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HomeMy WebLinkAbout2016 06-27 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION June 27, 2016 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center June 27, 2016 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.June 6, 2016 - Joint Session with Financial Commission2.June 13, 2016 - Study Session3. June 13, 2016 - Regular Session b. Licenses C. Resolution Appointing Election Judges d.Resolution Approving Transfer of Funds from Earle Brown Heritage Center Operating Fund to Earle Brown Heritage Center Capital Fund e.Resolution Approving a Transfer of Funds from the General Fund and the Municipal Liquor Store Fund to the Capital Improvements Fund f. An Ordinance Amending Ordinance No. 2014-07 Regarding Council Salaries for2017-2018 —Approve first reading and set second reading and Public Hearing for July 25,2016. CITY COUNCIL AGENDA -2- June 27, 2016 g.Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees h.Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2016-13, Contract 16-I, Water Tower No. 3 Reconditioning Resolution Approving Agreement Between Department of Transportation and the City of Brooklyn Center for Federal Participation in Construction - Agency Agreement No. 99880 j.Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2016-08, Contract 16-B, Northport Park Shelter Replacement k.Resolution Approving State of Minnesota Joint Powers Agreements with the City of Brooklyn Center on Behalf of Its City Attorney and Police Department 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Susan Remjeske for over 15 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. 8.Public Hearings a.An Ordinance Amending Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10 of the Brooklyn Center City Charter —This item was first read on May 23, 2016; published in the official newspaper on June 2, 2016; and is offered this evening for second reading and Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. b.An Ordinance Amending Chapter 3 of the City Code of Ordinances Regarding the Building Code —This item was first read on May 23, 2016; published in the official newspaper on June 2, 2016; and is offered this evening for second reading and Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. 9. Planning Commission Items a. Resolution Regarding the Disposition of Planning Commission Application No. 2016-003 Submitted by Senior Housing Partners, for Site and Building Plan Approval of a New 34-Unit, Senior Independent Living Apartment Facility on the CITY COUNCIL AGENDA -3- June 27, 2016 Maranatha Senior Living Community Campus (Located at 5401 - 69th Avenue North) Requested Council Action: —Motion to adopt resolution. b. Resolution Regarding the Disposition of Planning Commission Application No. 2016-007 Submitted by Eric T. Decker, for Special Use Permit Approval of a Special Home Occupation allowing a Personal Fitness Training Business as a Home-Based Business in the R-1 One Family Residence District (Located at 4206 Woodbine Lane North) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.6713 Colfax Ave N 2.5301 Dupont Ave N 3.5636 Humboldt Ave N 4.5548 Logan Ave N 5.Resolution Approving a Type IV 6-Month Provisional Rental License for 5700 Camden Ave N 6.Resolution Approving a Type IV 6-Month Provisional Rental License for 5332 Lilac Dr 7. Resolution Approving a Type IV 6-Month Provisional Rental License for 5301 Russell Ave N Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants. —Motion to close hearing. —Take action on rental license applications and mitigation plans. b. Resolution Amending and Restating Resolution No. 2016-63; Authorizing the Issuance, Sale, and Delivery of its Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016; Adopting a Housing Program Pursuant to Minnesota Statutes, Chapter 462c; Approving the Form of and Authorizing the Execution and Delivery of the Bonds and Related Documents; Providing for the Security, Rights, and Remedies with Respect to the Bonds; and Granting Approval for Certain Other Actions with Respect Thereto Requested Council Action: —Motion to adopt resolution. 11. Council Report 12. Adjournment EPA MEETING City of Brooklyn Center June 27, 2016 AGENDA 1.Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2.Roll Call 3.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. June 13, 2016—Regular Session 4.Commission Consideration Items a. Resolution Amending and Supplementing Resolution No. 2016-04; Approving a Development Agreement (Sanctuary at Brooklyn Center Project) Requested Commission Action: —Motion to adopt resolution. 5. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 27, 2016 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 —None PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Resident Economic Stability Update Including Diverse Businesses Opportunities 2.Fire Department Structure 3.Use of Hearing Officer Policy 4.Centennial Park Improvements 5.Solar Energy Options 6.Paperless Packets Report 7. Civic Group Policy - Mayor Willson City Council Agenda Item No. Ga MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION JUNE 6,2016 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, Assistant Finance Director Andrew Splinter, and Deputy City Clerk Rozlyn Tousignant. Councilmember Kris Lawrence-Anderson was absent and excused. Others present were Financial Commissioners Anna Burke, Rex Newman, Dan Schueller, and Dean Van Der Werf. Financial Commissioners Jeffrey Dobbs and Teneshia Kragness were absent and excused; James Schulz was absent and unexcused. APPROVAL OF AGENDA Councilmember Ryan moved and Councilmember Myszkowski seconded to approve this evening's agenda. Motion passed unanimously. PRESENTATION OF AUDITOR REPORT AND MANAGEMENT LETTER James Eichten, CPA, partner with Malloy, Montague, Karnowski, Radosovich, & Company (MMKR), the City's Auditing Firm, was introduced to review the City's Audit Report and Management Letter. Mr. Eichten outlined the auditor's role and the Audit Opinions and Findings which included the following: • Financial Report - Unmodified or Clean Opinion • Internal Controls Over Financial Reporting - No Findings • Single Audit of Federal Awards - No Findings • Legal Compliance Audit Findings - No Findings Mr. Eichten reviewed the Management Report prepared by MMKR and pointed out highlights relating to the Audit Summary and Governmental Funds Overview along with information on Taxable Market Values, Tax Rates, Governmental Funds Revenue per Capita, Governmental Funds Expenditures per Capita, General Fund Financial Position, General Fund Revenue by 06/06/16 -1- DRAFT Source, General Fund Expenditures by Function, Enterprise Funds Change in Financial Position, Water Fund, Sanitary Sewer Fund, Liquor Fund, and Earle Brown Heritage Center Fund. He also recapped that the City had received a clean opinion on financial statements; single audit of Federal Awards, no findings reported, and that the City is continuing with ongoing assessment of financial projections and results including General, Other Operational, and Enterprise Fund Activities. Mr. Eichten ended his presentation by explaining the City's net position which has increased nearly $5 million in 2016. There was discussion regarding the City's implementation of Government Accounting Standards Board (GASB) Statement No. 68, Accounting and Financial Reporting for Pensions. (25 minutes) STAFF OVERVIEW OF COMPREHENSIVE ANNUAL FINANCIAL REPORT Finance Director Reinhardt reviewed the 2015 Comprehensive Annual Financial Report (CAFR) and pointed out that there is a positive General Fund Operating Budget of $1,059,597; the General Fund Assigned and Unassigned Fund Balance represents 56.1 percent of next year's budgeted expenditures; and there is a fund balance >52 percent that will be transferred to the Capital Projects Fund ($804,815). He also outlined financial highlights in each of the following sections: General Fund Revenues, General Fund Expenditures, Enterprise Funds, Utility Funds, and other miscellaneous items. Discussion was held in regards to the fund balance of 52%, turnover/vacancies of City staff positions, bonding for the street projects, and the FRA & PERA pension funds. MISCELLANEOUS There were no miscellaneous items discussed ADJOURNMENT Councilmember Myszkowski moved and Councilmember Ryan seconded to adjourn the Work Session at 7:45 p.m. Motion passed unanimously. 06/06/16 -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 STUDY SESSION JUNE 13, 2016 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan were present. Councilmember April Graves (arrived at 6:38 p.m.). Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS MISCELLANEOUS None. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS SURLY DARKNESS DAY EVENT Finance Director Nate Reinhardt introduced this item. He provided background and a presentation on the details of the event. He stated Surly Brewing Company has approached Brooklyn Center about hosting their annual "Darkness Days" event at Centennial Park. He stated this is a one-day event to be held on a Saturday in October and it would include food trucks, a beer garden, and bands from approximately I a.m. until 5 p.m. He stated upon providing proper identification, anyone wishing to purchase a bottle of Surly Darkness could do so by obtaining a wristband the night before the event starting at 5 p.m. and then they would then be assigned a designated time slot to enter the Community Center on the day of the event to purchase their bottle. He noted this event is expected to draw upwards of 4,000 people. Councilmember Myszkowski stated she is happy the City is hosting this event. She asked if there is a fee involved in using Centennial Park for the event as well as she is wondering if Surly makes a profit from this event. City Manager Curt Boganey replied he is not certain about the financials associated with the event; however, he stated he believes this event is more about marketing than it is profiting for Surly. 06/13/16 -1- DRAFT Councilmember Myszkowski stated she expects to have inquiries from residents nearby Centennial Park regarding possible noise issues on the day of the event. She stated she is wondering if Surly would be interested in making a donation based on the amount of profit made from the event to a local social services program to cushion some of the possible backlash. Mr. Boganey replied that he has asked about the possibility of local civic organizations being able to be involved and benefit from this event and he hasn't received a response yet. Mayor Willson stated Surly is going through the typical process of obtaining licenses and permits to hold this event in Brooklyn Center. Councilmember Lawrence-Anderson asked what proceeds from the event go to a non-profit organization and which organization will receive the funds. Mr. Boganey replied he is not certain but would assume the proceeds from the beer garden would go to a currently unknown non-profit organization. Mr. Reinhardt stated in the past it was the Loppet Foundation but he does not know if that is the same one proceeds will go to this year. Councilmember Lawrence-Anderson asked if they could suggest which non-profit organization the proceeds go to. Mayor Willson replied he does not believe they want to start adding terms and conditions beyond those already in place as the result could be Surly taking the event elsewhere in the future. He stated it is a great event that generates a lot of PR for the City. Councilmember Lawrence-Anderson agreed. Councilmember Ryan stated as long as there are measures being taken regarding consumption regulations then he is satisfied and believes they should go forward with the event. Mr. Boganey stated the City lacks sufficient on-site parking. He stated Surly would need to seek remote parking locations and enter into agreements with lots to allow sufficient parking for the event. He noted the cost for the extra parking would be an expense that Surly would cover, not the City. Mayor Willson stated while the City wants to be respectful of the residents' wishes, it is not feasible to act on every complaint a resident may make regarding something, such as a noise complaint about this event. He noted that could create less of a problem for the City generating business. Councilmember Myszkowski stated the only people she has heard complaints from in the past regarding noise levels from events held at Centennial Park are those who reside in the high-rise building complex. Mayor Willson stated he would suggest providing the building residents with a memo outlining the event details and informing them ahead of time of the possibility for noise disturbances noting the time frame of the event so they know what to expect. Councilmember Lawrence-Anderson stated she would like to know if there are some regulations regarding people camping out and sleeping in the park until the wristbands go on sale the night before the event. Mr. Boganey replied the area will be blocked off. Police and security enforcement will be present to maintain orderly conduct, but he noted he expects people to camp out and sleep during the wait in line for the wristbands. He stated upon the end of the wristband sales the expectation is that anyone still occupying an area with camping or sleeping gear would be told to pack it up before people start to arrive for the Saturday event. 06/13/16 -2- DRAFT It was the majority consensus of the City Council to support the change of venue for Darkness Days 2016 to Centennial Park. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:33 p.m. Motion passed unanimously. 06/13/16 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 13, 2016 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, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Acting City Attorney Melissa Manderschied, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ray Christensen, 6803 Toledo Avenue North, Brooklyn Center, addressed the Councilmembers regarding the Maranatha project. He stated his main issue with the new project is the lack of parking for the building. He stated as it is currently, people are parking in the areas not allowed and where emergency vehicles would need to park. He stated the size and height of the building in the drawings provided by the engineers is deceptive. He noted it states the building is 3 levels; however, it is as high as a 4-story building. He also stated he is concerned about the fact that there is no sidewalk leading from the parking spots to the building which he stated is a safety concern for visitors and employees. He noted he fully outlined his concerns and issues in a statement provided to Councilmembers to review. Mayor Willson stated they will take Mr. Christensen's concerns under advisement and he thanked him for the detailed statement. Rhonda Andreen, 6743 Camden Avenue North, addressed the Councilmembers regarding a current City ordinance which limits the number of chickens a resident can have on their property. She stated she inherited 4 chickens and would like to see what she can do to request a change to the ordinance. She stated in her research she found at 18 surrounding cities all allow several chickens on any given property. She noted the chickens are quieter than most of her neighbor's dogs. 06/13/16 -1- DRAFT Mayor Willson stated she has taken the first few steps in the process of requesting a change to the ordinance. He noted she should take caution to the current ordinance as it relates to the number of chickens allowed now, as it sounds like she has 4 on her property currently. He stated the process can be lengthy before possibly seeing results. Councilmember Myszkowski stated she should look up Friends of Brooklyn Center's Facebook page to get more information on the issue and find others who are looking to accomplish the same goals. Councilmember Lawrence-Anderson stated her only concern is that there is no intention to slaughter the chickens; she asked what Ms. Andreen intends to do with the chickens. Ms. Andreen stated her intention is to keep them and use them for egg production. She noted she would never harm them. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Informal Open Forum at 6:53p.m. Motion passed unanimously. 2.INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. Regarding the Orlando event Sunday morning. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Acting City Attorney Melissa Manderschied, and Michaela Kujawa-Daniels, 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 items were approved: 06/13/16 -2- DRAFT 6a. APPROVAL OF MINUTES 1.May 23, 2016 - Study Session 2.May 23, 2016 - Regular Session 3. May 23, 2016 - Work Session 6b. LICENSES AMUSEMENT DEVICE Theisen Vending Company Family Dollar Store #5110 Family Dollar Store #4514 Jammin Wings GARBAGE HAULER Allied Waste Services of North America LLC Darling Ingredients, Inc. GarbageMan of Twin Cities Dba GarbageMan, A Green Co. LePage & Sons Inc. T & L Sanitation Walz Brothers Sanitation MECHANICAL Alliance Heating and Cooling Central Heating & Cooling LLC Crown Drain Cleaning MAG Mechanical New Century Systems Riccar Heating & A/C River City Sheet Metal Inc. dba River City Furnace Soderlin Plumbing, Heating & Air Summit Commercial Facilities Group Swenson Heating and A/C RENTAL INITIAL (TYPE III— one-year license) 6925 Regent Ave N. INITIAL (TYPE II— two-year license) 6930 Halifax Ave N. 5000 Zenith Ave N. RENEWAL (TYPE III—. one-year license) 2012 55th Ave N. 2335 Nevada Avenue North, Golden Valley 210557 1h Avenue North 6211 Brooklyn Boulevard 2590 Freeway Boulevard 8661 Rendova Street NE, Circle Pines 9000382 d Avenue, Blue Earth 13895 Industrial Park Blvd. 4100, Plymouth 23602 University Avenue NW, Bethel P.O. Box 49695, Blame P.O. Box 627, Maple Grove 2934 Colfax Ave, Minneapolis 26009 Nightingale Street NW, Isanti 3232 90th Ave, Blame 7100 Medicine Lake Rd, New Hope 20105 75th Avenue, Ste. B, Corcoran 2387 Station Parkway NW, Andover 8260 Main Street NE, Ste. 39, Fridley 3612 Cedar Avenue South, Minneapolis 8818 N 7th Avenue, Golden Valley 12723 320th Avenue, Princeton Travis Senenfelder Ali Egal Infinite Property LLC Invitation Homes 06/13/16 -3- DRAFT 1300 68thLnN. 5315 71st Circle 7137 Grimes Ave N. 5713 Humboldt Ave N. 5720 Logan Ave N. 7225 Major Ave N. RENEWAL (TYPE H— Iwo-year license) 5256 Twin Lake Blvd E. 5118 66th Ave N. 2928 67thLnN. 6614 Bryant Ave N. 5930 Camden Ave N. 5432 Dupont Ave N. 6400 Noble Ave N. 5712 Northport Dr. 6718 Scott Ave N. 6912 Unity Ave N. RENEWAL (TYPE I— three-year license) 3701 47th Ave N. Ryan Creek Manor 6511-21 Humboldt Ave N. The Pines 5235 Drew Ave N. 3412 62nd Ave N. 1612 69th Ave N. 6807 Aldrich Ave N. 4207 Lakeside Ave, #236 6900 Unity Ave N. SIGNHANGER Leroy Signs, Inc. Signminds, Inc. Grant Osgood Jolayne Williams Shawn Banks (Missing 1 ARM meeting) Janice Biom (Missing 1 ARM meeting) Jeniffer Kuria (Missing 1 ARM meeting) Kin Chew Brian Somkhan Scott Hanson Benjamin & Nicole Tramm Yi LinlKhai Hong Lim Properties Matthew Joseph Xiangming Guan Zamzam Gesaade Cindy & Raymond Scherbing Invitation Homes Geri Lynn Williams Drew Kabanuk The Pines North, LLC Jay Nelson Battenberg Neng Xi Lane Prosperous Property LLC Prosperous Property LLC First House LLC Yue Liu 6325 Welcome Avenue N, Brooklyn Park 1400 Quincy Street NE, Minneapolis 6c.RESOLUTION NO. 2016-80 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2015 6d.RESOLUTION NO. 2016-81 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS 06/13/16 -4- DRAFT 6e. RESOLUTION NO. 2016-82 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 8.PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2016-83 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-004 SUBMITTED BY MATT ZDON REQUESTING APPROVAL OF A VARIANCE TO CITY CODE SECTION 35- 400 - MINIMUM DISTRICT REQUIREMENTS, WHICH WOULD ALLOW AN ENCROACHMENT OF 26.7 FEET FROM THE REQUIRED 35-FOOT FRONT YARD SETBACK STANDARDS FOR A NEW GARAGE STRUCTURE (LOCATED AT 5261 TWIN LAKE BOULEVARD EAST) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2016-004 and advised the Planning Commission recommended approval of the application at its May 26, 2016, meeting. Councilmember Ryan stated his only question is regarding the floodplain issue; he is wondering if Mr. Benetti will be assisting Mr. Zdon in completing the next steps to ensure he is properly. covered. Mr. Benetti replied he will and that once Council approves the application they will then go before the Watershed Commission and get the approval they need there and the permit through the City Engineer. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-83 regarding the disposition of Planning Commission Application No. 2016-004 submitted by Mall Zdon requesting approval of a variance to City Code section 3 5-400 - Minimum district requirements, which would allow an encroachment of 26.7 feet from the required 35-foot front yard setback standards for a new garage structure (located at 5261 Twin lake Boulevard East) subject to the conditions set forth by the Planning Commission. Motion passed unanimously. 06/13/16 -5- DRAFT 9b. RESOLUTION NO. 2016-84 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-006 SUBMITTED BY ANTHONY NELSON FOR SPECIAL USE PERMIT APPROVAL OF A SPECIAL HOME OCCUPATION ALLOWING SILK-SCREEN PRINTING AND IMAGE PRINTING OPERATION AS A HOME-BASED BUSINESS IN THE R-2 TWO FAMILY RESIDENCE DISTRICT (LOCATED AT 5323 DUPONT AVENUE NORTH) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2016-006 and advised the Planning Commission recommended approval of the application at its May 26, 2016, meeting. Mayor Willson stated his only concern regarding this item is No. 6 of the conditions; that Mr. Nelson strictly adhere to this condition and properly dispose of all materials of waste as noted. Mr. Benetti responded on behalf of Mr. Nelson that he fully intends to follow all conditions laid out in the Resolution. Councilmember Lawrence-Anderson asked if it is an attached garage and is there more than 1 exit on the unit. Mr. Benetti replied it is a detached garage and there is more than 1 exit. Councilmember Ryan stated he generally supports in home businesses and does support this one. He noted he has only one concern and that is that a formal fire inspection be completed to ensure the safety of Mr. Nelson and his neighbors whose garages and homes are within inches of Mr. Nelson's garage. Mayor Willson echoed Councilmember Ryan's thoughts. Mr. Benetti stated aside from normal household garage items, acetone is really the only item Mr. Nelson uses for his printing that would be flammable and require special disposal care. He stated Mr. Nelson is willing to undergo a formal City inspection and will adhere to any and all conditions required to ensure safety standards are met. Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-84 regarding the disposition of Planning Commission Application No. 2016-006 submitted by Anthony Nelson for Special Use Permit approval of a Special Home Occupation allowing a silk-screen printing and image printing operation as a home-based business in the R-2 Two family Residence District (located at 5323 Dupont Avenue North) subject to the conditions set forth by the Planning Commission. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional Rental Licenses. 06/13/16 -6- DRAFT 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 lOal through 100. lOal. RESOLUTION NO. 2016-85 APPROVING A TYPE IV RENTAL LICENSE FOR 4013 65th AVENUE NORTH 10a2. RESOLUTION NO. 2016-86 APPROVING A TYPE IV RENTAL LICENSE FOR 5444 DUPONT AVENUE NORTH 100. RESOLUTION NO. 2016-87 APPROVING A TYPE IV RENTAL LICENSE FOR 2913 NASH RD Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan and adopt RESOLUTION NO. 2016-85 Approving a Type IV Rental License for 4013 65T Avenue North; RESOLUTION NO. 2016-86 Approving a Type IV Rental License for 5444 Dupont Avenue North; and, RESOLUTION NO. 2016-87 Approving a Type IV Rental License for 2913 Nash Road, 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. AN ORDINANCE AMENDING CHAPTER 12, SECTION 12-901, OF THE CITY CODE OF ORDINANCES; LIMITING THE DENSITY OF RENTAL HOUSING IN THE CITY Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to remove from the table An Ordinance mending Chapter 12, Section 12-901, of the city Code of Ordinances; Limiting the Density of Rental Housing in the City. Motion passed unanimously. Mayor Willson stated due to lack of community members reaching out on this issue he does agree that removing this item from the table for now is the best action to take at this time. He noted he took into consideration Councilmember Graves statements regarding property owner's right to do what they want with their property. Councilmember Graves stated there isn't any conclusive evidence that putting this ordinance into effect will lower police calls and code violations. She stated there is however, evidence that putting this ordinance into effect will cause exclusionary issues. Mayor Willson agreed. Councilmember Ryan stated the staff has asked the Council for further action on this item so 06/13/16 -7- DRAFT they will need to make a vote to approve further action on this item or not at this time. He stated the idea behind this ordinance is to better the community and earlier in the process he was a supporter of the ordinance; however, as Councilmembers have mentioned the City has good codes in place and they are currently doing their job. He stated he is in agreeance with Mayor Willson and Councilmember Graves at this time and that they should not take further action on the ordinance. Councilmember Myszkowski stated she would like to move to postpone indefinitely. Mayor Willson replied she only needs to advise if she would like to move forward with further action right now or not for the vote. Councilmember Myszkowski stated she agrees to not take further action. Acting City Attorney Melissa Manderschied asked for clarification that the Council has requested a motion to adopt the ordinance and if that motion fails then it will not be accomplished. Mr. Boganey replied that she is correct. He stated he believed the appropriate motion is to take further action on this proposed ordinance as opposed to a motion not to take action. Councilmember Ryan stated for clarification that if the Council agrees to not move forward with this ordinance at this time, that doesn't mean they can't revisit this ordinance at a later date. He stated he doesn't believe there is enough input from the residents at this time to move forward or take further action on this item. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt An Ordinance Amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City. Mayor Willson and Councilmembers Graves, Lawrence-Anderson, Myszkowski, and Ryan voted against the same. Motion failed. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • June 6, 2016: City Council Joint Work Session with Financial Commission • June 10, 2016: Mike Trdan Environmentalist Meeting • June 14, 2016: Entertainment in The Park at Centennial Park • June 15, 2016: Board of Director's Quarterly Meeting for Visit Minneapolis North • June 16, 2016: Neighborhood in The Park Meeting • June 23, 2016: Ribbon Cutting Ceremony for new water treatment plant in Brooklyn Center • June 23, 2016: Earle Brown Day Parade Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • June 6, 2016: City Council Joint Work Session with Financial Commission • June 23, 2016: Earle Brown Days parade 06/13/16 -8- DRAFT . June 25, 2016: All about Kids and Families in The Park Event Councilmember Lawrence reported on her attendance at the following and provided information on the following upcoming events: • May 25, 2016: Odyssey Academy Board Meeting • May 26,2016: Odyssey Academy Special Board Meeting • June 23, 2016: Earle Brown Days parade Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • May 24, 2016: Coon Rapids Dam Tour hosted by Three Rivers Park • June 6, 2016: Youth Council year end celebration at Centennial Park • June 10, 2016: Youth Worker Kick-off Meeting in Minneapolis • June 11, 2016: Juneteenth Celebration at Brookdale Library Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • May 28, 2016: Meeting with Senator Eaton • May 31, 2016: Brooklyn Center Rotary Luncheon • June 3, 2016 Mayor Cable 12 Minutes Taping • June 6, 2016: City Council Joint Work Session with Financial Commission • June 7, 2016: Steve Rummler Hope Foundation (SRHF) Event at Twins Field • June 11, 2016: Senators and State Representatives Gathering for Hmong and Laos Memorial at the State Capital 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:03 p.m. Motion passed unanimously. 06/13/16 -9- DRAFT City Council Agenda Item No. 6b i[I1Ik[Si I R I I DkTA U I MYA (I) t1I flhJ'A I DATE: June 23,2016 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City ClerkK SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on June 27, 2016. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. AMUSEMENT DEVICE Mendota Valley Amusement, Inc. 390 Richmond Street B, South St. Paul Brooklyn Center American 6110 Brooklyn Blvd Legion Post #630 LIQUOR - ON-SALE 3.2 PERCENT MALT LIQUOR Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill MECHANICAL Air Mechanical Inc Archer Mechanical Heating & Cooling Two Joel Smith Heating & A/C Knight Heating & A/C Northern's One Hour Heating Professional Mechanical T & S Heating And Air Conditioning WJW Co dba/Twin City Heating RENTAL See attached report. GARBAGE HAULER Ace Solid Waste, Inc. Aspen Waste Systems, Inc. Randy's Sanitation 5711 Xerxes Ave N, Suite K 16411 Aberdeen Street NE, Ham Lake 1614 Cliff Road E, Burnsville 18550 County Rd 81, Maple Grove 13915 Lincoln Street NE, Ste.E, Ham Lake 13535 89th Street NE, Otsego 9431 Alpine Drive, Ramsey 8851 Research Center Rd, New Hope 8617 Ironwood Ave 5, Cottage Grove 2713 91st Crescent, Brooklyn Park 6601 McKinley Street NW, Ramsey 2951 Weeks Avenue SE, Minneapolis P.O. Box 169, Delano Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [.1ucsJ I fl N N MT4 LA I Ik 0] 1a'WI IPA4 I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 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 License Number of Units Validated Calls for Disorderly Conduct Category 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 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3Category3-4 units Greater than 0.25 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 Budget Issues: There are no budget issues to consider. 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Background: Minnesota Statutes, Section 203B. 121, provides that the absentee ballot board may include staff trained as election judges. Because the absentee ballot board must accept or reject absentee ballots in such a timely fashion, it is imperative that City Staff be appointed to the absentee ballot board to process the absentee ballots during the 45 to days prior to the election. Minnesota Statutes, Section 204B.21, subd. 2, requires election judges be appointed by the governing body at least 25 days before the election at which the election judges will serve. A resolution is included that lists individuals who have applied to serve as an election judge for the 2016 elections. Budget Issues: There are no budget issues to consider. Iktission: Ensuring on 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 APPOINTING ELECTION JUDGES WHEREAS, a State Primary Election will be held August 9, 2016, and a State General Election will be held November 8, 2016; and WHEREAS, Minn. Stat. 204B.21, subd. 2, requires that persons serving as election judges be appointed by the Council at least 25 days before the election at which the election judges will serve. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the individuals named below and on file in the office of the City Clerk be appointed to perform the duties of election judge and/or be appointed as the Brooklyn Center Absentee Ballot Board election judges. BE IT RESOLVED the City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, subd. 2, under the direction of the Election Manager to serve as members of the Brooklyn Center Absentee Ballot Board. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary- Marjorie Adkisson Kathryn Eligren Rose Keller Rita Roehri Aihassan Ahmed David Erickson Nahid Khan Dorothy Rogers Lorraine Anderson Douglas Garder Mary King Will Rogers Alyson Arneson Mary Gersetich Mary LaDuke Carolyn Sayers Janet Arntsen Don Giilquist Mavis Lammi Thomas Schommer Melissa Barnes Mark Goodell Ginny Lebus Peggy Seibert Paul Bay Marilyn Grabowski Glenard Lieder Ileene Sheeley Nancy Blexrud Carolyn Green Shirley Lindshohn Elizabeth Spaid Christine Bonovsky Steve Hailer Nancy Manson Beverly Tesiow Richard Brack Allan Hancock Gayle Merritt Tim Thorbus Doris Branch Nancy Hansen Sue Minor Sarah Wilks Bill Bruneau Gilbert Hartlage Lorraine Moe Sheila Williams Kenneth Bueckers Philip Henrichs Kathleen Nelson Kathy Winn Donald Bumgarner Kelly Herrmann Mary Nordness Kathryn Worre Anne Kamer C Paulette Houglum Susan Okerstrom Charles Calhoun Lori Huot DeLores Olson Jean Carlson Felicia Ikebude Riggs Opland Absentee Ballot Carol Christians Joseph Jablonski Molly Paulsen Board Esther Connolly Leonard Jacobsson Patti Peterson City Staff Maria Doron Charlene Johnson John Polz Charlene Finberg Betty Dudley Dave Johnson Mia Rampi-Larnbertz Sharon Knutson Betty Eckhoff Lynne Johnston Kay Rands Maria Rosenbaum Raymond Eckhoff Mindy Jost Karen Richter Rozlyn Tousignant RESOLUTION NO. June 27, 2016 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. 6d I[i1BkIJ I I I k'A U'A I MhYA (SI UI IIIA'A I DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director M. SUBJECT: Capital Transfer from Earle Brown Heritage Center Recommendation: It is recommended that the City Council consider adoption of a resolution authorizing the transfer of $350,000 from the operating fund of the Earle Brown Heritage Center to the Capital Fund of the facility. Background: At the end of, each fiscal year the cash balance in the Earle Brown Heritage Center (EBHC) operating fund is subjected to an analysis according to a formula in the cash reserve policy for the facility. The formula requires that the EBHC operating fund hold in cash the equivalent of the monthly average amount of cash deposits held for events booked at the facility plus one and one half times the average of cash disbursements per month. At the end of 2015, the cash balance in the EBHC operating fund was $1,412,770. The required cash reserve calculated using the formula was $1,031,718. The difference of $381,052 is available for transfer to the capital fund of the EBHC. Staff recommends moving $350,000 of that amount available from the operating fund to the EBHC Capital fund. The attached resolution authorizes such a transfer. Budget Issues: Also attached is the resulting cash flow projection for the EBHC Capital Fund assuming that the $350,000 transfer is approved. The projection assumes that an annual capital transfer of $200,000 will allow the EBHC Capital Fund to remain relatively stable through 2029. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public (rust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING TRANSFER OF FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND WHEREAS, a formula was developed to calculate an annual transfer of money from operations of the Earle Brown Heritage Center (EBHC) to a capital fund for use in maintaining, renovating and upgrading the EBHC facilities; and WHEREAS, the calculation of funding available at the end of 2015 indicated a balance of $381,052 available; and WHEREAS, $350,000 may be transferred from EBHC Operations to EBHC Capital and such change may be done without harm to the EBHC operating fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a transfer of $350,000 from the operating fund of the Earle Brown Heritage Center to the EBHC Capital Fund be and hereby is approved. 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IcCN- 100 cc cc cc cc ccCOI'- '100UCCCj 0<0 "C C-)C-)N-Cl)'C 'C cc NI U) N - CD Cl) 00 'a)cc cca)CLI,0 'C 'C CD N- 0 '0 C-) 'C cc N - 'C —CI) 10 100 0 C)0 1010C)00 C)U) 00(00 0) CD 0) 00 'C N- 10 CC IC) CD 'CC')NIN-NIC')CONI010'CC a)o N-CO - 'C C-)C') N- OlD '0 <C')C')'-N- OlD cc cc 0 CL a)C) C"U))CU.0 CU 10 00 10 0 ,E .E0) '0CI]cc 0C")>, a)O0 LU16LLI0.•< ' a)C—oc U a)a)a)a)U2oa)Ua)0 0 0 00Ua)10 '0 0Ca)U CU C a) a)))CU>aW no:a)a)CCC CCCcc0 0 City Council Agenda Item No. 6e [SIi1IJ[SJ I U I I aI4 U'A I aIA 0) PIJJ'A I DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Capital Project Funding Policy Transfers Recommendation: It is recommended that the City Council consider adoption of the attached resolution authorizing the transfer of funds from the General fund ($804,815) and Municipal Liquor Store fund ($138,935) to the Capital Improvements fund. Background: In January 2014, the City Council adopted a Capital Project Funding Policy which provided for recurring funding sources for the City's 15 year Capital Improvement Plan (CIP). The respective funding sources and the transfer calculations are as follows: 1) The audited year-end Unassigned Fund Balance within the General fund that exceeds 52% of the next year's General fund operating budget: 2015 Audited - General Fund Ending Fund Balance General Fund - 2015 Nonspendable Fund Balance General Fund - 2015 Unassigned Fund Balance 2016 Budget - General Fund Operations Excess Funds Percentage Policy - Target Fund Balance Recommended Transfer $ 11,170,917 (78,859) 11,092,058 19,783,159 52% 10,287,243 $ 804,815 ñiission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust :ioisisi i • i u i a o asia i 2) The audited year-end cash balance of the Municipal Liquor Stores fund that exceeds three and one half (3.5) months of the operating budget and 1 years of the capital budget: 2015 Audited - Municipal Liquor Stores Cash Balance 2016 Budget - Cost of Goods Sold 2016 Budget - Operating Expenses Total 2016 Operating Budget Calculated - 3.5 Months of Operating Budget 2016 Budget - Capital Budget Policy - Target Cash Balance Recommended Transfer $1,916,501 4,371,682 1,373,114 5,744,7 96 1,675,566 102,000 1,777,566 $ 138,935 Budget Issues: The approval of these transfers should have no effects on the General or Municipal Liquor Store funds, as the transfers are of excess funds and/or cash balances. A corresponding cash flow projection for the Capital Improvements Fund has been included, with the assumption of the transfers being approved. The projection shows that the outlays identified in the City's CIP will have adequate funding sources over the 15 year time frame. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community (11(11 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 APPROVING A TRANSFER OF FUNDS FROM THE GENERAL FUND AND THE MUNICIPAL LIQUOR STORE FUND TO THE CAPITAL IMPROVEMENTS FUND WHEREAS, the City Council of the City of Brooklyn Center has adopted a Capital Projects Funding Policy; and WHEREAS, the audited year-end Unassigned fund balance within the General fund exceeded 52% of the next year's General fund operating budget; and WHEREAS, the audited year-end cash balance within the Municipal Liquor Stores fund exceeded the combination of three and one half months of the following years operating budget plus the following years capital budget; and WHEREAS, the excess funds as calculated by the terms of the Capital Projects Funding Policy may be transferred from the General and Municipal Liquor Stores funds to the Capital Improvements fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that a transfer of $943,750 is made into the Capital Improvements fund, with $804,815 from the General fund and $138,935 from the Municipal Liquor Stores fund. June 27, 201 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. t o cq0 0. oo N a- 0 £U)o N0 eNa- •0 o N0 2N 3,- o N.- 0o Na- U)o N 0 2N 3,- •0 o N0 3,- •0 cqoO N 0 t CL •00) 0o N a- D o N0 a- •0 o) O N EL IL A EL LL !<C x0 cL 00 ao0 0)C 0000 0 N 00 N0 000 0 0 00 0 000 0 0 N 0 0 N CT cicici ci ci LU NOD 0 ONN N- N- U) NN-N CO -o0. 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CL) 0 0 0 0 LU Ow 0 - LU ciciNU) LU LU U)LUN N o-o-N Cc LLN N N 0 LU LU N 0 0 0) N Or a -N- 0 '-N N 0 0 N- N0 0 0 0) =O 0 U) 0 U) 0 0 IL) 0) 0 CL) R fofUiof o o 0 N '- U) U) - ,- U) U) (0 0) N- 'C U) CL) 0) N (OLD >, to, 0 Cl) N N N NNN N N UW0•'0 >'CON-(0000oLUO ONO) 000o0) C 0 0 CU N- U) U) 0 (0 LU N 0) N - N. U) N N- r-0 0)00NoLON-0) (ON-LOU) ,-ON(0(D 0 U) N-N U)U)L0N- Nci'CN- U)LUN-N-0 O'C ,-O'-NN'C(DN ,- ONNr CLOD N- 0N0, NLCNo N-'COoN E3) N N 'C (U N'CN N N E (0 a 0 0 £ CC 0 0°' 0) OCW 00 gj U) X0)EWC(jj 0.0 L CLL3) Ue §;fltotE0 oaLO U)) a-o5C-I-I- aOO-__ -g OQL1i Z0L),L CC (0 03 0) U) 0 0 City Council Agenda Item No. 6f [[I]JJhIJ I N N N M'A IhYA I 3K7A (I) 1I PIPA I DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Financial Commission Recommendation on Mayor and City Council Salaries Recommendation: It is recommended by the Financial Commission that the salaries for the Mayor and City Council increase by 2% above their current compensation levels for 2017 and for 2018. Proposed action is to approve the first reading of this ordinance and set a Public Hearing for Monday, July 25, 2016 for the second reading and final adoption. Background: Every two years the Financial Commission is required by the City Council Code of Policies to review the salaries for the Mayor and City Council and recommend any changes that may seem appropriate. The Financial Commission has reviewed the salaries in comparison to a specified group of comparison cities as outlined by policy. The data on comparison with those cities for the years 2011 through 2016 is attached. The Financial Commission met on Thursday, June 16, 2016 to review the attached information and make their recommendation. Following a discussion the Commission unanimously recommended that the Mayor and City Council salaries increase by 2% for 2017 and 2018. The Commission cited that the 2% increases were consistent with recent staff wage adjustments. They also noted that the Mayor and City Council salaries were "frozen" for 2015 and 2016. The Financial Commission discussed the fact that some of the other comparison cities provided an Wad or technology allowance and would consider adding something similar in addition to the salaries if it would improve the City Council's ability to perform their job functions. According to Minnesota Statutes 415.11, such ordinance will be in effect for 12 months after which the salary reverts to the previously designated amount. In order to increase salaries for 2017 and 2018 the Council must adopt a new ordinance. The attached ordinance proposal calls for a public hearing t be held on Monday, July 25, 2016 on a new ordinance establishing 2017 and 2018 salaries. Budget Issues: Under the recommended proposal, the wage adjustments for the Mayor and City Council will increase in total by $963 for 2017 and an additional $981 for 2018. If approved, these amounts will be incorporated in the 2017 and 2018 budgets. Strategic Priorities: Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive comnuinity that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of July 2016, 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 Ordinance 2014-07 Regarding Council Salaries for 2017- 2018. 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. AN ORDINANCE AMENDING ORDINANCE NO. 2014-07 REGARDING COUNCIL SALARIES FOR 2017-2018. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 2014-07 which amended the amount of the annual compensation to be paid to the Mayor and Council Members to become effective January 1, 2015, is hereby amended. Section 2. Effective January 1, 2017, the annual salary for the Mayor shall be $12,083 and the annual salary for Council Members shall be $9,251. Section 3. Effective January 1, 2018, the annual salary for the Mayor shall be $12,325 and the annual salary for Council Members shall be $9,436. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of ,2016. Mayor ATTEST: City Clerk Date of Publication Effective Date (Underline indicates new matter.) MINNESOTA STATUTES 2013 415.11 415.11 SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES. Subdivision 1. Set by ordinance. Notwithstanding the provisions of any general or special law, charter, or ordinance, the governing body of any statutory or home rule charter city of the second, third or fourth class may by ordinance fix their own salaries as members of such governing body, and the salary of the chief elected executive officer of such city, in such amount as they deem reasonable. Subd. 2. After next election. No change in salary shall take effect until after the next succeeding municipal election. Subd. 3. Temporary reductions. Notwithstanding subdivision 2 or a charter provision to the contrary, the governing body may enact an ordinance to take effect before the next succeeding municipal election that reduces the salaries of the members of the governing body. The ordinance shall be in effect for 12 months, unless another period of time is specified in the ordinance, after which the salary of the members reverts to the salary in effect immediately before the ordinance was enacted. History: Ex1967 c 42 s 1,2; 1976 c 44 s 34, 2009 c 152 s 17 Copyright © 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. (0 0(-4 0 CD 4 0 Ii 0)4)NU)00)NN00 NN '' £00 NO C) ITcli 't ON00 CO.0 00 ''PEEO..EC)0.C) -- 00) cL 0 7Z6 )-D C)E -:3CNO04')o cqf.- r-0 0 '' .0 - __-1_C)c. 4(34(3 C.0E .9 CL 5-'-DC)C0 -cl!C) N00 .0 C) -C) 00 2-C)C))=C) 6s co - 00)juC).0 -- C) C) 0 C) -S (400(00)0 00 0.2 C)NN 5.C)C)ca . (0-6(3 0 -c0 C)N5O .02 COO 5(00)ON -00)4.00 00''-.0024) C)c0 -6 dE0C)C)C) 69 6% -o 4)ao-0-_ C):0 2-2 -.ool So 4. 0 -0 C)C) ._ C C)C') ('4 0) N cL 0 C)('4.00 C)C)C).O C)0 0 -(0 d)C)-0 ->.0 >£00----0E C)'-0 20.2CL4)-C)C)C) 20. 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(00 0 4') 0) 9)CON 0 U) CO N 4. 0) (0 9) ON NO (0c0U)N ONo 0(4 -0)0)0(0(00000(00 0 N 0 (0 C') (0 00 ' N(0C)4')-U)0(0C')(0(0 0)0)0 0OF--0 0 £0 N (0000(000 (04')4) ('4 4. C') 4. (04. 0 CO C) U)O ONOU) (0(04.03(0(0 ON- N 00) (0 (ONO No 0(9 0)0)00 v-(0000)(0 0 0 N 0 (0 ON (0 0 N0(090(0(0(0(0 4" 00 F-- ' 0 N 0000(000 (0(N4) C') 04 (4 4. '04. 0 4') 0) U)C U) U) 0 U) (0(0 "L 0) (09) ON NO O(OU)NONo O 000(000000)C')o 0 0 0 (0 ON 00 N0-C')-00-(0 C) (90) CC) 0 0 N 0 0 £0 C)0 0 0 4. 0 C) N 0)C ('4 (0 0 04. 0) U) N C') C) .Q 0 ('1 (0 (40 N C) C') W 0 (0 Cl) 0 N '0 Cl) 09 0 0o-5 (0(0 (0(0 00)00)0)0 000 C)C) - o 0 003.4)C C)C) >0o o - 0 00 C) caI 9.. (000. (30 LA N- (N N-N-(0 (N L()cc cc Lt) (Q Gi C' C)C')14) ft 14) (0 0(N co N-cccoCDC)C)c.'r C 014) ce ft CO. ' (N co (0 N-cc I()C)cc CoC) c'L q It C) C') C)0) cft - C')CCN-C'. C')I4) (N C)C) (ft C') -C)C')cc 14)CO Co Ct (N q C) (N C)C) (ft (ft (ft N-cc cc 0 CO..cc - - C)ccNT cft cc ClC." co 0CIA U t-. 0 a.-0 Cu 2 ci)Cl)0CL0a.-0 co 0 C) a) 0 cc C('.1 C.', 0 cc 0 co (N -a) C) C') ja) C-) N-- 0C') 0 N-- 0(N cu-I)L.0 0 — 0 a)ca) OE00 cc 0 cc It N-C')cc C)cc ft I- a)(13 C).0 0 cu 0 c 0I-0o 0 I- City Council Agenda Item No. 6g 1161806 10 N N DVA U'A I A [I) 1II I1IJi DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of dead trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of dead trees that were recently marked by the city tree inspector and have become a public safety issue due to being a dead tree. The removal of dead trees is defined in City Ordinance Chapter 20-202 and 19-101 thru 19-105. Property owners are given the opportunity to remove the dead tree on their own or enter an agreement to allow the city to remove the dead tree, Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. If the owner does not respond within ten days, they are provided with a second notice notifying them of the City Council meeting where the dead tree is declared a public nuisance. If the property owner does not correct the violation or enter into an agreement, the City will remove the dead tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The cost of removal of dead trees located on private property is the responsibility of the respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, sqft, inclusive community that enhances the quality of ilfi? ,for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-202 and 19-101 thru 19-106, declares any dead tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of dead trees and abatement of the public nuisance is necessary to prevent the hazard and to protect the safety of the public in neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Dead Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners ten (10) days to remove dead trees on the owners' property; and WHEREAS, the City can expedite the removal of these dead trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The dead tree at the following address is hereby declared to be a public nuisance. A Tri-p. Tvne. nnd No. 6120 Lilac Dr N 2 Locust 5800 Dupont Ave N 4 Maple 5700 James Ave N 5 Maple 5631 Hillsview Ave N 8 Mountain Ash 3600 53"' Ave N 9 Poplar 2.After ten (10) days from the date of the initial notice, the property owner(s) was notified of the determination of the City Council declaring the dead tree a public nuisance. 3. If the property owner fails to appeal, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. RESOLUTION NO. June 27, 2 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. 6h [1IIJ[ I I *AL'A I ak'i[I) WI11Ik'AI DATE: June 21, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer $J FROM: Mike Marsh, Public Utilities Supervisor SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2016-13, Contract 16-I, Water Tower No. 3 Reconditioning Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to V&T Painting, LLC for Improvement Project No. 2016-13, Contract 16-I, Water Tower No. 3 Reconditioning. Background: Bids for the Water Tower No. 3 Reconditioning, Project No. 2016-13, Contract 16-I, were received and opened on June 2, 2016. The bidding results are tabulated below: Bidder Classic Protective Coatings, Inc. TMI Coatings, Inc. V&T Painting, LLC Base Bid Alternate Base Bid $1,574,600 $1,499,600 $1,747,000 $1,742,000 $1,791,600 $1,282,000 The updated estimated project cost provided by the consulting engineer prior to bidding was $1,391,350. The bids included a base bid that would complete the project summer/fall 2016 and an alternate bid that would give the option to complete the project spring/summer 2017. The low bid per the base bid would be Classic Protective Coatings, Inc.; however, the alternate bid resulted in a significant cost savings with the lower alternate bid being submitted by V&T Painting, LLC in the amount of $1,282,000. Additionally, a second bid alternative included upgrading an optional component upgrade of the original water tower construction. The original water tower included a caulked sealed joint between the lapped roof plates and the roof rafters; the bid alternate would upgrade this joint to a welded seal in lieu of the caulk. While a welded joint is more typical of today's practices, the caulked seal has provided an adequate joint since the construction of the water tower with no noticeable wear that has been detrimental to the water tower. The welded seal upgrade would cost an additional $108,000 to the project. However, based on a cost-benefit evaluation of this upgrade, the value is not realized. Re-caulking the seal is the recommended option, which is included in the base bid. It should also be noted that there were minor irregularities in the bids and bidding process. Two of the bids contained computation errors in the bids and were corrected according to the Instructions to Bidders (corrected results are as indicated in the table above). A notable computation error existed in the V&T Painting LLC bid where they had a unit price of $5,000 Mission: Ensuring on attractive, clean, safe, inclusive communilj that enhances the quality of life for all people and piescrves the public trust IiU[iJ ifl I N*"A U I Dk'A [I] iWl WJ I per hour listed (quantity of 100 hours) and their extended total amount was $5,000. Their intent was to have a $50 per hour rate. Per the Instructions to Bidders "In ease of an error in the extension of prices, the unit bid prices shall govern." The corrected amount is $500,000, which resulted in their corrected Base Bid amount of $1,791,600 in lieu of their submitted $1,282,600 amount per their computed total. This corrected amount made them highest bidder per the Base Bid. However, their Alternate Base Bid was a lump sum total of $1,282,000 making them the low bidder should the City award based on the Alternate Bid. V&T Painting LLC confirmed that the $1,282,000 is their total project amount for the Alternate Bid, considering the computation error in the Base Bid. Another irregularity pertained to the submission and opening of the bids: two bids were gathered at the 10 a.m. public bid opening time and opened immediately thereafter. Later in the day, the City Clerk realized a bid (V&T Painting, LLC) had been mistakenly mixed in with routine mail as it was not properly addressed to the City Clerk as a "sealed bid". It was verified that the bid was received prior to the 10 am. submission time and was therefore accepted and opened. The City Attorney reviewed this issue and has indicated this irregularity is not material in the sense that it would not result in granting an unfair advantage or benefit, and therefore the City Attorney recommended to waive this minor irregularity. The City's design engineer, Badger State Inspection, LLC (BSI) has evaluated V&T Painting, LLC and determined that they are a competent contractor capable of completing the project. It should be noted that BSI's background check found that V&T Painting, LLC had two significant Occupational Safety and Health Administration (OSHA) violations in the past three years including the following: 1) On October 24, 2014, two men died from a fall. The online documents stated that rigging was not installed by a competent person, the rigging equipment was not inspected before use and there was a lack of worker training. Proposed penalties were $199,000 and BSI was informed that they were only cited for minor OSHA violations due to the finding that the fall was a result of worker error. 2) On April 3, 2015, a citation was issued by OSHA for lead exposure to workers. The documents concluded V&T Painting, LLC was cited and fined $121,000 apparently for issues pertaining to lead paint removal and worker safety. While these are very notable issues, BSI indicated that they will work with V&T Painting, LLC to ensure that a safe environment is maintained to protect their workers, the City, BSI and also the public (e.g. golfers playing golf around the tower). Based on the three bids received, the lowest bid of $1,282,000 was submitted by V&T Painting, LLC of Farmington Hills, Michigan. BSI has determined V&T Paining, LLC has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project, understanding there will be special inspection and monitoring measures to ensure a safe work site. Budget Issues: The bid amount of $1,282,000 exceeds the 2016 budgeted amount. The total estimated budget in the Capital Improvement Plan including contingencies, administration, engineering and legal was $1,300,000 and is recommended to be amended to $1,482,000, an approximate 14.0 percent increase (see attached Resolution - Costs and Revenues tables). The Water Fund has the capacity to fund the additional cost through the cash reserves. Future cash reserve balance will be imJission: Ensuring an atiractire, clean, safei inclusive cojnnu,ui!r that enhancesances the qua/hr / life for all people and preserles i/xe public trust I1IiIJ[iJUfltN 3IhYA UhU3k(I) 1WI P1UAI reviewed during the annual Water Fund budget efforts. It should also be noted that debt is anticipated to be issued to reimburse the costs to the Water Fund for this project. Strategic Priorities: Key Infrastructure Investments Ill iSIiO 0. LHSUI'Wg On attractive, clean, safe, inclusive coniumnhty that enhances the qua/it)' of/fe for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-13, CONTRACT 16-I, WATER TOWER NO. 3 RECONDITIONING WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2016-13, Contract 16-I, bids were received, opened and tabulated by the City Clerk and Engineer on the 2nd day of June, 2016. Said bids were as follows: Bidder Classic Protective Coatings, Inc. TMI Coatings, Inc. V&T Painting, LLC Base Bid Alternate Base Bid $1,574,600 $1,499,600 $1,747,000 $1,742,000 $1,791,600 $1,282,000 WHEREAS, the base bid prescribed to complete the project summer/fall 2016 and the alternate base bid prescribed to complete the project spring/summer 2017; and WHEREAS, V&T Painting, LLC is the lowest responsible bidder, based on the alternate base bid, and will complete the project spring/summer 2017. 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 V&T Painting, LLC of Farmington Hills, Michigan in the name of the City of Brooklyn Center, for Improvemeht Project No. 2016-13, Contract 16-I, 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: Amended COSTS Estimated per Low Bid Construction Cost $1,100,000.00 $1,282,000.00 Engineering and Administrative $ 100,000.00 $ 100,000.00 Contingency $ 100,000.00 $ 100,000.00 TOTAL $1,300,000.00 $1,482,000.00 Amended REVENUES Estimated per Low Bid Water Fund $1,300,000.00 $1,482,000.00 RESOLUTION NO June 27, 2016 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. 6i I[I1ih[OI li DIhYA U'A I IkT4 [I) 1'WI iIA I DATE: June 2l,2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer 5 FROM: Mike Albers, Project Engineer SUBJECT: Resolution Approving Agreement Between Department of Transportation and the City of Brooklyn Center for Federal Participation in Construction - Agency Agreement No. 99880 Recommendation: It is recommended that the City Council consider approval of the agency agreement between the City of Brooklyn Center and the Minnesota Department of Transportation (Mn/DOT), which allows for Mn/DOT to act as the City's agent in accepting federal aid. This agreement is intended to cover all federally funded projects that the City is awarded funds for until revisions are needed to the agreement. Background: The City has been awarded multiple federal aid projects including the Evergreen Park and School Area Safe Routes to School Trail Project and the Brooklyn Boulevard Phase 1 Reconstruction and Streetscape Project from 491h Avenue to just north of Bass Lake Road. The City is currently in the process of applying for federal funding for a pedestrian bridge over Trunk Highway (TH) 252 at 70th Avenue, interchange at TH 252 and 66 th Avenue and the Brooklyn Boulevard Phase 2 Reconstruction and Streetscape Project from Bass Lake Road to 1-94. The disbursement of any federal aid funds as part of these projects pass through and are managed by Mn/DOT. As part of the requirement for these transportation projects, the Federal Highway Administration requires the City to delegate to Mn/DOT this authority to act as the City's agent to receive and disburse the federal aid funds. The attached agreement is the standard delegated contract process agreement necessary for Mn/DOT to perform these functions. The City Attorney and City Engineer have reviewed the agreement and recommend approval, accordingly. Budget Issues: There are no budget issues to consider at this time. Strategic Priorities: Key Infrastructure Investments j14ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality qf life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER FOR FEDERAL PARTICIPATION IN CONSTRUCTION - AGENCY AGREEMENT NO. 99880 WHEREAS, the City of Brooklyn Center has been awarded federal aid for the Evergreen Park and School Area Safe Routes to School Trail Project, construction programmed for 2017; and WHEREAS, the City of Brooklyn Center has been awarded federal aid for the Brooklyn Boulevard Phase 1 Reconstruction and Streetscape Project from 49th Avenue to just north or Bass Lake Road, construction programmed for 2017; and WHEREAS, the City ofBrooldyn Center is currently applying for future federal aid funding for other transportation projects; and WHEREAS, for federal aid roadway projects, the Minnesota Department of Transportation (Mn/DOT) is typically delegated the duties to receive and disburse federal funds through the Federal Highway Administration; and WHEREAS, said agreement between the City of Brooklyn Center and Mn/DOT allows for Mn/DOT to act as the City's agent in accepting federal aid. This agreement is intended to cover all federally funded projects that the City of Brooklyn Center is awarded funds for until revisions are needed to the agreement; and WHEREAS, said agreement supersedes prior federal aid delegated contract process agreement number 84188 between the City of Brooklyn Center and Mn/DOT executed in approximately 2003. NOW; THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Brooklyn Center to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. 2.The Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Brooklyn Center to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota RESOLUTION NO. Department of Transportation Agency Agreement No. 99880", a copy of which said agreement was before the City Council and which is made part hereof by reference. June 27, 201 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. MnDOT Agreement No. 99880 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER FOR FEDERAL PARTICIPATION IN CONSTRUCTION This agreement is entered into by and between the City of Brooklyn Center and the State of Minnesota acting through its Commissioner of Transportation ("MnDOT"), Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the City agent in accepting federal funds on the City behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project(s)"; and This agreement is intended to cover all federal aid projects initiated by the City and therefore has not specific State Project number tied to it, and The Catalog of Federal Domestic Assistance number or CFDA number is 20.205, and This agreement supersedes agreement number 84188 and; MnDOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I, DUTIES OF THE CITY A.DESIGNATION, The City designates MnDOT to act as its agent in accepting federal funds in its behalf made available for the Project(s). Details on the required processes and procedures are available on the State Aid Website B.STAFFING. 1. The City will furnish and assign a publicly employed licensed engineer, ("Project Engineer"), to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the alternative where the City elects to use a private consultant for construction engineering services, the City will provide a qualified, full-time public employee of the City, to be in responsible charge of the Project(s). The services of the City to be performed hereunder may not be assigned, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for performance of (MnDOT Agreement No. 99880) Page 1 the work, 2. During the progress of the work on the Project(s), the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then the City will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co-principal with respect to the Project(s). LETTING. The City will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations: 1.The City will solicit bids after obtaining written notification from MnDOT that the Federal Highway Administration ("FHWA") has authorized the Project(s). Any Project(s) advertised prior to authorization will not be eligible for federal reimbursement. 2.The City will prepare the Proposal for Highway Construction for the construction contract, which will include all of the federal-aid provisions supplied by MnDOT. 3. The City will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws. The City will include in the solicitation the required language for federal-aid construction contracts as supplied by MnDOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders, and where the City will receive the sealed bids. 4.The City may not include other work in the construction contract for the authorized Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project(s). 5.The City will prepare and sell the plan and proposal packages and prepare and distribute any addendums, if needed. 6.The City will receive and open bids. 7.After the bids are opened, the City Council will consider the bids and will award the bid to the lowest responsible bidder, or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises, the City will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the MnDOT Equal Employment Opportunity Office. CONTRACT ADMINISTRATION. (MnDOT Agreement No. 99880) Page 2 1.The City will prepare and execute a construction contract with the lowest responsible bidder, hereinafter referred to as the "Contractor," in accordance with the special provisions and the latest edition of MnDOT's Standard Specifications for Construction and all amendments thereto. 2.The Project(s) will be constructed in accordance with plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of MnDOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the City Engineer's Office. The plans, special provisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 3.The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). The services of the City to be performed hereunder may not be assigned, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for performance of the work. 4.The City will document quantities in accordance with the guidelines set forth in the Construction Section of the Electronic State Aid Manual that were in effect at the time the work was performed. 5.The City will test materials in accordance with the Schedule of Materials Control in effect at the time each Project was let. The City will notify MnDOT when work is in progress on the Project(s) that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule, 6.The City may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into supplemental agreement(s) with the Contractor. The City will not be reimbursed for any costs of any work performed under a supplemental agreement unless MnDOT has notified the City that the subject work is eligible for federal funds and sufficient federal funds are available. 7, The City will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. The City will prepare reports, keep records, and perform work so as to enable MnDOT to collect the federal aid sought by the City. Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist, available from MnDOT's authorized representative. The City will retain all records and reports in accordance with MnDOT's record retention schedule for federal aid projects. 9. Upon completion of the Project(s), the Project Engineer will determine whether the work will be accepted. (MnDOT Agreement No. 99880) Page 3 E. PAYMENTS. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the City. The City will pay any part of the cost or expense of the Project(s) that is not paid by federal funds. 2.The City will prepare partial estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate, the City will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 3.Following certification of the partial estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnDOT and will include a copy of the certified partial estimate. 4.Upon completion of the Project(s), the City will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final estimate, the City will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.Following certification of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. F. LIMITATIONS. 1.The City will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2.Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or (MnDOT Agreement No. 99880) Page 4 permitted by the City under this agreement will not be considered employees of MnDOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of MnDOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub-contractor. 4. Utilities. The City will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated herein by reference. G I' AUDIT. The City will comply with the Single Audit Act of 1984 (with amendment in 1996) and Office of Management and Budget (OMB)'s "Supercircular" 2 CFR 200 Subpart F, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, MnDOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of seven years. The City will be responsible for any costs associated with the performance of the audit. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. CLAIMS. The City acknowledges that MnDOT is acting only as the City's agent for acceptance and disbursement of federal funds, and not as a principal or co- principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The City will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The City's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by MnDOT. Federal Funding Accountability and Transparency Act (FFATA). This Agreement requires the City to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The City is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the City provides information to the MnDOT as required. 1. Reporting of Total Compensation of the City's Executives. a. The City shall report the names and total compensation of each of its five most highly compensated executives for the City's (MnDOT AgreemeritNo. 99880) Page 5 preceding completed fiscal year, if in the City's preceding fiscal year it received: i. 80 percent or more of the City's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170,320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and iii.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.). Executive means officers, managing partners, or any other employees in management positions. Total compensation means the cash and noncash dollar value earned by the executive during the City's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): Salary and bonus. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv.Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 2. The City must report executive total compensation described above to the MnDOT by the end of the month during which this agreement is awarded. (MoDOT Agreement No. 99880) Page The City will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each project. More information about obtaining a DUNS Number can be found at: http://fedqov.dnb.com/webform/ 4. The City's failure to comply with the above requirements is a material breach of this agreement for which the Mn DOT may terminate this agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the City unless and until the City is in full compliance with the above requirements. DUTIES OF MnDOT. A.ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. B.PROJECT ACTIVITIES. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s), and for reimbursement of eligible costs pursuant to the terms of this agreement. 2.MnDOT will provide to the City copies of the required Federal-aid clauses to be included in the bid solicitation and will provide the required Federal-aid provisions to be included in the Proposal for Highway Construction. 3.MnDOT will review and certify the DBE participation and notify the City when certification is complete. If certification Of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any shortfall. 4. MnDOT will provide the required labor postings. C. PAYMENTS. 1.MnDOT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2.MnDOT will reimburse the City, from said federal funds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. 3.Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and state eligibility of all the payment requests. If the Project is found to have been completed in accordance with the plans and specifications, MnDOT will promptly release any remaining federal funds due the City for the Project(s). 4.In the event MnDOT does not obtain funding from the Minnesota Legislature (MnDOT Agreement No. 99880) Pagel or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as MnDOT is able to process the federal aid reimbursement requests. D.AUTHORITY. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. E.INSPECTION. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records, and documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. Ill. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. IV.ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and executed by the same parties who executed the original agreement, or their successors in office. VI.AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the appropriate State officials pursuant to Minnesota Statutes Section 16C.05. VII.CANCELLATION. This agreement may be canceled by the City or MnDOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a cancellation the City will be entitled to reimbursement for MnDOT-approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of cancellation subject to the terms of this agreement. VIII. DATA PRACTICES ACT. The parties will comply with the provisions of the Minnesota Government Dàta'Practices Act (Minnesota Statutes chapter 13) as it applies to all data gathered, collected, created, or disseminated related to this Agreement. Remainder of this page left intentionally blank (MnDOT Agreement No. 99880) Page 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF BROOKLYN CENTER 2. DEPARTMENT OF TRANSPORTATION City certifies that the appropriate person(s) have executed the contract on behalf of the City as required by applicable articles, By: bylaws, resolutions or ordinances Title: Director By: Aid for Local Transportation Title: Date: Date: 3. COMMISSIONER OF ADMINISTRATION By: By: Title: Date: Date: (MuDOT Agreement No. 99880) Page 9 City Council Agenda Item No. 6j I[I1IJ[iJ I flV V 3kA L!A I*'A [I) 1Iflih'A I DATE: June 21, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Todd Berg, Supervisor of Streets/Parks SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2016-08, Contract 16-E, Northport Park Shelter Replacement Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to General Contractors of MN, Inc., for Improvement Project No. 2016-08, Contract 16-E, Northport Park Shelter Replacement. Background: Bids for the Northport Park Shelter Replacement, Project No. 2016-08, Contract 16-E, were received and opened on June 16, 2016. The bidding results are tabulated below: BIDDER TOTAL BASE BID General Contractors of Minnesota, Inc.$143,800 Derau Construction $143,800 Global Specialties Contractors $164,000 Project One Construction, Inc.$170.480 J.S. Cates Construction, Inc.$186,000 Ebert, Inc.$186,800 Versacon, Inc.$219,200 Of the seven (7) bids received, two low bids of $143,800 were received. The two contractors were evaluated and General Contractors of Minnesota, Inc., were determined to have the better experience, equipment and capacity to complete the project. Therefore, staff recommends awarding the project to the lowest responsible bidder, accordingly. Attached are two exhibits of the proposed shelter: 1) the first exhibit is the schematic detailed drawing of the proposed shelter, and 2) the second photo is an existing shelter that was used to model the proposed shelter, showing generally the same amenities and architectural theme. Budget Issues: The bid amount of $143,800 is within the 2016 budgeted amount. The total estimated budget including contingencies, administration and engineering is $200,000 and is expected to stay within this budget (see attached Resolution - Costs and Revenues tables). Strategic Priorities: • Key Infrastructure Investments Mission: Ensuring on 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 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-08, CONTRACT 16-E, NORTHPORT PARK SHELTER REPLACEMENT WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2016-08, Contract 16-E, bids were received, opened and tabulated by the City Cleric and Engineer on the 16th day of June, 2016. Said bids were as follows: Bidder Total Base Bid General Contractors of Minnesota, Inc.$143,800 Derau Construction $143,800 Global Specialties Contractors $164,000 Project One Construction, Inc.$ 170.480 J.S. Cates Construction, Inc.$186,000 Ebert, Inc.$186,800 Versacon, Inc.$219,200 WHEREAS, two identical bid amounts were received and opened along with five other bids; and WHEREAS, it is the recommendation that General Contractors of Minnesota, Inc. of Blaine, 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 General Contractors of Minnesota, Inc. of Blaine, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2016-08, Contract 16-E, 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: COSTS Estimated Construction $150,000.00 Engineering/Administration $ 20,000.00 Contingency $ 30,000.00 TOTAL COSTS $200,000.00 Amended per Low Bid $143,800.00 $ 20,000.00 $ 36,200.00 $200,000.00 RESOLUTION NO. Amended REVENUES Estimated p^gr Bid Capital Improvements Fund $200,000.00 $200,000.00 June _27,_2016 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. 3N1 'Si3iIH3V MOiflfl (IO4Sd dqo \\ I1 IIrg 0 TjI p2 TI-_p 1___ (;I ! :I:H!)_____ HH- L : r r E $! ; I 1- \ ; I H i. \ \ l^l I W-MW 1 1 - JV ilx VI OW Aw - / I 7w' •: 4r6'\ City Council Agenda Item No. 6k [IIJ[.1 I N k'4 U I 3IA (I) 1WI 1IJ'A I DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Tim Gannon, Chief of Police ,-c" SUBJECT: Renewal of an existing Joint Powers Agreement between the State of Minnesota and the City of Brooklyn Center on behalf of its City Prosecutor's Office and Police Department. Recommendation: It is recommended that the City Council consider adoption on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, and Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. This is a renewal of an existing Joint Powers Agreement that is expiring in August of 2016. Background: Under Minn. Stat. § 471.59, the BCA and the Brooklyn Center Police Department are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Brooklyn Center Police Department is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. The Brooklyn Center Police Department wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the police department has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Budget Issues: No budgetary impact. Strategic Priorities: Community Image 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 STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF BROOKLYN CENTER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Brooklyn Center on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota as follows: 1.That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Brooklyn Center on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2.That the Chief of Police, Tim Gannon, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent- amendment Or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Chief of Police is appointed as the Authorized Representative's designee. 3.That the Chief of Police, Tim Gannon, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Chief of Police is appointed as the Authorized Representative's designee. 4.That Tim Willson, the Mayor for the City of Brooklyn Center, and Curt Boganey, the City Manager, are authorized to sign the State of Minnesota Joint Powers Agreements. RESOLUTION NO. June _27,_2016 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. SWIFT Contract # 110446 MNO270200 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Brooklyn Center on behalf of its Police Department ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access.The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A.Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA' s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B.Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will selecta method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-3 8 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. SWIFT Contract # 110446 MNO270200 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJTS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://app.dps.mn.gov/cjd . 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx . Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https:lldps.mn.gov/divisions/bca/bca- divjsjons/rnnjjs/Docurnents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A.Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B.To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us . 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must SWIFT Contract # 110446 MNO270200 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 PaymentThe Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Three Hundred Ninety Dollars ($390.00) or a total annual cost of One Thousand Five Hundred Sixty Dollars ($1,560.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes.. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized RepresentativesThe BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, IVIN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Chief Tim Gannon, 6645 Humboldt Avenue N, Brooklyn Center, MN 55430, (763) 569-3333,or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. SWIFT Contract # 110446 MNO270200 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. § § 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber 4 SWIFT Contract # 110446 MNO270200 Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA' s determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA' s satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 VenueVenue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligationsThe following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and lO.Venue. SWIFT Contract # 110446 MNO270200 The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Name: (PRINTED) Signed: Signed: Title: (with delegated authority) Title: (with delegated authority) Date: Date: 3. COMMISSIONER OF ADMINISTRATION Name: delegated to Materials Management Division (PRINTED) By: Signed: Date: Title: (with delegated authority) Date: 6 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Brooklyn Center on behalf of its Police Department ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 110446, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1.TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2.Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a."Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b."Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us ) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i."Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii."Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii."Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv."Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d."DCA" shall mean the district courts of the state of Minnesota and their respective staff. e."Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 L "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.nm.us . g."Court" shall mean the State of Minnesota, State Court Administrator's Office. h."Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by-this reference the same as if set forth verbatim herein. a.Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b.Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(1) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a.To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b.To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access, to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d.That, without limiting. section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e.That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be. subject to the provisions of this Subscriber Amendment. 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a.Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b.Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. 1. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9.LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 6 10.AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11.[reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a.Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b.Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The COurt may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13.FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14.MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a.WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b.ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18.NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19.FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20.SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21.ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22.GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23.VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 2.DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Date: 3.COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: (PRINTED) Signed: Title: (with authorized authority) Date: 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 10 City Council Agenda Item No. 7a [EI1U(iJ I fl I I DIk'A U'A I Dk'A [I) 1'Ih1 I1BJ I DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Resolution Expressing Recognition and Appreciation of Susan Remjeske for over 15 Years of Dedicated Service to the City of Brooklyn Center. Recommendation: It is recommended that the City Council consider approval of the attached resolution expressing recognition and appreciation of Susan Remjeske for her dedicated service to the City of Brooklyn Center. Background: Sue began her employment with the City of Brooklyn Center on May 7, 2001, as a Customer Service Technician/Permit Technician. Sue is retiring on July 30, 2016 after more than 15 years of service to the City of Brooklyn Center and its citizens. Sue has been a valuable member of the Building and Community Standards Department since 2007. Sue has always been a very reliable employee. She has ensured that permits are issued in a timely manner and provided great customer service. Sue has coordinated the administrative penalty program, Section 8 inspection, rental inspection, permit inspections, and completed monthly reports for state requirements. The attached resolution is in appreciation of the high degree of professionalism and proficiency that Sue has provided to the City. Budget Issues: There are no budget issues to consider. Strategic Priorities: Inclusive Community Engagement 4'1Lsioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life fir nil people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SUSAN REMJESKE FOR OVER 15 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER. WHEREAS, Susan Remjeske began her employment with the City of Brooklyn Center on May 7, 2001, as a Customer Service Technician/Permit Technician. Sue is retiring on July 30, 2016, after more than 15 years of service to the City of Brooklyn Center and its citizens; and WHEREAS, Susan Remjeske has consistently provided the City of Brooklyn Center and its residents with dedicated public service during her tenure working in the capacities of Customer Service Technician/Permit Technician and Permit Technician; and WHEREAS, Susan Remjeske has been instrumental in providing administrative support to the Building and Community Standards Department including: the administrative penalty program, Section 8 inspections, rental inspection, permit inspections, and completed monthly report for state requirements; and WHEREAS, Susan Remjeskq is recognized for her great customer service she has provided for the citizens of the City of Brooklyn Center; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Susan Remjeske has conducted her duties and made a positive impact on the community of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Susan Remjeske is hereby recognized and appreciated by the City of Brooklyn Center. June 27, 2016 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 8a [EI1BI[SJ I I I k' UYA I [I) 1WI WAi DATE: June 16, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^6w youd^- SUBJECT: An Ordinance Amending Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10 of the Brooklyn Center City Charter Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10 of the Brooklyn Center City Charter. Background: At its May 9, 2016, meeting, the City Council received the Charter Commission recommendation to amend the City Charter by Ordinance and directed Staff to prepare an Ordinance Amending the City Charter. At its May 23, 2016, meeting, the City Council approved first reading of An Ordinance Amending Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10 of the Brooklyn Center City Charter. Attached are the materials provided at the May 23, 2016, meeting. The second reading and Public Hearing are scheduled for June 27, 2016. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on June 2, 2016. If adopted, effective date will be October 5, 2016 (90 days from date of published adoption). Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [IO]SJ[J I U I I DW'A U I Dk"4 (I) 1I lIIhYA I DATE: May 16,2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City SUBJECT: An Ordinance Amending Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10 of the Brooklyn Center City Charter Recommendation: It is recommended that the City Council consider approving first reading and setting second reading and Public Hearing for June 27, 2016, on An Ordinance Amending Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10 of the Brooklyn Center City Charter. Background: At its May 9, 2016, meeting, the City Council received the Charter Commission recommendation to amend the City Charter by Ordinance and directed Staff to prepare an Ordinance Amending the City Charter. Attached is an ordinance amending the City Charter for Council consideration, as well as materials that were presented at the May 9, 2016, City Council meeting. Budget Issues: There are no budget issues to consider. IWjssjo,z: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27th day of June 2016 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 Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10 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. AN ORDINANCE AMENDING SECTIONS 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, AND 5.10 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2, Section 2.07 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal giral election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. Section 2. Chapter 3, Section 3.01 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a regular municipal general election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty-four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. ORDINANCE NO. Section 3. Chapter 4, Sections 4.01, 4.02, 4.06, and 4.07 of the City Charter of the City of Brooklyn Center are hereby amended as follows: Section 4.01. THE REGULAR MUNICIPAL GENERAL ELECTION. A regular- municipal general election shall be held on the first Tuesday after the first Monday in November of even-numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the regular municipal general election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal nral election unless no more than two nominees file for each elective office. [City Clerk's Note: Minnesota Statutes, Section 205.065, Subd. 1 provides that a municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers.] When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.06. WRITE-IN CANDIDATES. A candidate for city office who wants write- in votes for the candidate to be counted must file a written request with the filing officer for the office sought no later than the seventh (7th) day before the general municipal g eneral election or special election. The filing officer shall provide copies of the form to make the request. Section 4.07. CANVASS OF ELECTION. The Council shall meet and canvass the election returns between the third (3rd) and the tenth (10th) day after any regular gai, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. Section 4. Chapter 5, Sections 5.04, 5.05, 5.06, and 5.10 of the City Charter of the City of Brooklyn Center are hereby amended as follows: Section 5.04. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of registered voters equal to at least five per cent (5%) of the total number of registered voters at the time of the last regular municipal general election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form: Section 5.05. FILING OF PETITION AND ACTION THEREON. All the signature papers shall be filed in the office of the City Clerk as one instrument. Within fl-ye (5) days after the filing of the petition, the City Clerk shall ascertain by examination, the number of registered voters whose signatures are appended thereto and whether this number is at least five per cent (5%) of the total number of registered voters at the time of the last regular municipal aeneral election. If the Clerk finds the petition insufficient or irregular, the Clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for such finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the Clerk shall so notify each member of the committee of that fact and file the petition as an official City record. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the voters at the next regular general or special election. Section 5.06. ACTION OF COUNCIL ON PETITION. When the petition is found to be sufficient, the City Clerk shall so certify to the Council at its next regular meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the Council to a vote at the next regular municipal general election, but if the number of signers of the petition is equal to at least fifteen (15) per cent of the total number of registered voters at the time of the last regular municipal aeneral election, the Council shall call a special election upon the measure. Such special election shall be held not less than thirty (30) nor more than forty-five (45) days from the ORDINANCE NO. date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a fegular general election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten (10) per cent of the total number of registered voters at the time of the last regu1-a+ municipal general election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be prevented from going into operation. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by a majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal general election, pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a majority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. Section 5. Effective Date. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this day of 2016. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) [Ii1SJSJ I fl I I MhYA L I 3I'A (I]1I I1BJhYi I DATE: April 27, 2016 TO: Curt Boganey, City Manager FROM: Sharon Iiutson, City Clerk ^jwm mut?-A^- SUBJECT: Charter Commission Submission of Recommended Amendments to the City Charter Recommendation: It is recommended that the City Council receive the Charter Commission recommendation to amend the City Charter and consider directing Staff to prepare an ordinance for City Council consideration. Background: On April 26, 2016, Charter Commission Chair Mark Goodell transmitted to City Manager Curt Boganey amendments to the City Charter as recommended by the Charter Commission. The amendments are to Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10, changing the terminology "regular municipal election" to "municipal general election" to be consistent with State Statute terminology relating to elections. Under Minn. Stat. §410.12 Subd. 7, the City Council may enact a charter amendment by ordinance. If it is the direction of the City Council, we will prepare an ordinance for consideration within 30 days of Council receiving these recommendations. Adoption of said ordinance requires unanimous approval of all Council Members to become effective. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public trust BROOKLYN CENTER HOME RULE CHARTER COMMISSION April 25th 2016 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 Commission's reasons behind the recommended amendment. Sincerely, 4pa ^- #01^^ 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 #1 Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06 and 5.10 of the City Charter of the City of Brooklyn Center are hereby amended to change the terminology of "regular municipal election" to "municipal general election". Updates are detailed in the following: Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipa-imunicipal general election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a regular municipalmunicipal general election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty-four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 4.01. THE REGULAR MUNICIPALMUNICIPAL GENERAL ELECTION. A regular municipalmunicipal general election shall be held on the first Tuesday after the first Monday in November of even-numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the municipal generairegular municipal election, there shall be a primary election for the selection of two nominees for each elected office at the municipal generairegular municipal election unless no more than two nominees file for each elective office. [City Clerk's Note: Minnesota Statutes, Section 205 .065, Subd. 1 provides that a municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers.] When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.06. WRITE-IN CANDIDATES. A candidate for city office who wants write-in votes for the candidate to be counted must file a written request with the filing officer for the office sought no later than the seventh (7th) day before the general municipalmunicipal general election or special election. The filing officer shall provide copies of the form to make the request. Section 4.07. CANVASS OF ELECTION. The Council shall meet and canvass the election returns between the third (3rd) and the tenth (10th) day after any regulargeneral, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. Section 5.04. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of registered voters equal to at least five per cent (5%) of the total number of registered voters at the time of the last municipal generalfegular municipal election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form: Section 5.05. FILING OF PETITION AND ACTION THEREON. All the signature papers shall be filed in the office of the City Clerk as one instrument. Within five (5) days after the filing of the petition, the City Clerk shall ascertain by examination, the number of registered voters whose signatures are appended thereto and whether this number is at least five per cent (5%) of the total number of registered voters at the time of the last municipal generalregular municipal election. If the Clerk finds the petition insufficient or irregular, the Clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for such finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the Clerk shall so notify each member of the committee of that fact and file the petition as an official City record. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the voters at the next regular general or special election. Section 5.06. ACTION OF COUNCIL ON PETITION. When the petition is found to be sufficient, the City Clerk shall so certify to the Council at its next regular meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the Council to a vote at the next municipal generalregular municipal election, but if the number of signers of the petition is equal to at least fifteen (15) per cent of the total number of registered voters at the time of the last municipal generalregular municipal election, the Council shall call a special election upon the measure. Such special election shall be held not less than thirty (30) nor more than forty-five (45) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; bñt if a regular general election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten (10) per cent of the total number of registered voters at the time of the last municipal generairegular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be prevented from going into operation. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by a majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next municipal generairegular municipal election, pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a majority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. Submitted to the City this 25th day of April 2016. BY THE CHARTER COMMISSION Mark Goodell, Chairperson Mary O'Connor, Secretary City Council Agenda Item No. 8b nsiii i • i i ak"A i I av"i 0) iIi flhii DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA,'- Specialist SUBJECT: Ordinance Amending Chapter 3 of the City Code of Ordinances Recommendation: Staff recommends that the City Council conducts a Public Hearing and consider approval of the second reading of an ordinance amending Chapter 3 including various provisions to the Minnesota State Building Code. Background: On May 23, 2016, the City Council passed the first reading and scheduled the Public Hearing for an ordinance amending chapter 3; and scheduled the second reading and Public Hearing for June 27, 2016. The Notice of Public Hearing was published in the Brooklyn Center Sun Post on June 2, 2016. If adopted effective August 6, 2016. This ordinance provides for the application, administration and enforcement of various provisions and amendments to the Minnesota State Building Code including adoption of the National Electrical Code, the Residential Energy Code, the Commercial Energy Code and the Minnesota State Mechanical Fuel Gas and Plumbing Codes in the City of Brooklyn Center. Currently, the City is enforcing the new provisions under the State Building Code with authority provided through State Statutes. The adoption of this code will align our standards with the State Statutes and allow for standards to be consistent between agencies. Attached is a document produced by 10,000 Lakes Chapter of the International Code Council that provides information regarding the significant changes to the codes. The following general changes were made when the State adopted the 2012 code to replace the previously adopted 2006 code. o The code included many changes that helped to clarify the interpretation of the code. • There were significant changes to the Energy Code. • Permitting requirements were adjusted. o Fences 7 feet and under don't require a permit (previously required at 6 feet) o Sheds under 200 square feet don't require a permit (previously required at 120 square feet) o The Minnesota Plumbing Code was replacing by the 2012 Uniform Plumbing Code. fission: Ensuring an attractive, clean, safe cWtimuni(i , that enhances the quulltr qflife and preserves the public trust I[I1SJ[SJ IU I N 3k'A U I 31h74 [I] 1I flhIh'I I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment: Chapter 3 Code Amendments Significant Changes to Minnesota Residential Codes Handout Mission: Ensuring an attractive, clean, safe ca;nmuhsity that enhances the qualltv qV 'fife (mdpreserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27th day of June 2016, 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 relating to building codes in the City. 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. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY CODE OF ORDINANCES RELATING TO BUILDING CODES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 3-101, is hereby amended as follows: Section 3-101. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes, Sections 1 6B.59 to 1 6B.75, one copy of which is on file in the office of the city clerk is hereby adopted as the building code for the City of Brooklyn Center. Such code is hereby incorporated in this ordinance as completely as if set out in full, A. The following chapters of the Minnesota State Building Code are adopted and incorporated as part of the building code for the City of Brooklyn Center: 1.1300 - Administration of the State Building Code 2.1301 - Building Official Certification 3.1302 - Construction Approvals 4.1303 - Minnesota Provisions of the State Building Code and Window Fall Prevention and Radon 5.1305 - Adoption of the 20062012 International Building Code with State Amendments 6.1307 - Elevators and Related Devices 7. 1309 - 2006 2012 International Residential Code with State Amendments 8. 1311 - 2012 International Existing Building Code adopted with State Amendments MN Conservation Code for Existing Buildings ORDINANCE NO. 9.1315 - Adoption of the 2005 2014 National Electrical Code 10.1322 Solar Energy Systems 2012 International Enerav Conservation Code (residential Provisions) Adopted with State Amendm e nt 11. 1323 International Energy Conservation Code (Commercial Provisions) Adopted with State Amendments 4-0 12. 1325 - Solar Energy Systems 44- 13. 1335 - Floodproofing Regulations 4-27 EL 1341 - Minnesota Accessibility Code Amends 2012 International Building Code, Chapter 11 (is based on ICC/ANSI A117.1/2Q2) 4-3- 15. 1346 - Adoption of the Minnesota Mechanical Code & fuel and Fuel Gas Code (20006 International Mechanical and Fuel Gas Codes) 2012 International Mechanical and Fuel Codes adopted with State Amendments 44 16. 1350 - Manufactured Homes 44 ii 1360 - Prefabricated Buildings 4-67 18. 1361 - Industrialized/Modular Buildings 47-- 19 1370 - Storm Shelters (Manufactured Home Parks) 1-87 20. 4715 Minnesota Plumbing Code 4714 2012 Edition of Uniform Plumbing Code with State Amendm e nt s 4-9-- 21. 7511 -Minnesota Fire Code 207 22 Minnesota Energy Code, Minnesota Rules, Chapter 7670 as provided in Minnesota Statutes Section 16B.617, and Minnesota Rules, Chapters 7672, 7674, 7676, and 7678. Section 2. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. ORDINANCE NO. Adopted this day of , 2016. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) 10000! (KLS II P I ERL1 I1 LkNA1 1uAI, OJOE 04 NCIL C ODE COIJNCILi. SIGNIFICANT CHANGES to the 2015 Minnesota Residential Codes (MR 1303, 1309 and 1322) The foilowinci information contains simplified explanations of significant changes to the 2015 Requirements for Radon Control Systems (Minnesota Provisions to the Minnesota State Building Code, MR 1303.2401 6 -as permeable material (definition). Changed Item 3 for other materiels, systems or floor designs to require the system to be professionally engineered to provide depressurization under the entire soil gas membrane 1303.2402 Single vent pipe, Subp. S. Added requirement for minimum R-4 insulation on vent pipe routed through unconditioned space. Applies to both passive and active systems 1303.2403 Radon gasvent pipe fan. When an active system (i.e. using a fan) is installed, the radon fan shall be rated for continuous operation and provide a minimu.irn 50 cfrn at 3d inch w.c. In addition, a system monitoring device (audible alarm, manometer etc.) and switch-controlled luminaire and receptacle outlet near the fan shall he installed The following information contains simplified explanations of significant changes to the 2015 Minnesota p d.nth-d rn4 thntprI with Minncoto Amendments, MR 1309J.IttJitfCr rsrLdl .1Jt1L c'-'_..z. r - - 1300.0120 Permits, Subp. 4. - (1)changed floor area for when permits are required for detached accessory structures from 120 s.f. to 200 s.f. (2)Changed fence height for when permits are required from 5 ft. to 7 ft. 1300,0120 Permits, Subp. 13. Added MS 15.41 requiring the permit to-specify the name and address of the applicant, and the general contractor, Also requires the construction permits to be posted in a conspicuous and accessible place at the premises or site of construction. R302.1 Exterior walls. Added new table Table R302.1(2): Exterior Walls—Dwellings with Fire Sprinklers for reduced separation distances. B302.2 Townhouses. Restructured requirements, in-cluding new Table R302.6: Dwelling/Garage Separation. R308.4.5 Glazing adjacent stairs and -ranips. Restructured requirements changed the maximum height of a hazardous location to- 36 inches vertically above the plane of the adjacent walking surface of stairs and ramps R308.4.7 Glazing adjacent to the bottom stair landing. Restructured requirements changed the maximum height of a hazardous location to 36 inches vertically above the bottom stair landing. R:310.1 Emergency escape and rescue required. Added exception for basements that are protected with an automaticsprinkler system. R312.2 Window fail protection. Window fall protection is required in dwelling units where the lowest part of the opening is located more than 72 inches above finished grade/floor. Operable sections of windows shall not permit openings that allow passage of -a 4 inch diameter sphere where such openings are located within 36 inches of the finished floor, R313.2 Automatic fire systems. Fire sprinkler systems are required in one-family dwellings 4,500 s.f, and larger (excludi)g garage) and all multi-family dwellings. R314 Smoke Alarms. Listed wireless alarms are allowed in lieu of hard-wired interconnected alarms. R315 Carbon monoxide alarms Carbon -monoxide alarms are required in dwelling units that have attached garages or when fuel--fired appliances are installed. They shall be installed outside of and not more than 10 feet i from each separate sleeping area or bedroom and on each level containing sleeping areas or bedrooms. R310 Site ad dress, Address numbers shall be rnfnmum 4 Inches high with stroke width of 11 inch and contrast with the background. R402.2 Concrete, Added provison Ln Table R402,2 specfyingfcottgs have to meet a compressive strength of 50C0psi W)O_f all weathering potentials, Footnote g' on the table allows the use of 2-500 psi with an approved admixture that provides a water and vapor resistance at least equivalent to 5000 psi concrete R404.1 Concrete and masonry foundation walls. Section was rewritten for clarity on concrete and masonry foundation walls, including changes to Table R404.1(I): Maximum Anchor Bolt and Blocking Spacing for Supported Foundation Walt. Added a column indicating spacing of blocking perpendicular to floor joists in inches. - R405 Foundation drainage. A filter membrane is required for perforated pipe foundation drains. 4O6.2 Waterproofing. Exterior foundation walls that retain earth and enclose below grade irterior spaces, floors, and crawl spaces shall be waterproofed. Dampproofing is no longer allowed. R5013 Fire protection of floors. New requirement for floor assemblies to be provided with a )t inch gypsum wallboard membrane or equivalent on the underside of the floor, unless it is constructed of dimensional lumber of 2 inch x 10 inch non*al dimension or greater. R502.1.3 End-jointed lumber. Requires encljointed lumber used in an assembly required elsewhere in the code to have a fire-resistive rating to have designation of "Heat-Resistant Aclhesive' or "HRA" included in its grade mark. R502,13 Structural composite lumber. Added requirement for structural composite lumber to be established and monitored to A.STM D 5456, R502.6 Bearing. Added requirement for ends of joist, beam or girder to bear on masonry or concrete directly, or have a sill plate of 2 inch minimum nominal thickness under the loist, beam orgirder. The sill plate shall provide a minimum nominal bearing area Df 48 square inches. R507.2 Deck ledger connection to band joist, R507.21 Placement of lag screws or bolts in deck ledgers and band joists. These sections contain new prescriptive requirements for deck ledgers and band joists, including corresponding tables and figures. R507.2.2 Alternate deck ledger connections. New alternate to prescriptive requirements based on accepted engineering practices. R507.2.3 Deck lateral load connection. New prescriptive provision for the lateral load required in R507.1 to be permitted to be installed per Figure R507.23 with hold-down tension devices installed in not less than 2 locations per deck. R5023 Design and construction. Table 602.3(1): Fastener Schedule for Structural Members. The fastenirg requirements for solid, sawn lumber framing members have been reorganized into three categories related to roof, walls and floors. New requirements added for nailing roof trusses to plates (5), abutting studs at intersecting wail c:omers (8), connection of rim board to sill plates (25) and ledger strip supporting joists or rafters (31). Common nails have been removed as approved gypsum sheathing attachment method. Minimum thickness of wood structural panels recognized is now 3/8 inch. Clarifies that table 602.3(1) does not apply to exterior wood structural sheathing. Fastening requirements for exterior sheathing are in table 602.3(3). R6023 Design and construction. Table R602.3(3): Requirements for Wood Structural Panel Wall Sheathing Used to Resist Wind Pressure. New table now establishes minimum requirements for fastening, panel thickness, span ratings and stud spacing based on wird speed and exposure. R502..3 Design and construction. Table R6023(5): Size, Height and Spacing of Wood Studs. A habitable attic is treated the same as a typical roof and ceiling forming an attic in determining wood stud size and spacing. R602.6.1 Drilling and notching of top plate. When a metal tie is required across the opening of a notched or drilled top plate, the tie must now extend at least 6 inches beyond each side of the opening. The length of the nails used in the tie has been reduced to 1.5 inches sirddarto joist hanger nails. R6023.1 Single member headers. Table 602.7.1: Spans for Minimum No.2 Grade Single Header, Includes prescriptive provisions for single member headers under limited conditions. R602.10.1 Braced wall lines, R602.10.2 BraEed wall panels, R602.10.3 Required length of bracing, R602.10.4 Construction methods and Table R602.10.3(1) Bracing Requirements Based on Wind Speed. These sections have been restructured and new definitions have been added for clarity. The requirements for wind speeds less than or equal to 90 mph shall be used in Minnesota. 2 R$02.10.S and Table R60210.S Minimum length of a braced wall panel. This section consolidates the alternate braced wall panel methods or intermittent and continuously sheathed braced wall lines together. Figure R602.10.6.3 Method PEG. New figure for portal frame at garage openings. Table R602.10.6A Tension Strap Capacity Required. Now in table form and shows the capacity required for EJO mph wind load in Minnesota. R602.12 Simplified wall bracing. New section that offers an alternative method to brace wall lines for detached dwellings and townhomes only when all 8 conditions are met. Note that it is limited to two stories with no cripple walls and maximum 10 feet tall walls. R611 Exterior concrete wall construction. Section has been completely revised to reflect the provisions of the new referenced Portland Cement Association standard KA 10,I), Conventionally formed above ground concrete wall provisions have been integrated with the Insulated Concrete Form (ICF) wall requirements, R703.1.2 Wind Resistance. Added requirement for testing and analysis of wind pressure of all cladding systems. R703.2 Water resistive barrier (general) Requires a rilinfinuffl overlap of 2 inches horizontally and 5 inches vertically. Also requires the material to be continuous up to the underskle of the rafter/truss top chord. R703.5.3 Water Resistive Barrier (exterior plaster). Individual layers shall be installed independently such that each layer provides a separate drainage plane. R703.8 Flashing. Requires flashing at ten specific locations, along with requiring self-adhered memb.rariesto comply with AAMA 711, R703.9 Exterior Insulation and Finish System {EIFS). Revised to acid new requirements and add new ASTM standards for EIFS and EIFS with drainage. R703,10.1 Panel Siding. Added new ASTM requirements foc fiber cement siding. R703.10.2 Lap Siding. Fiber cement siding with a maximum width of 12 inches shall comply with ASTM requirements. R703.121 Adhered masonry veneer installation clearances. This section has been addedto describe clearances of adhered masonry veneer above earth, paved areas, and exterior walking surfaces: • Minimum 4 inches above earth • Minimum 2 inches above paved areas • Minimum inch above exterior walking surfaces R703.12.2 Flashing at foundation (adhered masonry veneer) A corrosion resistant screed or flashing with a minimum vertical attachment flange of 3 Yz inches shall be installed 1 inch below the foundation plate line on exterior stud walls. R802.1.2 End-jointed lumber, Requires end-jointed lumber used in an assembly required elsewhere in the code to have a fire-resistive rating to have designation of "Heat-Resistant Adhesive" or 'HRA" included in its grade mark. R802.1.6 Structural composite lumber. Added requirement for structural composite lumber to be established and monitored to ASTM D 5456, R802.6 Bearing. Added requirement for ends of rafter or ceiling joist to bear on masonry or concrete directly ) or have a sill plate of 2 inch minimum nominal thickness under the rafter or ceiling joist. The sill plate shall provide a minimum nominal bearing area of 48 square inches. R802.7.1 Sawn Lumber. Restructured requirements for cuts, notches and holes on structural roof members to reference R5018.1 and clarified cantilever portions of rafter notch and ceiling joist taper cut. R202.10.2.1 Applicability limits (of wood trusses). Applicability limits of wood trusses were changed slightly from previous code. R802.10.3 Bracing (of wood trusses). Reworded slightly to reference accepted industry practice such as BOSI installation guide for wood trusses. R802.11.1 Roof tie-down uplift resistance. Section changed roof tie down language and expanded Table R802.11: Rafter and Truss Uplift Connection Forces from Wind for different exposures. R806.2 Minimum vent area (of roof). Section format changeclto allow ventilation area of 1/300 of vented space for northern climates according to Exceptions 1 and 2. R806.4 Installation and weather protection. Requires ventilators to be installed in accorclace with manufacturer's installation instructions. R806.5 Linvented attic and unventeci enclosed rafter assemblies, Added conditions that must be met to allow wwented areas, depending on the air permeability of the insulation directly under the roof sheathing. R903.2.1 Locations. kick-out flashing). Added requirement for kick-out flashirg a minimum of 2 inches long, minimum 25 gauge when constructed of metal Required when simultaneously re-siding & re-roofing. Not required when only re-roofing. R905.28.3 Sidewall flashing. Flashing required to be minimum 4 inches high and 4 inches wide. Base flashing against a vertical side wall may he continuous or step flashing. R905.2.8.5 Drip edge. REMOVED BY STATE AMENDMENT so no drip edge is required. Shingle or underlayrnent manufacturer may require drip edge per installation instructions, R907,3: Recovering versus replacement (of roofing), Section was removed that prohibited a second layer of roof covering. Roofs may have a second layer installed over existing layer but it must be confirmed that the- manufacturer allows this. R907.3 Recovering versus replacement (exception 4 for ice barrier membrane). Allows existing adhered ice barrier membrane to remain and then covered with anew layer of adhered ice barrier membrane. The following information contains simplified expkmutions of significant changes to the 2015 Minnesotci Residential Energy code (2012 International Energy Conservation Code, Residential Provisions, adopted with Minnesota Amendments, MR 1322). R103 Construction Documents. Include the following A.Insulation materials and Rvalues B.Fenestration Li factors and SHGOS C.Area-weighted Li factor and SHGC calculations D.Mechanical system design criteria E.Mechanical and service water heatingystem and equipment types, sizes and efficiencies. F.Equipment and system control C. Fan motor horsepower and controls H.Duct sealing, arcl the location and insulation of ducts and pipes I.Lighting fixture schedule with wattage and control narrative J. Air sealing details R202 Building thermal envelope (definition). The basement walls, exterior walls, floor, roof and any other building elements that enclose conditioned space or provides a boundary between conditioned space and exempt or unconditioned space. R202 High-efficacy lamps (definition). Lamps with a minimum efficacy of: 1.65-0 lumens per watt for lamps over 40 watts; 2.50 lumens per watt for lamps over 15 watts to 40 watts; 3. 40 lumens per watt for lamps 15 watts or less. R302,1 Interior design conditions. The interior design temperatures used for heating and cooling load calculations shall be a maximum of 72'F for heating ard minimum of 75F for cooling. R303,1 Building thermal envelope insulation. The insulation installer shall provide a certification listing the type, manufacturer and R-value of insulation installed, including sprayed polyurethane foam (SPF) insulation. The insulation installer shall sign, date and post the certification in a conspicuous location on the job site. P401.3 Certificate. Include the following on or in the electrical distribution panel: A.Date the certificate is installed B.Dwelling address C.Res[dential contractor name and contractor license number D.Homeowner name, if acting as the general contractor E.Predominant irstalled R-values and location F.Type of insçation installed in or on ceiling/roof, WSiiS, rim/band foist, foundation, stab, basement wall, crawl space wall or floor, and ducts outside conditioned spaces C, U-factors for fenestration and the solar heat gain coefficient (SHGC.) Of fenestration H.Results of any required duct system and budding envelope air leakage testing I.Types, input ratings, manufacturers, model numbers and efficiencies of heating, cooling and service water heating equipment J.Structure's calculated heat loss, cooling load and heat gain K.Mechanical ventilation type, location and rapacity L.Buildings designated continuous and total ventilation rates M.Type, size and location of any make-up air system N. Location or future location of radon fan Table R402.1.1 insulation and Fenestration Requirements by Component Insulation and fenestration requicementsfor Climate Zone 6 (Southern Zone): Window maximum Li factor: 0.32 Wood frame wall insulation: R-20 Attic ceiling minimum R vai.ue: R-49 Basement wall insulation: R-15 Floor insulation: R30 Crawl space insulation: R-15 Slab insulation ion foundation wall): R-10 Rim joist insulation: R-20 Table R402.I.1 Insulation and Fenestration Requirements by component. Insulation and fenestration reqLlicements for Climate Zone 7 (Northern Zone): Window maximum U factor: 0:32 Wood frame wall insulation: R-21 Attic ceiling minimum R value: R-49 Basement wall insulation: R-15 Floor insulation: R-38 Crawl space insulation: R-15 Slab insulation (on foundation wall): R40 Rim joist insulation: R-21 P4021.1 Insulation, waterproofing and fenestration. Concrete and block foundation walls shall be waterproofed accordmgto the following when required by Section R406.2 of the MN Residential Code, MR 1309: 1.Waterproofing shall extend from the top interior wall edge, across the to of the wall, and down the exterior wall face to the top of the footing. 2.If walls are exposed to the exterior environment, the waterproofing system shall have a rigid, opaque, and weather-resistant protective covering that shall extend a minimum of 5 inches below grade. P402.1.1.1 through R402.1.1.8. Specific requirements for basement wall insulation similar to the current residential energy code. R402.4.1.2 Building thermal envelope testing. The building or dwelling unit shad be tested and verified as having an air leakage rate of not exceeding 3 air changes per hour. Testing shall be conducted with a blower door at a pressure of 50 Pasrals (0,2 frches w.g.) A written report of the results of the test shall be signed by the party conducting the test and provided to the code official. Testing shall be performed at anytime after creation of all penetrations of the building thermal envelope. Results to be included: in posted building certificate. P402.4.1.1 Installation. The components of the building thermal envelope shall be installed according to Table P402.4.1.1 Air Barrier and Insulation Installation, P40:3,1.1 Programmable thermostat. Where the primary heating system is a forced-air furnace, a programmable thermostat is required. P403.21 Duct sealing. Ducts, a.ir handlers, and filter boxes shall be sealed. Joints and seams shad comply with Section 503.9 of the lMc:. Exception: Airimpermeable spray foam products shall he permitted to be applied without additional joint seals,. IMC 603.9 Duct sealing. All taints, longitudinal and transverse seams and in ductwork shall be Securely fastened and sealed with welds, gaskets, mastics (adhesives), mastic-plus-embedded-fabric systems, liquid sealants or tapes. Closure systems used to seal flexible air ducts and flexible air connectors shall comply with UL 1S1B and shall be marked "131B-FX for pressure-sensitive tape or "lSIB-M" for mastic. Closure systems used to seal metal ductwork shall be installed in accordance with the manufacturers installation instructions. Mechanical fasteners for use with flexible nonmetallic air ducts shall comply with UL131B and shall be marked 18113-C." Pressure-sensitive tape shall not be used as the primary sealant on ducts, unless it has been certified to comply with lii 1 8 1A or UL 1813 by a nationally recognized testing lab-oratory. Unlisted duct tape is not permitted as a sealant on any duct. R403,21 {i} Duct tightness postconstruction test. Total leakage shall be less than or equal to 4 cfm per 100 square feet of conclitirried floor area when tested at a pressure differential of 25 Pascals (0.1 inches w:g.) across the entire system, including the air handler enclosure. All register boots shall be taped or sealed, Results to be included in posted building certificate. p403,2.2 {#2) Duct tightness rough-in test. Total leakage shall be less than or equal to 4 cfm per 100 square feet of conditioned floor area when tested at a pressure differential of 25 Pascals (0.1 inches w.g.) across the entire system, including the air handier enclosure. All register hoots shall be taped or sealed, If the air handler is not irstalled at the time of test, total leakage shah be less than or equal to 3 cfm per 100 square feet of conditioned floor area. Results to be included in posted building certificate. R403,2.2 Exception to duct tightness tests. The total leakage test is not required for ducts and air handlers located entirely within the building thermal envelope. F403.12.1 Sealed air handler. Air handlers shall have a manufactures designation for an air leakage rate of not more than 2 percent of the design air flow rate. R40.3.23 Buildirigeavities. Building, framlng cavities si -tall not be used as ducts or plenums. R403.3 Mechanical system piping insulation. Hydronic system piping fluid abc.ve 1D5F or below 55°F shall be insulated to a minimum of R-3, R40:3.4.2 Hot water pipe insulation. Hot water pipe shall be insulated to a minimum of 3-3 inmost applications. MIS Mechanical ventilation. The building shall be provided with a balanced mechanical ventilation system that is +/-10% of the systems design capacity and meets the requirements of .R403.5.5 which establishes the continuous and total ventilation requirements for dwelling unit ventilation. R403.5.6.1.3 Airflow verification, All mechanical ventilation system airflows greater than 30 cfm at the building intake and exhaust shall be tested and verified. R40:3.5.17 Climatic conditions. HVAC equipment shall be sized according to .ACCA Manual S Gran equivalent method based on ACOA Manual J. •Oversizing of heatin g equipment shall not exceed 40% and oversizing of cooling equipment shall not exceed 15%. R404.1 Lighting equipment. A minimum c;475% of the lamps or lighting fixtureashall be high-efficacy (see 3202 definition). City Council Agenda Item No. 9a COUNC]I]L ITEM MEMORANDUM DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development .1 SUBJECT: Resolution Regarding the Disposition of Planning Application No. 2016-003 Submitted by Senior Housing Partners Requesting Site and Building Plan Approval of a 34-Unit Senior Independent Living Apartment Facility on the Maranatha Senior Living Campus (located at 5401 - 69th Avenue North) Recommendation: Recommended the City Council adopts the resolution regarding the disposition of Planning Application No. 2016-003 submitted by Senior Housing Partners requesting Site and Building Plan approval of a 34-Unit Senior Independent Living Apartment Facility on the Maranatha Senior Living Campus, located at 5401 - 69th1 Avenue North. Background: The subject property was redeveloped in 2012 under a new planned unit development (PUD) by Senior Housing Partners ("SHP"), a division of Presbyterian Homes and Services, owners of the Maranatha Senior Living Community. The 2012 PUD allowed for the removal of the old 97 bed single-story nursing home facility, which was replaced with a new 3-story, 97-bed skilled nursing care facility on the west edge of the property. The section of land that contained the former nursing home was cleared and held for Phase II of this PUD project. The nursing care facility officially opened in 2014. The original Maranatha PUD called for a 2.5 story, 38-unit apartment facility. However, due to certain site conditions, SHP presented for consideration an updated Site and Building Plan of a 3- story, 34-unit, 55,642 (gross) sq. ft. senior apartment facility. The first floor will be used for indoor (under-building) parking; with the upper two floors reserved for senior living quarters. On May 26, 2016 the Planning Commission reviewed Planning Application No. 2016-003, along with a Planning Report and full site plan set, which included details such as building layout, architectural, grading, utilities, and parking (all attached). Full consideration was given under a duly noticed public hearing. Comments and concerns were received from two adjacent neighbors of the project site. These comments were noted for the record and may be reviewed in excerpt minutes from the May 26, 2016 meeting (attached). Comments from the residents focused on parkin issues, particularly of adding employee spaces in the northwest corner; vehicle traffic along 69'.1 Avenue; parking in fire lanes and drive-aisles; and request for additional screening measures along 69thi Avenue right-of-way. The Commission Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesances (lie quality of life for £11/people and preserves the public (must EI]JJ[IJ I N U U ak"A I I ak'A 0) 1I flhJ!A I engaged in prolonged discussion of these issues with city staff and the owner, and framed the following two conditions (amended to the PC resolution): 1)The Developer shall install the 14 additional parking spaces along the northwest corner and curved fire lane of the subject site. 2)The Developer shall provide additional landscaping for screening purposes along 69th1 Avenue right-of-way, provided it does not impact or impair any vehicle sight lines, or dedicated drainage areas and features. Staff previously noted in the planning report the concerns of vehicles parking in the fire/drive aisles and addressed that issue accordingly in the conditions of approval. Staff and the Owners also support providing additional landscaping along 69 "' for screening purposes. After the May 26th meeting, city staff was preparing a follow-up council memo report with the PC resolution and recommendations for the June 13, 2016 meeting. The Council report contained a statement of staff's continued concerns in allowing the 14 parking spaces in the northwest corner, as we felt this area is not ideal for parking due to the tight radius curve and lack of sight-lines. A decision was made to pull this item from the June 13th agenda, and send it back to the Planning Commission for further study and reconsideration of this condition. At the June 16, 2016 Planning Commission meeting, planning staff prepared and presented a follow-up memo containing a revised Site Plan layout, and information regarding the 2012 Maranatha PUD approval and conditions, which also addressed the 14 "proof-of-parking" issues in this northwest corner area (see attached 06/16/16 PC Memo). When discussion ended, a motion was made by the Commission to delete this condition related to the 14 stalls, but was defeated on a 2 to 4 vote. Therefore, the original adopted Planning Commission Resolution No. 2016-003 (from 05/26/2016 meeting) is hereby presented for Council consideration, with the two aforementioned conditions intact. These comments were also noted and may be reviewed in the excerpts minutes from the June 16, 2016 meeting (attached). Please note that should the City Council elect to accept the recommendation from the Planning Commission on these 14 spaces, City Staff does not consider this to be cause for additional study or analysis; a delay or denial of the application; or poses a major threat to the overall safety, use and enjoyment of this Maranatha Campus. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment JiIissio,,: Eizsiiiiizg an attractive, clean, safe, inclusive community that enhances the quality of life frn all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2016-003 SUBMITTED BY SENIOR HOUSING PARTNERS REQUESTING SITE AND BUILDING PLAN APPROVAL OF A 34-UNIT SENIOR INDEPENDENT LIVING APARTMENT FACILITY ON THE MARANATHA SENIOR LIVING COMMUNITY CAMPUS, LOCATED AT 5401 - 69TH AVENUE NORTH WHEREAS, on June 25, 2012, the City Council for the City of Brooklyn Center adopted City Ordinance No. 2012-03, which approved the rezoning of the property located at 5401 and 5415 - 69th Avenue North ("Subject Property") from R-1 One Family Residence and R-6 Multiple-Family Residence to the current PUD-MIXED R-5/R-6 Planned Unit Development- Mixed Multiple Family Residence district; and WHEREAS, on June 25, 2012, the City Council also adopted City Resolution No. 2012-90, which approved the final PUD Master Plan and Site and Building Plan on the Subject Property of a new three-story, 97 bed skilled nursing care facility (Phase I), along with a proposed and future 38-unit senior independent living apartment facility (Phase II); and WHEREAS, Planning Commission Application No. 2016-003 was submitted by Senior Housing Partners, a division of Presbyterian Homes and Services (as "Applicant" and "Owners") of the Maranatha Senior Living Community campus, requesting consideration of Site and Building Plan of a new 34-unit, senior independent living apartment facility on the Subject Property; and WHEREAS, this 34-unit, senior independent living facility comprehended under this Application completes the Phase II of the Maranatha Homes Planned Unit Development (PUD) Master Development and Site Plan of 2012, approved by the City Council under City Resolution No. 2012-90, adopted June 25, 2012; and WHEREAS, on May 26, 2016, the Planning Commission held a duly noticed and called public hearing in this matter, and reviewed and received a planning report and city engineer's report on the proposed new Site and Building Plan for the proposed 34-unit, senior independent living apartment facility; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission did consider this Site and Building Plan an appropriate and reasonable development of the subject property; and RESOLUTION NO. WHEREAS, the Planning Commission of the City of Brooklyn Center did hereby recommend to the City Council that the Site and Building Plan of the proposed 34-unit, senior independent living apartment facility for the property located at 5401 69th Avenue North, as comprehended under Planning Application No. 2016-003, may be approved based on the following considerations: A.The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance and the Maranatha Homes Planned Unit Development (PUD) of 2012; B.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; C.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; D.The Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and B. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. WHEREAS, upon acceptance of all public comments and discussion of this item, the Planning Commission amended and adopted Planning Commission Resolution No. 2016-05 which provides a favorable and unanimous recommendation to the City Council that this Site and Building Plan for the 34-unit senior independent living apartment facility, as comprehended under Planning Application No. 2016-003 and for the Subject Property, may be approved with certain conditions; and WHEREAS, contained within this adopted PC Resolution No. 2016-05 was a condition regarding the installation of 14 additional parking spaces along the northwest corner and curved fire lane of the Subject Property, and prior to the submittal of this application to the City Council for follow-up consideration, city staff and Applicant's traffic engineering consultants deemed the location of these 14 spaces to be a potential vehicle and driveway safety issue, and recommended these spaces be removed from the site plan; and WHEREAS, on June 16, 2016, the Planning Commission met to reconsider the condition formulated under the adopted PC Resolution No. 2016-05 regarding these 14 additional RESOLUTION NO. parking spaces along the northwest corner of the subject site, and whereupon conclusion of the discussion on this item, the Planning Commission reaffirmed this and all other conditions formulated under the original resolution, and directed that Planning Commission Resolution No. 2016-05 be forwarded to the City Council as originally adopted: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Site and Building Plan for the 34-unit senior independent living apartment facility, as comprehended under Planning Application No. 2016-003, and for the Subject Property, is hereby approved, subject to the following conditions: 1)The Owners agree to comply with all conditions or provisions noted in the City Engineer's Review memos, dated May 18, 2016. 2)The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3)The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 4)The location and placement of all fire safety features, including any additional hydrants, fire lane gates, and other fire related building code items shall be reviewed and approved by the Building Official and Fire Chief. 5)The Owners shall paint, stripe or mark (with an approved paint) the curbed sections of all fire lanes and drive aisles to restrict employee and visitor parking and post signs indicating "No Parking-Fire Lane" or similar along these areas. 6)Any outdoor trash enclosure must be constructed of materials that match the principal building; and the final design and location of any enclosure shall be approved by the city planners and city engineers. 7)Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 8)Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 9) The Owners shall submit a site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates RESOLUTION NO. shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 10)An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 11)Plan approval is exclusive of all signs on this site, including any new freestanding, wall (building) signs and directional signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. 12)All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 13)Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and Owners shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 14) The Owners shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 15) Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 16)The Owners shall install the 14 additional parking spaces along the northwest corner and curved fire lane of the Subject Property. 17)The Owners shall provide additional landscaping for screening purposes along 69" Avenue right-of-way, provided it does not impact or impair any vehicle sight lines, or dedicated drainage areas and features. June 13, 2016 Date Mayor ATTEST: City Clerk RESOLUTION NO. 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. X0 "OKLJ 'N VTER Planning Commission Report Meeting Date: May 26, 2016 Application No. 2016-003 Applicant: Senior Housing Partners Location: 5401 - 691hi Avenue North (Maranatha Senior Living Campus) Request: Site & Building Plan Phase II - Senior Independent Living Apts. •PApplication Filed: 03/28/16 I• Application Deemed Complete: 04/07/16 • Review Period (60-day) Deadline: 05/27/16 • Extended Review Period Deadline: 07/26/16 INTRODUCTION Senior Housing Partners ("SHP"), a division of Presbyterian Homes and Services and owners of the Maranatha Senior Living Community campus, is requesting consideration of Site and Building Plan of a proposed 34-unit, senior independent living apartment facility, for the property located at 5401 - 69th Avenue North. This is considered the Phase II of the previously approved Maranatha Homes Planned Unit Development of 2012. Although City Code does not require an official public hearing on site and building plan applications, per the direction of the City Council, the city has elected to consider this matter and application under an official and duly noticed public hearing process. Comments from the general public should be allowed and noted for the record. Written notices have been mailed to property owners within 350-feet of the site. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan.' ME- Mixed Enhanced Current Zoning: PUD-MIXED R-5/R-6 (Planned Unit Dev./Multiple Family Residence) Surrounding Zoning: North: R-3 Multiple Family Residence & R-1 One Family Residence East: R-1 One Family Residence South: R-1 One Family Residence West: (City of Brooklyn Park - Multi-Family Residence). Site Area: 7.06 acres Setback Standards: Under R5 and R6 zoning district, new residential buildings must comply with the following standards: Land Area Width Front Rear Side Corner District (SF/Unit) (1)(Feet)(2)(5) (6)(3) (5)(2) R5 (See Sec. 35-410)2,700/unit 100 35(4)40(4)15(4)25(4) R6 (See Sec. 35-410)2,200/unit 100 50(4)40(4)20(4)50(4) 4. When a building of 2-1/2 stories or more in an R5, R6, R7, CIA or C2 zone abuts an RI or R2 zone, the setback of this building from the RI or R2 property shall be no less than twice the height of the building. App. No. 2016-003 PC 05/26/2016 Page 1 Conformity to: Land Use Plan: Yes Zoning Ord.: Yes Subdivision Ord.: Yes Sign Ord.: Unknown/Not under consideration at this time Variance Needed for Request: No BACKGROUND The subject property was redeveloped in 2012 under a newly established planned unit development (PUD) which allowed for the removal and development of the old, three-winged single story nursing home facility, and replaced with the new three-story, 97-bed skilled nursing care facility and related parking areas. This new nursing care facility was constructed on the far west edge of the properties, and a land that held the old nursing home was cleared and held for the Phase II of this PUD project, which consists of this new 34 unit senior apartment complex. The Maranatha PUD originally called for a 38-unit apartment facility, but Senior Housing Partners elected to proceed with 4 lesser units to accommodate larger units for future residents. At the time of the 2012 PUD approval, SHP indicated to the Planning Commission and City Council they intend to complete the proposed Phase II within 3-5 years of approval. The nursing care facility officially opened in 2014. SITE & BUILDING IMPROVEMENTS The 2016 submitted site plan is very similar to the plans submitted by SHP with the Maranatha PUD in 2012. The 2012 master plan indicated a chevron or angled shape building connected to the new nursing care facility, and noted as: "Future 2-1/2 story, 38-unit independent facility w/ 60 underground parking stalls" (see illustration below). FUTU2112STO 38 UNITF .. \\ I 1 DEPENDENT T G FACILITY W1 NEW 97 BED -- SKILLED I,PARKING STALLSNURSING FACILITY- TCU PROPOSED - FiRE App. No. 2016-003 PC 05/26/2016 Page 2 The new 2016 Plan illustrates a comparable layout, but is now reduced from 38 units to 34 units; is increased from 2.5 stories to full 3 stories; and provides 39 parking spaces underneath as opposed to the 60 spaces identified in the original 2012 Plan. To make up for this deficit, the developer is proposing to add 32 surface parking spaces along the east side of the new apartment building. Parking related issues (for this new development and the site in general) will be addressed later in this report. The 3-story structure will contain parking on the bottom (first) level and the upper two levels for living spaces. L ______/ •'\ PROPOSED I \3-STORY/34-UNIT PARKING I INDEPENDENT LIVING STALLS L__: \ WITH 39 PARKING - \ STALLS IN GARAGE I EXISTING L Ii NEW 97 BED SKILLED NURSING - FACILITY- TCU I - LTC/MC / EXISTINGLPOND nmTr 1-1 +f°++71-7 fr 1-1 1 This change form 2 -'/2 to 3-stories was due to the higher than expected water table in this area. This high water table issue was discovered in planning the 2012 improvements, which necessitated SHP's plans to re-design and remove a small basement level under the new nursing care facility. SHP's engineers initially thought the new 2-1/2 story building would be fine at this proposed location; however, follow-up tests of this area revealed a higher than expected ground water, which necessitated pushing the building to a full 3 story height instead of a partial or below grade parking level. The height of the "future 38-unit building" in the 2012 Master Plan was never noted or officially acknowledged, but it was determined the likely height of a 2.5 story building would be approximately 35-40 feet based on this projected story height. The proposed 3-story building under this Site Plan consideration is measured with an overall height of 48 feet; and a mean height of approximately 40 feet. The R-5 Zone allows for 2-1/2 to 3-story buildings; while the R-6 allows 4 to 5 stories in height. Maximum building heights or measurements are not indicated in the City's Zoning Code Section 35-400, Minimum District Requirements, but the following setback standard is noted for certain App. No. 2016-003 PC 05/26/2016 Page 3 multi-family residential districts: 4. When a building of 2-112 stories or more in an R5, R6, R7, CIA or C2 zone abuts an RI or R2 zone, the setback of this building from the RI or R2 property shall be no less than twice the height of the building. •-:'- -;IiIIiI!! !!iflhiMIIIIi!IJ !i" !i!I _i• -- II _J I As part of the new PUD approvals in 2012, the City created and approved a new "MF-Mixed Family-Enhanced" land use category, which provided the basis of creating a new planned unit development zoning on the site, with a mix of R-5 and R-6 Multiple Family Residence as the underlying zoning district. The new land use and PUD zoning allowed the developer to site the building with certain and approved setbacks, and allow for reduced parking spaces that were determined not necessarily needed in a senior housing complex. The 2012 plan indicated a setback from the adjacent R-1 District to the east of 100-feet. This enhanced setback was encouraged at that time in order to provide adequate buffer space and allow for sun-light to the neighboring single family uses. Under this current plan, the setback remains at 100-feet, which still meets the underlying R-5 and R-6 Zone standards, and the approved 2012 Planned Unit Development Agreements. Staff does not believe the increase of this facility from 2.5 story to 3 story, or the reduction from 38 to 34 units is cause for PUD Amendment or major revision to the PUD Agreement between the City and SHP/Presb. Homes. There are no expected major changes with the ponding or drainage basins throughout the campus site. + Architectural The original PUD was approved with an overall architectural and elevation plan as part of those approvals. All buildings were required to incorporate 4-sided architecture in their designs, meaning all four elevations must provide a nice, consistent use of material on all four sides of the buildings, including rear elevations. Most of these architectural materials are consistent with the previously approved building materials the City called for under the original Maranatha PUD Agreements. This new senior apartment building will include similar cement lap-board and shingle-style siding; rock face CMU blocks; white vinyl windows; color coordinated asphalt shingles, and App. No. 2016-003 PC 05/26/2016 Page 4 composite columns for the outer balconies. All residential units will have a separate balcony affixed to each unit. The new apartments will range from smaller 1 bedroom units of 687 to 798 sf. in size, to the larger 2 bedroom units ranging in various 927 to 1,190 sf. in size. An elevator will also be provided for the residents. Access & Parking In 1987, the City approved Maranatha's plans to construct the 64-unit senior apartment (now assisted living) facility. Although this facility required 130 parking spaces; the site was approved for 95 spaces, with 35 proof-of-parking spaces to be reserved if needed. Prior to the removal of the old nursing home and construction of the new facility in 2014, the entire Maranatha site consisted of 110 parking spaces. City Zoning Code Section 35-704 MINIMUM PARKING SPACES REQUIRED, the following standards are required for these uses: 1. Residence a.Two spaces per dwelling unit 4. Miscellaneous b.Rest homes, nursing homes, sanitariums, and homes for the aged and for children: One space for every four beds plus one space for every two employees and one space for each staff doctor. Under the 2012 Planning Report, and giving consideration to these current parking standards, staff noted the existing assisted living facility, new nursing care facility and future 38-unit apartment would have required 261 spaces to meet the parking needs for these combined uses. The original Maranatha Master Plan illustrated 104 spaces, with up to 87 "proof-of-parking" spaces situated along the northwesterly, easterly and southeasterly areas of the fire lane (refer to images below): iF 0 ASSISTED LOING TO REMAIN FAI As part of the 2012 PUD consideration, Maranatha submitted a Traffic and Parking Study by Westwood Engineering, which included findings and conclusions that included the following: App. No. 2016-003 PC 05/26/2016 Ps 1)The trip generations (vehicle movements in and out) of the site under Phase I will not change; and the trips under Phase II should be minimal, 2)Based on the turning traffic off 69 th Avenue, these numbers are not warranted and therefore turn lanes are not recommended; 3,)For assisted living facilities, ITE suggests a 0.41 space/unit standard; for skilled nursing care facilities a 0.35 space/nursing bed standard; and for independent living facilities a 0.59 space/unit standard. Based on these reduced standards, the existing assisted living and nursing care under Phase I would only require 61 spaces (versus 185 by City Code). With Phase II, the total number equates to 83 spaces (versus 261 by Code). 4,)The study also included a table which provided a "typical daily demand" of on-site parking, which was determined to be a low of 5 spaces to a high of 80-90 spaces used. 5,) The study suggests the City consider utilizing a compromised standard, between the City Code, ITE and Peak Demand thresholds, and further recommended that "Rest Homes, Nursing Homes... "standard of] per 4 beds and 1 per employee be used for the nursing care and assisted living, which equates to 73 needed spaces for just these two uses. The independent living under Phase II would be held to 21unit, or 76 spaces, for a total of 149 spaces. Assuming the new Phase II independent living building can contain 38 underground spaces, this would require at least 111 outside parking stalls, or 7 short of what is planned or illustrated on the new Development Plan. When the 2012 Maranatha PUD and Site/Development Plans were given final consideration, Staff recommended the developer add the 14 proof spaces and 16 proof spaces as shown in the diagram in the upper left, which would have provided 134 parking spaces for the overall site. The City Council elected to exclude the 14 spaces proposed along the curve of the fire lane, and recommended just the 16 spaces on the far east edge. This left the senior housing site with a total of 120 parking spaces, which is how the site lays out today. The proposed senior apartment plan indicates 39 under-building spaces, which is 21 less than the original 60 spaces proposed under the 2012 Plan. To make up for this loss, the Developer is proposing to install an additional 32 surface parking spaces along the east side of the new apartment building, which will bring 71 new spaces available to the site, or 191 total spaces. App. No. 2016-003 PC 05/26/2016 1; \ L - //\/ Lfr//\//2 PROPOSED \3-STORY/34-UNIT -PAR K] N - INDEPENDENT LIVIN _TALLS WITH 39 PARKING: \ STALLS IN GARAGE -- EXISTING EXISTING •23 PARKING NEW 97 BEDSTALLSSKILLED NURSING - FACILITY- TCU/- - LTC/MC EXISTING POND IJ H 71- 17II TH +lILlilIIJ// L. -EXISTING FIRE LANE - 14 ---_-----------------S Staff is aware of some on-site parking issues that have arisen since the new nursing care facility opened in 2014, particularly during the days when staff shift changes overlap, which creates some illegal parking by staff or visitors in the drive-aisles and fire lane. To the best of Staff's knowledge, there have been no complaints of vehicles parking on 69thi Avenue or nearby residential roads. As part of the original Westwood Engineering traffic study, and Maranatha representatives testifying that residents of the new 34 unit apartments are less likely to own or operate a vehicle, the 71 additional parking should be adequate to serve the overall function of the campus, and provide additional parking spaces during the peak shift change periods, or when higher than normal customers visit the site, such as holidays or special events sponsored by Maranatha. Staff has made it very clear to Senior Housing Partners that the over-parking and illegal parking of vehicles in the fire lanes must be managed accordingly. Continued violations may result in the Police and/or Fire Chief to issue citations if the problems persist. The southern point of the new parking area that ties into the fire lane road will need to be blocked for vehicles, but have approved break-away gates or bollards (per Fire Chief approval) that currently exist on the site. Staff is also requesting the curbed areas for the drive aisles/fire lanes be painted/marked with bright red or yellow paint to discourage and prevent parking in these driveway areas, with signs indicating "No Parking-Fire Lane" or similar along these areas. The subject site is accessed from 69th Avenue North by means of two separate driveways, one of which was slightly relocated and both iniproved when the new nursing care facility was developed. There are no plans to modify or increase access points under this plan. App. No. 2016-003 PC 05/26/2016 ,• Grading/Drainage/Utilities The Applicant has provided full grading, drainage, utility and erosion control plans which have been reviewed by the City Engineers. Comments and recommendations regarding these plans are attached for the Commission's review. Sanitary sewer and water main service lines were stubbed in at the time of the Phase I construction period. 136-12 curb and gutter is to be provided around all new driving and parking areas. The plans call for minimal grading in this area to construct this building; and the areas around the nearby pond will be protected and restored upon completion of this project. This ponding area will also be protected by a new concrete block retaining wall system. + Landscaping The Applicant has submitted a new landscape plan that relates to this new senior apartment plan. Plans call for six (6) new shade trees along the east side of the apartment, with either White Oak, Elm, Linden or Maple variety. Plans also call for 10 deciduous understory trees, consider of Japanese lilacs, river birch, serviceberry, crabapples, and hawthorn trees. The site is also finished off with over 108 ornamental shrubs and bushes, including dogwoods, spirea, honeysuckles, junipers and yews, spread out along the outer perimeter of the building. All trees and landscaped areas will be irrigated. The new plan also calls for a new retaining wall along the south and west sides of the building, to protect the slopes and impacts to the nearby drainage pond, which will not be affected under this new building plan. 4. Lighting/Trash The site plans also contained a photometric and light plan. All new lighting should meet or exceed those requirements established under Section 35-712 of the City Code, which specifically require that all exterior lighting be provided with lenses, reflectors or down-cast shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than 3 foot candles measured at property lines abutting residentially zoned property. All new (final) lighting will be analyzed and reviewed prior to issuance of any building permits. These plans call for five new pole lights along the west edge of the new parking area, with LED, cut-off style lamp heads. The southerly area of the fire lane roadway will also have 5 new pole lights with similar LED, cut-off style lamps to light this area. Additional (minimal) lighting is also being provided near the garage entrance into the building. The photometric plan illustrates the illumination and expected (calculated) cast-off of light glare on to the adjacent properties, which appear to be minimal and meets City Code. Plans are absent of any new dedicated trash enclosure. Staff assumes that the trash will either be inside the garage space or provided for in an approved, fully enclosed structure per City Code. The City will not allow any outdoor trash enclosure in the new parking area or fire lane adjacent to the single family neighborhood. If placed near the garage door entrance (first level parking garage), the Owners must demonstrate this to be a safe and effective area for refuse truck loading and vehicle access. Any enclosure must be constructed of materials that match the principal App. No. 2016-003 PC 05/26/2016 Page 8 building; and the final design and placement of any enclosure shall be made by the City Planners and City Engineers. CITY ENGINEER REVIEW The City Engineer has provided a review and comments regarding this Site and Building Plan in the May 18, 2016 memorandum, which is included as part of this report. Please note that some of these conditions may be applicable at time of future building permit review and approvals. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2016-05, which provides a favorable recommendation to the City Council to approve Planning Application No. 2016-003, and which comprehends the approval of the updated Final Development/Site and Building Plan of the subject site, which is an integral part of the 2012 Maranatha Homes Planned Unit Development, subject to the following conditions: 1)The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memos, dated May 18, 2016. 2)The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3)The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 4)The location and placement of all fire safety features, including any additional hydrants, fire lane gates, and other fire related building code items shall be reviewed and approved by the Building Official and Fire Chief. 5)The Applicant shall paint, stripe or mark (with an approved paint) the curbed sections of all fire lanes and drive aisles to restrict employee and visitor parking and post signs indicating "No Parking-Fire Lane" or similar along these areas. 6)Any outdoor trash enclosure must be constructed of materials that match the principal building; and the final design and location of any enclosure shall be approved by the city planners and city engineers. 7)Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 8)Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 9) The Developer shall submit a site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall App. No. 2016-003 PC 05/26/2016 Pr 0 be submitted prior to the issuance of permits to assure the completion of all site improvements. 10)An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 11)Plan approval is exclusive of all signs on this site, including any new freestanding, wall (building) signs and directional signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. 12)All work performed and materials used for construction of utilities shall conform to the City of Brooldyn Center current Standard Specifications and Details. 13)Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 14)The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 15)Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. Attachments • Planning Commission Resolution No. 20 16-05 • City Engineer's Review Memo - dated 05/18/2016 • Site and Building Plans App. No. 2016-003 PC 05/26/2016 D ifl MEMORANDUM DATE: May 18, 2016 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works - Maranatha Phase II Public Works staff reviewed the following documents submitted for site plan review on March 25, 2016, for the proposed Maranatha Phase II: Civil Site Plans - Dated 3/25/2016 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: Demolition and Erosion Control Plan 1.No comment. Grading Plane Drainage and Erosion Control Plan 2.No comment. Utility Plan 3.No comment. Paving and Geometric Plan 4.Provide area to facilitate vehicle turnaround on proposed parking along the east side of the property. Detail and Snecifications Plan 5.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. SWPPP Plan 6.Provide and list a Storm Water Pollution Prevention Plan inspector/manager with contact information who must be available within a four hour notification to respond to and implement SWPPP related corrective measures. If the applicant is found to be non- responsive, the City may issue a stop work order and/or take other means necessary to Preliminary Plan Review Memo - Maranatha Phase II Page 2 May 18, 2016 correct SWPPP related issues. miseellaneous 7.See attached plan sheet redlines for additional miscellaneous plan comments. 8.Re-establish and update plantings in the existing rain gardens on site per original approved design. 9.Provide irrigation plan. 10.The Phase II site plans currently submitted increase the impervious site area by only 0.05 acres over the original watershed submittal, approved in 2012 which included the Phase II improvements. No additional stormwater improvements are required. Should the site plan change and deviate from the approved submittal, any additional impervious area will need to be treated per Watershed rules. 11.Provide update on all parking issues and staff concerns about parking. Verify property has sufficient parking for residents, staff (including staff change over periods) and special event parking. 12.Provide a Tier 2 Traffic Demand Management Plan in accordance with the City's template plan. 13.Upon project completion, the applicant must submit an as-built survey of the property improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 14.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The design/project engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey) in accordance with the City's template. Preliminary Plan Review Memo - Maranatha Phase II Page 3 May 18, 2016 15.The total disturbed area exceeds one acre; a National Pollution Discharge Elimination Permit is required. 16.The City has submitted the plans to Hennepin County for review. Applicant must meet requirements from the Hennepin County review. 17.Applicant must apply for a land disturbance permit. Prior to issuance of a Land Alteration 18.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. 19.A letter of credit or a cash escrow in the amount of 100 percent of the estimated cost as determined by City staff must be provided to the City. 20.During construction of the site improvements and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. Please submit a deposit of $1,500 that the City can draw upon on a monthly basis. 21.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions. A separate $2,500 deposit will be required as part of the non- compliance provision. Anticipated Permitting 22.A City of Brooklyn Center Land Disturbance permit is required. 23.A Minnesota Pollution Control Agency NPDES permit is required. 24.Other permits not listed may be required and it is the responsibility of the developer to obtain and warrant. 25. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. Preliminary Plan Review Memo - Maranatha Phase II Page 4 May 18, 2016 26. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. -- Ajl 3 _____ HH 11th ! Es [j ,A E23 El -J 0 Z Ej (D 0 0< < 0T_ E; Cf(D < Lu Z I [-i-i LI_i 1IflE Me IV log t-!t , 'w inlit i 0 1 1 a ^ 1 d ?,; i p,-1 -, ; I:lo P 19M ill 'a :, it jj i 1h MORERise = IL LI 0U lii h:j ; r [11I I iIk-: I 0 I z-J50°- !ill o wl Mon I : ull !Fi1I ¶ I!Iiii SITE PLAN Maranithi Mdependent LMng BROOKLYN CENTER, MINNESOTA 5-12-16 1 COMM U72535-16039 ThEl Li prebytan homes & sevces ( zI zII 31ELE! im LJ 9 0 > H o D LLJ Lu c5 ICE.ca LU "h(TH LLJLn -- 1 -J 0ULU LU LU LU LonLU LU= I-= z LUu = cc -I 4LI owl con L, I( \ r D :ii - - - 1 / 1 ---- i -------1 - (_ I un EN OFF ks wi I - - 1[fl OpLI : !h 4h 0 4 D86B66D ri LD iiiwVi0) j2 0I-I iIll h j li ZI 4 IH a MI a • f • :- SI 3IYMW I flu - - ill ca liii 1IIIi:L_J I IIII: I no ll isy N L5 f: -: -- S S S 55 5 5 5 - 55 SS^ah !Hn. 55 SS S S S S -ph 'Na : NO J S S SS S SS S S S It • i II•MIMI H IM H; I 00 CD w CO 0Lli !UFLL rc!. 11! !ii::!ii;tIii L : :Ps na al MNI ul 0 EL - tho 9 - -2 LUMg -; ii I I I S --- I 0 0 0 8.I 8. z U - I - B.IBD WCOca______ IVIthNBRSAUO SAV Mao lots ifld NC 1VO OWOIOHd 28V3 G311I)SL - VHIVNVUW I it its_ HL : Ju 1111 JC ! jI C Olt", 0 0 0 C COPY Commissioner Morgan introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2016-05 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2016-003 SUBMITTED BY SENIOR HOUSING PARTNERS REQUESTING SITE AND BUILDING PLAN APPROVAL OF A NEW 34-UNIT, SENIOR INDEPENDENT LIVING APARTMENT FACILITY LOCATED ON THE MARANATHA SENIOR LIVING COMMUNITY CAMPUS, 5401 - 69 AVENUE NORTH WHEREAS, Planning Commission Application No. 2016-003 was submitted by Senior Housing Partners, a division of Presbyterian Homes and Services and owners of the Maranatha Senior Living Community campus, requesting consideration of Site and Building Plan of a pro 1 osed 34-unit, senior independent living apartment facility, for the property located at 5401 - 69 Avenue North; and WHEREAS, this 34-unit, senior independent living facility comprehended under this Application completes the Phase II of the Maranatha Homes Planned Unit Development (PUD) Master Development and Site Plan of 2012, approved by the City Council under City Resolution No. 2012-90, adopted June 25, 2012; and WHEREAS, on May 26, 2016, the Planning Commission held a duly noticed and called public hearing in this matter, and reviewed and received a planning report and city engineer's report on the proposed new Site and Building Plan for the proposed 34-unit, senior independent living apartment facility; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this Site and Building Plan an appropriate and reasonable development of the subject property. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Brooklyn Center hereby recommends to the City Council that the Site and Building Plan of the proposed 34-unit, senior independent living apartment facility for the property located at 5401 - 69th Avenue North, as comprehended under Planning Application No. 2016-003, may be approved based on the following considerations: A.The Site Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; PC RESOLUTION NO. 2016-05 C.The Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; D.The Site Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and E. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 3 5-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that Planning Application No. 2016-003 be approved subject to the following conditions and considerations: 1)The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memos, dated May 18, 2016. 2)The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3)The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 4)The location and placement of all fire safety features, including any additional hydrants, fire lane gates, and other fire related building code items shall be reviewed and approved by the Building Official and Fire Chief. 5)The Applicant shall paint, stripe or mark (with an approved paint) the curbed sections of all fire lanes and drive aisles to restrict employee and visitor parking and post signs indicating "No Parking-Fire Lane" or similar along these areas. 6)Any outdoor trash enclosure must be constructed of materials that match the principal building; and the final design and location of any enclosure shall be approved by the city planners and city engineers. 7) Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. PC RESOLUTION NO. 2016-05 8)Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 9)The Developer shall submit a site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 10)An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 11)Plan approval is exclusive of all signs on this site, including any new freestanding, wall (building) signs and directional signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. 12)All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 13)Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 14)The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 15)Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 16)The Developer shall install the 14 additional parking spaces along the northwest corner and curved fire lane of the subject site. 17)The Developer shall provide additional landscaping for screening purposes along 69th Avenue right-of-way, provided it does not impact or impair any vehicle sight lines, or dedicated drainage areas and features. PC RESOLUTION NO. 2016-05 May 26, 2016 /7( / Date Randall Christensen, Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Koenig and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Sweeney; Schonning; MacMillan, Morgan and Koenig; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. EXCERPT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION MAY 26, 2016 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. (SiIWiU Chair Randy Christensen, Jack MacMillan, Stephen Schonning, and Rochelle Sweeney were present. Commissioner Alexander Koenig (arrived 7:02 p.m.) and Commissioner Carlos Morgan (arrived 7:22 p.m.). Commissioner Susan Tade was absent and excused. Also present were the Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA - MAY 26, 2016 There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to approve the agenda for the May 26, 2016 meeting as submitted. The motion passed unanimously. 4.APPROVAL OF MINUTES - MAY 12, 2016 There was a motion by Commissioner Schomiing, seconded by Commissioner Sweeney, to approve the minutes of the May 12, 2016 meeting as submitted. The motion passed unanimously. 5, CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2016-003 SENIOR HOUSING PARTNERS PROPERTY ADDRESS: 5401 - 69T11 AVENUE NORTH Chair Christensen introduced Application No. 2016-003, Consideration of a Site and Building Plan for a 34-Unit Senior Independent Living Facility - part of Phase II of the 2012 Maranatha Homes Planned Unit Development. (See Planning Commission Report dated 05-26-2016 for Application No. 2016-003.) PC Minutes 05-26-16 -1- DRAFT It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. Secretary to the Planning Commission Benetti provided a presentation, with project layout, highlights and brief analysis of the new development comprehended under Planning Application No. 2016-003 for the Commission. Mr. Benetti noted staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2016-003, Site and Building Plan for a 34-Unit Senior Independent Living Facility - part of Phase II of the 2012 Maranatha Homes Planned Unit Development, with the conditions noted in the Planning Staff report and also similar in the Resolution. Mr. Benetti stated Mr. John Mehrkens with Senior Housing Partners and Presbyterian Homes is present and has his own PowerPoint presentation to show. Mr. Benetti asked Chair Christensen if he would like to have that shown prior to or after the open forum. Chair Christensen replied he would like to see the presentation first and invited the Applicant forward. Mr. John Mehrkens with Senior Housing Partners, the developing arm for Presbyterian Homes, gave a presentation outlining their vision, values and status on the proposed project. He stated they provide care to just over 37,599 older adults each year within the community, with the majority of their residents being low income. He stated they are looking forward to being able to provide services to more community members. He also noted the architect for the project, Mr. Greg Woollums (with Pope Architects) is present to take any questions or comments as well. Chair Christensen stated he wanted to open the public forum next and would ask questions upon hearing their statements and input. OPEN TO PUBLIC COMMENTS —APPLICATION NO. 2016-003 Chair Christensen recognized residents in the audience who wished to speak on this matter; and called for comments from the public. There was a motion by Commissioner Morgan, seconded by Commissioner MacMillan, to open the public hearing on Application No. 2016-003, at 7:25 p.m. The motion passed unanimously. Arvid "Bud" Sorenson, 6901 Toledo Avenue North, Brooklyn Center - stated he has lived across street from the Maranatha Home for 44 years. He stated he has many issues and concerns with the proposed project. He stated the location isn't large enough to accommodate the plan; parking is not adequate as it is currently, and the traffic coming from the location is already an issue and this will exacerbate the problem. He provided pictures of overflow cars that have parked along the streets surrounding the location due to lack of parking spaces devoted to the building. He stated the high traffic coming from the parking lot at the location has caused a lot of safety concerns regarding school aged children going to and from school in the area. He noted people often are seen passing a car on the shoulder to avoid waiting to get through the intersection, which is a big safety concern. He stated his last issue is that he had trees in the past providing screening his view of the street and buildings surrounding his home and now he only has a sea of PC Minutes 05-26-16 -2- DRAFT cars as his view. He would like to see more screening in place to give the homeowners the privacy and views they should have. Ray Christiansen, 6803 Toledo Avenue North, Brooklyn Center, - stated the most disturbing issue regarding this project is that what they have proposed for the build and what has been done so far do not compare, he stated he feels they have misrepresented the project entirely. He stated he has concerns about the parking accommodations as well. He stated even adding the parking spots proposed for the project, it still won't be adequate. He stated there is not enough land there to accommodate the size building and parking they propose and need. Commissioner MacMillan asked Mr. Mehrkens how many more employees they plan to hire with this expansion. Mr. Mehrkens replied they only anticipate hiring about 3 additional staff members. Commissioner MacMillan stated he is a volunteer at Augustana Care Facility in downtown and noted parking is an issue there as well. He asked if they will have volunteers as well. Mr. Mehrkens replied he believes so, but the needs are yet to be seen. He also stated they plan to change the facility into a long term care facility down the line and anticipate parking will not be an issue in the future. Chair Christensen asked why the parking in the northwest corner of the parking lot is being eliminated. Mr. Mehrkens stated parking along the curved line was not preferred by city engineers and architects; and if additional parking was need, it would be added by the pond (along the south edge). Mr. Benetti stated that in 2012 when this project was presented to the city, the city engineers and planners were not supportive of having or allowing parking along a curved drive lane, especially for vehicles backing out from the stalls. He stated that parking in this northwest area should be considered a "last-ditch" effort if more parking is needed down the line. He noted with the underground parking they are adding and with what is being proposed to add for above ground parking, City Staff all feel it should be adequate this expanded site. Chair Christensen stated he respectfully disagrees with that assessment; and believes the parking proposed will not be adequate. He stated he does understand there are challenges they face like shift-change times when employees are coming and going at the same time in the parking lot; however, he would like the parking issue to be looked at in depth. He stated he believes they owe it to the home owners who live around the building so they are not looking out their windows at a sea of cars. He stated he would like to see Maranatha to find alternatives that would move the parking closer to the existing multi-level buildings to the west instead of the single level homes to the east. Mr. Benetti asked Chair Christensen if he is asking the engineers to reconsider the parking around the curved line. Chair Christensen replied that is correct. PC Minutes DRAFT 05-26-16 -3- Commissioner Koenig stated he does not see the traffic issue being alleviated in the near future so he agrees that it is a great idea to find a better solution to this situation now instead of waiting for it to be a bigger problem down the line. Commissioner MacMillan asked how many spots they are talking about adding along the curved driveway area. Mr. Benetti stated they could add 14 parking spots. Chair Christensen inquired if the setback requirements have changed. Mr. Benetti replied this site was approved as a PUD-Mixed R-5/R-6 (Planned Unit Development/Multiple Family Residence) in 2012. Structure setbacks for R-5 zones are 35 ft. front, 40-ft. rear, and 15 ft. sides; while R-6 zone is 50-ft. front, 40 ft. rear, and 20-ft. sides. However, where any multi-family zoned development abuts an R- 1 or R-2 (single-family or two-family) district, the structure must meet a setback equal to twice the height of the building. Mr. Benefti stated the approved 2012 Maranatha PUD Master Plan illustrated a 100-foot setback for the 38-unit (now 34-unit) senior apartment building. The new building measures between 39'-10' to 48' in overall height. The setback remains at 100-feet on the updated Master Plan, which meets the required twice-height standards under this PUD. Mr. Benetti further stated this additional setback provides a nice separation and landscaping strip for added buffering between the adjacent neighbors. Chair Christensen stated that leads to his other concern which is screening. He stated he would like to see additional screening considered for the residents to the north (opposite side of 69'' Avenue North) as well. Mr. Benetti used an aerial overhead to point out some areas that might accommodate added plantings or screening shrubs. Chair Christensen stated by adding some shrubs or new landscaping along the 69th Avenue right-of-way would be sufficient. Mr. Mehrkens from SHP replied they will accept a condition to add screening and landscaping as the space allows for it. Commissioner Koenig stated he feels the landscaping and screening would not only be beneficial for residents living outside the building, but it will add to the curb appeal value and provide a nice campus feeling to the development. Commissioner Schonning stated his feeling about the parking is that it is mainly the business of the development and as long as it stays out of the neighborhood and confined to the property, it remains their business. He stated he believes the issue they may face is that it will be an issue for the staffing and residents there. He stated he encourages them to put as much parking as they can wedge into the space for the employees and resident's sake. He noted he thinks the place is great and a beautiful space, but would be concerned about their employee satisfaction should they not remedy the parking issue. Chair Christensen echoed Commissioner Schonning's thoughts and added another important point is that while accommodating more parking within the location they need to make sure it does not prohibit emergency vehicle access and spaces. PC Minutes 05-26-16 -4- DRAFT Mr. Mehrkens stated they acknowledge the recommendations regarding the parking and they certainly want their employees to be happy so they will look into these issues and try to find the best solutions. He noted that when the facility moves to transitional care, he believes the parking issue will be alleviated. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to close the public hearing on Application No. 2016-003. The motion passed unanimously. It was the consensus of the Planning Commission to approve the application with the following Amendments: Reconsider adding the 14 parking spaces along the curved fire lane in the northwest corner for additional employee parking. 2. Provide screening and landscaping as space allows along 69thi Avenue North. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2016-05 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-003 SUBMITTED BY SENIOR HOUSING PAP TN -FR S There was a motion by Commissioner Morgan, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2016-05 as amended. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Morgan, Schonning, and Sweeney. And the following voted against the same: None The motion passed, unanimously. The Council will consider the application at its June 13, 2016 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. PC Minutes 05-26-16 -5- DRAFT Maranatha Site Photos by Bud Sorenson (submitted for the record 05.26.16 Planning Commission meeting) - IL ..LS :- presbyterian homes & services . Innovations in Senior Living Communities SENIOR HOUSING PARTNERS Maranatha Phase 2 City of Brooklyn Center Planning Commission Meeting May 26, 2016 !Development and Project Team Senior Housing Partners • John Mehrkens, Project Developer • Lisa Albain, Project Developer Pope Architectures o Greg Woollums, Principle Pope Architects Li Mark Weispfen fling, Principle Pope Architects Frana Construction o Mitch Osterholt, Vice President 1 Mission and Vision Presbyterian & services kssiio: To honor God by enriching the lives and touching the hearts of older adults. Vsk: To provide more choices and opportunities for more older adults to live well. PHS Values EJ Presbyterianhomes & services Christian Ministry: Serving with compassion, modeling Christ, and spending time in prayer and reflections. Ready and Engaged People: Treating others as we would like to be treated, leveraging strengths, attracting the right talent, and providing a nurturing environment. Operational Integrity: Leveraging operational standards, enhancing programming, providing or creating new continuum services, and being a pioneer in innovation. Service Excellence: Establishing and consistently delivering service standards, being responsive, and creating memorable experiences. Stewardship: Optimizing, with careful responsibility, the people, financial, charitable, and physical resources entrusted to us and to intentionally grow our ministry. 2 PHS Overview presbyterianhomes & services We now serve approximately 25,480 older adults each year 12,921 "under our roofs" and 12,559 "in the community." We partner with 5,913 employees. We are supported by over 2,500 volunteers. Serving LOW Income to Fulfill our Mission pr'sbyterianhomes services /• .7J. AA/ 1/3rd of all our apartments are income qualified. 20% or more of those "under our roof" are yery Low income. 75% of those we serve in HCBS are very low income. 11 Site Plan presbylerisnhones & services L IF FL iT LTitL IL [ I Maranatha Independent Living- eroro El Li presbyterian homes & services Elevations - / P_____________in a i—_—Z1 • 2&&INT& - - PHASES ELEVATIONS & BUILDING SECTION Maranatha Independent Living BROOKLYN CENTER, MINNESOTA UlD presbyterianhomes & services 5 -Maranatha Floor Plan bogies seriaces ji / (\ H - - GARAGE LEYRL FLAIl FIRST FLOOR FLNL/ GECOFLO SILAILOR FLOOR FLOGS Maranatha Independent Living MINNESOTA Wilu Presbyterianhomes & services Westwood Traffic Study presbylerian homes & services 82 years old- average age of residents living in independent living communities at PHS. 34 apartments:39 total garage stalls The 5 additional indoor stalls will accommodate staff/guests. 32 additional outdoor parking Once 100% occupied, the new apartments will generate less than 5 additional morning trips and less than 6 additional peak hour trips/weekday. I CITY OFBROOI{LY CEIh A GREAT PLACE TO START. A GREAT PLACE TO STAY DATE: June 16, 2016 - - - .! www.cityofbrookiyncenter.org Planning Commission (763) 569-3335 TO: Chair Randall Christensen and Planning Commissioners FROM: Gary Eitel, Business and Development Director Tim Benetti, Planning & Zoning Specialist SUBJECT: Reconsideration of the Site and Building Plan Conditions of Phase II - 2012 Maranatha Homes Planned Unit Development Background: At the May 26 th Planning Commission meeting, the Commission adopted Resolution No. 2016- 05, which provided a favorable and unanimous recommendation of approval regarding Planning Application No. 2016-003, the Site and Building Plan application for a new 3-story, 34 unit senior independent living facility within the Maranatha Senior Community campus. Prior to adopting this resolution, the Commission elected to add (amend) the following two conditions of approval: 1)The Developer shall install the 14 additional parking spaces along the northwest corner and curved fire lane of the subject site. 2)The Developer shall provide additional landscaping for screening pin poses along 69t1 Avenue right-of-way, provided it does not impact or impair any vehicle sight lines, or dedicated drainage areas and features. After the meeting, Planning Staff forwarded these conditions on to the City Engineer for review and comments, and the following reply was received: "[Staff] should recommend the parking on the east. Having parking on a tight radius curve can cause safety issues with the lack of line of sight, especially with it being a drive aisle to the additional parking area and deiiveiy area. [Engineers] are not aware of any "overuse" of either driveway and doesn't really have an)) merit as it is a driveway entrance, with no preconceived notion of distribution of traffic to either driveway. With proper screening and buffering, our recommendation should be the east parking as planned." Staff also received a follow-up review memo (dated 06/07/16) from Maranatha's consultants at Westwood Engineers, who performed the original traffic and parking study in 2012. The memo begins by stating: City Hall Community Center Police A Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1653 763.569.3300 Fax: 763.569.3494 763.569.3400 Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 Page 2 of 3 "After review, we agree with the City Staff and City Engineer Lillehaug's opinion that parking on a tight radius may cause safety issues." The report goes on to further state: "In the Existing ('today) condition, a suiplus of 58 stalls is calculated using the ITE Parking rates. Similarly, under the Phase II condition, a sin plus of 74 stalls is calculated. If the 14 stalls are removed from the plan, there will still be a suiplus ofparking on the site. Therefore, it is recommended that the 14 stalls be removed." In preparing a City Council Summary Report on this item for the June l3' agenda, and which includes a copy of the adopted PC resolution, city staff chose to go along with the engineers' (both city and consultants) suggestion that the 14 spaces in the northwest corner be removed, and was prepared to make this recommendation to the Council. However, after some internal discussions between city staff, it was recommended that this planning application item be pulled from the Council agenda, and this parking condition be re- evaluated and reconsidered before the Planning Commission once again. It should be pointed out that in the 2012 Maranatha PUD review (rezoning, site plans, and subdivision) there were concept plans and site plans that included a detail for 14 parking spaces in the northwest corner under "pro ofof-parking". When reviewing the new site/development plans of the new nursing care facility, Staff was very cautious in recommending a reduced parking standard for this site, as we wanted to make sure the entire site could accommodate on- site parking needs for the residents, workers and visitors. When the initial review was done, the Planning Commission adopted Resolution No. 2012-10 (05/31/12 - and attached), which included the following: 14. The Developer shall install the 14 proof of parking spaces on the northwest area of the assisted living facility, and the 16 spaces on the north end of the fire lane/ ring road in the northeast corner of the site. However, when the full PUD plans were presented to the City Council at the June 25, 2012 meeting, this condition was removed for some reason from City Resolution No. 2012-90 (attached). Even though the Planning (PowerPoint) presentation includes the recommendation to install the 14 spaces, the meeting minutes do not indicate if the Council made a motion or decided to have this condition removed from the resolution. Planning staff will be conducting further research next week and may have an update for the Commissioners at next Thursday night's meeting. City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 Fax: 763.569.3494 763.569.3400 Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 Page 3 of 3 It should also be pointed out that if the 14 spaces are added in this NW corner, the sidewalk along this driveway will need to be adjusted; and additional screening measures needed to prevent or reduce headlight wash into the nearby lower living units. (Refer to attached site photos) City staff is requesting the Planning Commission once again re-evaluate and reconsider this condition to add the 14 parking stalls in this northwest corner, and determine if these spaces are absolutely needed or required as part of this expanded PUD/Phase II project. If so, you can simply affirm your findings and recommendations made under the previously adopted Resolution No. 201605; or amend the condition(s) of this resolution accordingly. Planning staff is also including for follow-up review and consideration a proposed screening plan along 69th Avenue right-of-way, which is part of the added conditions made by the PC at the May 26th meeting. The plan shows a small number (3) of Black Hill Spruce trees near the northeast corner of the site; along with some low-level shrubs or plantings in the middle segment of this front yard boulevard space. Staff will be soliciting the Planning Commissions comments and recommendations on this screening plan for 69'h Avenue. City Hall Community Center voiice & rue uepdruuIeiI 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 Fax: 763.569,3494 763.569.3400 Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 7699 Anagram Drive Eden Prairie, MN 55344 Main (952) 937-5150 Fax (952) 937-5822 westwoodpscom (888) 937-5150 MEMOHAMPUM Date: June 7, 2016 Re: Maranatha Care Center - Northwest Corner Parking File R0008784.00 To: Lisa Albain, Senior Housing Partners From: Steve Manl1art, P.E. PTOE, PTP As requested, Westwood reviewed the comments from the City of Brooklyn Center Staff regarding the Planning Commission's recent condition requiring Maranatha add the 14 spaces in the northwest corner of the development. After review, we agree with the City Staff and City Engineer Lillehaug's opinion that parking on a tight radius may cause safety issues. With these stalls being located along the main access for employee parking and delivery, it is prudent from a traffic safety perspective to remove them. There are other areas on the site where parking and sight lines would be less of an issue; namely on the east side of the property. Table I of our March 23rd memo indicates adequate parking supply was calculated in the Existing and Phase II conditions. In the Existing condition, a surplus of 58 stalls is calculated using the ITE Parking rates. Similarly, under the Phase II condition, a surplus of 74 stalls is calculated. If the 14 stalls are removed from the plan, there will still be a surplus of parking on the site. Therefore, it is recommended that the 14 stalls be removed. Additionally, Staff had requested clarification on other items: 1.It has been reported that Maranatha has a total of 126 fill-time equivalent (FTE) employees. (Largest shift size will need to be identified by others.) 2.Figure 1 of Westwood's March 23r1 memo shows that peak parking occupancy was observed occurring between 1:30 and 2:30 p.m., when ill vehicles were parked on the site. This translates into a parking occupancy rate of 93% under current conditions. Maranatha has reported that at 2:00 p.m., both am. and p.m. staffs from nearly all departments are on campus. Multi-Disciplined Surveying & Engineering TBPLS Frrn No 10074302 westwoodps.com June 7, 2016 Page 2 3. Maranatha has reported that the change in parking related to the reduction in the transitional care unit (TCU) is not yet known, but there will likely be a gradual reduction starting immediately and reducing into the fall when the new budget year starts. Maranatha also reports the reduction will likely result in fewer than 10 additional spaces being available on any given day. cc: Vern Swing, Westwood [APROVED PUB/SITE PLAN JUNE 2012 69TH AVENUE NORTH Li/f 2\J: - ! (eE:J! ) JETEXISTING 64 UNIT / h I 0' ASSISTED LIVING /TOREMAIN \ H cii I\ PAWN G I STALLS NEW 97 BEDIL1 SKILLEDI NURSING FACILITY- TCU I LTC IMC 38 UNIT DEPENDEN ^IARKI NG STAL -S POND L FUTURE INDEPENDENT OPTION [ Mu zina tha Sked BROOKLYN CENTER, MINNESOTAI621-2012 I COMMH DED piesbyeiiaiihomes & services SUBMITTED PUB/SITE PLAN PHASE II MAY 2016 I 69TH AVENUE NORTH o0 1. CI SITE PLAN Math za Hnep e n col ec nt Lhthiig BROOKLYN CENTER, MINNESOTA 512-16 1 COMM/172535-16039 El LII hyiai homes &s e vvk adoption: Member Tim Wilson introduced the following resolution and moved its RESOLUTION NO. 2012-90 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-003 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME, INC., FOR APPROVAL OF THE DEVELOPMENT/SITE AND BUILDING PLAN IN RELATION TO THE NEW PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATED AT 5401-5415 - 69TH AVENUE NORTH WHEREAS, Planning Commission Application No. 2012-003 submitted by Maranatha Conservative Baptist Home, Inc. (Maranatha) proposes a new Planned Unit Development (PUD) for properties generally located in the northwest quadrant of the City and addressed as 5401 and 5415 - 69th Avenue North (Subject Site); and WHEREAS, the PUD Application comprehends the rezoning of the Subject Site from RI (One Family Residence) and R6 (Multiple Family Residenôe) to a new PUD-MIXED R5/R6 (Planned Unit Development-Mixed Multiple Family Residence) district, and includes a development/site and building plan consisting of a new three-story, 97 bed skilled nursing care facility and a future 38-unit senior independent living apartment facility; and WHEREAS, the Planning Commission held a duly called public hearing on April 12, 2012, whereby a planning report was presented and public testimony regarding the PUD rezoning and development plan were received, and the action item was tabled; and WHEREAS, on May 17, 2012, the Planning Commission reconsidered the rezoning request, whereby an updated planning staff report was presented; the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance were presented, along with the provisions and standards of the R5 (Multiple Family Residence) district contained in Section 35-314, along with the provisions and standards of the R6 (Multiple Family Residence) district contained in Section 35-314, and the provisions and standards of the Planned Unit Development district contained in Section 35-355 of the City's Zoning Ordinance; a public hearing was re-opened, public testimony was received, and the request was duly considered in light of all testimony received, whereupon the Planning Commission adopted PC Resolution No. 2012-08 which provided a unanimous recommendation to approve this PUD rezoning only, and elected to table consideration of the final Development/Site and Building Plan to the May 31, 2012 meeting; and WHEREAS, on May 31, 2012, the Planning Commission reconsidered Application No. 2012-003, and reviewed and received an updated planning report on the proposed new Development/Site and Building Plans, which included the new site and building plans, elevation plans, civil plans, and a traffic and parking study performed by Westwood Engineering, all in conjunction with a new Planned Unit Development of the Subject Site, which plan comprehends the construction of a new three-story, 97-bed skilled nursing care facility and a future RESOLUTION NO.2012-90 2.5 story, 38-unit senior independent living facility, along with surface parking lots, fire lane, site lighting, landscaping and screening measures; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did thereby recommend to the City Council that the Development/Site and Building Plan component of the proposed Planned Unit Development submitted under Application No. Application No. 2012-003, and as submitted by Maranatha Conservative Baptist Home, Inc. be approved based upon the following findings: 1.The Development/Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2.The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on, surrounding land; The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards, in particular the incorporation of enhanced setbacks provided under the proposed land use amendment and approved Development/Site Plan; 4.The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5.The Development/Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and 6. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) and a Development Plan as contained in Section 35-355 (Planned Unit Development) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. RESOLUTION NO, 2012-90 AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did further recommend to the City Council that Application No. 2012-003, which comprehends the final Development/Site and Building Plan in conjunction with the proposed new Planned Unit Development of the Subject Site, be approved subject to the same conditions and considerations memorialized herein. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, that Planning Commission Application No. 2012-003 submitted by Maranatha Conservative Baptist Home, Inc., which proposes a new Development/Site and Building Plan in conjunction with the proposed new Planned Unit Development of the Subject Site, of which plan comprehends the construction of a new three-story, 97-bed skilled nursing care facility and a future 2.5 story, 38-unit senior independent living facility, along with surface parking lots, fire lane, site lighting, landscaping and screening measures, is hereby approved based on the following conditions: 1.The Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memos, dated April 9, 2012 and May, 25, 2012. 2.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3.The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances 4.The location or placement of all fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. 5.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer' prior to the issuance of permits. 6.The Developer shall submit a site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 7. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. RESOLUTION NO. 2012-90 An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 9.Plan approval is exclusive of all final signs on this site, including any new freestanding, wall (building) signs and directional signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. 10.B6-12 curb and gutter shall be provided around all parking and driving areas. 11.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 12.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13.The Developer shall provide and dedicate all necessary easements as required by the City Engineer, either on the new plat or by separate recordable document/agreements. 14.The Developer shall provide connecting walkways between the sidewalk along 69 h Avenue North to the parking lot areas, and walkways from interior parking areas to other main door access points or other connecting walkways. 15.The Developer agrees to submit for additional review revised plans and work with City Staff in making reasonable efforts and means in providing a suitable lighting plan, fire lane, landscaping, and appropriate screening to adjacent property owners. The screening must meet City Code Section 35-410, in which an opaque fence or substitute is approved by the City Council. Any opaque fence or screening device shall be constructed with either cedar wood or composite/vinyl materials, with final style and locations approved by the City's Business and Development Director. 16.The Developer agrees to replace any existing significant trees noted to be saved on the Landscape Plans (Sheet LI-1) that may become damaged or removed as a direct result of construction on this site. RESOLUTION NO. 20 -12 ---90 17, The owner of the property shall enter into a utilities and facilities maintenance agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 18.Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of any permits. 19.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 20.The owner shall enter into a PUD Agreement and/or Declaration of Covenants and Restrictions Agreement with the City of Brooklyn Center to be prepared and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific standards and regulations provided by the underlying PUD-MIXED R5/R6 zoning district, as well as all other conditions of approval. This agreement shall further assure compliance with the development/site plans submitted with this application. 21.Any new (future) building comprehended under the Phase II portion of this approved PUD Development/Site and Building Plan shall be subject to full review and consideration under separate Site and Building Plan application approvals, as per Sections 35-230 and 35-355 of City Code. 22. Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. June 25. 2012 ATTEST: J^l Date Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by memberKay Lasman and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kieven, Kay Lasman, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. \\L-.-- \'-\\ H I . ., lip /I' I I - A -- I-.. i. I•øI ,IL) z.. . r • r. I • ____ LI <C c / 1 ]L w •/ LJ- • i ---- •, • .•• _____vw •'1? ____ • •, - • / -• • 1 LU a w•-•••__ 0 ,iiii t:i • I., 6b) APPLICATION NO. 2016-003 SENIOR HOUSING PARTNERS PROPERTY ADDRESS: 5401 - 69TH AVENUE NORTH - Reconsideration of the Site and Building Plan Conditions of Phase II- 2012 Maranatha Planned Unit Development Chair Christensen introduced this item as a reconsideration of certain conditions approved under the adopted Planning Commission Resolution No. 2016-05, adopted May 26, 2016, in relation to Planning Application No. 2016-003, the new Site and Building Plan, for a 34-Unit Senior Independent Living Facility - Phase II of the 2012 Maranatha Homes Planned Unit Development. (See Planning Commission Reports dated 05-26-2016 for Application No. 2016 003 and City Planning Memo Update dated 06-16-16) Mr. Benetti stated at the May 26, 2016 Planning Commission meeting, the Commission adopted Resolution No. 2016-05, which provided a favorable and unanimous recommendatioli of approval regarding Planning Application No. 2016-003, the Site and Building Plan application for a new 3-story, 34 unit senior independent living facility within the Maranatha Senior Community campus. Prior to adopting this resolution, the Commission elected to add (amend) the following two conditions of approval: 1)The Developer shall install the 14 additional parking spaces along the iorthwest corner and curved fire lane of the subject site. 2)The Developer shall provide additional landscaping for screening purpoes along 69th Avenue right-of-way, provided it does not impact or impair any vehicle sight lines, or dedicated drainage areas and features. After the May 26th meeting, Mr. Benetti indicated that city staff, along with Maranatha Homes' own traffic engineering consultants from Westwood Engineering, voiced joint concerns of adding these 14 stalls in the northwest corner, and recommended this condition (parking stalls) be removed due to sight-line and driveway safety issues along this curved roadway. The Planning Commission is being asked to re-evaluate and reconsider this condition, and determine if these 14 spaces are needed or required as part of this expanded PUD/Phase II project. Staff also requested follow-up consideration regarding the proposed landscape and screening plan for 69th Avenue right-of-way. Mr. Benetti continued by presenting the past approved parking layout from 2012 and also provided an updated plan for approval that would allow enough parking for the maximum expected people on the site at any one given time; this situation occurs when first and second shift employees are switching and there are approximately 89 people on site at that time. He noted the new plan would accommodate those parking spaces as well as it addresses the sidewalk utilization issue. He stated the other outstanding issue the Commission needs to address is the screening proposed in the new plan, which is drastically less than previously laid out. Chair Christensen asked Commissioners for input and discussion on this issue. PC Minutes . DRAFT 06-16-16 -4- Commissioner Tade asked if there are designated parking for staff or guests. Mr. Benetti stated there is not currently any designated spots but they have recommended certain parking for the employees be assigned so Maranatha is regulating the parking of its staff so visitors and residents have guaranteed parking spaces. Commissioner Morgan stated he believes that keeping the 14 parking spaces as reserves should ensure enough parking if they need more in the future. He stated being diligent about enforcement of the parking should be a priority, especially in the winter months when people may tend to be less compliant with the parking rules and regulations. Mr. Benetti stated they are encouraging Maranatha to stay ahead of the issues and maintain the enforcement of their own employees and overall site parking. He stated if it does continue to be an issue down the line, then they would look to law enforcement to ensure regulation of the parking issue. Commissioner Tade stated if they add the extra 14 parking spaces back into the updated plan her concern is that it takes out more of the already limited green space and she believes it should be a last resort. Commissioner Schonning stated he was opposed to the extra 14 parking spaces the past and he is still opposed. He stated he would like to see the residents having more green space than hard surface. He stated he believes the 24 parking spaces being added along the South side of the lot will alleviate the parking issue. He noted regarding the screening issue, the first proposal had too many trees and the current one has too little, they need some sort of screening which provides something in the middle of the two plans. Chair Christensen stated if the goal is to limit hard space he believes the best solution would be puffing the 14 parking spaces in and reducing the 32 parking spaces proposed on the East side of the lot to ensure there will be more green space and less hard surface. Mr. Benetti replied he respectfully disagrees and stated he doesn't think removing the Eastern parking spaces would be a good idea. He noted that with the 14 proof of parking spaces in the Northwest corner combined with the proposed 32 parking spaces it seems the plan would be plenty a ccommodating for the employees and residences at 200 parking spaces. Commissioner Koenig stated his concern is that if there is a lack of parking spaces it may discourage visitors for the residents in the homes. He stated if Maranatha is willing to add more parking spaces now that would eliminate future issues and he believes that would be the best course of action at this time. He noted he is partial to the heavier screening than the light screening in the proposals. Chair Christensen stated his concern with heavy screening involving large trees imposing on the sidewalks would be the safety and security of the school aged children who walk that sidewalk regularly. He stated providing some hedge row screening back off the sidewalk a bit instead of larger trees would be ideal in providing screening from the street for residents inside and outside the complex. Mr. Benetti stated he will make that recommendation regarding the screening and present the updated plan to the Commission for their review. He noted he doesn't believe there will be any issue with that plan. PC Minutes DRAFT 06-16-16 -5- Commissioner Morgan asked how the determination is made if more parking is needed in the future. Mr. Benetti stated it would most likely start with staff providing feedback regarding the need for more parking. He stated the City will continue to observe the issue and take input from residents surrounding the complex as well. ACTION TO AFFIRM OR AMEND THE PREVIOUSLY ADOPTED PLANNING COMMISSION RESOLUTION NO. 2016-05 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-003 SUBMITTED BY SENIOR HOUSING PARTNERS There was a motion by Commissioner Sweeney, seconded by Commissioner Tade, to amend previously adopted Planning Commission Resolution No. 2016-05 by deleting the following condition: "The Developer shall install the 14 additional parking spaces along the northwest corner and curvedJIre lane of the subject site. " Voting in favor: Commissioners Sweeney and Tade. And the following voted against the same: Chair Christensen, Commissioners Schonning, Koenig and Morgan. The motion did not pass (2 in favor vs. 4 against). Chair Christensen then asked Planning Staff what happens next. Secretary Benetti stated that since the previous motion to amend the resolution was defeated, the original PC Resolution No. 2016-05 adopted at the May 26, 2016 meeting remains intact, and will be presented to the City Council at the June 27, 2016 regular meeting. PC Minutes 06-16-16 -6- DRAFT City Council Agenda Item No. 9b COUNCll I{TEM MEMORANDUM DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2016-007 Submitted by Eric T. Decker for Special Use Permit Approval of a Special Home Occupation allowing a Personal Fitness Training Business as a Home-Based Business in the R-1 One Family Residence District (Located at 4206 Woodbine Lane North) Recommendation: Recommended City Council adopts the Resolution regarding the disposition of Planning Commission Application No. 2016-007 submitted by Eric T. Decker for Special Use Permit approval of a Special Home Occupation allowing a Personal Fitness Training Business as a Home-Based Business in the R-1 One Family Residence District, located at 4206 Woodbine Lane North. Background: Mr. Eric Decker requests consideration of a special use permit approval to operate a limited personal fitness training business as a home-based business from his residence, located at 4206 Woodbine Lane North. The special home occupation will be conducted within the Applicant's detached garage and rear yard area. The home based business may include individual or group training lessons; occasional customer/clientele traffic; and equipment not customarily found or used in typical residential dwellings. On June 16, 2016 the Planning Commission reviewed Planning Application No. 2016-007. Full consideration was given under a duly noticed public hearing. Comments from one neighboring property owner regarding traffic and clientele parking were received and recorded into the record. Excerpt minutes from this meeting are attached for Council's review. No other comments (for or against) were received. Upon close of this hearing, the Planning Commission adopted Resolution No. 2016-08, which provides a favorable and unanimous recommendation of this special use permit. This resolution and full Planning Staff Report are attached for review. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Resident Economic Stability Mission: Ensuring an attractive, clean, safe, inclusive coininuizifl' that enhances the qualiti' of life For all people and preserves the public tins! Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-007 SUBMITTED BY ERIC T. DECKER FOR SPECIAL USE PERMIT APPROVAL OF A SPECIAL HOME OCCUPATION ALLOWING A PERSONAL PHYSICAL FITNESS TRAINING BUSINESS AS A HOME-BASED BUSINESS IN THE R-1 ONE FAMILY RESIDENCE DISTRICT (LOCATED AT 4206 WOODBINE LANE NORTH) WHEREAS, Planning Commission Application No. 2016-006 submitted by Eric Thomas Decker (as "Applicant") requesting a Special Use Permit for Special Home Occupation to operate a personal physical fitness training business from the single-family residence, located at 4206 Woodbine Lane North ("Subject Property"); and WHEREAS, the Subject Property is situated in the R-1 One Family Residence District, and pursuant to City Code Section 35-3 10, Subd. 2. Special Uses, "Special home occupation as defined in Section 3 5-900" are allowed in the R-1 District by means of special use permit approved by the City Council, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2016-007; and WHEREAS, on June 16, 2016, the Planning Commission held a duly noticed and called public hearing, whereby a planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request according to the general standards noted under City Code Section 35-406, Additional Requirements for Special Home Occupations, and determined this special home occupation permit met or would meet these standards and requirements as set forth under said City Code; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, and found the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan; and meets the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2016-08, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2016-007 may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the recommendation from the Planning Commission regarding the Special Use Permit of a Special Home Occupation as comprehended under Planning Application No. 2016-007, is hereby accepted, and finds the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan, and meets the guidelines and standards for RESOLUTION NO. evaluating a special use permit as contained in Section 35-220 of the City's Zoning Ordinance, which are noted as follows: A.The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or comfort. B.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. D.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. B. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Special Use Permit for Special Home Occupation to operate a personal fitness training business from the single-family residence, located at 4206 Woodbine Lane North, as comprehended under Planning Commission Application No. 2016-007, is hereby approved subject to the following conditions: 1.The special use permit is granted for the exclusive operation of a personal physical fitness training business by the Applicant on the Subject Property only. 2.Applicant is allowed to operate the fitness training business between the hours of 9:00 a.m. and no later than 9:00 p.m. each day, and shall be limited to only 3 hours on Sunday (no later than 4:00 PM). 3.Any weight lifting or cardio equipment used in this fitness operation shall be used only under close personal monitoring by the Applicant; used in a safe and normal manner; and shall be cleaned, in good shape, properly cared for and stored inside the garage space when not in use. 4.Applicant shall provide proof or documentation that he is certified in CPR/AED and basic First Aid; shall have an up-to-date and accessible First Aid kit; and access to a phone for emergency situations. An Automated RESOLUTION NO. External Defibrillator (AED) kit is also highly recommended. 5.Applicant shall provide proof or documentation that he is officially certified as a personal trainer through the National Strength and Conditioning Association (NSCA) and evidence of insurance carried through the NSCA. 6.The Applicant/Owner shall install a 6 - 7 ft. high solid opaque privacy fence along the east property line, the westerly lot lines; and the gap between the front edge of the garage and back addition to the home. 7.All noises emanating from the site or music played during work-out or training sessions shall be kept to minimum noise levels, and shall not be overly discernable at the neighbor's property boundaries. 8.No retail sales or displays of merchandise and printed (finished) products will be allowed on the premises, either inside or outside the garage and residence. 9.Per City Code- Ch. 34-Signs, the Applicant may have one freestanding or wall sign for the home-based business, with the maximum size area not to exceed 2.5 square feet and the height above ground not to exceed six feet. 10.Applicant is allowed to have up to one (1), non-family member employee work at the business if necessary, with no children hired to serve the business until they are of legal working age, per Minnesota State Statute l8lA. 11.All parking associated with this home occupation shall be off-street on improved spaces provided by the Applicant. On-street parking may be allowed but only in front of the Applicant/Owner's home and limited during the day hours. All vehicles parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 12.The Applicant shall comply with all recommendations of the Building Official with respect to building, fire and life-safety related matters regarding the location and operation of this home occupation. An inspection of the premises by the Building Official is required. 13. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. RESOLUTION NO. 14. The special use permit is subject to all applicable codes, ordinances, regulations and conditions noted herein. Any violations thereof may be grounds for revocation. June 27, 2016 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. XCLES"IER Planning Commission Report Meeting Date: June 16, 2016 Application No. 2016-007 Applicant: Eric T. Decker Location: 4206 Woodbine Lane North Request: Special Use Permit for Special Home Occupation • Application Filed: 05/31/16 • Review Period (60-day) Deadline: 07/30/16 • Extension Declared: N/A • Extended Review Period Deadline: N/A INTRODUCTION Mr. Eric Decker is requesting special use permit approval to operate a personal fitness training business as a home-based business from his residence, located at 4206 Woodbine Lane North. The special home occupation will be conducted within the Applicant's detached garage and the rear yard area. The home based business may include individual or group training lessons; occasional customer/clientele traffic; and equipment not customarily found or used in typical residential dwellings. These contributing factors require the granting of a special use permit by the City Council, following review and recommendation by the Planning Commission under official public hearing process. Written notices of this public hearing were mailed to all residential property owners within 150- feet of the subject site. As of the preparation of this report, no comments either for or against this request, have been received by the City. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan. Single-Family Current Zoning: R-1 Two Family Residence Surrounding Zoning: North: (City of Brooklyn Park) East: R-1 One Family Residence South: R-1 One Family Residence West: R-1 One Family Residence Neighborhood. W st Palmer Lake Conformity to: Land Use Plan: Yes Zoning Ord.: Yes Subdivision Ord.: N/A Sign Ord.: Unknown or not under consideration at this time, Variance Needed for Request: No App. No. 2016-007 PC 06/16/2016 Page 1 BACKGROUND Pursuant to City Code Section 35-310 R-1 One Family Residence District standards, Special Home Occupations as defined in Section 35-900 are allowed by means of a special use permit. City Code Section 35-900, a Special Home Occupation is defined as follows: Home Occupation, Special - Subject to the further limitations of Section 35-406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondamy to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Per Code Section 35-406, the following are additional requirements for special home occupations: 1.All special home occupations shall require approval of a special use permit pursuant to Section 35-220 of the Brooklyn Center Zoning Ordinance. 2.No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35-310 and Section 35-311 of the Brooklyn Center Zoning Ordinance. 3.A special home occupation may use equipment not customarily found in a residential dwelling unit. 4.No special home occupation shall employ, at any one time, more than one person who is not a member of the family occupying the dwelling unit. 5. No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occupying the dwelling unit. 6 No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on street parking, the City Council may authorize parking on the street based upon a consideration of Section 35-220.2 and of the following: a. The amount of the applicant street frontage. App. No. 2016-007 PC 06/16/2016 Page 2 b.The rights of adjacent residents to park on the street. c.Preservation of the residential character of the neighborhood. 8.No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 9.No special home occupation shall include the retail sale of merchandise produced off the lot. DETAILS of HOME OCCUPATION Mr. Decker is a resident of the subject property, which is owned by Greta Brooke Heaps. The property consists of 9,900 sq. ft. of land area, and contains a 1,224 sf., single family rambler style residence, with a 24' x 36' (864 sf.) detached garage (see image below). z. Mr. Decker provided a brief summary on his personal fitness training business, to be known as Challenger Training, LLC, and includes the following activities or services: Activities carried out: Personal fitness training, including: • Initial meetings, consultations, fitness assessments, program planning and design. • Weight lifting (powerlifting, strength training, bodybuilding style training, Olympic style lifting, endurance training). • Cardiovascular exercise (running, cycling, rowing, calisthenics). • Plyometric training (explosive type movements i.e. box jumps). • Kettlebell training. • Boxing and/or martial arts training (physical fitness only - no sparring or actual fighting). • Unorthodox training methods (tire flipping, tire hammering, rope climbing). • Sport specific drills (cones, sprinting, ladders). • Stretching. • Restorative work (i.e. foam rolling). • Nutrition advice. App. No. 2016-007 PC 06/16/2016 Page 3 The business is limited to Mr. Decker as the sole employee and operator of the fitness training business. Mr. Decker indicates he hopes to have a total of 20 clients, with up to 5 or 6 clients per day utilizing his training services. Mr. Decker states up to 1 3 clients may work out together at the same time in limited occasions. Hours of operation limited from 9:00 AM to 9:00 PM Monday .- Saturday, with very limited 2 to 3 hours on Sunday. Sessions last typically about 1 hour, with longest up to 90 minutes and shortest 30-minutes. All clients will be directed to park on the driveway; and noise will be limited to music contained inside the garage. Mr. Decker also confirmed that he is CPR (Cardio-pulmonary Resuscitation) and AED (Automated External Defibrillator) certified through the American Red Cross, and is undergoing testing to become officially certified as a personal trainer through the National Strength and Conditioning Association ENS CA) next month. Mr. Decker stated he will not officially engage in any training until after said certification; and will be purchasing liability insurance through the same NSCA. ANALYSIS - SPECIAL USE Pursuant to City Code Section 35-220; Subpart 2. Standards for Special Use Permits, a special use permit may be granted by the City Council after demonstration by evidence that certain standards used to measure or allow a special use have been or will be met as part of any approvals. The following section highlights these standards (italic text), with city planning staff responses to each standard afterwards: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The Applicant indicates the fitness training and work-out sessions will be limited to 5 or 6 clients per day, and within a range of 12 hours in order to provide maximum flexibility to his clients. Sessions last typically about 1 hour. Most of the work-out and weight- App. No. 2016-007 PC 06/16/2016 Page 4 training equipment will be contained inside the garage, with limited outdoor activities or equipment. Applicant ensures any clients utilizing this site and fitness equipment will be closely supervised and monitored at all times; and all equipment shall clean, sound and maintained in good shape (no pun intended) and used in a safe and effective manners. Staff recommends that due to the potential for strenuous activities performed on the properties, the Applicant be certified in CPR and basic First Aid; or have available on site a fully stocked and accessible First Aid kit, and if possible an Automated External Defibrillator (AED) kit. Access to a phone or instructions/directions of the house phone will also be required in case of any need to call for emergency situations. Although this personal fitness training business does not necessarily "promote or enhance" the overall general public welfare, but moreover a select few individuals and clients, Staff believes this use should not be detrimental or endanger the public health, safety, morals or comfort of the neighborhood or adjacent residents, provided the Applicant maintains limited hours and clientele throughout the regular work days; does not allow excessive noises such as screaming, grunts, banging/dropping of equipment on the floor or ground areas; or allow loud music to emanate or noticeable from the adjacent properties, which would disturb the normal peace and quiet of the neighboring properties. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. ( The Applicant's residence is surrounded by similar single family homes on each side, with an open-space area and park to the north (which is City of Brooklyn Park). The Applicant stated he is considering adding a wooden privacy fence along the easterly side property line, which Staff recommends be included as part of any approvals. This fence will help screen any activities that may be viewed from the easterly neighbors, and shield clients working out in the rear yard areas or within the back garage/indoor training space. - ____ •l T42thWOODBLNE LN 206WODBlNE 4200 WOODBINEEN N 4118 W000BINE tNIN fr 1! App. No. 2016-007 PC 06/16/2016 Page 5 Staff is also recommending the Applicant provide additional fencing along the back corner of the garage to the north property line, and enclose the gap between the garage and the wing-addition from the main residence. This fence will ensure that all activities inside the garage and rear-yard areas are completely screened form neighbors viewpoints; and limit the noise and activity levels that neighbors may not be accustomed to living next door to such a use. Staff does not feel the rear yard to the open space needs to be fenced. Barring any negative comments or registered complaints from the neighbors, city staff will assume that this special use will not be injurious or take away any enjoyment of the surrounding properties due to this use. Should this fitness training use become a negative issue, or causes disturbance with the neighbors, the City reserves the right to take corrective action with the Applicant; or have the special use permit rescinded and order the fitness business to cease operations if necessary. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The Applicant's property is surrounded by similar single family residential uses. With the fitness use and activities limited to the rear garage space and back yard areas, along with limited number of daily clients, Staff does not believe this use will impeded the normal and orderly development and improvements of these surrounding properties. ci, Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. The Applicant's has a larger than. normal detached garage to accommodate up to two vehicles. The driveway measures almost 70-feet in length, which can easily accommodate 3 to 4 vehicles to park on one side of the driveway if necessary. On-street parking is not restricted along Woodbine Avenue, and on street parking may be permitted for short term parking only. Staff believes adequate measures have been or will be taken to provide ingress, egress and parking for the current residence and special home occupation as requested. The special use shall, in all other respects, conform to the applicable regulations of the c/istrict in which it is located. The residential dwelling appears to conform and meets all applicable regulations of the R-1 Zone. The allowance of this personal physical fitness and training business/use at the single family residence should not impact or create any unsafe or non-conforming situations that would deem the property unusable or dangerous to continue this on-site physical training and fitness facility. The City reserves the right to have an inspection by the Building Official of the garage structure, equipment and premises to ensure they meet all current building and fire safety codes, and any related life-safety measures. App. No. 2016-007 Pc 06/16/2016 Page 6 RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2016-08, which comprehends approval of Planning Application No. 2016-007, a Special Use Permit to operate a personal fitness training business as a home-based business from the residence, located at 4206 Woodbine lane North, subject to the following conditions: 1.The special use permit is granted for the exclusive operation of a personal physical fitness training business by the Applicant on the Subject Property only. 2.Applicant is allowed to operate the fitness training business between the hours of 9:00 a.m. and no later than 9:00 p.m. each day, and shall be limited to only 3 hours on Sunday (no later than 4:00 PM). 3.Any weight lifting or cardio equipment used in this fitness operation shall be used only under close personal monitoring by the Applicant; used in a safe and normal manner; and shall be cleaned, in good shape, properly cared for and stored inside the garage space when not in use. 4.Applicant shall provide proof or documentation that he is certified in CPR/AED and basic First Aid; shall have an up-to-date and accessible First Aid kit; and access to a phone for emergency situations. An Automated External Defibrillator (AED) kit is also highly recommended. 5.Applicant shall provide proof or documentation that he is officially certified as a personal trainer through the National Strength and Conditioning Association (NSCA) and evidence of insurance carried through the NSCA. 6.The Applicant/Owner shall install a 6 - 7 ft. high solid opaque privacy fence along the east property line, the westerly lot lines; and the gap between the front edge of the garage and back addition to the home. 7.All noises emanating from the site or music played during work-out or training sessions shall be kept to minimum noise levels, and shall not be overly discernable at the neighbor's property boundaries. 8.No retail sales or displays of merchandise and printed (finished) products will be allowed on the premises, either inside or outside the garage and residence. 9. Per City Code- Ch. 34-Signs, the Applicant may have one freestanding or wall sign for the home-based business, with the maximum size area not to exceed 2.5 square feet and the height above ground not to exceed six feet. App. No. 2016-007 PC 06/16/2016 Page 7 10.Applicant is allowed to have up to one (1), non-family member employee work at the business if necessary, with no children hired to serve the business until they are of legal working age, per Minnesota State Statute 181 A. 11.All parking associated with this home occupation shall be off-street on improved spaces provided by the Applicant. On-street parking may be allowed but only in front of the Applicant/Owner's home and limited during the day hours. All vehicles parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 12.The Applicant shall comply with all recommendations of the Building Official with respect to building, fire and life-safety related matters regarding the location and operation of this home occupation. An inspection of the premises by the Building Official is required. 13.This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 14. The special use permit is subject to all applicable codes, ordinances, regulations and conditions noted herein. Any violations thereof may be grounds for revocation. App. No. 2016-007 Pc 06/16/2016 Page 8 7U U Commissioner Schonning introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2016-08 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-007 SUBMITTED BY ERIC T. DECKER FOR SPECIAL USE PERMIT APPROVAL OF A SPECIAL HOME OCCUPATION ALLOWING A PERSONAL PHYSICAL FITNESS TRAINING AS A HOME-BASED BUSINESS IN THE R-1 ONE FAMILY RESIDENCE DISTRICT (LOCATED AT 4206 WOODBINE LANE NORTH) WHEREAS, Planning Commission Application No. 2016-006 submitted by Eric Thomas Decker (as "Applicant") requesting a Special Use Permit for Special Home Occupation to operate a personal fitness training business from the single-family residence, located at 4206 Woodbine Lane North ("Subject Property"); and WHEREAS, the Subject Property is situated in the R1 One Family Residence District, and pursuant to City Code Section 35-3 10, Subd. 2. Special Uses, "Special home occupation as defined in Section 35-900" are allowed in the R-1 District by means of special use permit approved by the City Council, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2016-007; and WHEREAS, on June 16, 2016, the Planning Commission held a duly noticed and called public hearing, whereby a planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and found the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2016-007 submitted by Eric Thomas Decker may be approved based upon the following considerations: A.The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or comfort. B.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. PC RESOLUTION NO. 2016-08 Page 2 of 4 D.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. E.The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2016-007 may be approved, subject to the following conditions and considerations: 1.The special use permit is granted for the exclusive operation of a personal physical fitness training business by the Applicant on the Subject Property only. 2.Applicant is allowed to operate the fitness training business between the hours of 9:00 a.m. and no later than 9:00 p.m. each day, and shall be limited to only 3 hours on Sunday (no later than 4:00 PM). 3.Any weight lifting or cardio equipment used in this fitness operation shall be used only under close personal monitoring by the Applicant; used in a safe and normal manner; and shall be cleaned, in good shape, properly cared for and stored inside the garage space when not in use. 4.Applicant shall provide proof or documentation that he is certified in CPR/AED and basic First Aid; shall have an up-to-date and accessible First Aid kit; and access to a phone for emergency situations. An Automated External Defibrillator (AED) kit is also highly recommended. 5.Applicant shall provide proof or documentation that he is officially certified as a personal trainer through the National Strength and Conditioning Association (NSCA) and evidence of insurance carried through the NSCA. 6.The Applicant/Owner shall install a 6 - 7 ft. high solid opaque privacy fence along the east property line, the westerly lot lines; and the gap between the front edge of the garage and back addition to the home. 7. All noises emanating from the site or music played during work-out or training sessions shall be kept to minimum noise levels, and shall not be overly discernable at the neighbor's property boundaries. PC RESOLUTION NO. 2016-08 Page 3 of 4 8.No retail sales or displays of merchandise and printed (finished) products will be allowed on the premises, either inside or outside the garage and residence. 9. Per City Code- Ch. 34-Signs, the Applicant may have one freestanding or wall sign for the home-based business, with the maximum size area not to exceed 2.5 square feet and the height above ground not to exceed six feet. 10. Applicant is allowed to have up to one (1), non-family member employee work at the business if necessary, with no children hired to serve the business until they are of legal working age, per Minnesota State Statute 181A. 11.All parking associated with this home occupation shall be off-street on improved spaces provided by the Applicant. On-street parking may be allowed but only in front of the Applicant/Owner's home and limited during the day hours. All vehicles parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 12.The Applicant shall comply with all recommendations of the Building Official with respect to building, fire and life-safety related matters regarding the location and operation of this home occupation. An inspection of the premises by the Building Official is required. 13.This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 14. The special use permit is subject to all applicable codes, ordinances, regulations and conditions noted herein. Any violations thereof may be grounds for revocation. June 16,2016 Date ATTEST: Secretary - -,-- J L-Randall Christensen, Chair PC RESOLUTION NO. 2016-08 Page 4 of 4 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Koenig and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Tade; Sweeney; Morgan; Koenig and Schonning; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JUNE, 16 2016 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:07 p.m. 2.ROLL CALL Chair Randy Christensen, Commissioners Alexander Koenig, Stephen Schonning, Rochelle Sweeney, Susan Tade (arrived at 7:08 p.m.) and Carlos Morgan (arrived at 7:15 p.m.) were present. Commissioner Jack MacMillan was absent and excused. Also present were the Secretary to the Planning Commission Tim Benetti, Business and Development Director Gary Eitel (arrived at 7:35 pm); and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA - JUNE 16, 2016 There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to approve the agenda for the June 16, 2016 meeting as submitted. The motion passed unanimously. 4.APPROVAL OF MINUTES - MAY 26, 2016 There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to approve the minutes of the May 26, 2016 meeting as submitted. The motion passed unanimously. 5.CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6.PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2016-007 ERIC DECKER PROPERTY ADDRESS: 4206 WOODBINE LANE NORTH Chair Christensen introduced Application No. 2016-007, Consideration of a Special Use Permit for Special Home Occupation of a Personal Fitness Training Business in the R-1 One Family PC Minutes 06-16-16 -1- DRAFT Residence District (See Planning Commission Reports dated 06-16-2016 for Application No. 2016-007.) It was noted that notice letters were delivered to all neighboring properties within 150 feet of the subject site. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2016-007, for consideration of a Special Use Permit for Special Home Occupation of a Personal Fitness Training Business in the R-1 One Family Residence. Mr. Benetti provided a presentation with background information on this item. Chair Christensen stated he wanted to open the public forum next and would ask questions upon hearing their statements and input. OPEN TO PUBLIC COMMENTS - APPLICATION NO. 2016-007 Chair Christensen recognized residents in the audience who wished to speak on this matter; and called for comments from the public. There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to open the public hearing on Application No. 2016-007, at 7:18 p.m. The motion passed unanimously. Lynn Stuart, speaking on behalf of her father Clyde Stuart (present this evening) 4207 Woodbine Lane North, stated her father lives across the street from the applicant. She stated their main concerns regarding the proposed home-based business are an increase in traffic and noise. She stated parking is at capacity on both sides of the street on any given day currently, so there is concern clients from the business would exasperate that issue. She also noted there are many school aged children walking in the area so an increase of traffic could be a safety concern for them. She stated the neighbor's dogs are constantly barking when people come and go and the concern is if clients are working out in the backyard as well as with them coming and going until 9 p.m. it will cause excessive barking. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Morgan, seconded by Commissioner Koenig, to close the public hearing on Application No. 2016-007, at 7:23 p.m. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Commissioner Tade stated she knows the traffic is an issue in that area and stated keeping the parking off the street would be best. Chair Christensen agreed and asked if Mr. Decker can use his driveway for client parking. Mr. Benetti replied that Mr. Decker has agreed to have client's park in his driveway whenever possible. He also noted the driveway is long enough for a PC Minutes 06-16-16 -2- DRAFT number of cars to park, and wide enough for cars to park side-by-side if needed. Parking should not be an issue. Chair Christensen asked Mr. Benetti if other residents have expressed any concerns regarding those expressed by Ms. Stuart. Mr. Benetti replied he hasn't received any other comments or [$IS)NJH1! Mr. Benetti noted the City ordinances have sections relating to continuous barking from dogs as well as it limits each home to two dogs. He stated if barking does become an issue the residents should file a complaint with the local police department. He also noted the same procedure should be followed if parking violations and unsafe driving practices are witnessed. He stated the local law enforcement agents are there to help keep residents safe and ensure codes are being enforced so they shouldn't hesitate to inform them of these incidents. Commissioner Morgan stated he believes the new business is great. Chair Christensen echoed his sentiments. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2016-08 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-007 SUBMITTED BY ERIC T. DECKER There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2016-08. Voting in favor: Chair Christensen, Commissioners Schonning, Koenig, Morgan, Tade, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 27, 2016 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. PC Minutes 06-16-16 -3- DRAFT City C©iuincli Ada Item N©0 la #1 COUNCI[L ITEM MEMORANDUM DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 1i4& * M-16( SUBJECT: Type IV 6-Month Provisional Rental License for 6713 Colfax 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 6713 Colfax Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on eleven (11) 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: 03-09-2016 The Owner, Donald Speese/Neighborhood Youth Community Develop, applied for renewal of the rental dwelling license for 6713 Colfax Ave N, a single family dwelling. 04-01-2016 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 05-03-2016 A second rental inspection was conducted and passed. 05-11-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-31-2016 The previous rental license expired. Mission: Ensiiing (FJI otracth'e, cIe(!It sfi'. inc1,she coJn;nunitr that enluijues the quality a/Iif fin' all people and preserves the public trust i]Jh'[i1 I U I I k'A Uh'A I h!A (I] 1WI P1IJk I 05-11-2016 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. 05-20-2016 A Mitigation Plan was submitted. 05-3 1-2016 The Mitigation Plan was finalized. The previous rental license expired. 06-20-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 27, 2016. 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. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an att;aclii'e, clean, sal', inclusive conununity that enhances the quality of hjc for a/I people and preserves the pub/ie (inst $1•J(IJ I N I IIk"A U I Ik'A (I) 1II flSh'A I 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. 4Jission: Ensuring ell,attractive, clean, suf', inclusive community that enhances the quality of I, Je fir all people and preserves the public trust [S1flhI[iJ S fl V h'A U I OWA (I] 1'WI I1SJ1 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. iifis!on: Ensuring an altractiar, clean, sf' inclusive coiiii,iuiuv that enhances the quality a/lit' for all people and preserves the public tract [iIIflJ[iJ I I 1hYA U I DW'A (I) 1'WI P1uJ I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) 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 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 Number of Units Validated Calls for Disorderly Conduct Category 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 A!LcsioIl: Ensuring an attractive, clean, suJi', inclusive cO?flFflUnhtV that enhances the quality ojlfe Jhr till people nn/preserves the public (rust sroisicii • u i ai oi EMO, FRIM Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractii'e, clean, safe, Inclusive connnumv that enhances thequality of :t for all people and preserves the public (rust MIMING AND ttNT1Y STANDARDSxr—ityfOOKLYN Rcntal Lri M iatorL Plan ENTER Type V Lkn Han d written MitJon Flans will not be eped A fiffbIc forci can be found on the Cty wobIte vt Iiyfbook1 nrrQ or c oil 7) 59-33O to havo an EdrOnIC copy sent to you vii email k :J GM coLrc VEt.UE NQRD ' BROQKYT QE tJE R tiN r ' I ct IJ-I rzi NEIGHbORHOOD YOUTH ()(AU) SPEE3 Li A e rMM1Nrr? bVELOPMET AVENUE EWING AVENUO TH s'kFA<• ,/Vi2 (612 62-23 -;-''" NYCDB i@H OT1ALCOM 11 12) 46 YCOP.kiHOTMAiLCOM . F F Based On property condilions .nd1or validated police ousancc idM the bovo referenced property qualifies for a Type IV-6 Month RCrit1 titerso. ?ricirto appiicon approva[ by the CciiruiI i fully completed Mitiation Plali must be completed en pprvod by City eiff A Mitigation FIi must be ompid immediately in Grdarto ensure time(y cometion of the license pp1icalion process. The Mitigation Piar should indicate the steps being taken to correct [dontilied Ltoiis and the measures that will be taken lo arLire ongoing Gompilapon with City Ordinances and applloabte codcs AMiUatiOn Plan &low tIe owner and the City to reviw concerns Emd den'ify pr)ssible overall conditions of the prOpt lithe TMIstion Pin is not aubrnitted and all iterns, are not completed within the piuriding licanse period or Ow above property operates beyond the license eprtiQn date, enforcement actions such as citation, formal conp1eiRt er ILcense review mey resuiL Before submittiq, fillutStOrA , and Ccatd onpeeZ3 4 and S. F9 T/ iV Pi7iDi 'Jr? 1ar, 44 cay QfD Tmcj jK jVij CL, 1nu mtiiity rI&t44 3131 ihis Graukrt-ME1OdiJB CciIclN Ed3C.2i f-r (1E3i 5E3-iO TTY: 71 13UILDT-WG AND COMMUNITY STANDARDS ROOKLYN BROOKLYN CENTER, MN 55430 Rcnthl Ll c4 nse Mjtigat[Wi P lanCENTER Type IV License 7 Scttons Jk—Crme -iI U^41gFFagrrI1 1?thrments I 1 L I 1) Uo a %T la e n l e ase agroanient The lease a greament 5hIt include the Cime Free HoL&rig Loase AddOftc{uiit A copy of the lease a g rea rri c M a.nd Crime Fr Housing Leazoe Addnd',jrfl rnUt be atfthed t15 the Foliti ga tion Pl a n wh e n jjj 2) Agree to pursue the tarmirition of Iee rrnnt or ctIor of t,,^!nwi ts WWvlotale th errns the jease or any 2ddndL1m& 3)Conduct Crimlrj eL l bacic(aund check for1l new pro s pective enants If it Is a current te ¼fl new background check is riot required. Mt be ithts to provfde docMefliIOfl to City if requested, 4)Attend a City ppro'edeight-hour C6rno Free Hou s i ng Lrairiüig course, Information for approved courses cn hA found Ct wwnmicpanet under the Trfrng end Events tab. A copy o f Crime Free Hthçj Cetfl4e Miust be attachtdfoth Miti ga ti o n Plan wher sub m ittadi Crlrnc Free Housing training was Garnipl4l ie d ni5 schthi3ed (or: i Owner or ?gent e dfl pIrming to aterd trairirig at dt'j of: DROCLYN PARK ) Submit MnthIy Update by the 10 day of each monfli Phe H 1) CompleLo a Security Asesment a nd i mpl ntmprovarrt rsqueted by the Brciok1yn Criter Potice tpatmer To thdul irItIatQrflow-uP Sacurty ont call 763) 59-3-34 A foftowsp asne S 4j Mftt Must be mpletd befer the Iic8 rise epEratieri d o te to verify tho s oc ti rit, inpnov oit hiv heeri irnp1crnenterf I( urity Arnt has been previously completed, write the nletio data-s ecurity Asesarnet was rxrnp le led orjis sceciu ror: . I Security Ass eSSM6RL f011OW-UP wa rpited oWls scth1led for ILI Continue Se c tions A1 Phe HI pape 2/ tvr ral P1'i 4-Y4-5 City 13fl3 rD D kTy711 Crttmuni1y tn 1arth DrtmtnL 1ft%11t.C4i G3O 5nIr4 Crti crckl'n Crkr, 4FJ53U219 ir: ç7E3) I TT h11 1x.: (Iz 5i-3ti1) BVMI)ING AND COMMUNIE( TANDA1tDS cily of e711OTHBROOKLYN F3PQOVLVN CENTER MN Rental L1cen Mi6g at id ri PirCENTERType tVLicense Ir* Anme Free HquThI Prar R.qvfre c9nt'J Phase hi J 1) Ownee or agani YAll attend at mirinurn O% 2) of th a ARM. meetings. The A.R.M. meetin g s must be c o mpleted within the rertl 11carosa p e riod a nd before the p v i ding Type IV Licens a expirtiori date Reisatln Is rt r ecl kilro o , however you must slgnin duriftg the meeting- Wt t-xi de-5 en owner or arg ertt p&i to ttend Owner or aunt win attend AR JO, rr1ings schedulad on: 2) He no rep ea t coJe vIoktiens prvIouly d Qrnerded vftb iie patyeer The fflwEn tton5 a re required for propert i es with four (4) or more ui,lts 1) Gnndirck rinitrirIti nnuly tlliol inolod n'^rrne proniontec hniques . 2 Conduct roL2Ier res i dent meetir& pgge- 11 TYt'i Mg Fi'Rv 4-4-T Cpniq l-R uilding a n ti Cmrnu.mty StEu gell3d s €31 h'rij1 Prway, rcIiyr M14 4O-219I Pii -. (72 I ITY; 711 Fr (13) -li RIJ IMMO ND COMMYNITY STANDARD S j 6713 GOU:AXAVENUE NORTHHLYN aRoLN I L? nsMItLtaUori Plan ____ Type IV Liceri iSetions —Lon Trrn Cpit) ImpYWnch I J3j'j I Led on condition and are, e stimated rep[E1cmarIt datin need to ba prcIdOd for curnroori ca piUal items. Fuidnq iouId b toriIdôrd ccodri.gty Items th;3t are broken, worn, or oth.r,'i fti vlc'Ition pro to tha tim if ropIccornent d&e need o be repIoed sooner PJt ierrs rnu.t h:ve a d-13ta for Es dRplicr.'tD.e. Dte vii ac: "unsure", 'don 't know", Or 1 'whri broken" will not be accepted ifou are vmure of when tm wIt nd to be rpitOd, you .ca n make a predic t lorL based ciri the appearance, condition. ar ri41acture,ndus1ry recommendations, Additional inormtion on ExpectLd Usaful Life tan bofourid at wA',hudgov. Item Date La s t Repla ced Colditfofl*Ex pect e d. Rp1crnetit Date Empf& WrHeater d'.yOW 'F( "'M3Y 2OO ¼ ç t;k iXy 2008 ¶J May1Furnace Jer1oat'r 2014 GEl Kttohn AppEances J ;^n 20 14 N Jam 2021 L a undry Applian c es 20113 June 2021 SnicikQ NarrrJ P1)tE My2o1aCarbon tdtcno>de A113m15 Exicor Roms - PaInU5, Iidfnq JU!11 20 13 June 2020 V'Jindow.Apfll 2 0 110 f]AprI 1'0 Rcif July 2005 JI 13202 Fence May 204 2025 Shed JUna2O{k3 Jtr2025 Gra KIA ________ I)rvO'llay 2)Jur 2020 Sidewalk.Jul e 2P05 F Juno 2020 ChdiIibn .AbrOlatn1 =N Flr=F Rp3cneJlR Pari. Rw. 4-146 cy ik tBUil'U C nnvimily ndtI ptniiit €31 irielrk nBrco!n Car, 5s4.30 -2i 'hOfl 171 -3G T1Y 711 I F:c?O) BUILDING AND COMMUNITY TANTWICity of 6 711 C V LNUI NORTH I CENTER oc'H I Rental Lfconso Mitigation Mr Type IV License - 3ecticir C—$pt'/ir v&M ,emen and ,CQrWrt10 01FwpoDj I Th in Iôiii ri eiori hie ben prô'.'en to with property management and property Irp, Time following actions.9re required; I ) Chck-kv/th teaiitO-iy J 2) Othe by property to check for pos&blo coo vIoIUa. 3) EvIct, riarits in Violation of the lease or any addondum. [3 4) Rermaln turfeM on 211 utilitV reas, toxos, ecnont, flre. pnIio, 2nd oho fftandaI cInimsJpynients dire to the City D 5) Other; The foJIOWlig tjonr. am optional unle&s.requirpcl. by the City. [j ii Provide Iav,'nI.now service LII! 2) Pivlde rbe rie. L13 ) lfl'LtI SOCUrAy systern, LI 4) Provide rrifltflflce 5ervir,,A plan for appliainces, Nam-, of service ornprry: 5) Other: If the Type IV-6 Month Rental LIano prrovd by the City Coiwdt, the licensee must ccirrpIy with the approved MitibQn Plan and atl pp1icnb! Cfty Coths. A written report must be ubmJttd by the lOhth y ofah month with an update of actions bcflno Ukon by We ciwliOr anitor f1gent to comply witim this Titiflon Plan, A cpy of the Monthy Upd eeribefourid on pae7. A fihiab!e fcrr can be found on the City's vebite at or call (763) 5693330 to havaianeflectrorita copy Wit to yu vio emaiL Plea attach iRdiciftlanal thfQrn1d16n if necsry4 P4ig3 O Tyit/IU,j V&t Pi, Pay. 4 -445 820 a city of )t C truild1 t'U7l.Lt i1 Dthnt 3hjI Cr,k P- CiLo /N 65-,t30 ,219-D 1 NP iW ') TTY. 1 I 1 F tT) il) XBR CGOIMYN BUlL )TNG MD COMMWqT?W 5AD1UD City of 6713, LFPY ENUE HUF(I H ROOKLN CENTER, RortaI Lkis Mitigation Plan TVp& P1 Licinsc Sgn ridVrift I \eriy tha t all liformaiQr proldciJ Is true ar.d a Dcurate I understar.d thall if 1 do not Comply wth the a pproved Mjtiaioi Plan, Wlh aIFms wthir the [cerise perd, or oporae beyond the corso ecpfrotion date, encircemenkOctions such as clatlons, form a l con'pIairis, or lic e nse, re-vow m a y re-i.It. Neljrhoc'd YiuIh Onnrruniky bn!d Sp edso Oir ctAii Na ,td 71 U O;vvfcr k7'i Da ha ia? ONPefwA - )irf wre Mth) Dpfj City Sff ch'Iy Pc'K' tflii'I Date ^-12-.-) /b^- / - I V e4i Lit: Er) . -14-15 City . ridy C t—iNdL id CQmxtth1itY id h 63O1 Sin Orkr y, E1r(A,ri C-*it IN 551C21E I Fhcie:{T3) 330 I 'T1'1 711 1 Fix; (79.3I6a City C©lLmdli Agda Hem N©0 1©a #2 COUNCIL ITEM MEMORANDUM DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerjv"4*^k SUBJECT: Type IV 6-Month Provisional Rental License for 5301 Dupont Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5301 Dupont Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Back g round: This owner is applying for a renewal rental license. This is a 1 building, 6-unit property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on twenty eight (4.66/unit) property code violations found during the initial rental license inspection and one (0.1 7/unit) 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: 01-29-2016 The Owner, Minnesota Apartments, LLC, applied for renewal of the rental dwelling license for 5301, a multifamily property. 03-01-2016 An initial rental license inspection was conducted. 28(4.66/unit) property code violations were cited, see attached rental criteria. 04-18-2016 A second rental inspection was conducted and passed. 04-29-2016 City records indicate one (0.17/unit) validated police nuisance incidents occurred in the past twelve months. Incidents were 09-15-2015, theft from auto. 04-30-2016 The previous rental license expired. fl'1i.sioi,: Ensuii;g an (lttI'UCIIVL, clean, saf', inclusive comma ill/v that eiiliuiices the (JluliitJ of lift ,/or all people aiidpi'eseives (lie pa hi/c In a l l[I1SJhS1 IU V W'A L I k"4 (1] 1I 1IA'A I 05-02-2016 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. 05-20-2016 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. 05-23-2016 A Mitigation Plan was submitted. 05-31-2016 The Mitigation Plan was finalized. 06-20-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 27, 2016. 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. 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 1J!ssion: En.cwing an attractive, clean, sn/i', inclusive cwninnniv that en/iaJics the qiinlltj /l/l' J'a;' all people and preserves the public trust :si.isii • . i jjp --^qj 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. Ii'Jission: Ensuring an attractive, clean, stift'. inclusive COnlflWfUtV that enhances the quality oJ'lif ,for all people and preserves the public trust S[I1UIJ IflhI I$Ik'A I I M'A (0] 11I flhiYi 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 (iltraCilic, clean, safe, inclusive conunuuuta that enhances the ijnali(j' 0//IlL' fin (ill people and pieserves the public trust II1II[* I N I *'A IhY'A I Ih'!A (I) 11h1 I]JJ'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) 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 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 Number of Units Validated Calls for Disorderly Conduct Category 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 0-0.3 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 fl/fics/oll: Ensuring an attractive, ck'un, siifi, inclusive cominuniv that enhances the quality qITP for all people and preserves the public trust EI1BJ[I1 fl U I k'A U'A I bIYA (I) 1a!I P1SIh'kl Budget Issues: There are no budget issues to consider. Strategic Priorities: . Enhanced Community Image Attachment - Mitigation Plan fJiss!on: Ensuring, an (ffr(lct'e, clean, safe, WeInSIVe canunumic I/mt enhances the quality of lift' for all people and preserves time public trust BUILDING AND COMMUNITY STANDARDS City BROOKLYN Rental License Mitigation PlanCENTER Typo IV 1-1cns Hand%witi M/ t1o2 Plan s will not be ptcf A fiUb!e form cary he fou rid on the City's websitet Mn ttbrok1yneriter,org or call (7&3 9-333O to have n electronic copy sent to you via email, 4y. Property Address: IDuporitAa rl MunGpo1. Mt Owners Name(s): CREA Mmt Owers Address 1023 Purgatory Rcd Edemi Prime, MN 55247 Owners Phone (312) -° Loc-al Agent(s): Trevor ThrontveI .Agent's Address: lGrovelBnd Terrace $Ulle 20 )AinnepoIi, MN 554 ,0$ Agent's PfiorI@: (612) a-MM Qvinef Email: brjagrawa1grn1LC0rn Aentts rnail: rthrntmBiLccrn Current Expiration Date Pending Expiration Date,il (SU marylls frant cuwnt 0UxPbV,*n)/ eased on property conditions arid/or vaildaled police nuisance incfdents, the above referenced property :qualifies for a Type IV-6 Month Rented Lcense Prorto appliotionapproval by the City Counoi[ a ftlIy crnp1eted Mitiation Plan rnustio completed and approved by City staf. A Mitigation Plan must be completed irnmedl1sty in order to en5ure timely completion of the Icene application process. The Mitigation Plan &liould indicate the steps being taken to correct identiied violations and the measures that wilt be taken to ensure origong compliance with City Ordinances and applicable codes. A Mitigation Plan allavm 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 pecdhig license peflod or the above property operates beyond the license expiration date, anfoncerieM actions such as citation formal crniplaint1 or license review may result. Before submitting, fillout Sections A t, B and C ioated on pas Z I 4 ! and Pecj' Ltc P.'t, $-w. 444-1 VltyDf wolt1y ç uId1n iii Cxttuunity Sfaw1Axd&DftFartM8n1 I1r1 ii,crlr cir 6301 IC GrCk Prkwy, roIn Center 5421 Phiit:(7G7-)33O I ITh 711 I Fa:c tT63)Ee3 BUILDING AND COMMUNI TY STANDARDS GthJ o f 501 EJ n1 AveNROOKLYN 1lrnEBp 'iI MN S54WJ ental License Mitigation Plan Type IV Loese Sections ACrjrn9 Free z1 Progra m Requfrcrtins Phase I [] 1) Use a written lease agreement. The lease agreement shall include the Crime Free fousIng Lease Addendum- A copy of the lease areemont and Crime Free Housing Lease Addenthm must be attached to the Mitiation Plan when submitted. J 2 Agree to pursue the termination or lease agrarneM Or eviction of tenants who vlolate the terms of the tease or any addandurns. [] 3) Conduct erriu1na1 background check for atl new pro5pective tonant. If it Is a current tenant a new background check Is net required, Must be able to provide documentation to City If requested. EI 4) Attend a City approved eight-how Crime Free housing training course Information for approved courses wn be found atAwImncp2,f under the Train!ng and Even/s tab. A copy of the Crime Free Ho4slng Certificate must be attached to the 7 1iitiqaticti Plan when subrnittei, Crime Free Housing training v ascompleted on/is schediiledfor' Owner or aerit attended/is plannfnq to attend training at city of: 5) Sub mlt btonlbly Update by the 10 day of each rnoni9i, Phase H J 1) Complete a Secx.niiy Assessment end implement improvements requetod by the Brooklyn Center Police Di3p2ffinent. To schedule an initial or fallow-up Securhy Asesment, cell (7) 9-3344 A follow-up assessment must be completed before the license ex pIratton date to verify the security improvements have been implemented. if a Securily Assessment hs been previously completed, write the completion date, I I -:t,-Sec Assessmert was completed on/is scheduled for: Security As ssment follow-up Was completed on/is scheduled for; If 7-) Continue Sections A Phase Ill on page 3. P9 2/6 Tll%v. Jv Rseirar ticeAsa tkLki P0(1, Rry, Ct'of Ir k1y Cent—ii1izi c IyStaiIiid flp,rtmt 3OI Stiirie Ctek Prkw3, Qkyn Cwitr, 4N 4-i I Phu ti-a33o 1 TTY; 711 I F (76)5d-33O(i 1flLDINC AND COMMUNITY STANDARDSXty of Dupont A N NTER Mnripo1l, Rental LicenseMtiat1on Plan Type IV License Sections A Crime Pa.o housIng Program Requiremen ts (continued) Phase HI ) Owner or agent vJ11 attend at mInrnurn 50% (2) of the ARM. meetings. The ARM. meetings must be completed within the rental license perlt and before the panding Type IV License expiration date. Reitration is not required, ]owver you mutaIjr-ri during the nieUag. Write to meeting dates an owneror agentplart to attend. Owrer or agent ,,Vill allerd A R M rrie0ingsschedulCd on, 2) Rave w repeat code io1alion previousry dociii1e1ted th tho paL year. The following actions are required fcr prapertlea with few 4) or mor units, j1)Conduct resident training annually that indudes crime preention techniques. j2)Conduct regular resident rrweUn9, p 'v6 Typv WR.yite L(C e,,1S6 Mw, R'v, $-N45 - of b1tiy rIk1 an CorniIty rd± DaTtrnt it1crfl8LC( 3O1 5hrgIi Cek Pr}c.y Brioiyn Cent&, MN 5D21t9 Phin:(T&.3) 53) ] 1T. 711 I F 783) -2.3& :)Cj:erjOr Items Paint3id ing Window Roof Fence Shed Garage Driveway Side wal k5 O1her, Boiler Brilk 2003 Flat Rr,*f 2000 No Fni No Shed No p o t hc1 no creks ot xeiking 1 6: XIBRC BUIMING AND COMMUNITY STANDARDS BROOKLYN r-AinrLeap-culis, MN 55430CENTER 'rype IV License Renta' Lir-onse Sections B—Long Thmi Capita! improvement Plan Based on condiUr, and a0e e5tirnat& replacement dates noQdto be provIed for cmnlon capitI Items. Funding should be considered accordiny. Lterris that are broken, worn, or otherwise In violation prior to the estlmatQd replacement date need to be neptaced sooner, All itoms niut have e date for Esqimafed Reprbcement Dao. Oats such a: unU, dont know', or 'whon broken" witi not be ated if VaLk zre unsure of when an item wili need to be replaced, you cen make a prcd[cton based on the age, appearance, condition, orman'ifadureThdustry reconimondeboris Addition nforniston on Epected Useful Life cr be Iourid at www hud gov Item Exmp(e; Water Heater Furnace Water Healer Kitchen Appliances Laundry Appliances Data Last Rp!ced May20 tO Boiler 1arc.1'2QO4 21)10 Leased Marhinas Condition Expected Rnt Date F May 2020 G El GEl DELL Smoke Alarms Carbon Monoxide Alarms Mafch206 eron ditl on Abbrvlaloris 13 El ________El JfJ El 21)2!r ' 7T -7 i Gecd=G Fir=F Needs RaplaoeroantrR PlUe 4116 rE V Lrr)Ei' Mi qr;vn Piri. Rv, 4-44 City th61d1p c Biin M rnm1nty Standards pErttEn 61 hiiIE CrLc Pr1 arklii Cinkr M4 4 40 21 I Pri () 53 33O [ TTY 711 1 Fii 600 TJILDINc A? COMMUNITY StANfl!RDS Oal Dupont Ave Iq ENTER Rental menF-e mitigation Plan Sectifl$ C--Steps to Improve M anigg eMent and ConthWOoS of PrOp!tY The items In this section have be provon to assist %%4th propetty niangCflWflt and p roperty Une- The following act1on are required: 1) Check4fl with tenants every 20-dy rivu by pro)ertY to checkfor possible code v01ationS ) Evict teian(s n snoletIor o f the lease o any eddendums. ] 4) Remain current on all utili ty fees, txeS asesrnen iine5 penaItie and other flrrai clal /payrnent5 due to the Gity El ) Other The following tions are optiøflt unless requited by the CIty, 1j I Provide laWflI5flOW saMce. 2) Provide garbage EervCe. [] 3) intiU y5teTh [] 4) Provide malalenanceSONIGO plan for app1iW'CCS Name of aeMce companY 5) Other if the Type JV-8 MQn1h Rental Li cense is approved by the City Council, he licensee niuSCOi1PY with th e approved Mitigation Plan and all appihablO City Codes, A written report rrtuS be ubmitted by the 10th day th ionth with an update of tloti being ialen by the owner rnid/or agent t comply with thIs Mitigat1O Plan. A copy oRhe Month'y Update can found on page 7. A iiiiabe form car be found on the CitiS websEte at A i ciyoWrOo ent&0r or call (763) 69-3330 to have an erectroilto OOPY sent to you Nia emaiL Please attach additional information if neceY. pse MCIT P,'ai, &v 4445 Ci*V f mi7 tndd DeprtU1l1tt €i2(T S1O Creek Pc' BJJ1 Cenir, M 1N 3O-21 prn 7E3) 5O 1Y- 711 Fax' 63)569-O BUILD INC AND COMMUNITYIXcity- ofCr Minneapdis, MH SS43CI,CENTER Rental License Mitigation Plan Type IV Lfcen:se Sign and viiy that all infomiatlor', provided is true and 80OUrate. I understand that it I do not comply with theCpproved Miflgtlon Pan, comply wh all Items within the lcers petted, or operate bend thelicense pirton date, enWcemenj ac(tens such @S citticns, formal con1&rts, or lfc-unse reviewmay reuli (Jw)&'r orAge!?s urc Joanna 1hickr 6 /1 fle, 5i201201 Data Add.i orAgent blame arif T1Ui (T Ptirit) A cVfrbn a, :?Wfl of .4irjrn! Sn&ittre (ff App ) City Staff 7i1,4: Ct ______ P& 1rnt \7-7 mfL6& /' ad C0J7?rnQJ1Jty Strij,r Dprthen Nrr -f415City of ElmottlyA C entpp—B u ildi ng Côtunii±ty iD-t Ndtbyn[er.o€301 hinIo creEk Patkksay, W-gk!yn Cer1er MN 564 SD-Z' I Phc; (Th3 563-330 I flY: 71 F (7€ -a6 Oty Cunidli Agenda H©m N©0 10a #3 COUNCIL ITEM MEMORANDUM DATE: June 27,2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City ClerkJhit& 14r4Zk_ SUBJECT: Type IV 6-Month Provisional Rental License for 5636 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 5636 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 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. B ackgroun d: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on thirteen (13) 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 attachd copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 02-28-2016 The previous rental license expired. 03-31-2016 The property was posted as unlicensed. 04-04-2016 The Owner, Sam Yen Liew, applied for renewal of the rental dwelling license for 5636 Humboldt Ave N, a single family dwelling. 04-08-2016 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria. 05-04-2016 A $300 Administrative Citation was issued for renting without a license. 05-12-2016 A second rental inspection was conducted and passed. Mission: Ensuring au attractive clean, safr inclusive community that e,eliuiiees the quality a/life // people an (I preserves the public trust i1IJ[iJ I N N I Dk'A L'A I IIhYA 0] II P1IJ I 05-16-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-16-2016 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. 05-25-2016 A Mitigation Plan was submitted. 06-08-2016 The Mitigation Plan was finalized. 06-20-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 27, 2016. 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. 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. 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 Mission: Ensuring an attractive, clean, saf, inclusive comnwullr That enhances the quality Jlif br all people andpreserves The public trust [IS1SJh(iJ I U U I DW'A L!'A I kV'4 (I) 1I I1lJkAJ 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 atti'active clean st inclusive cinflWu1t.3 that enhances the quality /bfe for all people and preserves the public (inst iiuJr.J i • i u i (I) asia i 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: Jinziring an attract/pc, clean, sufi?. inclusive conmwnitr that enhances the quality of i/f i for all people and preserves the pa h/ic trust Ii]Ji[iJ I I 1k'A U I [I) 1I PlSJh'Al 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 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 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 51813.0 1, 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 Number of Units Validated Calls for Disorderly Conduct Category 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 JLsioii: E;iztriisg an affiactii'e, clean safe inclusive c0mflUuu13 that ea/lances the qualitj oJlfe for all people and plcerves the pub//c (lust [i1i1PJ[J I fl N N LU kA (I) 1I flhJ I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan 31,sswn: J'nsnr!iig an alli'actii'e, clean, safe, inclusive conunuuiti that enhances the quality aJ'l!1' for all people and preserves the public trust BUILDING AND COAIAMNM STANDARDSJ 'City of BROOKLYN - J CENTER Rental Lie Type Plan Tpe1VLicense HandwrIttan MI] lion P1a:s tvffi e aceepied. A 1Ifabie form con be found on the Cys website at 'w'i.cityofbroklyncenter.org or call (76) 6-333a to have an electronic copy sent to You vL &naiL Property Adds Humbldi. Ave Owner's Name(s): Sni LkV Local Agent(s): Owners Address:Agent's Mdres: Owners Phone: 952) 4-100: Agents Phone: 40003 Ow-net's Email: amIiw1 3nli.exi Agent's Emaili -miw1 jer'ru Current Expiration ate: ,, - Pending Epiraion Dale; /SL iri wti UFA ert rtbi 8;qs:etj on propetty condtion end/or validated police nuisance Incidents, the above referenced property qualifies for a Typo IV-6 Month Rental License Prior to 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 enswe timely complatiort of the license application process. The Utigation Plan should indicak the steps being taken to correci identified violations and the measures that W11 te taken to ensure oncing compliance with Cliy Ordinances and applicable codes. A Mitigation Plan ailows the owner and the City to review concerns and identify possible solutions to improve overall conditionS of the property, If the Mitgation Plan is no submitted, and all items are not completed %-ithin the pending ticerise tiid or the above property operates beyond the license expiration date, enforcement ac.Uons suoli as citation. formal compiaint or license r'vicw may result. Before submitting, fill-out Section A. 0, and zC ocatoc1ori pages 2,3,4, and 5. 4-r4-i city o f kyi ct—Builcti AnA Community Standard priTni w.eiLyullkIrrn 6293 1 Shiiiyl C*A Parky, Oc -j Cc-iiCF. 1AN 55-21 t'i I Phone: 63 56 22a I rr 711 1 F A: 76) -36 BUILDING AND COMMUNITY STANDARDS Ity Of BROOKLYN Rtei License Mitigation PlanCENTER Type IV License Sections A—Crime Free Housffig Frerm Req;frements Ph ase 1 1)Use a written leas aqreernerit, The ieae agreement shall include the Crime Free Housing Leaso 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 aeem ent or eviction of lenanis \'ñlo vIolate the terms of the lease or any addendum. 3) Conduct criminal background check for all new prospective tenanis, If it Is a current tenant a ne'i background check is not reqwred Must be able to provide dc(Yrnenttion to City If reueste, J 4) Attend a Cftr approved eight-hour Crime Free Housir traning cours'i Information for approved Courses can be found at www.mncparret under the Traig and EvonI tab, A copy of the crime Free Housing Certlficat must he attached to the Mitigation Plan when submitted. Cdmo Free Housing training was completed onJisschedured ta t VL I Owner or agent attendediis pFann]n g to aUend trnirg at c i v of-, 5 : b) Submit Monthly Update by the 10n day of each mcnth, Phase H 1) Conipiete a Security Assessment and implement Improvements requested by Ihe rooklyri Center Police Oeparfrnent To schedule an .InitLl Or follow-up Security Assessment. tail (763) 563344. A follow-up a esn1ert must be completed before 'the licelise expiratiori date to verify the socurily improvements have bean mpiernented If a SecurityAssessmp nhlias been previo sly cornpked. write the completln date,S1 Secwq Assessment was completed on/is Chdu led f D.c k)-L3 '' 2Di Security Assessment follow-up was, completed onñs sched uld (or:. M'L 2Q Continue Sections A Phase UI on page 3.- ATOP i/C:, Al Fr:'L L: Pri,Rev. 4-1-45 City at Brooh1yn ciiy 5±anards B ip.artrnM 1 Siivg If, Crc aiun cap, MN 554-30-21g0 Pt-r: ?i53 553.3 1 TTY- 711 a x: çr 55g 25U BuILDING 2WD COMMUNITY STANDARDSI /' Cityuf ( BROOKLYN j 1Jce Mitigation PlanCENTER Type IV License Sections A—Crirnc Free Housing Pr !at qrfrements (conth]&&) Phase U] E1 1) Owner of agent will attend it minimum 50% (2) o ihe ARM meetings. The A,RM. rnotngs must be completed wfthh-i the rental Elcne period nd before the pending Typo Iv License ep[r1lon date, P5tr3tion is not required however you must sn-in during the meeting- Wrile two mcotlnO dates an owner or agent plan to 211Cnd. 1 (fs Own or agent ,;,.1H attend A.R. 1tketiflgs hdLded on:l 1 J I ncf)[ A /f L} l-f.ve no repeat code violations proviouiy documented with the pt year. The following octions are required for properties with fr 4) or more tinits 1) 001dUCt resi(eiit tranirg wivally that includes ccim prevention techniques. Lii 2) Conduct :eefflar residert meetings. p - r-45 Oiy PUBrOOR311ft GefttL-k—Buffdinq and Cnmnurdt'j $tarkdalAa Depui -tmrrtt 6311 ShiIe Ck Paky. P M -z' k-1 yn ,Ov,r1r MN 65 4 -2i9 1 Fhh U,3%130 TTY 711 1 F P x t 56-EO RIIILDING 2D COMMUNFI1 STANDARDS I BROOKLYN Rental Lie Mitigation PLanCENTER Type IV License "t i n ris 0-0n9 Term Capital Improvement Pla n E32sd On Cond i t on and age, et-mated replacement dales need to be Provided for oornrnei capiaI itens. Funding should be condeied accordinç:y. lenis that are broken, worn, Or Othewie in vioUcn prior to the etiniated rep[a dale need to be repLaced soener. All i tem riiu3t have a d a te for Estimated I ep?cmont De. [)at such a:"unsure", "don 't know ", or when broken 1 will riot be accepted, If you are unsure of v&ert an item wll need to be roplaerJ, you can rnakca predcai based on the are., La ppe a rance, condition, ocrreriurctureiindustry recomrnondcticns. Addiionai lnforrnalron on Expected Life -car) he found vA'w.hud.ov. Item Data Last Replaced Exmpie: Water Hear i1fay 2010 Furnace Sept 200 16 \Vater Heater April 2006.- Ki t chen Appincas Laundry Appliances Smoke Alarms! Carbon Monoxide Alrrns C2fl1 Conc1ftion Expected R e placern unt Date F 'iy 2d2O C May 2020 G Apr1 2020 N Jan 2040 NONE N Di>; 201 E1e iIQni PaiflLSidin Windows Roof Fence Stied Ga rate Onivewiiy idewclks Other: Mh 109S G No v 20EU June 2MB July 2000 .Arip 7 005 Aug 2000 NONE NONE NONE NONE Aug i97 My 2020 Wa y 19 3 ry 2CG NONE NONE Ccndit:.n Abbrea1Ion Now=F1 Gci=G No u ds Repl&ernentR P17 Ty (V Fo rd-a I Llc er {'iñi P), Rw 4-144 1ij e ie>11yn C ehfe r—B ldlding and t1X LU.Uy 141i Dtrtmcnt C3D1 Shinl e Cr ^ e k Pip Cryi eeiter, 1 Pilo ll 3) -0 1 7T?. 711 1 F; (?(;) 0iO360 BUILDINC AND COMM1INITTSTMJDARDSCity ff?f flROOYN Rentai Liceiee Mitigation PlanJ\CENTER Type IV License Sectiotis C—S te ps to ffiprove MarP9ernent and Conditions of Prop erty The itenia In this section have been proven to assist with property management and property image. The blowing actions are required: 1) Check-in with tenants every 3D-days. 2 Drive by property to check for possible code violations, Evict tenants in viotion of the lease or any addendums, J 4) Remain current on all utility lees, taxes, assessments, fines, penalties, and other financial clairnsipaymenis due to the City. 5) Other: The following actions are optional unless required by the City, 1)Provide lawnisnow service. 2)Provido garbage service- 3)InstlI security system. 4)Provide maintenance service plan for appliances. Name of service company; 5) Other: NONE If the Type tV-o Month Rental License Is appo'ed by the City Council, the licensee must comply WLth the approved Mitetion Pion and all applicable Cij Codes. A written report must be submitted by the 10 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 fDund On page 7. A fillabla forty) can be found on the Citys website at wwcityofbrooklyncerteror or call (76) 569-3330 to have an electronic copy sent to yoi.t ia emal Please attach additional information if necessary. Page &v jJi.i P/mi, v $-4-6 I Is- City of Broody Cner—iii1clin irI Cmman1ty SmicIard ciL#oFbkJyierr.ç s:i01 5hiigi r Ork Pi rkw, Brc Cihr, MN 5D11-2 1 ei' I F'hon: YEa) E6 3 ,' 13 20 1 TTY; 711 1 Fax; (763) 63OC BtTILDTMC; Nn COrMUN1TY 'nLa! Licn Mtiqtin Plan - Typo, IV LcctioL Sign and VerIfy I VDfl/ tIi.i i ii hi 1011 I1 I1JCI IIJ.,-,, a ,-oCl 'i ii :i'iitd 9' 51 ' In I'i1 COfll iIy v4,41 ,1 1c ici co 1- i pi Li aD r or hycii 1 c u.i:tc thi j:I:; ii:n, rnii iii10 01 i:0 'yijy mj 1C LI. ' C) ':l. Ir Uzri ry o ?,A 4y 'zv ^-- 02^.- , /-/-z V p Ciy L -, c I C ii )&riI1Td5 rt11 t ! SI i:' i i f2 fiic City Coiimil Agenda Hem N. 1[©a #4 COUNC]IL ]ITEM MEMORANDUM DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Sharon Iutson, City Clerk 4W *"&^— SUBJECT: Type IV 6-Month Provisional Rental License for 5548 Logan 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 5548 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 single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on seven (7) property code violations found during the initial rental license inspection and two (2) 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: 03-16-2016 The Owner, RHA 3, LLC, applied for renewal of the rental dwelling license for 5548 Logan Ave N, a single family dwelling. 04-12-2016 An initial rental license inspection was conducted. 7 property code violations were cited, see attached rental criteria. 05-12-2016 A second rental inspection was conducted and passed. 05-13-2016 City records indicate two validated police nuisance incidents occurred in the past twelve months. Incidents were 09-13-2015 disturbing peace, 02-12-2016 disturbing peace imJiSxioJI: EnsiiiiJig (In aItI'actij'L', clean, sufè. inclusive coininhlnirt that en//noeL's the quality qf/iJ' fat' (:1/ people and pi'eseI'Pes the public trust I1fl[iI I UI V M4 SA B !A (SI JtI P1SJ I 05-18-2016 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. 05-23-2016 A Mitigation Plan was submitted. 05-31-2016 The Mitigation Plan was finalized. 06-20-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 27, 2016. 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. 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 Ihs!on: Ensiullig (UI tilt rue!! vL, clean, soft, inclusive communifY, that eninuices the quality qjlEle for all people and preserves the public trust [I1i1SJh'IJ I U I V 1k'A U'A S k4 (II PlSktl 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. !'Iission: Ensuring (In alli(fCtii'C, clean, sail. inclusive conunuiu/v that eiilaiiees (1w qualify of life for a//people and preserves the public trust [II1IJ[iJ I U M L'A I IJIIY'A [I] 1%1 flSJk' I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 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. j'vlscsioii: En.uring an attractiic, clean, suf', inclusive community that enhances the qualltv of life /'ar al/people and preserves the public trust IEI1IMSI I fl I V k"A U'A I Dk'A CII) UI UU!A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) 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 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 Number of Units Validated Calls for Disorderly Conduct Category 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 ñIisio,i: Eiisur!ig ((II aitnicthe, clean, safe , inclusive coninuinil,v that enhances the quality of/lie for itt/people and preserves the public tins! [Si1IJ[IJ I U U 31h'A U I [$M1I WJ I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan iJ,sto,i: Ensuring (Ill altractii'e, clean, safe, inclusive community flint enhances the quality qfIsJ' for mill people and preserves the public (mu( 13VILDING AND COMrIrUNTTT STANDARDSXi BROOKLYN tf NTER Rtf License MitIatlor P'an Type IV Ueons Han d-wriffen Miti!n Plans will not bo accepted, A Wkthle tarni can be found on 111P Ctys WSit$ t www,c1ycifbrooklyncenter.org or calf (763) 69-33D to have an cectronk copy sent to you Aa email. NY 49 3 Property Address: SSIBLogan rr O1,ners Name(s): RHA 3, LLC Or' Address: 1611 County RdBWPICA R-ne-Jile, MN, 9511 Owner's Phone: 470 -aao Owner's Ernafl rh3ihavenbrookhomris,com Current E<plrin Dale: s,oa,i LocI Agerit(); HovoilBrook Hamec. Aorint's Address-,Raseyillr:i, NON, 55113 Agents Phoria {4O) 6no Agert' Enail: krvgrthotorn corn Pending Expiration Date i2'31'18 5I n'ci1r 1rin curitt pniIkcJ Based on property coodi1is andior validated police nuisance incidenis, the above referenced property qualifies for a Type IV-6 Month Rental LErense, Prior to application approval by the City Councl a fully completed Mitigation Plan rrwt tie completed and nppred by City staft A Mitigation Plan must be completed lnimedialeiy in order to ensure timely completion of the license application process. Tho Mlfigaiori Pin should indicate the sic-Cis b&rii lae.n to correct Identified Violations and the measures that will be taken toensureongoing comptianco with City Ordinances and applicable codes A Mitigalion Plan allows the owner and the City to review concerns and identify possible solutions to Improve overall conditions of the property, If the Mitigation Plan is not subrniflod, and 211 items are not completed within the panding license period, or the above property operates beyond the- license expiration date, oriforcement actions such as cita1ion,. formal cornplaln, or Iioense review may result- Before submitting, (IIl-otit Sections A and Ckcated on pages 2 3, 4 . and Pje typa ffRauhO Lñc1r? Ml'c'i tc.ii. 4$4 City f Boc11yn Cetiier—BuildirLg anti CpmrnvRity artdard mri± wwcllbrclricori- crj o1 5hlnik Cro&1 Prkwiy,Brtwckjyr Ci'iLr, f..IN 5.1-AX-21 N I Phne: 7-53) 553-3326 I TTY; 711 Fax: (763) 554306 BUILDING AND COMMUNITY S TANDARDS T^Ing y t F1b Lr1 A NOKLYN j riru VU 42J Rental License Mitigation P]iENTER Type I V License Sections A—Crime Frco Uouthq Program R equiremen ts Phase I 1) Use e wr it ten lease 'fte lease agreement shaH iile the Crime Free Housing Lease Addendum. A copy ofthe lease agreement and Crime Free HousIng Lease Addendum must be att a ched to the Mitigation Plan when sithniitted,RV 2) A T, ee to pursue the termination or lea s e preernert or ercton of tenants who vioile the terms of the lease o eny edderiduni. 3 Conduct crhmir,a] background theck (er l new prosper-We tenants. if H s a curret tenant a new background check is not required. Must be able to pro -A46, documentation to City if requested. 4) Attend a City approved eight-hour Cdnie Free 1-tousing training co'i, lriforrntion for approved ourse on be kiurd Lqt wwmncpa.net under the TrIriig a nd Evot tab. A copy of the CrIme Free Housinq Certificate must he attached to the .1itigtion Plan when submlttd, Crime Free Housing training was completed onus scheduled for; 4120h4 Onior or a(?nl 8tteridedtis j lanatog to attend training at city o1 Jj 5) Submit Monthly Update by the 1U day of each month. Phase U 1) Complete a Security As essrnerii and mpt erne nt iniprovernents requested by the B rooklyn Center Police Dep a rtment, To schedule an initial or follow-up Security Assessment, call (763) 5693344. A follow-up assessment must be completed before the 11cetse expiration date to vadly the security improvements hqve been implemented. if a SecurHy Assessrent ha--, b e en previously completed, write the completion dale, Soiiity A sse s s men t ' critnpeted onts scheduled for: Security Assessment fallow-up was completed onus scheduled for: ) Continue Sections A, Phase Ill on page 1 P a,go 2't3 j!L:i Pii,!. RJV $4445 City of Bro uldyn c uiIrUn COMM111itty Sth9jLarc1a 6531 Sriink Ceik Fi ay, flcitikIa Ccrdi', YAN 5,54IO I Phcr: l7567-333D I TTY 711 I F. cicoi -2CD BUILDING AND COMMUNITY STANDARDSCity of 54B Lo g a n AveNrOKLYN Brot riL>rdi r Rentil Lccrise Mlflgtion PlanNTER Type IV License $eitkrts A-Crfrne Froe Hcusinq P jVriri Requfrerncnts (ceiUrnied) Phase III [?J 1) Ovrier or agent will attend at minirrit,Jrn O% (2) of the AR.iv1, rncetlnfls. The ARJuL meetings must be completed within the rental Ikense period and before th pending Type IV License e>pirtion date- RglsttatJrri is not required, however you must iqn-ãn doting the mee1n. Write two moofing dates an owner or agent plan to alto rd- Owner or agerit will Ottend ARM. rneotin3 scheduled on: fjj 2) Have no repeat code iltions previouslyrJOiurnLn1ed With the past year, The following -actions are required fur properties with four (4) or more units LJ 1) Conduci residentiraining annually that includes crime prevention techniques. fl 2) Conduct iegulsr resldert meetings, Type J'i' PIar% Rov, 4444 City of R rooRlyn Cenfet-11tilldinq and Ctmwiity dard DerEmnt C i1 9hIIL1IB C Prk at .J1 D'riLr 1'' I P.nc Th3j SE] t3 t TtY 711 I F I73) Ti ico BUILDING AND COMMUNITY STANDARDSX NTER ftQIU1YN r t W 551sU Ril Lcene Mitigtion Finn Type IV Licensp S ecl:10 r!S 13—Long Thnn Cp Itaf lrnproverrwnt P!r! Based on condion arid ne, estirnnted rep rrentdnte nced to be provided fat Common cplal items, Funding thould be conIdeted acongly. Items that are brokon,Viorn, or o1her/ie: In violation prior to the estimated repernent date need to be replaced aorer, All Iterng must hwe e dnte for Est&nicci RepIcemcn Dale. Oates Suci as: utttr&, "doni knw', or "when broken" will rt be eccopted, if you are unsure of whri sn tern will necF to be repinctd, you cart rnnke e prediction based on the age, appearance, condition, or iufactureiindustry recarrida1ens. Add itioeI infornietion on Expected UseU Life ra ra be und a wwhjdcov. Item Date Lt Replaced Condition'Expected Replacement Date Example; WeterHceter My 2010 F My 2020 Furncce 2012 2037 Vater 1f swo 2012 C3 Fl 2022 Kitchon.Applinnc (11 ti El L&ndry Appliances SIF1OkC AIrrnsi Crbon Monoxide Ala wis May 2011 m a y 2017 1eror Items PeirbtlSiding ° El Windows 2020 C El 2133G Roof 2000 2020 Fence 2000 GEl 2340 Shed NJ 2020 Driveway 1025 o W20 Sidewlke El Other: Coridiori /bbreaIit)rS NewN C:toJG Fair P Need'sFp'&rip=R tp .1/6 Typc. VR'Li ir fv 4.4- City ( coIdyxt tr....Biildt0 aiidCmmuity tutdadff bparO-nt 03Cu Srlrjl tiok Phw;ty. FroccIyn rer, Th 554'-20 1'flco: I7}5l323L1 I iTY 711 I Fjx: (6 53i20 BUILD!rW AND COMMUNITY STANDARDS IW Cftlf of 148 0gan Ave NBROOKLYN Mu RentI License MrtIgatôr Plan CENTER Type I V License sections C—Steps to rnproe Mana g ement and Condit/ons of Prepery The items in ths section have beeri proven to assist with pop&ty rnariagernonl anrJ property image. The following actions are req L1rcd: 1) Check-in with tenanls every 30-days, ) Drive by properhi to chock for posib1e code viofatin9, 3)EvIct tenrUs in 9Dlation of the lease or anyaddondurris, 4)Rernin curenl on all utili y foes, takes, ossessments, fines, penalties, and other flrianLl clairn&payrnents due to ilie City. 5) Other; The followln actionS are optional unless required by the City. 1)Provide Iawri!s now setvice, 2)Provide grbae soMc. 3) Install seurttysystern. E 4) Provide maintenance service plan 1w Cpj)liflce5 Name of service company: J 5) If the Type IM Month Rental License is aprovd by the Ciy Council, the licensee must comply with the pprnved Mitigation Plan and Il ppiic-able City Codes A written report mu5t be submftted by the 10th day of each month with an update Of act[ons being taken by the wner and/or agent to comply with this Iitlgaticffi Plan. A copy of tho Monthly Update can be found on page T A fit lable foni can bia found on theOitys web5ite at or cli 763) 5 N-3330 to have an eladronic copy eentto you via emaiL Pie se attach additional Information if necessary, Rip 56 Type IV? L(: j.r11-'r?i. Rev. 6 T4-5 City o at kthtilmity p1rt%i?h E1i ShIrtI'3 Crk Piiw', Enza 1- Corlt, 5E3-21J r 3) 1W; 711 I Fi:: (TE3:j I3I3O MrIT1WNG AND COMMUNITY S TANDARD SCity -01 JROOKLYN Rnt& License Miti g ation PlanCENTER Type IV Ucenso S ign and Verify erifyihaL all Icifornition provided is truo 2nd 2ccirte, I uridersthnd that if! do no t oomp l^j wfthapproved r'.iitigir Ran, comply with all items Within the license period, or operate beyond the icerise cxpitatioi dat eniorcenieni actions such as ctn, formal complaints, or license reviewmay I nsult 0ir1i(ar A.r:i (t'id TiW P'c.sii PnrirJ O'wr or0fr .S•L'J / DiII ArJci'irii Dwr ar A ge;r Na rpe TJ ç (J ib(c, Rea e Pr) ddñw! Ownnr AgrEiri gr1tire t Dale Cly Stiff Only .: Opartnhif VI J2 kijfl irfy Star 'rd Dipnmnr J4fL2:,2 parw Ev e. TypC V PE1r?, t.. 4';4. City Qf Brooklyn Cente r-13 U1 1 ding iL rid Crnmutiy tdrds saxEn-rt MO Sh!nIe Cr8ekPorJ.3y, E(CDkli) Cflt(, MN 55 5"5.219 1 Pro: fli3 E€3-:33U I 1T 711 I F: T63 E91(i City C©urndil Anda lltem No. Ma #5 COUNCI[L ITEM MEMORANDUM DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Sharon Iutson, City Clerk 44*&J^lk SUBJECT: Type IV 6-Month Provisional Rental License for 5700 Camden 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 5700 Camden 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 April 25, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on two (2) 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 and 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. J1ixson: Ensuring an atl,'aclivr, clean, sqf, inclusive conlinanity that enhances the quality of lije /i (111 people and jueseives the public (lust [i1SJ[* I U U V k'A Ih'A I k'A [I) 1iI PIIA'A I Current rental license approval activities: 04-12-2016 The owner, Daniel Gelb, applied for renewal of the rental dwelling license for 5700 Camden Ave N, a single family dwelling. 05-04-2016 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 05-31-2016 The previous Type IV Rental License expired. 06-03-2016 A second inspection was conducted and passed. 06-07-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-07-2016 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. 06-07-2016 A Mitigation Plan was submitted. 06-14-2016 The Mitigation Plan was finalized. 06-20-2016 A letter was sent to the owner notifying that the hearing before the Council will beheld June 27, 2016, Prior Type IV Rental License approval activities: 11-30-2015 The previous Type IV Rental License expired. 12-16-2015 The owner, Daniel Gelb, applied for renewal of the rental dwelling license for 5700 Camden Ave N, a single family dwelling. 01-08-2016 An initial rental license inspection was conducted. One property code violation was cited, see attached rental criteria. A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 02-04-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. A $300 Administrative Citation was issued for renting without a license. 02-08-2016 A third inspection was conducted and passed; corrections complete. $100 reinspection fee was yet not paid. 02-29-2016 The $100 reinspection fee was paid. 03-08-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-08-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-30-2016 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. 04-08-2016 A Mitigation Plan was submitted. 04-14-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Mission: Ensuring an attractive, clean, safr, inclusive conwwnllv that enhances the quality of life for till people and preserves the public trust [EI1II[iJ I fl V U k7A L!'4 I DIhY4 Li) 1I I1SJi Previous Type IV Rental License approval activities: 05-31-2015 The previous Type IV Rental License expired. 06-03-2015 The property was posted as unlicensed. 06-10-2015 The owner, Mark Knerr, Plaza I Inc, applied for renewal of the rental dwelling license for 5700 Camden Ave N, a single family dwelling. 06-19-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 06-23-2015 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 07-06-2015 A second inspection was conducted and passed. 07-22-2015 A $2000 Administrative Citation was issued for renting without a license. 08-06-2015 The $2000 Administrative Citation was dismissed since the owner was in process of submitting a plan. 08-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-04-2015 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. 08-06-2015 A Mitigation Plan was submitted. 08-14-2015 The Mitigation Plan was finalized. 08-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held August 24, 2015. Prior Type IV Rental License approval activities: 11-30-2014 The previous Type IV Rental License expired. 12-03-2014 A $125 Administrative Citation was issued for not submitting a mitigation plan. 12-03-2014 A $300 Administrative Citation was issued for renting without a license. 01-06-2015 A $600 Administrative Citation was issued for renting without a license. 01-29-2015 A $1,200 Administrative Citation was issued for renting without a license. 02-05-2015 A $2,000 Administrative Citation was issued for renting without a license. 02-18-2015 The owner, Mark Knerr, applied for renewal of the rental dwelling license for 5700 Camden Ave, a single family dwelling. 03-23-2015 An initial rental license inspection was conducted. No one was available for the inspection. 04-27-2015 A second inspection was conducted and passed. Property was vacant. Zero (0) property code violations were cited, see attached rental criteria. 05-06-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-06-2015 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. 05-19-2015 A Mitigation Plan was submitted. 06-01-2015 The Mitigation Plan was finalized. Mission: Ensuring an aIt,'aclive, clean, se ,fr , inc/u sive community that enhances the quality q//fe for all people and preserin?s the public trust i1II(OIIU UNMh'AUhU [I11II1IJk'I 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held June 22, 2015. Prior Type IV Rental License approval activities: 02-12-2014 The Owner, Mark Knerr, applied for renewal of the rental dwelling license for 5700 Camden Ave N, a single family dwelling. 03-04-2014 An initial rental inspection was conducted. 9 property code violations were cited, see attached rental criteria. 04-07-2014 A second rental inspection was conducted and failed. 04-23-2014 A third rental inspection was conducted and failed. $100 reinspection fee was charged to the property. 05-31-2014 The previous rental license expired. 06-05-2014 A fourth inspection was conducted and passed. The $100 reinspection fee was paid. 08-07-2014 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. 11-30-2014 The previous Type IV Rental License expired. 12-03-2014 A $125 administrative citation was issued for not submitting a mitigation plan. 12-05-2014 A Mitigation Plan was submitted. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld January 12, 2015. 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. ILILc s/on: Ensuring an aitniclii'e, clean, safe, inclusive co,nniuniv that eiiliuiices the quality of lite for al/people ecu! preserves the pub/ic (nest [I1flhJ[SJ I i Mk'A U'A I MYA [I) 11I flSJki] Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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. 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. 1JisiOii Enuring 1111 (IIIJ'(ICfIVC, C!((lfl, s((te. inclusive colniJulnity that enliniucs the quality O/lIfL /n all people and preserves the public trust [EI1U[iJ I U U U Dh'A I I k'A (I] IWI I1uJ'i I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 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. PvJISiO. !fnsuriiig (II/ attractive, clean, safe, inclusive comiuiuhty that enhances the quality of life for all people and preserves the public tract [i1Ii[iI i N I hYA I4 I M!4 (I] 1WI UIJ1 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1v 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 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 Number of Units Validated Calls for Disorderly Conduct Category 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 0-0.3 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 Mission: Ensuring an attractive, clean, s[?. inclusive comnwiuty that enhances the quality q/1te /?r all people and preserves the public (just Ii1IJ[i I VI 3kA U I 1k'4 [I) 1aII P1lA' I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5700 Camden Ave N IvJ/slii En.vtzriiig an attractive, clean, saf, in cominienitV that enhances the quality of 11/ L for all people aiulprcserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO, RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5700 CAMDEN AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5700 Camden Ave N, was issued a Type IV Rental License on April 25, 2016; 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 5700 Camden Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and 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 5700 Camden Ave N, Brooklyn Center, MN. June 27, 2016 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. C ity o f BUILDING A ND COMMm'JITY STANDARDS BROOKLYN Rental LILej Mifig ati on Pla n Type IV Lkerie Harr1rfrI Jgti Pkrs wfli io pted. A fllL9hlè ftsrn cn be founI cm theat W/ci1 brooklynieror ru call Th3:l t3J-33O to have an tlectronjc c'y sent toYou 'ha errimiL Property Addre s s 7OO Cmcn Anu N ProoH,nt C' nor MW S4O r1ame) P I7J I Im. Lo ca l Ant() Ou sh !y R c sidencies , LLC TDWhe r5 Ad1FCb 92 Pai A9efls Addre& Pv A riuSi Paul FJ 10 St P il 1 MN i51 Onr Ptmori Aqnr Phone M51 .1 4 45-9 042C'42 Owners Email lornapetbs qrgmdII corn Agent's Email: lurr pCttIs qrtgrn.9j Darn Current Expiialin n D a te.- Eending Epirioti f3ate 11E-. It*cn ttx - Ba F,ed on pnprty eondition,andkr va1ided police r iruntc inc5dent s , the alxi ve rcrerericedproperty qui 3 lifles for 2 Type lV Monlh Relilal Licen s e. Pior to app Hcain r3pproval by the CityCoundi a ftrliy compe1ed Mi1Fgatioi - Plan rn1 b 'rnpreed nd approvo by C it &tu. A Mi1itlon Plan rut e crnpleted lmniEd1eIy Ir wder o CnaurC timety cimpFeion of the lireppicotion Proce ss , tho Mkiti Fan houId idoe the steps being ter to correct idenifilUd that will bt2 lakent'rrecn flg compliance with City Ord1nanceand applic^3 ble codes, A MitlUalion Pan allowa tho owner run the Cilyt view csrng a nd idertiy p aibiru aolutions to irrproe. ovomail .ondiioris cif the propofty, If tho Mftation Plan ir. not s ubmitted , a nd all ite ms arfl not corapteleel wthiri thru pn1nq ien period, or the aboro p'ope.rtyr'.peres tend the piro1A date, enfO(tem?flt actions eich ZIG Cflati011, formal owiptointDe llen&e review m ay result- Baforc u rnftt , fill-out SeC ti o ll s A, B , at-id C boated on pages 2, 3 4, arid 5 Pal Cty Ofby litr-11]UII Crnuwni1-y taaz paYLrtitEUi Crh Pzlkw.y . On Jyn Crr, Mt-I I Phc.:: 17E3 iz TT 71 Fax: (3O BUIL)XNG AND COMM'UNITY STANDARDS 57q'l C;irrikn Avenue N. MMUR kCcnMN3D ] ReMa Lttmse Mitigton F1ar XB RC Ci Type IV Lki Stjons Arirne Fro Houthg Progra m Requfromoll fi^ Pha I written leu The le aseagr6 i^men.tshall i n cl u de tho Cdrne Free i1ousii-ii Lea5e Adderdurn, A py of tlia lea. rumen and Crime Free Honing L e ase A&Igrc3jrn niJt be EIftchEd to the MItljatton Ptr 'ñ -n sub urilitud. ivllto ptjrue the terrnIn1ioh r e reement or 1cion cif ten3nis 'Mi vJnII he terms of the le a fi or any BddeTdUTn.. Conduct criminal background ch e ck for all -iow pro s pE-OfiiYE innt&, Flit IS a curiani lerl i t a nv b r4xmd check. o1 raqirireti Mutbc ablo 1b pmvie drjurnontitn to Lityifreque sted, City approved aiqi-hotirCrnie rreotlbiJsngtrainin eou(e, i nformation for approved courses ca n found ifi bvmcpet Lififtr the Tra O irogaod Evril - tab, A oopy of the Crime Free Housing Cetifite mu s t be atfachpd to the Miti g at i on Pk when StThmifted. CriF1 Fro }-tcuing tra in -inq w pIbad o&i heduIed for: or ont al!endaduis planning to tend [raining t city of: P a ul 5) Subrnit Months Update by the 101t1 d f each month, Phn I) Caiiiplt a Eacwfty Asessmen1 ai iinptemncnt mprovemeot requested by Ihe &oklyn Center Potice Depar1mert, 10 schedffle in irLitiat or lW-v) Secirity A5eestment, call 763 -3344, A follow-up aseEamerIt must be completed before tha Ike riee expirs tli a n date to verify tha Eecrify frrtprovernenlri h a ve been lrripunened. ]aSecuriy Aemnhasben preJkiusly , compIebd, write the cnmpletiari dte Security Assessment was complied cin/i thedu3ed for: .tcurIty soament faI1ow-ip w cornpk,Aod onus scheduled for Continue Sections A 1 Pbee Ill On page 3. p;j 1j P.s. 14'i Cily o oor1yn e Ltig nd UqrnA1UWtY Gt and aA5 t,1P ft r4n Q n1 .thhnb-c 6 30 1 5rotIr Cir, MN MAM-2.1J I f9yo: (ThJ TI i F (Ta3:-M) Ciyo _______EUILDING AND COIWMUNflI STANDARDS-- A oT:LYN L JrAn Rnte SrtQfl5 A—Crime Ffoo, HoLrsrg Prm R iremt (nrnrec) Phi,'fll Owner or 31j will attenU dUlllrnmdrn 2) otthA R M rninqz The ARMmethi 1iLet be completed w[ttin t4a rental ricerise pôrkd a n d b o j or.E thPandini,q Type IV Licenso apirii date. :trion Is riot inquired, how&vr yajriut sinrt4n during 1he rneering. Wii twü mtirg dates an ownr UI ent P 1 Oattend, 1LI/7 r ag e nt will atnd ARM, rtinqs chduld on:lei"2) Hvo NO rpeat codu violations Prtviwstv dócmeted with the pt yer. The following aalons ara requlrd (r proPertles wth four or more uflith. 1) Coridudreide.riitiainrnq JJ 2 CofldLrCt ruIr roii1ent meeiI.ns. To V(L1flr)&,I f1, 4-14- it 6 M 3Tk1 131 tadflj -- &iC1 Iirq UrK Pahv, Dr:Iy Cn'r -ii- Ig I Phci TTY 711 1 7) B1LLLJMNG AND COMMOflIT't TAN]JARDSityiifBROOIMYNnkr5l10 Re nta.1 Liene M(IjaLri PlanENTER a-cijmyn Typ gt Licens e ectios –Lcin Term Cprt! improvrnen PLm aed on cririitkn nd age. etimted ncn2 d L be proided for Common items. Fundiri .hculd b oider ccodincjIy. Itv thot art brôkcn, wc'rn, r etherie in riuiaiiorj prior to The est ima ieil r epl a cerrvent dole need to be rpIaccd soiinor. All hems must haiJR a date for fimMed pce.rnr1r Doe. OiNtn t r h : "un s ure", dan't know, or when broken 1 ' wEF3otbo acepiod. It you ar e or when an item vjillrtaed to be replacedyou can rna a wediclion based on the a&, uppeorarice, randitibn, or rnanu[aclur&in.dustry reconiniendations. Additional information on Ex pected Useful Lië can he found at w,'whudov . ROM Date Last Replaced Condtlor Eipocted Repac o rnenL bath EX&^rTI.P it,% L4'ari-a!r Mji 3010 F May 2020 r,nac 2010 t3 2U2 Water Healer 2010 Kfth2n A, pplianosE.2011 2020 L au ndreApp1ianoes Smc1e AIarnsi Carbon MonooAlarrns M a y 20115 2017 eiiorJtm Fair,liSiding Wiridow M a y 2015 _______7020 M ay 21J15 2020 Fence Shed NA Ga rage LIr 2020 Ddeway th F 2017 N1A O t h e r: C:flThiin tbrviiior 4=N N'us Rcpt'cunin1=R (V Si j'I P(ar), 1 Cily 1Briek[p C e—Bulldis and.Cottimun1tV Standard9 Departme nt 6101 RJ V^Ola Creek Pkw, Greidklyn Ceñr, MN HAW ^219S I P' r?a:Ii 3.333 1 11Y. 711 FI I72 E26D ETThfJOING AND COMMUNITY STmARDS TID %LyN R e ntal LnoMthPl an Sutior C$ep. mpovcJ Managernetttn:i cQndjt(orjs at Propry Thu ilem5 i n this tlon have beri pr o ven to s&t Yvih Pr perty management and properf imoge. ThofI9wtrg actfons aire required, V l:i/Chok-inwthten Leiry Drive by puperly to hek f o r poblo cnde vklati&n. ^,ld tenants in vib lation oftlie orflr5ddCfldnlF.R 4(R Cmain curreot b n all utfifty foes, We mrij ponftFes, ar i d otherfinancial cf-3 ir"It.4airni e nts due to fhe City, Tho,foROM,ng actftis are otft& uria Tequlred by the City. 11 Pscvide Lw&now;orvjc2, U 2) Prewde grbae 3ervioe, El 3) tn.afl scurihj ythm. 4) Provide maintenan c e S EP1iCe plan lot appIine, Name ,Pf ,5e-,N-l 0!f Company;LI ) If the Type M6 M o n Th Rent Ucersr-^ is apprLved b' the City Ociun cii, the l i cen se e must omptywfth The a ppro v rd Mi1kIn Pin arid a 1 a pp1icabl C:Ey A writtEn report inut beubrnited by The 1' day & e ac-h month with at, ip&te of a ctionis th1er by the Ownerard1or agent to com pl y with this M It! itô PEn A cojy ciftho Monthry Update c a n be found onpa& 7. A fdiabe fortn ca r4 b ouM o r i the C1ys websilo at ww/cityo brooklynçneror er call 3) 569-3 330 to har ri eiectrenit copy sent to y ou via, email, Pieaae a rt, additional infortrintion if nsry. Cit5' Pf R'k1'n C i—uflir an d CLiin11y Saidaty.L itmcittCi1 5Ijj Parkwiy , t3rCIIT. Ccn1r, MW 19 J PIcaii: E.52i TTY i1 J F.!zx 1?oo.3U BUILDING ANfl COMMUNITY STANDARDS XBRT(C&LYN CENTER 1 Rent a l Lican5e Mtkiacn Type IV Lrvis igii and VerIfy l v e x iN Inform 9 fion providEd is trub and OCUI1O I unders tand that WI do not corpIy with ThC epprovd Miti ga tion FEa .coipI with a ll 1trn within thE l i c enso prd, or porat bend thE lic e nc. expn3tion dlo, rorent actio rns tr u ,-^h a scit a llim s , forriI co mpl a inN ,or ficenso review ny rsu[1. Lijr.ri M Pe1U, Prcçorty MaIaL1t Qlr cjrArif Yim smd ?!.CE (oi fk)l) _L AC_ Aw1 O wmw c ei I rd ?T1r& FL kM k-,,R) O ml :r or Age.10 Slwe(iAppJxb) CtyS all Di) F Dr1rrnt iL4?tt M ___ ?1d Cc wriy S txn5 &r?1Er A3 1 (A 'iyi Vfeir k:r Mi! iIicr ii. Uw City o Broaklyii, cfltEr—BuI(dj iid Ci irnt 1naid Dpunii ivdyrcnt r:i1 5ih C,t.ck rc.kI C€ifl[r, !M UZ1I Ptirc 735C -3•:10 I TrY. 71! I F. i7i3j ç-33EO City Cudll Agenda ]Itm N0 Hi #6 COUNCH I{TEM MEMORANDUM DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Jkub( 14^ SUBJECT: Type IV 6-Month Provisional Rental License for 5332 Lilac Dr 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 5332 Lilac Dr 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 February 08, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on five (5) 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 and 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. ,1'Jission: Ensuriisg an attractn'a, cIe(lfl safe, inclus!ve comilufflity that ei,I,(,;lces the quality a/life Jbr all people aiidpeserves the pu/i/ic Iust IiII1IJ[iJ fl I N k'A Uh!A I Dk"A [I) 11I lIJh'A I Current rental license approval activities: 02-26-2016 The owner, Mark Lundberg, applied for renewal of the rental dwelling license for 5332 Lilac Dr N, a single family dwelling. 03-31-2016 An initial rental license inspection was conducted. Five property code violations were cited, see attached rental criteria. 05-05-2016 A second inspection was conducted and failed. Corrections complete with the exception of one item. Owner provided proof of a receipt/shipping order ticket for the missing correction. The $100 reinspection fee was waived. 05-12-2016 A third inspection was conducted and passed. 05-18-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-18-2016 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. 05-31-2016 The previous Type IV Rental License expired. 06-07-2016 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. 06-10-2016 A Mitigation Plan was submitted. 06-14-2016 The Mitigation Plan was finalized. 06-20-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 27, 2016. Prior Type IV Rental License approval activities: 09-10-2015 The Owner, Mark Lundberg, applied for renewal of the rental dwelling license for 5332 Lilac Dr, a single family dwelling. 09-29-2015 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 10-29-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-05-2015 The $100 reinspection fee was paid. 11-16-2015 A third inspection was conducted and passed. 11-30-2015 The previous rental license expired. 12-09-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 12-09-2015 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. 01-06-2016 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. 01-21-2016 A Mitigation Plan was submitted. IiIisx,on: Ensuring an attractive, clean, saf, inclusive COflh12uflity that enhances the qua/up of life for all people awl preserves the public trust [EI]JJ[i1 fl I I M'A U'A I li'A (1) 1I flSJ'!Ai 01-26-2016 The Mitigation Plan was finalized. 02-01-2016 A letter was sent to the owner notifying that the hearing before the Council will be held February 08, 2016. 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 Chapter12 ofCity 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. Iktiss!on: EILsi1r!fig an attractive, clean, sf', inclusive cominunir that enhances the quality of lit 'e for al/people and preserves the public 01181 [i1S]JhYiJ I R I I M I I DI'A (I] 1II 1111111 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. IJi!on: Ensuring LIII artractive, clean, sufe, inclusive comnw;nr that euhIuhlL'es the quality of lif for all people and preserves the public trust [EI1SJ[ii I MU I kA IA I K"A [I] 11hI 1UI1 Rental License Category Criteria Policy - Adopted by City Council 03-08-10 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. 4,sctoiz: Eniiring un x1tractn'e, clean, stfe inclusive comnwnttr that enhances the quality of lie /7r all people and preserves the public trust I1IJ[JI fl I I W'A L'A S kA (I] t1I flhJ I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1) 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 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 Number of Units Validated Calls for Disorderly Conduct Category 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 Mission: Jnseiriizg (Ill (lttl(ZCII1'e, clean safe , inclusive conuna;ut,r that euhl(IIIceS the quality of ljt' for all people and preserves the public trust •lIh[1 I U I I k'I •h'A I k"A (1) 1k1I I1SJh1 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5332 Lilac Dr N Vis s(()I Lnsitiillg 1111 (fltIUCti1'C, clean, safe. inclusive conhinunity that enhances the quality of hfe for all f)eople and preserves the pith/ic tins! Member introduced the following resolution and moved its adoption: RESOLUTION NO, RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5332 LILAC DR WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5332 Lilac Dr N, was issued a Type IV Rental License on February 08, 2016; 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 5332 Lilac Dr N, Brooklyn Center failed to attend Owners/Managers Association Meetings and complete security improvements. 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 5332 Lilac Dr N, Brooklyn Center, IVII'I. June 27, 2016 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. BVILD1NC AND C(Th1M1BJITY STANDARDS City of 00 IN Rental Uctnse Mtigtion PIai CENTER Type w Licetisa flrndwtht A!L P1n wifi not be ptc A fillablo form can bo found an the Cty te at dtyofbrooklyflcenter.Org or calt (7) -3330 tO aV an electronic COPY 5Ofl to yoi via emaiL f / Popart Addr's: 532JaDi.Bro-Wyn Contev, MN 56-180 Owners Names): Mark Lurg Ownor'- Add res: 701 FrI leno N crtçiri K 516 Owner's Phone -, 2J 5-8-Ha 2 OwnBr's. Email: Local Agent(s): MM 4j Jitt31 AgonVs Adths: if Ant5 flione' (012) 2O:3-1 Agent's Ejmal: Current Expiration Date /1j'1 Pdin Eation Date 1ii rnrIh 1cm curnt Eiased on properly conditions and!or validalod poUe nL'i1ce (ncidents the above referenced peiiy qiiaiiñes for a Type IV-6 Month Rental Liens Prior to application approval by the Cftypro Council a fully completed Miiia1ion Plan must be completed and approved by City staff A Mitiationi Pan must be completed immedi-atc-ly In eider to ensure timely c pietion of the license application process The Mitigation Plan should Indicate the steps being taken to correct ideillified violations and the meastiies that will be taken to ensure neiri' compliane with City Ordinances and applicable codns. A MIIIStiOn Plan aloWs the owner and the City to review concerns and identify posiblo solutions to Improve- overall condtions of the properly. If the Mitiation Plan is not subrnIi1d, aid all items are not conipleted within the pending license period, or the abo'o prepaily opiates beyond the license e>pEration date, enforcement actions suth as cilatian, formal complaint, or ri1e revli may reaulL tlIlout.Seetioria A, 8, and C tocathl on pages 2, 3, 4arid 5. 1c5 City of Broolrl y -C rBuildLfl iiid rIrCUH1iy t13I ,WhOibOk1r.0 :i Shiia (ocbn CriIecllN S5130-215E' I Phe1 E32iL I liT: ill I Fc BTJILDING AND COMMUNITY STANDARDS XB ity of OKLYN E3JLaDi NTEfl trookI'n G<t1o(, t.w 554D Rental Llr-tnso M[tltir P1rj Type IV LJse Sections A —Criata Free Hôusftig Program Requirements Pha I 1) Use a writ4 a Ieae iqgreemePt Th lea e arrernrt shall triclud Lh Cnm ree Housing Lease Mdeniiurn, A copy of the lease agracmerit arid CrI me Free Kciusing Lat LrcluyI must bo attehat to the Pltin Plan when sutmlitted, 2 Agree to pursue the termination or lease agreement or e'iUori of tnnte who violate the terms of tho lease ei any adendijrn, ) Conduct criminal baekgfound chECk for new prospective tenants If it is a cuiren new background check is not required. Must he o prvd dornentation t Cit,r if eque;ted 4) Attend a City approved eight-hDurC-ri.,rriu iree Housing training course. Information or approved cwses can be found at W\W mncpa.natJder the Training and Evitab. A copy of the Crime Free HoL451 rig Certificate must ho attar, hod to the MlUgatki P}an whri submiltad. ime Free Nousingtran,ng was completed onIi heduleo for 1 Owrer or agent attended/is plrrriirij to attend training at city of: ) submit Monthly Update by the I e day of each month, L4'6rnp1ete a Security Assessment and implanient irriprovinmor,18 req uesLed by the Brooklyn Center Polio Department. To schedule an initiator tóll-up Secity Assessrnrit, cell 763) 56-334, A follow-Up nirt must be completed before the license expiration date to verily the security irllprove rile nts have been implemented. If a Seuriw M sment hes been ptevusly cmp1eted wile the completion date, S e c v ri bj Asseesment was completed c'niis schedued 1w: Security M fol low-up was cornpreted Onliz, scheduled or; Continua SoctlonA, Phase ill on pago 3. 2/ti FI t' 4-11- rEr pf ArDuklyn CcRt .1uild and Crnxrninity Standards Dipirixnu ww.diitr(crC 130I Stir ]Jr; Cr Iir l tkIyn C-'iir, ir 1 NIN 55430 .2199 1 PI n 33C I IT? 711 1 rd.\, 783) 5E 1:3ll) BUtt *NG AND COMMUNITY STANDARDS City mof -I BPIOOICLYX 5,932 V100 Of, BP( erroHyn Cen t er,MN 5E10 j Renta' LerISe Mitigation PIi CENTER Type IV License Sections B--Li Term CpitI Impro vement Plan Based on condition and 89. esthl8tC- -d repLacerRent dates nd to be provided for common caplliai items, Funding &iould be onsidere aordiriIy, Items that are broken, worn, otherMe ;oEalar pdor lo 1h estirnaed repfcemeni data raad to ba rpfd sooner, NI itens musttava date fof Efmted Rep(arenent Daie. Dates- uh ; -unsure ,,, ,don't know or 4 wht broken" will not be nccpthd. if you Are ons,mveof when ar'itern will naed Lb be epl.oed you cn rnke a prediction based on the age. appe&arico cditJ'fl of rnanufactur&indUStP reconirnendtiOfls Additional I11frjmtiar1 on Expuuted Liaefui Life can befoufid awAv.hLrd.g*l. Item Dpte Lt Replaced OdIUOn Expected pLernent Date E.arnpe W'ier h'er May 2010 F My 2020 cor'c -15 lit Furnace _____ GWter Heir 2010 N012Kifcen Appliances — Laundry ApplIri Smoke Atarrn5l Carbon MonoYIdO AIarn 12-15 joriterfi ,—.r I______PalritlSlding 10 N 2012 N ''i y-WIrith*s Peace Shed A1rJ IriuGaga Drivy _____F I 'SideaIk _____________F Other; Co'iIori pbbre43t o-'s: Wow=N GooT=G Fair--F N!d Ppceriient;R Pu 4,' fl'p f - -14-f 1y 'f 11y x—BixUdh'g au Cbmrnini1.Y tndard Dpxtrnnt miii Shlngle (rut py, Crcj1i C&I, iN 5430-.21 P1nte. 3-2 j flY: 711 I BUILDING AND CO!MUNJTY STANDARD SI City of EROOKIJYN 52 LII Dr. I CNIR LiCkIyrCOriUr, rAN &$31J R enta Licen s e Matiation Plan Type IV UG a ns cr Stkin C—S t 8-ps to imprive M erneflrn1 CDndifions of Propmy The item it'i this atthin have been proven to assist with property fr[aniagornont and mparty Irnae. TJID fotwtg iora Pre required with tenants evey 30 -days. Drive by praporty Loehntk few po ^^s ible Qo devioEttoris 1j Evltt tonant In Viol a tion C& the lease or any eddenclurns./ 114,Rerriain ctrenon &J utility fees, taxes, esessriiertLs, fines, penties, and other financial thiirnsTpayinents due to tha City. El E) Other: Thu following actions aro opUorI unle s s requitr e d by the City, 1) Pravide lawnlsnraw s erco. D 2) Provide garbe serv.ri Lnsai souirity 4) ProvIde ti a i n1terine seric pIr for appliances , Name of seMce company: c' ) Other: If Type N-A, Mo n th Rental Llcnse is pprc/eU by the CThj Council, the licensee must ccnipy With the app y oved MiUgtioii Plan and all applicable City Codes. A written report must he ubmiLted by the 1 day of each month with an u pdath of aoIiQnS being taken by the owner and?or age rt to c ornpry with this Mttiation Flan. ? copy o f Monthly Update can be found on page 7, J\ filloble form cart be found on the City's wbi1 at tiww.oiyd1brnoklyncenter.o ot call 763) 6?-333D to have an ekotrorik copy aerit ho you via emaiL Pleaie attach addtional hlfQrmMion if necossary fl 1pY':inict LT)J41 Piii,Rov. 4-1 4-Tr of Broo k.lVa arLd Cmnwifty and-[t Dprint 62i.11 EhL9g2 Cr arrn Cc.1FLr , ri.,14 IP Fflcnr tTh I T1Y 711 1 F (63t '3iJ BUILDING AND COMMUNITY STANDARDS V tycf MNGU Reatai LEtiise MjtitonP[n...CENTER Type IV Ltctne SFgn and VorFy I vdythit a ll iriformafori pcodd i true snd coute. 1 udrtad that i do rtct comply with the ppoved Mition Plan, comply with all iternswithin the license period, or aprjrat 2 beyond th license explr2iJor' daie, enforcement acions such as rltatIon. 1rr oornpbin or license revw may result. Mark Charles LUiCJ Ow. or Aorr M This (Fs e PI.') Mark Lundberg flDe ,aucnnua),tc.',r 1!2a2O16 Ow9w cirAçerF Sih.re Dote / A/1 itv ria Cwi 9ir Nim ?fApa', P,se PnrrJ t4 AdckircJwir Arrui PAPPIkah'C4 Dake City 19fipff Q)lry M 4 2 (_C i: PL __ IA1 / ,9cirJ Ci- Th'iV S rlIPj5 tJCfl1fl7T1Ci1r / '11A A, Y1p )V yiI;i' L'' CEty of H TO-07rlyn cnt u flAl Wj a nd CQmrn'mty Starldad2 Dparbnttt{ 2C1 1h41 Crk Erc.jkhn Citcr, AN J-1 Pflor: (7) -30 I TTY: 711 I Fax: (3E;3J City Ctmndil Agendi Item N©0 ll1a #7 COUNCI{L if EM MEMORANDUM DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk A4W glmz6k SUBJECT: Type IV 6-Month Provisional Rental License for 5301 Russell 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 5301 Russell 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 2 building, 36-unit multifamily property. The previous license was a Type IV Rental License issued on January 25, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on one hundred and nineteen (3.31/unit) property code violations found during the initial rental inspection and one (0.03/unit) 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 attend Owners/Managers Association Meetings, 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. i!ssion: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of/lie for (ill people ancipreserves the pub/ie (rust S[I1II[iJ I U U V Mk' U'I I MkA [II 1WI )111h'A I The following is a brief history of the license process actions. Current rental license approval activities: 12-29-2015 A Mitigation Plan was submitted. 12-31-2016 The previous Type IV Rental License expired. 01-11-2016 The Mitigation Plan was finalized. 02-01-2016 A $600 Administrative Citation was issued for renting without a license. 02-03-2016 The owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 5301 Russell Ave N, a multifamily property. 02-29-2016 An initial rental license inspection was conducted. 119 property code violations were cited, see attached rental criteria. 04-06-2016 A second inspection was conducted and failed. A $1300 reinspection fee was charged to the property. 04-21-2016 A third inspection was conducted and failed. A $200 reinspection fee was charged to the property. 04-29-2016 A fourth inspection was conducted; corrections complete. The $1500 reinspection fee still owed. 05-12-2016 The $1500 in reinspection fees was paid and the rental license passed. 05-26-2016 City records indicate one validated police nuisance incidents occurred in the past twelve months. 11-29-2015, disturbing peace. 05-26-2016 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. 06-20-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 27, 2016. Prior Type IV Rental License approval activities: 06-30-2015 The Owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 5301 Russell Ave N, a 2 building, 36-unit multifamily property. 06-30-2015 The previous rental license expired. 07-23-2015 An initial rental license inspection was conducted. 138 (3.83/unit) property code violations were cited, see attached rental criteria. 10-13-2015 A second rental inspection was conducted and failed. 11-02-2015 A $300 Administrative Citation was issued for renting without a license. 11-04-2015 A Mitigation Plan was submitted by owner prior to receiving letter notification from City. 11-09-2015 The Mitigation Plan was finalized prior to official letter notification. 11-12-2015 A third inspection was conducted and failed. 12-01-2015 A fourth inspection was conducted and corrections complete. Reinspection fees consist of $1,550 and still owed. 12-11-2015 The $1,550 in reinspection fees was paid. 12-15-2015 License passed with weather deferred items. iJLssio,,: En.ciiriiig an aIt,ucti)'e, clean, safe. inclusive cotnnulmt3 that enhances i/ic qualify of/Ui' or till people and preserves the public trust [II1Si[iI I U I I *YA S'A I M'4 [I] 1iIh1 flhI1 12-30-2015 City records indicate five (0.14/unit) validated police nuisance incidents occurred in the past twelve months, 01-10-2015, disturbing peace, 02-24-2015, theft from auto, 03-28-2015, auto theft, 04-12-2015, robbery, 11-19-2015, disturbing peace. 12-30-2015 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. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. 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 l2of Ci code of Ordinnçes. Section 12-913. TYPE IV PROVISIONAL LICENSES. 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. 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 foi 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 Mission: Ensuring all allracth'e, clean, safe. inclusive cominuliit,V that enhances the quality oj'1iJ for all people and preserves the public trust [i]JicJ I • I I k'A Uh'A I M [Ifl1I WJh'A I 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. i'Jicsion: Ensuring an attradipe, clean, safe. incluive cominaidtV that enhances the (Jualit) nfl/fe for all peaple and preserves (lie jnblic frust [EI1Iih[ I U V V L'A I Dk'A [I] 1IhI I1JtI 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. 1. Missioii: En curing nit ufIructii'e, cIewt suJ. inclusive cnununit.1 that enhances the quality ojlik for all people and prLsL'1es the public trust [S1i1Ii[iI I fl M N Dk'A U'A I Dk'A El] ei'wi WJ'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1v 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 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 Number of Units Validated Calls for Disorderly Conduct Category 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 Mission: J:lLcZlliJtg an (UEI(lCtiPC, clean, safe , inclusive COflIIIIUUIfl' that eflh/llhlCLS the qualify of/i/c fir tll people and preserves the public trust [S1IIh[i I U I I Mk'4 I I 11k!A (I) I1Uh'kI Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5301 Russell Ave N iJissioii: Ensuring un atii'uct/i'e, clean, safe. inCluSiVe eounnwwty that enhances the quality tlt' 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 5301 RUSSELL AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5301 Russell Ave N, was issued a Type IV Rental License on January 25, 2016; 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 5301 Russell Ave N, Brooklyn Center failed to attend Owners/Managers Association Meeting and turn in monthly updates, and/or other requirements. 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 5301 Russell Ave N, Brooklyn Center, MN. June 27, 2016 Date Mayor ATTEST: City Clerk Thernotion 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. 13mr1rn1c AND COMMUNITY STANDARDS City of MI BROOKLYN Rrthil Lkie MltiaElon Plan CENTER Type IV Lice n HsndwriUfl MiL!aJor Pbs will not be acrepte A filable form on be found on the City's webte at liyuftraaklyncrterorq or ca (76) -333D to have an &ectroric xpy sent to you via ornaL Property Address; s:ci tusH ave N Br4yn Center MN Owiiers Name(s): Ceric Local Agent(s): Owners Addes: 1304 7 ih EW An}ci Mn Agent's Address; Q'nets Phone , (12) 978-315 Agent's Phone; Owners Email -, coric.narmina©yahoOCOm Aqnts Email: Current Epiraton Date;Pnfflng Expration Date: I r I I '- -- I t.rt? t'tII' 1rWrr,I'tJrJLN /!/ JI IBased on property conditions and/or validated police nuisance incidents Iie abovE? re1erencd prcr1y qriakflas for a Type IV-6 Month Rental License, Fior to application approval by the City Coureil a fully oniplathd Miligaion Pian must be conipleed and approved by City stat A Mitigation Plan r11u51 be conipleled lmrdia1Uly in ardor to onsure timely completion of the license application process. The Mitigation Plan should Indicate the steps hing taken to correct identifiod vj()latlot)q and the measures that will be taken to ensure ongoing compliance with City Ordrnances and app!icabe cotfes. A Mtlation Plan allows the owner and the City to review concerns and identify possible solutions to improve o':erallconditions of th property If the Mitigation Plan is not ijbmitted, and all items are not completed within the pending EiCense period, or the above property operalea beyond the license expiration date, enforcement actions such as citation orrnal complaint, or license review may re. ut. Before submitting, fill-out Sorfloft.G A B, and C located on pages 2, 3, 4 and S. Typ IVP ifL1? Mi g5..3ft P;', rl e V. 4-4-15 Ct5' of Brooklyn C !r.—Biilthng Emd Cornxruin4y Srid&rti xfftb.i 6D01 5hiiI e Gtk (If. VI B MOM r CnUz'r, MN 5 54 $0-21U I Phi €: t?31 f2-330 1 TTY; 711 1 Fi:: zj 7(5 1) Wk 3313 BUILDING AND COMMUNITY STANDARDS CiLy -of Wil Russell ave N Brooklyn Center W1BROOKLYN _J Rental Licanso MitEgaL1orCENTERType IV License Sections Crime Free Housing Prog ram quiiex Phase I 1 Use e wcftten lease areerne.ri1. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the tease agreement and Crime Free Housing Lease, Addendum must be attached to the Mitigation Plan when submitted. 2)Arree to puruo rm torrninaton or lease agreement or eviction oIten2nts whe ioIl the terms of the e or any addendun- 3)Conduct criminal background chock for all kitaw prospective tenants. If it is n cvrrent tenant a new background check Is not requited, Must be bie to provide documentation to City if requestedf4) Attend a City approved eight-hour Crime Free Housh.g IriOini cowe4 Information for approved courses can be tourd at www.riincpa.net under the TraThTh9 and Events tab A copy of the Crime Free Housing CertIfkte must be ttched to the Mitigation Plan when submitted, Crime Free Housing tlaiuiinq was completed anIle, scheduled for Owner or agent attended/is planning to attend training at city plymouth 5) Submit Monthly Update by the 10" day of each month, Phe U 1) Complete e 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 niustbe cpeted before the license expiration date to verify the security improvements have been implemented. If a Security tzsesrienI has been previously eorpleied, write the completion data. SecJrity Assos.sruient was completed on/is sthedule4 I 117- Security Assessment Follow-up Was completed o r05. scheduled Ion Continue Sections A, Phase UI on page Prc 21d Typ VFo L MOj'ri Püs'i. R. 444-1 Cft- o1dter-11dit RRd itti4a4 wi.';ThroIynci*ir.orq 632M Shingle I n-'k PRrh' ij B o t r I nit r M14 554'.1Q-219= I Piarc I70J 51 TTY,Ti 1 1 r Phase III J 1) Owner w-aggeri t will attend at minimum 50% of the ARM. meetings. The A.R.M. meetings must be comp'eted wlthi the rental license period and before the pending Type IV Lic e nse cexp i ra ti o n date, Registration is not required, however '11o'J must signin during the mecirig. Wr it e two meeting dabs an owner oa,geni plan a / Oi'ner or aqerit wi ll a t l end ARM, meetings scheduled on ndL 2) Have no repeat code vIoltions previously daumerUed with the pa s t year. The following actions a re required for propert i es with four (4) or more units. 1) Coiidurt :rsidert training annually that includes crinie prven1iOn techniques. j 2) Conduct regular recentmeetings , Type WRudaf^1k:omw 4i' 44i5 City Of tdytrt 0 ejft (e.X—E UACUn9 amd Commun i ty StzknaRMS E-jitn.rtt wwv.crlbrocJ,ic!ermy 0 1 Shink Crctc Etro;lyn Cenr, IV 554J2i 1 Pb(I33 -333O I TTY 711 1 FK; ?$3 -30 B UILflLNG AND COMMIJNrrY STANDARDS XBR C ty CII Ir.,0i PueII N C3rcccIyn Center }1NO!L(N Rental Liceno M[Igtion PlanNTER type IV Licerts Soction B—Long Thrn Capital /rnprovrniI PIn Based on coruitJon and ago, astiiat.eti repkicernent dates reed to be proidod for common oapith itern5. Funding should be conside -ed accordingly. Nerns that are broken, worn, or otherwise In violation prior to the estimated replacement data need to be replaced sooner, PJI flenis must have a data for Est Tm ated Replacement Date. Oates such a:"unsure", "don't know", or "when broken" will not be accepted, If you are unsure or when an item will need to be Yeplaced, you can make a p rediotIon based on the ae appearance, condition, orrianinfactureiindu*y recommendations. Addilioriat information on Expected Useful Life can be found et vv.hud.9o'd, Item Date Last Repkiced Exampie Water Uealer May 2010 Furnace Water Heater 2012 & 2a1 Kitchen AppI iances Laundry Appliames 2012 Srno'te f'Jarrnsl Carbon Monoxide Alarms rnnrch 201 15 E xterior Items Paint"Sidin 2004 Wdow 2004 pI05C1It Rc>01 Fence Shed Garage 0Th Driveway SdewaIks 1074 Other Condition' Expected Replacement Date May 2020 a 2025 2020 2020 2020 ri F-1 2010 201 2020 I 20:30 I 018 GEl ri1 F 2025 CondiUon rifns: Ne N FeIrF NeEds Repltrit=R Ren taf MU is-ri tr f. 4.14 ,15 City dfBzaaklyu CcMer—Bultd-Eng and Community Staudards D*prtiicit 630 Shinglo C(K Parkw7ri, acoJr Center, PL' E42i].2199 I Pkinu: (763k 56323) I Ti?: 711 I Fax: T& 53j.334 BTIILDtNC AND COMMUNITY STANDARDSiBRO%KLYN 5iJ 1 Fjll N rikyr C r1'r MN CENTER Rental Li.cens. Mitigation, Plan L Type IV Lice ne Sections G—S1ps to Improve Mnaernt and Condttton5 of Property The items tn this section have been proven to s5sist vith property FIiiflager'r1eriL and property image. The following actions are roquired j] 1) Check-in with tenants every 30-days, 2) aive by Property to check for ibt Code violatioris i) Evict renants In violation of the lea or aoy adciendrjn. [ 4) Remain current on all uiiitj foes, taxes, sement, tines, penatties, and other financial ci am Tpyrnents due 10 the City. 5) Other: The following actions are optional mFs rqulrd by the City. 1) Provide lawn/snow service jJ 2) Provide garbage service. jvj 3) Install scJrity Eerri. FV 4) Provide maintenanco soMe-c pin for apptiarices. Name of service company: Al ppiianc If the Type IV-6 Month Rental License Is approved by the City Council, the Ie-orIsee rnust comply wilh the approved Migahon Plan and all applicable City Cdes, A wrttteri report rnusti 3ubmftted by the lO day of each momh with -an update of actions beln taken by the owner and/or agent to comply with this MiigctiQ Pari. A copy of the Monthly Updcle can be found on page 7. A fihlablo form can be found on the City's website at wwwcitothraoklyncerteror or call (763) 54330 to have an eleronc copy sent to you via entail. Please attach addittonal Jnformcticm if necessary. Pa geMi'ri?Y-i PJ11L Rcu. 4I4-f City DI ri-tk1yi COrItcr—RUMMAg Rnd 00110MILaily atd&rd Dipaxfrnent I ikIyi-cnInr E.]O1 Syflngla Cee k Rrky, Ortxkii CcrIr, .1tJ .543O-2it') I ric41e:(T3E6s-33U 1 Ifl: 111 I Fax: 1763) 569-SMO City of___ BUrTI)INO AND COMMUNITY STANThRUS BROOKLYN 'P RentalL1fl$Mitigation Type IV LicetiseCENTER 5iri and Verifr I verify that all in rnj1i'ri provided i5 1re arid accurate, I understand that ill tn not compiy with the pprod MiIgUon Plan, comply with al items withn the ticenn p'rki, or operate beyond the lic ,,-nse expftation date, enforcement actions such -as ciation, Iprmal cornp9aiats, or iicene review may result, tunJzi Coric Ow.er JVinii rrf T7t Pr) / - /.:Y A ddAh,)ilf Q.wtw orArjo& P4!rni ?1O T49 )tO sthc?, PJe-e P;) Adrori. Oint gvi' 5çjniiro City Staff Only L1 Po 11pJth;L?n? Dire J711J( \It.. i t:4'j) (rr)( Py L, E.' 4{iio ia'; Pev.. 4 City of }kIyn Ceb(iLtz—BuildIng and Cmrrtatifty St.i:Rdards LJrmt C't 5hirjIc Cr': Braohlyil C-11r, M14 554 20 ,2199 1 Ploru u - (YO} 563-333 I TTY: 711 j Fc;03) -33E0 Oo City Council Agenda Item No. lOb COUNCIL I{TEM MEMORANDUM DATE: June 27, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Resolution Amending and Restating Resolution No. 2016-63, Authoring the Issuance, Sale, and Delivery of its Multi-Family Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016; Adopting a Housing Program Pursuant to Minnesota Statutes, Chapter 462C; Approving the Form of and Authorizing the Execution and Delivery of the Bonds and Related Documents; Providing for the Security, Rights, and Remedies with Respect to the Bonds; and Granting Approval for Certain other Actions with Respect Thereto. Recommendation: It is recommended that the City Council consider approval/adoption of a Resolution Amending and Restating Resolution No. 2016-63, Authoring the Issuance, Sale, and Delivery of its Multi- Family Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016; Adopting a Housing Program Pursuant to Minnesota Statutes, Chapter 462C; Approving the Form of and Authorizing the Execution and Delivery of the Bonds and Related Documents; Providing for the Security, Rights, and Remedies with Respect to the Bonds; and Granting Approval for Certain other Actions with Respect Thereto. Background: On February 8, 2016, the EDA adopted Resolution No. 2016-04 authorizing execution of a development agreement with the SCA Properties LLC (original developer) to provide tax increment financing assistance for the Sanctuary at Brooklyn Center Project, the development of a 158 unit affordable senior housing apartment at 6121 Brooklyn Boulevard. On March 28, 2016, the City Council adopted Resolution No. 2016- 41 Resolution Relating to the Issuance of Revenue Bonds to Finance the Costs of a Multifamily Housing Development Under Minnesota Statutes, Chapter 462c; Granting Preliminary Approval Thereto; Establishing Compliance with Certain Reimbursement Regulations Under the Internal Revenue Code of 1986, as Amended; and Taking Certain Other Actions with Respect Thereto (The Sanctuary of Brooklyn Center Project). On April 25, 2016, the City Council adopted Resolution No. 2016-63, authorizing the issuance of the Bonds for the Project. Attached for your reference are a copy of Resolution No. 2016-63 and the accompanying staff from the April 25, 2016 meeting. iWission: Ensuring an attractive, clean, safe, inclusive coinniuni!i' that enhances the qua/up of life for all people and preserves the public trust [EI11I[J I N I I M4 I I Ik"4 (I] 1I tiYA1 The Developer chose to delay their June l application for $27,000,000 in Bonding Authority until the second round of funding scheduled for August 1st upon discovering that a significant amount of this year's bonding authority had already been issued to affordable family housing projects. The funds available for the May 9th allocation for senior projects were limited to $15,532,869. Additionally, there are concerns on whether there will be sufficient funding available in the second round to accommodate the number of senior housing projects competing for bonding authority. Amendment and Restating of Resolution No. 2016-63 The amendment to the resolution replaces the statement that the project is designed and intended to be used primarily for seniors for rental occupancy and is restricted to persons age 55 and older with the statement that the Project is designed and operated so that 80% of the units thereof will be leased only to persons age 62 and older and 20% of the units thereof will be leased only to persons age 50 and older. This amended definition has been considered by the Minnesota Department of Management and Budget, the department that administers the allocation of bonding authority and discussed with their legal counsel at the Attorney General's Office. The City understands that they agree that the statute is ambiguous and have determined that the interpretation is to be made by the City and Bond Counsel. This change in definition will enable the project to be more competitive in the August 1st allocation of bonding authority for housing projects. Attached for reference is correspondence from our Attorney regarding the proposed amendment. Budget Issues: The Developer is requesting the proposed amendment to improve the funding possibilities of their application for the August 1st Allocation of Bonding Authority being administered by the Minnesota Department of Management and Budget. This bonding authority is a significant portion of the overall financial structure of the Sanctuary at Brooklyn Center and essential for this project to proceed. There are no direct budget issues or City costs associated with Resolution. 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. AMENDING AND RESTATING RESOLUTION NO. 2016-63; AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE BONDS (SANCTUARY AT BROOKLYN CENTER PROJECT), SERIES 2016; ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO WHEREAS, the City of Brooklyn Center, Minnesota (the "City"), is a political subdivision of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by issuing revenue bonds to finance or refinance multifamily housing developments located within the City, and as a condition to the issuance of such revenue bonds, adopt a housing program providing the information required by Section 462C.03, subdivision la, of the Act; and WHEREAS, in the issuance of the City's revenue bonds and in the making of a loan to finance a multifamily housing development the City may exercise, within its corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, The Sanctuary at Brooklyn Center, LP, a Minnesota limited partnership (the "Borrower"), has requested that the City issue its revenue bonds under the Act and lend the proceeds thereof to the Borrower to finance the following: (i) the acquisition, construction, and equipping of an approximately 158-unit affordable multifamily senior assisted living rental housing facility to be located at 6121 Brooklyn Boulevard in the City (the "Project"); (ii) the payment of costs of issuance and other costs related to the issuance of the bonds; and (iii) the funding of capitalized interest and certain reserves; and WHEREAS, the City has prepared a housing program (the "Housing Program" or "Program") to authorize the issuance by the City of revenue bonds in the maximum principal amount of $27,000,000 to finance the acquisition, construction, and equipping of the Project; and WHEREAS, a notice of public hearing (the "Public Notice") was published in the Sun Post, the official newspaper and a newspaper of general circulation in the City, with respect to: (i) the required public hearing under Section 147(f) of the Internal Revenue Code of 1986, as RESOLUTION NO. amended (the "Code"); (ii) the required public hearing under Section 462C.04, subdivision 2, of the Act; (iii) the Housing Program; and (iv) approval of the issuance of the Bonds, as hereinafter defined; and WHEREAS, the Public Notice was published at least 15 days before the regularly scheduled meeting of the City Council of the City (the "City Council"), and on this date, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing; and WHEREAS, the Borrower has requested that the City issue, sell, and deliver its Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016 (the "Bonds"), in an original aggregate principal amount not to exceed $27,000,000; and WHEREAS, on March 28, 2016, the City Council adopted a resolution, authorizing the submission of an application to the office of Minnesota Management & Budget for an allocation of bonding authority with respect to the Bonds to finance the Project in accordance with the requirements of Minnesota Statutes, Chapter 474A, as amended; and WHEREAS, on April 25, 2016, the City Council adopted Resolution No. 2016-63 authorizing the issuance of the Bonds for the Project and the Borrower has subsequently requested that the City Council authorize that the Project be designed and operated so that 80% of the units thereof will be leased only to persons age 62 and older and 20% of the units thereof will be leased only to persons age 50 and older; and WHEREAS, the City Council has determined to amend, restate and supersede Resolution No. 2016-63 as set forth in this resolution to accommodate the change requested by the Borrower; and WHEREAS, the proceeds derived from the sale of the Bonds will be loaned by the City to the Borrower pursuant to the terms of a Loan Agreement, dated on or after August 1, 2016 (the "Loan Agreement"), between the City and the Borrower, whereby the City will apply the proceeds derived from the sale of the Bonds to fund a loan to the Borrower; and WHEREAS, as further security for the repayment of principal and interest on the Bonds, among other things, the Borrower will execute a Combination Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or after August 1, 2016 (the "Mortgage") for the benefit of the City and assigned to the Trustee and a Collateral Assignment of TIF Development Agreement and TIF Note, dated on or after August 1, 2016 (the "TIF Assignment") for the benefit of the Trustee; and WHEREAS, the Bonds will be issued pursuant to this resolution and a Trust Indenture, dated on or after August 1, 2016 (the "Indenture"), between the City and a bond trustee (the "Trustee"), and the Bonds and the interest on the Bonds: (i) shall be payable solely RESOLUTION NO. from the revenues pledged therefor under the Loan Agreement; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan Agreement; and (v) shall not constitute a general or moral obligation of the City; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.The City acknowledges, finds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds, and the other actions of the City under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. In authorizing the issuance of the Bonds for the financing of the Project and the related costs, the City's purpose is and the effect thereof will be to promote the public welfare of the City and its residents by providing multifamily housing developments for low or moderate income senior residents of the City and otherwise furthering the purposes and policies of the Act. 2.The Housing Program is hereby adopted, ratified, and approved in all respects without amendment. The preparation of the Housing Program is hereby ratified, confirmed, and approved. The City Manager is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the Housing Program in accordance with the Act and any other applicable laws and regulations. 3. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Bonds in one or more series in a maximum aggregate principal amount not to exceed $27,000,000. The Bonds shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Bonds to be issued, in whole or in part, as "tax-exempt bonds," the interest on which is excludable from gross income for federal and State of Minnesota income tax purposes or as taxable bonds. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel, to prepare, execute, and deliver its approving legal opinions with respect to the Bonds. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the form in the Indenture on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Bonds, the stated maturities of the Bonds, the RESOLUTION NO. interest rates on the Bonds and the terms of redemption of the Bonds) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signature of the Mayor and the City Manager (the "City Officials") and the delivery of the Bonds by the City shall be conclusive evidence of such determination. 4.The Bonds shall be special, limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to the Loan Agreement and other funds pledged pursuant to the Indenture; however, the City does not pledge its general credit or taxing powers or any funds of the City to the payment of the Bonds. The City Council hereby authorizes and directs the City Officials to execute the Indenture, and to deliver the Indenture to said Trustee, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Bonds, the City, and the Trustee as set forth therein. 5.The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds as further provided in the Indenture. 6.The proceeds of Bonds will be disbursed pursuant to the terms of the Indenture, the Loan Agreement and a Disbursing Agreement, dated on or after August 1, 2016, between the Borrower, the Trustee and a disbursing agent (the "Disbursing Agreement"). 7.To ensure compliance with certain rental and occupancy restrictions imposed by the Act and Section 142(d) of the Code and to ensure compliance with certain restrictions imposed by the City, the City Officials are also hereby authorized and directed to execute and deliver a Land Use Restriction Agreement, dated on or after August 1, 2016 (the "Regulatory Agreement"), among the City, the Borrower, and the Trustee. 8. The City Officials are hereby authorized and directed to execute and deliver the Loan Agreement, the Indenture, the Bonds, a consent and acknowledgement to the TIF Assignment, the Regulatory Agreement, an Assignment of Mortgage, dated on or after August 1, 2016 (the "Assignment of Mortgage"), from the City to the Trustee, a Bond Purchase Agreement, between Dougherty & Company LLC (the "Underwriter"), the City, and the Borrower (the "Bond Purchase Agreement") and such other documents and certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including, various certificates of the City, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, with respect to the Bonds, a certificate as to arbitrage and rebate, and similar documents, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Bonds (collectively, the "Financing Documents") All of the provisions of the Financing Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Financing Documents shall be substantially in the forms RESOLUTION NO. on file with the City which are hereby approved, with such necessary and appropriate variations, omissions, and insertions as are approved by bond counsel to the City, as do not materially adversely change the substance thereof with respect to the City, and as the City Officials, in their discretion, shall determine, and the execution thereof by the City Officials shall be conclusive evidence of such determinations. 9.The City has not participated in the preparation of the Official Statement relating to the offer and sale of the Bonds (the "Official Statement"), and has made no independent investigation with respect to the information contained therein; including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter of the Official Statement in connection with the offer and sale of the Bonds. The Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Bonds. 10.Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent or employee of the City in that person's individual capacity, and neither the City Council nor any officer or employee executing the Bonds shall be personally liable on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds, or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Bonds, as provided therein. 11. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City, any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all RESOLUTION NO. of their provisions being intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time of the Bonds issued under the provisions of this resolution. 12.In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 4, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 13.The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 14.The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds, for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned documents, and this resolution. If for any reason the Mayor or the City Manager is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Manager with the same force and effect as if such documents were executed and delivered by the Mayor or the City Manager. 15.The Borrower shall pay the administrative fee of the City on the date of issuance of the Bonds. The Borrower will also pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Bonds, whether or not the Bonds are issued, including any costs for attorneys' fees. 16. This Resolution shall be in full force and effect from and after its approval and Resolution No. 201663 is hereby amended, restated, and supersede as set forth in this Resolution. June _27,_2016 Date Mayor RESOLUTION NO. 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. Gary Eitel From: Boulton, Jenny S. <JBoulton@Kennedy-Graven.com > Sent: Monday, June 06, 2016 9:36 AM To: Gary Eltel Subject: Brooklyn Center - Sanctuary Gary, To follow up on our conversation we discussed that there is an ambiguity in the State statute regarding the allocation of bonding authority. The statute gives higher priority to projects that are not "restricted to persons who are 55 years of age or older". The statute does not define what it means to be restricted. The statute can reasonably be interpreted to mean that a project that permits any residents who are not 55 or older is not so "restricted". We have proposed this interpretation to Minnesota Management and Budget (the department that administers the allocation of bonding authority) who discussed it with their legal counsel at the Attorney General's office. They agree the statute is ambiguous and have determined that the interpretation is to be made by the City and Bond Counsel. The Sanctuary at Brooklyn Center project has requested that the City and their Bond Counsel consider this interpretation of the statute and Kennedy and Graven's bond department has determined that this interpretation is reasonable if at least 20% of the units are not restricted to senior 55 and older. Therefore, The Sanctuary at Brooklyn Center project has requested that the City consider removing the requirement in the Development Agreement that the project be exclusively for seniors 55 and older and instead permit 20% of the units to be occupied by persons who are 50 and older. Consequently, only 80% of units would be required to be occupied by seniors 55 and older. Legal counsel to the borrower has determined that this is consistent with state and federal Fair Housing laws which permit discrimination on the basis of age in certain circumstances. Is the City willing to make this change in order to increase the likelihood that The Sanctuary at Brooklyn Center project will receive an allocation of bonding authority? Please note that it is still very likely there will not be sufficient bonding authority this year but this change also allows this project to seek an allocation in January rather than waiting until May of next year if there is not sufficient authority in 2016. Jenny Boulton Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South 6th Street Minneapolis, MN 55402 612-337-9202 jboulton@kennedy-graven.com 1 [S1II[SJ fl V M k"A L'A I Ik!4 (1) )iiSI!Ai DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Public Hearing on the Issuance of Conduit Revenue Bonds (The Sanctuary of Brooklyn Center Project) Recommendation: It is recommended that the City Council consider adoption of a resolution authorizing the issuance, sale, and delivery of its Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016. Background: The Sanctuary at Brooklyn Center, LP has requested authorization from the City of Brooklyn Center for the issuance of conduit bonds to finance the acquisition, construction and equipping of an approximately 158-unit affordable multifamily senior assisted living rental housing facility to be located at 6121 Brooklyn Boulevard and to cover the administrative costs of the issuance of bonds. On February 19, 2016 the Sanctuary of Brooklyn Center, LP submitted an application for conduit revenue bond project financing along with the applicable fee. City staff, financial advisor and bond attorney have reviewed the application and concur that meets the criteria set forth in the City's conduit debt administrative guidelines. Administrative guidelines include: • The project is to be compatible with the overall development plans and objectives of the City and of the neighborhood in which the project is located. • The project is in areas of the City that the City wishes to develop redevelop, or which is any way complements any development plans or policy of the City. It is also the City's intent to assist in business expansions or relocations within the City where it can be shown that such would have a substantial, favorable impact on employment or tax base, or both. The resolution authorizes an issuance of up to $27 million. The total administrative fee that the City will receive for the issuance will be approximately $110,500. These bonds will be sold in private placement to accredited investors. Any offering material for private placement must prominently state that: "The City of Brooklyn Center has no assumed any responsibility to review this offering material and has not responsibility for its accuracy or completeness. The City of Brooklyn center has no financial obligation or any nature with respect to the offered bonds." Mi,vsion: Ensurin za ail a ttractive, clean, safe, il i c I llsi v e communio , that enhances the quallb , of life for a ll people and preserves the public tilist i1IIIJ[iJ II Nil DiT1 I'A I [I) tia!I I]Jhi The City's bond attorney, Jennifer Boulton from Kennedy & Graven will be available at the public hearing to answer questions. Budget Issues: The Bonds will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of Brooklyn Center. The issuance of the Bonds will not affect the City's credit rating. Strategic Priorities: o Targeted Redevelopment !'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quahi' of life for alipeople and preserves the public trust Member Lin Myszkowski introduced the following resolution and moved its adoption: RESOLUTION NO. AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE BONDS (SANCTUARY AT BROOKLYN CENTER PROJECT), SERIES 2016; ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO WHEREAS, the City of Brooklyn Center, Minnesota (the "City"), is a political subdivision of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by issuing revenue bonds to finance or refinance multifamily housing developments located within the City, and as a condition to the issuance of such revenue bonds, adopt a housing program providing the information required by Section 462C.03, subdivision la, of the Act; and WHEREAS, in the issuance of the City's revenue bonds and in the making of a loan to finance a multifamily housing development the City may exercise, within its corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, The Sanctuary at Brooklyn Center, LP, a Minnesota limited partnership (the "Borrower"), has requested that the City issue its revenue bonds under the Act and lend the proceeds thereof to the Borrower to finance the following: (i) the acquisition, construction, and equipping of an approximately 159-unit affordable multifamily senior assisted living rental housing facility to be located at 6121 Brooklyn Boulevard in the City (the "Project"); (ii) the payment of costs of issuance and other costs related to the issuance of the bonds; and (iii) the funding of capitalized interest and certain reserves; and WHEREAS, the Project is designed and intended to be used primarily for seniors for rental occupancy and is restricted to persons age 55 and older; and WHEREAS, the City has prepared a housing program (the "Housing Program" or "Program") to authorize the issuance by the City of revenue bonds in the maximum principal amount of $27,000,000 to finance the acquisition, construction, and equipping of the Project; and WHEREAS, a notice of public hearing (the "Public Notice") was published in the Sun Post, the official newspaper and a newspaper of general circulation in the City, with respect RESOLUTION NO. 2016-63 to: (i) the required public hearing under Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); (ii) the required public hearing under Section 462C.04, subdivision 2, of the Act; (iii) the Housing Program; and (iv) approval of the issuance of the Bonds, as hereinafter defined; and WHEREAS, the Public Notice was published at least 15 days before the regularly scheduled meeting of the City Council of the City (the "City Council"), and on this date, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing; and WHEREAS, the Borrower has requested that the City issue, sell, and deliver its Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016 (the "Bonds"), in an original aggregate principal amount not to exceed $27,000,000; and WHEREAS, on March 28, 2016, the City Council adopted a resolution, authorizing the submission of an application to the office of Minnesota Management & Budget for an allocation of bonding authority with respect to the Bonds to finance the Project in accordance with the requirements of Minnesota Statutes, Chapter 474A, as amended; and WHEREAS, the proceeds derived from the sale of the Bonds will be loaned by the City to the Borrower pursuant to the terms of a Loan Agreement, dated on or after June 1, 2016 (the "Loan Agreement"), between the City and the Borrower, whereby the City will apply the proceeds derived from the sale of the Bonds to fund a loan to the Borrower; and WHEREAS, as further security for the repayment of principal and interest on the Bonds, among other things, the Borrower will execute a Combination Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or after June 1, 2016 (the "Mortgage") for the benefit of the City and assigned to the Trustee and a Collateral Assignment of TIF Development Agreement and TIF Note, dated on or after June 1, 2016 (the "TIF Assignment") for the benefit of the Trustee; and WHEREAS, the Bonds will be issued pursuant to this resolution and a Trust Indenture, dated on or after June 1, 2016 (the "Indenture"), between the City and a bond trustee (the "Trustee"), and the Bonds and the interest on the Bonds: (i) shall be payable solely from the revenues pledged therefor under the Loan Agreement; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan Agreement; and (v) shall not constitute a general or moral obligation of the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The City acknowledges, finds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the RESOLUTION NO. 62 Act and that the issuance of the Bonds, and the other actions of the City under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. In authorizing the issuance of the Bonds for the financing of the Project and the related costs, the City's purpose is and the effect thereof will be to promote the public welfare of the City and its residents by providing multifamily housing developments for low or moderate income senior residents of the City and otherwise furthering the purposes and policies of the Act. 2.The Housing Program is hereby adopted, ratified, and approved in all respects without amendment. The preparation of the Housing Program is hereby ratified, confirmed, and approved. The City Manager is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the Housing Program in accordance with the Act and any other applicable laws and regulations. 3.For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Bonds in one or more series in a maximum aggregate principal amount not to exceed $27,000,000. The Bonds shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Bonds to be issued, in whole or in part, as "tax-exempt bonds," the interest on which is excludable from gross income for federal and State of Minnesota income tax purposes or as taxable bonds. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel, to prepare, execute, and deliver its approving legal opinions with respect to the Bonds. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the form in the Indenture on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Bonds, the stated maturities of the Bonds, the interest rates on the Bonds and the terms of redemption of the Bonds) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signature of the Mayor and the City Manager (the "City Officials") and the delivery of the Bonds by the City shall be conclusive evidence of such determination. 4. The Bonds shall be special, limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to the Loan Agreement and other funds pledged pursuant to the Indenture; however, the City does not pledge its general credit or taxing powers or any funds of the City to the payment of the 3 RESOLUTION NO. 2016-63 Bonds. The City Council hereby authorizes and directs the City Officials to execute the Indenture, and to deliver the Indenture to said Trustee, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Bonds, the City, and the Trustee as set forth therein. 5.The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds as further provided in the Indenture, 6.The proceeds of Bonds will be disbursed pursuant to the terms of the Indenture, the Loan Agreement and a Disbursing Agreement, dated on or after June 1, 2016, between the Borrower, the Trustee and a disbursing agent (the "Disbursing Agreement"). 7.To ensure compliance with certain rental and occupancy restrictions imposed by the Act and Section 142(d) of the Code and to ensure compliance with certain restrictions imposed by the City, the City Officials are also hereby authorized and directed to execute and deliver a Land Use Restriction Agreement, dated on or after June 1, 2016 (the "Regulatory Agreement"), among the City, the Borrower, and the Trustee. 8.The City Officials are hereby authorized and directed to execute and deliver the Loan Agreement, the Indenture, the Bonds, a consent and acknowledgement to the TIF Assignment, the Regulatory Agreement, an Assignment of Mortgage, dated on or after June 1, 2016 (the "Assignment of Mortgage"), from the City to the Trustee, a Bond Purchase Agreement, between Dougherty & Company LLC (the "Underwriter"), the City, and the Borrower (the "Bond Purchase Agreement") and such other documents and certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including, various certificates of the City, an Information Return for Tax- Exempt Private Activity Bond Issues, Form 8038, with respect to the Bonds, a certificate as to arbitrage and rebate, and similar documents, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Bonds (collectively, the "Financing Documents") All of the provisions of the Financing Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Financing Documents shall be substantially in the forms on file with the City which are hereby approved, with such necessary and appropriate variations, omissions, and insertions as are approved by bond counsel to the City, as do not materially adversely change the substance thereof with respect to the City, and as the City Officials, in their discretion, shall determine, and the execution thereof by the City Officials shall be conclusive evidence of such determinations. 4 RESOLUTIONNO. 2016-63 9, The City has not participated in the preparation of the Official Statement relating to the offer and sale of the Bonds (the "Official Statement"), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no res ponsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter of the Official Statement in connection with the offer and sale of the Bonds. The Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Bonds. 10. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent or employee of the City in that person's individual capacity, and neither the City Council nor any officer or employee executing the Bonds shall be personally liable on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds, or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the City Ot the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Bonds, as provided therein. 11. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City, any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time of the Bonds issued under the provisions of this resolution. RESOLUTIONNO. 2016-63 12.In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 4, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 13.The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 14.The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds, for the fill, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned documents, and this resolution. If for any reason the Mayor or the City Manager is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Manager with the same force and effect as if such documents were executed and delivered by the Mayor or the City Manager. 15.The Borrower shall pay the administrative fee of the City on the date of issuance of the Bonds. The Borrower will also pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Bonds, whether or not the Bonds are issued, including any costs for attorneys' fees. 16. This Resolution shall be in full force and effect from and after its approval. MI RESOLUTION NO. 2016-63 April 25, 2016 Date Mayor ATTEST: 14W kM"- City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, April Graves, Lin Myszkowski, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7 Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 27, 2016 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 —None PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Resident Economic Stability Update Including Diverse Businesses Opportunities 2.Fire Department Structure 3.Use of Hearing Officer Policy 4.Centennial Park Improvements 5.Solar Energy Options 6.Paperless Packets Report 7. Civic Group Policy - Mayor Willson