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HomeMy WebLinkAbout2016 08-08 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION August 8, 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. 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 August 8, 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.July 18, 2016— Joint Work Session with Financial Commission 2.July 25, 2016 - Study Session 3.July 25, 2016 - Regular Session 4.July 25, 2016 - Work Session b. Licenses Resolution Calling for a Public Hearing on Proposed Special Assessments for Delinquent Nuisance Abatement Costs, Delinquent Administrative Fines/Citations, and Delinquent Administrative Vacant Building Registrations d. Resolution Calling for a Public Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts CITY COUNCIL AGENDA -2- August 8, 2016 e.Resolution Approving a Limited Lease for BC Liquor at 3615 48th Avenue North, Brooklyn Center, MN 55429 f.Resolution Providing for the Competitive Negotiated Sale of $5,655,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A g.Resolution Authorizing Execution of a Professional Services Agreement, Project No. 2018-05, Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road) h.Resolution Authorizing Execution of a Site Lease Agreement with New Cingular Wireless PCS, LLC, at Water Tower No. 3 7.Presentations/Proclamations/Recognitions/Donations a. Proclamation Declaring September 26 - October 2, 2016, as Diaper Awareness Week Requested Council Action: —Motion to adopt proclamation. 8.Public Hearings —None. 9.Planning Commission Items —None. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.2113 5 5th Ave N 2.5420 Emerson Ave N 3.Resolution Approving a Type IV 6-Month Provisional Rental License for 1425 55th Ave N 4.Resolution Approving a Type IV 6-Month Provisional Rental License for 5101-03 Xerxes Ave N Requested Council Action: —Mayor poli 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. CITY COUNCIL AGENDA -3- August 8, 2016 b. Increase in Franchise Fees from Xcel Energy and CenterPoint Energy 1.An Ordinance Amending Ordinance No. 2003-22, Exhibit A; Xcel Energy Electric Franchise Fee Schedule Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for September 12, 2016. 2.An Ordinance Amending Ordinance No. 2003-23, Exhibit A; CenterPoint Energy Operations within the City of Brooklyn Center Fee Schedule Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for September 12, 2016. 11.Council Report 12.Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION August 8, 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 1.Resident Economic Stability - Continuation 2.Review of Agenda for August 17, 2016, Meeting with Congressman Ellison PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Fire Department Structure 2.Centennial Park Improvements 3.Solar Energy Options 4.Paperless Packets Report 5.Civic Group Policy - Mayor Willson 6.Mobile Health Care-Related Temporary Housing 7.Lodging Establishment Licensing 8.Body Camera Implementation and Policy City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITYOF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION JULY 18, 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, 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, Public Works Director/City Engineer Steve Lillehaug, and Deputy City Clerk Rozlyn Tousignant. Others present were Financial Commissioners Aima Burke, Jeffrey Dobbs, Steve Landis, Rex Newman, Dan Schueller, and Dean Van Der Werf. Commissioners Teneshia Kragness and James Schultz were absent. APPROVAL OF AGENDA Councilmember Lawrence-Anderson moved for adoption of the July 18, 2016, Agenda, Councilmember Ryan seconded. An item amending the Budget Work Session schedule was added after Item V. With no objection, the Agenda was adopted. OVERVIEW/INTRODUCTION Mayor Willson provided a brief welcome and overview, along with City Manager Curt Boganey and Finance Director Nate Reinhardt. Mr. Boganey informed the purpose of tonight's meeting was to discuss the long-range Capital Improvement Plan and the annual Capital Program for the various Capital Funds of the City. CAPITAL IMPROVEMENTS PLAN 2017 - 2031 Finance Director Nate Reinhardt provided a PowerPoint presentation and review of the Capital Improvements Plan 2017 -2031. Mr. Reinhardt reviewed the project types and funding sources. INDIVIDUAL CAPITAL PROJECTS FUNDS Mr. Reinhardt' s presentation included information on the various Capital Projects Funds including Capital Improvements Fund, Municipal State Aid Fund, Street Reconstruction Fund, 07/18/16 -1- DRAFT Infrastructure Fund, Overview of Utility Fund, Technology Fund, EBHC Capital Fund, and BC Liquor Capital Fund. He provided an overview of CIP changes, costs, funds, and cash flow analysis. Councilmember Lawrence-Anderson asked whether the Curbside Pickup program funding would be included in the 2017 budget. Mr. Reinhardt explained that the Curbside Pickup program will be included under the Utilities Fund to be approved at a future Budget Work Session. Commissioner Burke raised a question if the City of Brooklyn Center's water rates would be comparable to similar, surrounding cities if the rates were to increase. Mr. Reinhardt replied that the City would remain on the lower/middle range compared to other cities depending on the specific fund. Commissioner Newman inquired about an observation that the Evergreen Neighborhood improvements seemed more expensive. Mr. Lillehaug responded that the larger size of the neighborhood, partnered with the trail improvements is responsible for the higher cost. Councilmember Ryan asked if the increase in rates from MET Council for waste water treatment would be factored in. Mr. Boganey explained that the rates the City is charged will be reflected in the operating budget. Mr. Reinhardt stated that it is the largest operating expense of the Sanitary Sewer Utility. Mayor Willson stated that the CIP projects have been beneficial and the City will continue to go forward with them. Mr. Boganey added to that point by stating that the Staff has worked hard and will continue to seek improvements. A discussion was prompted by Commissioner Newman in regards to the new software the City is implementing and how it will facilitate estimates on costs of future projects of building maintenance. Councilmember Ryan inquired whether there would be any improvements to City Hall along the, lines of the Community Center renovations. Mr. Boganey replied that there are plans for Council Chambers renovations. Commissioner Van Der Werf asked if the bidding of projects is expected to be more competitive after the Viking Stadium completion. Mr. Lillehaug stated that it is hard to tell. MISCELLANEOUS Council moved the August Budget Work Session date to August 9th ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adjourn the Work Session at 7:45 p.m. Motion passed unanimously. 07/18/16 -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 JULY 25, 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 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None at this time. MISCELLANEOUS There was discussion on amending the date for the next City Council Work Session with the Financial Commission. Mayor Willson stated the previously scheduled date of August 3, 2016, no longer works for most of the City Council Members. Mr. Boganey provided the dates of August 16th, 17th, or 18th as alternatives for the meeting. The consensus of the City Council was to move the meeting to August 16, 2016. Mr. Boganey stated he will put the meeting change on the Consent Agenda to get the date on the calendar. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS BROOKLYN CENTER SISTER CITIES COMMISSION MEMBER SOLICITATION - CITY MANAGER City Manager Curt Boganey introduced this item. He provided background and current status on this topic. He stated the input from the City Council is needed to move forward with this item. He stated the idea is to lay out an application process for the five commission members they hope will form the Brooklyn Center Sister Cities Commission. He also noted input on specific persons which any Council members may find to be a good candidate for the Commission is welcome. 07/25/16 -1- DRAFT Mayor Willson stated he believes Louise Tamba may be a great candidate to serve on the Commission as she is a direct Liberia liaison. He stated his idea for candidacy and terms is to appoint five members and each will serve for a certain period of time, the time of their term will be determined by the date on their applications. Councilmember Lawrence-Anderson stated reaching out to MAC (Multi-Cultural Advisory Committee) would also be a good idea to see if any of them would like to apply. She noted that the Cross of Glory Church has a large Liberian Community and would also be a good source to contact. Councilmember Ryan stated there is a Spanish mass at St. Alphonsus Church, and he believes churches are a great place to start looking for resources. Mayor Willson stated the Hmong 18 Council is another great resource. He noted there is a Hmong school opening this fall. Councilmember Myszkowski concurred with Mayor Willson and Councilmember Lawrence- Anderson and stated she suggests reaching out to the ESL teachers at the Brooklyn Center Schools to get some input from them as well would be a good idea. Councilmember Graves asked if there is an age limit on applicants for the Commission. She stated it would be nice to engage the youth in the community and get their ideas. Mr. Boganey replied there isn't an age requirement. Mayor Willson asked if there is a residency requirement for Brooklyn Center. Mr. Boganey replied there isn't a residency requirement either. Councilmember Ryan stated he feels to keep the City engaged there should be a residency requirement on some level. Mayor Willson stated the City Council will go through the applications as they come in and evaluate them and at that time they can look at the residence of applicants and make determinations at that point. Mr. Boganey stated the main point of this Commission is to bring different cultures together and gain knowledge and promote international understanding. He asked if preparing a letter to the named resources on behalf of the Mayor would be an appropriate action at this time. Mayor Willson replied that is a good idea and said to move forward with the letter. STREET MAINTENANCE ASSESSMENT DEFERRAL APPEAL - INTERIM ASSISTANT TO THE CITY MANAGER Mr. Edwards provided a presentation on the background and current status of this item. He stated the City Council needs to decide if they want to enforce a procedure regarding the deferral appeal policy. Councilmember Myszkowski asked if this appeal process only applies to the street maintenance assessment. Mr. Edwards replied that is correct, the appeal process would only apply to the street maintenance issues. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. 07/25/16 -2- DRAFT Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Myszkowski moved and Councilmember Graves seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. STREET MAINTENANCE ASSESSMENT DEFERRAL APPEAL - INTERIM ASSISTANT TO THE CITY MANAGER (continued) Mayor Willson stated he isn't opposed to enforcing an appeal process, but he has concerns regarding cases where someone has a change in circumstance and their income changes drastically. He inquired if the City would evaluate the deferrals again at some point to determine if the resident was still eligible down the line. Mr. Boganey stated currently there is no such process to monitor the deferrals after the fact. Mayor Willson stated he feels if they enforced a process for appeals then they should put something in place to review them annually. Discussion of this item continued and reached conclusion later this evening during the Work Session. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. 07/25/16 -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 JULY 25, 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Lawrence-Anderson read two writings by Martin Luther regarding the importance of humanity and ridding the world of violence as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan, Also present were City Manager Curt Boganey, Interim Assistant 07/25/16 -1- DRAFT to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela IKujawa-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 Ryan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.July 11, 2016—Study Session 2.July 11, 2016 - Regular Session 6b. LICENSES AMUSEMENT DEVICE Mendota Valley Amusement, Inc. Metro Transit GARBAGE HAULER Curbside Waste MECHANICAL Deans Professional Plumbing Inc. Flare Heating and A/C Master Mechanical, Inc. Residential Heating & A/C RENTAL RENEWAL (TYPE III— one-year license) 4216 Lakebreeze Avenue 1605 56th Avenue North 4935 Abbott Avenue North 7024 Newton Avenue North RENEWAL (TYPE II— to -year license) Crossings at Brookwood 6125 Lilac Drive North (Passed with Weather Deferral) 6018 Aldrich Avenue North 390 Richmond Street E, South St. Paul 6845 Shingle Creek Parkway 5232 Hanson Court North, Crystal 7400 Kirkwood Ct N, Maple Grove 9303 Plymouth Ave N, Golden Valley 1027 Gemini Rd, Eagan 1815 East 41 st , Minneapolis Paul Sustman RHA 3,LLC Robert Anderson (Missing opted initial and follow-up) Troy Pfingsten Lang Nelson Associates Mark Thurston 07/25/16 -2- DRAFT 6725 Bryant Avenue North Vong Duong 6400 Orchard Avenue North Invitation Homes RENEWAL (TYPE I— three-year license) 4207 Lakeside Avenue, #320 Heinz Pollinger 6c.RESOLUTION NO. 2016-112 APPOINTING ADDITIONAL ELECTION JUDGES 6d.APPROVAL OF AMENDMENT TO 2016 CITY COUNCIL MEETING SCHEDULE 6e.RESOLUTION NO. 2016-113 APPROVING THE STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF BROOKLYN CENTER ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE ("ICAC") 6f.RESOLUTION NO. 2016-114 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS 6g.RESOLUTION NO. 2016-115 SUPPORTING THE WEST MISSISSIPPI RIVER REGIONAL TRAIL 6h.RESOLUTION NO. 2016-116 APPROVING EQUIPMENT REPLACEMENT BUDGET AMENDMENT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2016-117 EXPRESSING RECOGNITION AND APPRECIATION OF PATTI KOENIG FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Willson read in full a Resolution expressing Recognition and Appreciation of Patti Koenig for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-117, Expressing Recognition and Appreciation of Patti Koenig for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory 07/25/16 -3- DRAFT Commission. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. ORDINANCE NO. 2016-08 AMENDING ORDINANCE NO. 2014-07 REGARDING COUNCIL SALARIES FOR 2017-2018 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2016-08 Amending Ordinance No. 2014-07 Regarding Council Salaries for 2017-2018. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS None at this time. 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. 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 lOa5. lOal. 3300 67TH AVENUE NORTH 07/25/16 -4- DRAFT 10a2. 6234 BROOKLYN BOULEVARD 100. RESOLUTION NO. 2016-118 APPROVING A TYPE IV RENTAL LICENSE FOR 6753 HUMBOLDT AVENUE NORTH 10a4. RESOLUTION NO. 2016-119 APPROVING A TYPE IV RENTAL LICENSE FOR 6765 HUMBOLDT AVENUE NORTH 10a5. RESOLUTION NO. 2016-120 APPROVING A TYPE IV RENTAL LICENSE 7018 IRVING AVENUE NORTH Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 3300 67th Avenue North; 6234 Brooklyn Boulevard; to adopt RESOLUTION NO. 2016-118 Approving a Type IV Rental License for 6753 Humboldt Avenue North; RESOLUTION NO. 2016-119 Approving a Type IV Rental License for 6765 Humboldt Avenue North; and, RESOLUTION NO. 2016-120 Approving a Type IV Rental License for 7018 Irving Avenue North 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. 11. COUNCIL REPORT Councilmember Ryan reported on her attendance at the following and provided information on the following upcoming events: • July 11, 2016: The Metro Cities Transportation Policy Committee Meeting • July 13, 2016: The Metro Cities Policy Meeting on the Met Council • July 18, 2016: Joint Budget and Financial Commission Meeting • July 21, 2016: Neighborhood Meeting located at the CEAP Building • July 21, 2016: In the evening attended the Brooklyn Center City Council Primary Candidate Forum Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • July 12, 2016: Brooklyn Center Community Band performance at the Amphitheatre • July 18, 2016: Joint Budget and Financial Commission Meeting • July 20, 2016: Crime Prevention Board Meeting • July 25, 2016: CEAP Presentation Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • July 13, 2016: Odyssey Board Meeting • July 18, 2016: Joint Budget and Financial Commission Meeting • July 20, 2016: Odyssey Board Meeting • July 21, 2016: Neighborhood Meeting located at the CEAP Building Councilmember Graves reported on his attendance at the following and provided information on the following upcoming events: 07/25/16 -5- DRAFT • July 18, 2016: Joint Budget and Finance Commission Meeting • July 20, 2016: Aquatennial Parade with Youth Outreach Group • July 21, 2016: Neighborhood Meeting located at the CEAP Building Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • July 12, 2016: Meeting with Brooklyn Bridge Alliance for Youth Director • July 18, 2016: Joint Budget and Financial Commission Meeting • July 21, 2016: Neighborhood Meeting located at the CEAP Building • August 3-4, 2016: Chicago Trip for meeting with Rebecca Gilligan at the Conference for Youth Organizations. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:22 p.m. Motion passed unanimously. 07/25/16 -6- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/EDA/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JULY 25, 2016 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:33 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. STREET MAINTENANCE ASSESSMENT DEFERRAL APPEAL There was discussion on what type of criteria the City Council would include for eligibility on a deferral. Councilmember/Commissioner Graves stated usually she would be in favor of the appeal process; however, she has concerns about the changing of circumstances and their options to apply for the deferral if they had already been denied previously. Councilmember/Commissioner Ryan stated he wouldn't be opposed to extending the deferrals to the street and utility assessments. Mayor/President Willson agreed. He asked City Attorney Troy Gilchrist if it is clearly laid what an exceptional circumstance would be for an approved deferral. Attorney Gilchrist replied stating the phrase "exceptional circumstances" is there to provide some flexibility offering discretion to the City Council as to what that means. He stated it would be difficult to define what exactly that means unless there was some calculable numeric rating system to make that determination. Councilmemb er/Commissioner Myszkowski stated it is her understanding that in the past 10 years there were 15 approved deferrals and this is the first time someone has requested an appeal. Mr. Boganey replied that is correct. Councilmember/Commissioner Myszkowski stated she isn't sure at this time there is a need to devise an appeals process. Mayor/President Willson stated he agrees it doesn't seem there is much to look at right now. He stated he would be concerned about the extra administrative costs if they put a policy into effect where they have the staff reviewing the appeals and deferrals on an annual basis. He noted it would ultimately increase the fees or cost of the City residents. Mr. Boganey stated if the City 07/25/16 -1- DRAFT Council decides no appeal process is needed at this time, they only need to decide how to respond to the resident who has asked for an appeal. Mayor/President Willson stated his thought is if a property owner comes forward at a later date after being denied a deferral and has an income change and then qualifies for a deferral then the City Council would address that appeal. Mayor/President Willson asked Mr. Boganey to write up the change in the policy and bring it before the City Council at a later time along with a Resolution. ORDINANCE AMENDING CITY CODE REGARDING LICENSE HEARING REQUIREMENTS Mr. Boganey explained, this item is to allow the City Council to decide what license hearings they have come before them or if they want to allow other hearing officers at their discretion to hear certain licenses. Councilmember/Commissioner Ryan stated he believes it could be a nice option to have in situations where people are not happy with an outcome from something such as a dangerous dog violation hearing and then the City Council hears their appeal case. He stated in that situation another hearing officer could hear that case instead, allowing an uninvolved third party to make the decision instead of the City Council. Councilmember/Commissioner Myszkowski stated the idea of a third party hearing some cases worked well in the school setting by keeping emotions out of the equation and agreed with Councilmember/Commissioner Ryan, it may help in some cases. Mayor/President Willson stated he understands and agreed with Councilmembers/Commissioners Ryan and Myszkowski, however; it is the City Council who ultimately decides which cases they will hear so he doesn't see the need to change anything at this time. Councilmember/Commissioner Graves stated her concern is that it be a task assigned to someone who already has many job tasks. She noted on the other hand if it would create a new job position in the City she would be in favor of it. Mayor/President Willson stated it wouldn't create a new job position necessarily. He stated the extra cost to residents for making a change to this ordinance is not something the City is prepared to do at this time. The majority consensus of the City Council was to not move forward with the ordinance change at this time. DISCUSSION ON THE ACQUISITION OF 3 LOTS WITHIN THE SHINGLE CREEK CROSSING DEVELOPMENT Mr. Eitel provided a presentation on this item and some background. 07/25/16 -2- DRAFT Mr. Eitel stated whatever route is chosen it would be money from TIF 5 for this project. He stated he believes there are ways to get creative to move the funds around from current projects in the works to make this happen, he believes it will succeed in the future. Mayor/President Willson stated this plan expands out further than he realized and creates a water run-off. He stated he is wondering if the box culvert that goes away could be used as a device to backflow that water back upstream and have it run back through like a conduit with whatever piping would be put in there. Mi. Eitel stated possibly, it would only need to be pumped back through. Mayor/President Willson stated making it more of a water amenity could possibly create more options for funding approval from the Watershed Commission as well. He stated he likes the concept of the plan and is in favor of it. Councilmembers/Commissioners Lawrence-Anderson and Ryan concurred with the plan. Councilmember/Commissioner Myszkowski stated she appreciates Mr. Eitel' s faith in the project and continued work on it. It was the consensus of the Councilmembers/Commissioners to move forward with the plan and Mayor/President Willson asked Mr. Boganey to keep the item moving forward. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Graves seconded adjournment of the City Council/EDA/Economic Development Authority Work Session at 8:55 p.m. Motion passed unanimously. 07/25/16 -3- DRAFT City Coun©ll Agenda Item N©0 6b [iIO1SJ[SJ I fl thY4 U'A I h'A 0] 1I I1UYA I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 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 Category 3-4 units Greater than 0.25 but not more than .1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. ]Iissio11: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 0CU U0 U VI 0 VI (0 I-LI (0U 2>- U -I U0 -- Ua. 0.>.UH 0C U U VIC0)-0)-j o_ ai UH I) U o VI CO VICOJ 0 - >12 UUCU 0c - C o4- VI 00.3)0 C b0 (.0 0)I.- U)0 CLL> U U—o VI UCII cI)1/) .S! -LI- *U.' 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SUBJECT: Resolution Calling for a Public Hearing on Proposed Special Assessments for Delinquent Nuisance Abatement Costs, Delinquent Administrative Fines/Citations, and Delinquent Administrative Vacant Building Registrations Recommendation: It is recommended that the City Council consider approval/adoption of the resolution ordering a Public Hearing for Monday, September 12, 2016 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon any objections to the proposed special assessments for delinquent nuisance abatement accounts, delinquent administrative fines/citations, and delinquent administrative vacant building registrations, generally for the period July 1, 2015 up to June 30, 2016. Background: The attached resolution calls for a Public Hearing to receive public testimony and comments regarding the proposed special assessments for delinquent nuisance abatement accounts, delinquent administrative fines/citations, and delinquent administrative vacant building registrations. The special assessment amounts are specified in the attached preliminary assessment rolls and are summarized as follows; Delinquent nuisance abatement account property owners have received notice of delinquent accounts in accordance with the established collection policy and have not made payments. o Delinquent administrative fines/citations have been issued to property owners in accordance to established policy and have not been paid. o Owners of properties that have been administratively registered as vacant have received notice of delinquent accounts in accordance with the established collection policy and have not made payments. At the scheduled Public Hearing, the City Council would consider adoption of the resolution to certify the special assessment levy rolls with Hennepin County. The 2016 interest rate for special assessments is four percent, as previously established by the Council. A copy of the special assessment pending levy roll is attached. Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesances (lie quality of life for all people and preserves the public trust :iiiisiiu . *IYA i i D'A (I] UI auJ i Budget Issues: The proposed levy roll for delinquent nuisance abatement costs totals $31,760.00. The proposed levy roll for delinquent administrative fines/citations costs totals $91,085.00. The proposed levy roll for delinquent administrative vacant building registrations is $2,080.00. New proposed level rolls will be provided at the Public Hearing to reflect any payments made. Strategic Priorities: Enhanced Community Image Attachments: Resolution Notice of Public Hearing Special Assessment Certified Role Tl'Iiss!on: Ensuring an attractive, clean, safe, inclusive community (11(11 enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS WHEREAS, the City performs and incurs costs for certain neighborhood maintenance services to protect public health, safety and welfare; and WHEREAS, Minnesota Statutes Chapter 429, provides for a public hearing process to recover the costs through special assessments; and WHEREAS, the City has performed neighborhood maintenance services, billed the property owners, and has not been reimbursed by certain property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1.A hearing shall be held on the 12th day of September, 2016, in City Hall at 7 p.m. or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for the following charges: • Delinquent Nuisance Abatement Costs • Delinquent Administrative Fines/Citations • Delinquent Administrative Vacant Building Registration 2.The City Clerk with the assistance of the Director of Building and Community Standards shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 3.The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4.The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn Center that this resolution shall be effective immediately. August 08, 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. CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota, will meet in the Council Chambers of Brooklyn Center City Hall at 6301 Shingle Creek Parkway, on Monday, September 12, 2016 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon any objections to the proposed assessments for the following: DELINQUENT PUBLIC UTILITY ACCOUNTS Special Assessments are proposed for public utility charges to those tracts or parcels where such charges were delinquent as of June 30, 2016, and, after due notice to the property owner, remain unpaid, pursuant to City Ordinances, Section 4-105 and Section 4-201. DELINQUENT NUISANCE ABATEMENT ACCOUNTS It is proposed to assess the costs of delinquent abatement costs to those tracts or parcels where, pursuant to City Ordinance Section 12-1101, 12-1206, 12-1504 and in accordance with MS 429 and 463.251, abatement procedures were performed by order of City Inspectors and the cost for such abatement remains unpaid. DELINQUENT ADMINISTRATIVE FINES/CITATIONS It is proposed to assess the costs of delinquent administrative fines/citations to those tracts or parcels where, pursuant to City Ordinance Section 18-204, 18-210 and in accordance with MS 429, delinquent administrative fines/citations were issued and the cost for such fines remains unpaid. DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS It is proposed to assess the cost of administratively registering vacant buildings to those tracts or parcels where, pursuant to City Ordinance Section 12-1504 and in accordance with MS 429, administrative vacant building registration procedures were performed by order of the City Inspectors and the cost for such registration remains unpaid. PROCEDURAL INFORMATION FOR OBJECTIONS TO SPECIAL ASSESSMENTS An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.0 8 1 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment for a specific parcel of land maybe made unless the owner has filed a written objection to that objection to that assessment, signed by the affected property owner, with the City Clerk prior to the hearing or has presented such a written objection to the presiding officer at the hearing. These assessments are now on file at City Hall and open to public inspection. Written or oral objections to the proposed assessments will be considered at this meeting, but the City Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. AUXILIARY AIDS AVAILABLE UPON REQUEST Auxiliary aids for persons with disabilities are available upon request at least 96 hours (4 days) in advance of the hearing. Please contact the City Clerk at 763-569-3300 to make arrangements. Sharon Knutson, City Clerk By order of the City Council Published in the Brooklyn Center Post on August 18, 2016. City Council Agenda Item No. 6d I[I1U[iJ I I N M L'A I DWA [I] 1II P1SJ I DATE: August 8, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director M&, SUBJECT: Resolution calling for a Public Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts Recommendation: It is recommended that the City Council consider adoption of a resolution calling a public hearing for Monday, September 12, 2016 on the matter of unpaid public utility service accounts. Background: One of the City's methods for collecting unpaid utilities is to assess them to the property served by the utility. Under Minnesota Statutes (M.S. 444.075, Subd. 3f) municipalities are allowed to certify unpaid utilities to the property taxes for the parcel served by the utility. City Code Section 4-105 confirms the City's expectation that this method of collection will be used for delinquent, unpaid utility charges. For the Fall Assessment of 2016, accounts included in the preliminary assessment roll attached to this memorandum include those delinquent and unpaid as of June 30, 2016. This list is sorted and presented by the address number of the customer. This year there are 806 accounts totaling $490,754.25 in unpaid utility charges and penalties. This compares with 897 accounts totaling $458,837, at this point of the year, in 2016. With the adoption of this resolution, a letter will be sent to each of these accounts informing them of the amount due on their account, the potential assessment of the amount to their property taxes, and informing them of the Public Hearing location, date and time. Following the Public Hearing on September 12, 2016 the Council will be asked to consider a resolution certifying overdue, unpaid accounts for assessment against 2017 property taxes. Budget Issues: There are no exceptional budget issues. These amounts were previously owed. Strategic Priorities: u Resident Economic Stability Mission: Ensuriizg an attractive, clean, sife community that enhances the qualltj' of life and preserves tile public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1.A hearing shall be held on the 12th day, , of September, 2016, in City Hall at 7:00 PM or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for Delinquent Public Utility Service Accounts. 2.The City Clerk, with the assistance of the Finance Director, shall forthwith prepare assessment rolls for the above charges and shall keep them on file and open to inspection by any interested persons. 3.The City Clerk is directed to cause a notice of the Public Hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4.The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e [ES1SI(SJ I U I N MY4 UYA I IA 0) 1WI PJJA'A I DATE: August 8, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Lease of space for BC Liquor from Cass Screw Machine Products Company Recommendation: It is recommended that the City Council consider adoption of the attached resolution approving the lease document between the City, d.b.a. BC Liquor and Cass Screw Machine Products Company. Background: The City has previously leased space at Cass Screw Machine Products Company to sell Surly's "Darkness" product at "Darkness Days" a festival held in October at the Surly brewery at 4811 Dusharme Drive. The proposed lease would allow BC Liquor to continue to operate at a nearby location to the brewery during this event. The State's Liquor Control Board will allow this arrangement and the City's insurance will cover the risks under the existing BC Liquor policy. The lease will allow the City to utilize a space of 1,380 square feet at Cass Screw Machine Products, located at 3615 48th Avenue North. The terms of the lease provides enough time to set up the BC Liquor operation, sell the product, and clean up and vacate the premises. This is a one day event to be held on Saturday, October 15 th Budget Issues: Staff estimates that BC Liquor sales from this location will generate a minimum of $20,000 in net profit for BC Liquor after the costs of lease, staffing, security and mobilization. Strategic Priorities: Resident Economic Stability )i'tiss!oii: Eiisaring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A LIMITED LEASE FOR BC LIQUOR AT 361548TH AVENUE NORTH, BROOKLYN CENTER, MN 55429 WHEREAS, the City of Brooklyn Center previously operated retail liquor sales through a limited lease at 4811 Dusharme Drive in Brooklyn Center; and WHEREAS, the City has been offered the opportunity to operate retail liquor sales through a limited lease at an alternative location for a limited term. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to execute a lease between Cass Screw Machine Products Company and the City of Brooklyn Center, d.b.a. BC Liquor, for space to be used for a one day sale of alcoholic beverage for off premise consumption. August 8. 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. LEASE This Lease (the "Lease") is made as of , 2016 between the City of Brooklyn Center, doing business as BC Liquor (the "City"), a Minnesota municipal corporation, whose address is 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430; and Cass Screw Machine Products Company ("Cass Screw"), a Minnesota company, whose address is 3615 48th Avenue North, Brooklyn Center, MN 55429. ARTICLE I - BASIC LEASE PROVISIONS 1.1 DEMISED PREMISES: The City will lease from Cass Screw 1,380 square feet of space (the "Store") for the operation of a retail liquor store for off-premise consumption of liquor in connection with the Surly Brewing Company Darkness Day Event. The Store will be within the west-end of the building located at 3615 48th Avenue North in Brooklyn Center. 1.2 TERM COMMENCEMENT: The term of this Lease shall commence upon October 14, 2015 and shall expire on October 16, 2016. 1.3 RENT: A lump-sum payment of $1,000 shall be made in full prior to the expiration of the Lease. The lease payment shall cover all charges incurred by Cass Screw related to use of the leased space for the Store including, but not limited to, access to and from the Store for employees and customers, electrical power access, utility costs, custodial care and maintenance, property taxes, and insurance. 1.4 SECURITY: The City is responsible for monitoring conduct and providing security at the Store during the lease period. ARTICLE II— INSURANCE, RELEASE, IDEMNIFICATION 2.1 IDEMNIFICATION: During the lease period the City agrees to indemnify and save Cass Screw, its shareholders, directors, officers, agents, contractors, invitees, customers, employees and licensees harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of the business conducted by the City in the Store or from any breach or default on the part: of the City in the performance of any covenant which the City is to perform pursuant to this lease, or from any act of negligence of the City, its agents, contractors, invitees, customers, employees or licensees, in or about the Store. All property in the Store and all property of the City's in the Store shall be there at the City's risk and Cass Screw shall not be liable for any damage thereto or theft or misappropriation thereof. Nothing in this lease shall be deemed a waiver by the City of the limitations on liability set forth in Chapter 466 of Minnesota Statutes and the City's obligation to indemnify Cass Screw shalt be limited to the amount specified in Chapter 466 of Minnesota Statutes, less any amounts which the City is required to pay on its own behalf for claims arising out of the same occurrence. 2.2 RELEASE: Cass Screw hereby waives and releases all claims, liabilities, and causes of action against the City and its agents, servants, and employees for loss or damage to, or destruction of, the improvements in and around the Store resulting from fire, explosion or other perils insured against by Cass Screw's insurance, whether caused by the negligence of any of said persons or otherwise. The City hereby waives and releases all claims, liabilities, and causes of action against Cass Screw and its agents, servants, and employees for loss or damage to, or destruction of, any fixtures, equipment, supplies, or other property, whether that of the City or . of other in or upon the Store resulting from fire, explosion, or other perils insured against by the City's insurance, whether caused by the negligence of any said persons or otherwise. 2.3 iNSURANCE: Cass Screw shall carry and maintain insurance against such perils and in such amounts as Cass Screw may from time to time determine consistent with coverage which is now, or may in the future be, considered prudent for similar property and business situations in the Minneapolis/Saint Paul metropolitan area or which its mortgagee requires. The City shall carry and maintain, during the lease term, at its expense, the following types and amounts of insurance: Commercial General Liability on an occurrence basis with respect to the City's business and occupancy of the Store, with limits of not less than one million dollars ($ 1,000,000) per occurrence. Worker's Compensation insurance for all of the City's employees working in the Store in an amount sufficient to comply with appUcable laws and regulations. ARTICLE III - MISCELLANEOUS 3.1 RIGHT TO ENTER: Cass Screw shall have the right to enter the Store at all reasonable hours for the purposes of the inspecting thereof, making repairs or cleaning. 3.2 SURRENDER OF PREMISES: At the end of the term the City shall surrender the Store to Cass Screw in its original condition, subject to reasonable wear and tear. Prior to the surrender of the Store, the City shall remove all fixtures and property of the City and will not hold Cass Screw responsible for fixtures or property left on or in the Store upon expiration of the Lease. for the Lessor: for the Lessee: Cass Screw Machine Products Company Mayor City Manager City Council Agenda Item No. 6f DATE: August 8, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director W_ SUBJECT: 2016A General Obligation Improvement and Utility Revenue Bonds Recommendation: It is recommended that the City Council consider approval of the attached resolution setting the date of the sale of $5,655,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A to finance the construction of Palmer Lake West Area Improvements for September 12, 2016. Background: Palmer Lake West Area Improvements In 2016, the City of Brooklyn Center entered the 23rd year of its long-range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. This program has consisted of a systematic rehabilitation and/or replacement of the City's aging streets, water main, sanitary sewers, sidewalks and street lights. The City's Capital Improvement Plan identifies the Palmer Lake West Neighborhood for reconstruction in 2016. The project includes roadway and utility improvements between France Avenue to Palmer Lake Drive, from 69th Avenue to the north city limits, excluding Palmer Lake Circle. On December 14, 2015 the City Council approved a resolution ordering improvements and authorizing preparation of plans and specifications for the Palmer Lake West Area street, storm drainage and utility improvements. City Council also approved a resolution certifying the special assessments on this project. On March 14, 2016 the City Council accepted the bid and awarded the contract of Palmer Lake West Area Improvements to the lowest responsible bidder. The estimated total cost of the project is $6,820,836, of this total cost, $5,552,314 of street, sanitary sewer, storm drainage and water infrastructure costs will be financed through bond proceeds. Budget Issues: The improvement projects were included in the 2016 adopted budget. The Street Reconstruction fund which is the primary source of funding for the City's share of street reconstruction improvements receives approximately $650,000 per year in franchise fees. Franchise fees are not adequate to cover the City's share of street reconstruction expenditures which have an estimated Miss ion: Ensuring an attractive, clean, safe, inclusive COifliflhiiiity that enhances the quality of life for an people and preserves the public trust average annual cost of $3.67 million for the years 2016 through 2020 as identified in the Capital Improvement Plan (CIP). The proposed 2016A bond issue includes $1.895 million in street reconstruction costs that will be repaid from an additional debt service property tax levy. The estimated required levy for the new debt service in 2017 is approximately $227,500. The utility funds pay for infrastructure replacement costs through utility charges. Issuing debt to provide funding for the infrastructure improvements will allow the City to minimize the impact on these charges. The 2016A bond issue includes $1,235,000 in sanitary sewer costs, $1,180,000 in storm drainage costs, and $1,345,000 in water costs that will be funded through utility fees. Debt Summary (By Repayment Source) Property Tax Levy $1,895,000 Sanitary Sewer Charges 1,235,000 Storm Drainage Charges 1,180,000 Water Charges 1,345,000 Total Debt Issue $5,655,000 We have attached a copy of the recommendations for issuance of bonds prepared by the City's financial advisor, Springsted Incorporated. A bond rating call is expected to take place at the end of August, in which we anticipate that Standard & Poor's will confirm that the bonds will continue to be rated AA. The rating report will be sent to the Council when received prior to the Council meeting. Competitive proposals will be received by the City's financial advisor, Springsted Incorporated at 10:00am on September 12th, 2016. Proceeds from the bonds will be received October 13th, 2016. Doug Green, Vice President of Springsted will be present at the September 12th, 2016 Council meeting to discuss the recommendations for the sale. Strategic Priorities: Key Infrastructure Investments ?viissioii: 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 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $5,655,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2016A BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.Finding; Amount and Purpose. It is hereby found, determined and declared that the City of Brooklyn Center, Minnesota (the "City"), should issue $5,655,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A, to finance various street and utility improvement projects within the City. 2.Meeting. This City Council shall meet on the date and at the time and place specified in the form of Terms of Proposal attached hereto as Exhibit A for the purpose of awarding the sale of the Bonds. 3.Competitive Negotiated Sale. The City has retained Springsted Incorporated as an independent municipal advisor, and the City Council hereby determines to sell the Bonds by private negotiation, by way of a competitive sale in response to Terms of Proposal for the Bonds which are not published in any newspaper or journal. 4.Terms of Proposal. The terms and conditions of the Bonds and the sale thereof are ftilly set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby made a part hereof. 5. Official Statement. The City Finance Director and other officers or employees of the City are hereby authorized to participate with Springsted Incorporated in the preparation of an official statement for the BOnds. August 8, 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. RESOLUTION NO. EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $5,655,000* CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2016A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on September 12, 2016, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the proposal is submitted. (a)Sealed BiddinR. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted proposal. OR (b)Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY ®. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all proposals submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for puiposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY ® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY ® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ® The City is using the services of PARITY ® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. A-1 RESOLUTION NO. If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY ®, 1359 Broadway, 2'" Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2017. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2018 $515,000 2020 $550,000 2022 $565,000 2024 $575,000 2026 $595,000 2019 $545,000 2021 $550,000 2023 $570,000 2025 $585,000 2027 $605,000 * The City reserves the right, after proposals are opened and prior to mvard, to increase or reduce the principal amount of the Bonds or the amount of any maturity in multiples of $5, 000, In the event the amount of any maturity is mod?fled, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. A-2 RESOLUTION NO. OPTIONAL REDEMPTION The City may elect on February I, 2025, and on any day thereafter, to prepay Bonds due on or after February 1, 2026. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge net revenues of the City's utility funds. The proceeds will be used to finance street and utility improvements within the City. BIDDING PARAMETERS Proposals shall be for not less than $5,621,070 plus accrued interest, if any, on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT To have its proposal considered for award, the lowest bidder is required to submit a good faith deposit to the City in the amount of $56,550 (the "Deposit") no later than 1:00 P.M., Central Time on the day of sale. The Deposit may be delivered as described herein in the form of either (i) a certified or cashier's check payable to the City; or (ii) a wire transfer. The lowest bidder shall be solely responsible for the timely delivery of their Deposit whether by check or wire transfer. Neither the City nor Springsted Incorporated have any liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. Certified or Cashier's Check. A Deposit made by certified or cashier's check will be considered timely delivered to the City if it is made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101 by the specified time. Wire Transfer. A Deposit made by wire will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Springsted Incorporated following the receipt and tabulation of proposals. The successful bidder must send an e-mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the lowest bidder (the "purchaser") will be retained by the City and no interest will accrue to the purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. A-3 RESOLUTION NO. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about October 13, 2016, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. A-4 RESOLUTION NO. OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Bonds, and said Preliminary Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Preliminary1 Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law. By awarding the Bonds to an underwriter or underwriting syndicate, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the sole underwriter or to the senior managing underwriter of the syndicate (the "Underwriter" for purposes of this paragraph) to which the Bonds are awarded up to 25 copies of the Final Official Statement. The City designates the Underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Such Underwriter agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 8, 2016 BY ORDER OF THE CITY COUNCIL Is! Sharon Knutson City Clerk A-5 1201625 bond: 3.05%20 bond: 2.87% ., I I I ----BBI 25 Bond —BBI 20 Bond City of Brooklyn Center, Minnesota Recommendations for Issuance of Bonds $5,655,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A The Council has under consideration the issuance of bonds to fund street and utility improvements related to the Palmer Lake West Reconstruction Project. This document provides information relative to the proposed issuance. KEY EVENTS: The following summary schedule includes the timing of some of the key events that will occur relative to the bond issuance. August 8, 2016 Week of August 29, 2016 September 8, 2016 (est.) September 12, 2016, 10:00 a.m. September 12, 2016, 7:00 p.m. October 13, 2016 Council sets sale date and terms Rating conference is conducted Receipt of rating Competitive proposals are received Council considers award of the Bonds Proceeds are received RATING: Application will be made to S&P Global Ratings (S&P) for a rating on the Bonds, The City's general obligation debt is currently rated °AA" by S&P. THE MARKET: Performance of the tax-exempt market is often measured by the Bond Buyer's Index ("BBI") which measures the yield of high grade municipal bonds in the 20th year for general obligation bonds (the BBI 20 Bond Index) and the 30th year for revenue bonds (the BBI 25 Bond Index), The following chart illustrates these two indices over the past five years. BBI 25-bond (Revenue) and 20-bond (G.O.) Rates for 5 Years Ending 712112016 U)a) a: 6.0% 5.5% 5.0% 4.5% 4.0% 3.5% 3.0% 2.5% KIP KIP 1\1P 11P 4P NKIP 11P 4P 11P IKIP 11P 1\1P 1\1P 1\1P 1\1P 1\1P 1\1P IKIP 11P 1\10 1\1P Dates Prepared by springsfed Incorporated :,jI ii)OS'i.((i POST ISSUANCE The issuance of the Bonds will result in post-issuance compliance responsibilities. The COMPLIANCE: responsibilities are in two primary areas: i) compliance with federal arbitrage requirements and ii) compliance with secondary disclosure requirements. Federal arbitrage requirements include a wide range of implications that have been taken into account as your issue has been structured. Post-issuance compliance responsibilities for your tax-exempt issue include both rebate and yield restriction provisions of the IRS Code, In general terms the arbitrage requirements control the earnings on unexpended bond proceeds, including investment earnings, moneys held for debt service payments (which are considered to be proceeds under the IRS regulations), and/or reserves. Under certain circumstances any excess earnings" will need to be paid to the IRS to maintain the tax- exempt status of the Bonds. Any interest earnings on gross bond proceeds or debt service funds should not be spent until it has been determined based on actual facts that they are not "excess earnings" as defined by the IRS Code. The arbitrage rules provide for spend-down exceptions for proceeds that are spent within either a 6-month, 18-month or 24-month period in accordance with certain spending criteria. Proceeds that qualify for an exception will be exempt from rebate. These exceptions are based on actual expenditures and not based on reasonable expectations; and expenditures, including any investment proceeds, will have to meet the spending criteria to qualify for the exclusion. The City expects to meet the 18-month spending exception. Regardless of whether the issue qualifies for an exemption from the rebate provisions, yield restriction provisions will apply to the debt service fund and any project proceeds unspent after three years and the funds should be monitored on an ongoing basis. Secondary disclosure requirements result from an SEC requirement that underwriters provide ongoing disclosure information to investors. To meet this requirement, any prospective underwriter will require the City to commit to providing the information needed to comply under a continuing disclosure agreement. Springsted currently provides both arbitrage and continuing disclosure services to the City for their outstanding issues. Springsted, with City staff, will amend the existing Agreement for Municipal Advisor Services to add the Bonds for compliance purposes. SUPPLEMENTAL Supplementary information will be available to staff including detailed terms and conditions of INFORMATION AND sale, comprehensive structuring schedules and information to assist in meeting post-issuance BOND RECORD: compliance responsibilities. Upon completion of the financing, a bond record will be provided that contains pertinent documents and final debt service calculations for the transaction. RISKSISPECIAL The outcome of this financing will rely on the market conditions at the time of the sale. Any CONSIDERATIONS: projections included herein are estimates based on current market conditions. Spi inqsted Page SCHEDULES Schedules attached for the Bonds include: ATTACHED:• Sources and uses of funds • Estimated debt service schedules for the Bonds as a whole and by purpose, given the current interest rate environment • Aggregate calendar year debt service of all City utility obligations, including the Utility Portion of the Bonds SALE TERMS AND Variability of Issue Size: A specific provision in the sale terms permits modifications to the MARKETING:issue sizes and/or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Bonds maturing on or after February 1, 2026 may be prepaid at a price of par plus accrued interest on or after February 1, 2025. Bank Qualification: The City does not expect to issue more than $10 million in tax-exempt obligations that count against its $10 million limit for this calendar year; therefore, the Bonds will be designated as bank qualified. Premium Bidding: Any excess proceeds generated as original issue premium and/or unused discount will be used to reduce the principal amount of the borrowing. $1,895,000 Street Improvement Portion Description of Purpose PURPOSE:The proceeds of the Street Improvement Portion, along with other available City funds, will be used to finance street improvements related to the Palmer Lake West Reconstruction Project. AUTHORITY:Statutory Authority: The Street Improvement Portion is being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Statutory Requirements: In order to issue debt under Minnesota Statutes, Chapters 429, the projects must be at least 20% assessed. The amount of assessments to be filed against benefitted properties is in excess of 20%. SECURITY AND The Street Improvement Portion of the Bonds will be a general obligation of the City, secured SOURCE OF by its full faith and credit and taxing power. The City will levy property taxes to pay the debt PAYMENT:service on the Street Improvement Portion. Each year's collection of taxes will be used to make the interest payment due on August 1 of the collection year and the February 1 principal and interest payment due the following year. STRUCTURING In consultation with City staff, the Improvement Portion has been structured over a term of SUMMARY:10 years (matching the term of the special assessments), to result in an even annual levy requirement. The City will cash fund the assessable portion of the project from its Infrastructure Construction Fund, which reduces the amount the City needs to borrow. Street and storm drainage special assessments will be filed against benefited properties in the Palmer Lake West neighborhood. Assessments in the principal amount of $1,082,361 are expected to be certified in 2016 for first collection in 2017. Assessments will be collected over a term of ten 5prinqsted Page Statutory Requirements: Pursuant to Minnesota Statutes, Chapter 444 and the resolution awarding the Bonds, the City will covenant to maintain user rates and charges for the sanitary sewer, storm drainage and water utilities (collectively the "Utilities") in an amount sufficient to generate revenues to support the operation of the Utilities and to pay debt service. The City is required to annually review the budget of the Utilities to determine whether current rates and charges are sufficient and to adjust them as necessary. In addition to the Utility Portion of the Bonds, the City's 2015 PFA Loan and a portion of the City's 2015A Bonds are also secured by a pledge of net operating revenues of the City's Utilities. The projected maximum calendar year debt service on all general obligation utility supported debt, including the Utility Portion of the Bonds, is estimated to be $1,741,239 The table below demonstrates that net operating revenues -of the Utilities are expected to be sufficient, based on the City's 2015 audited results, to make the annual debt service payments due on all general obligation utility debt of the City. Sanitary Sewer Storm Drainage Water Fund Fund Fund Total Operating Revenues $ 2,573,493 $ 4,093,725 $ 1,635,555 $8,302,773 Operating Expenses (2,008,333)(3,656,994)(1875,824)(7,541,151) Md Back Depreciation 703,933 783,500 1,106,276 2,593,709 Md Investment Earnings 30,423 26,688 35,849 92,960 Available Net Revenues $ 1,299,516 $ 1,246,919 $ 901,856 $3,448,291 EsUmaed Maximum calendar Year Debt service $1,741,239 Estimated Coverage 1.98 SECURITY AND The Utility Portion of the Bonds will be a general obligation of the City, secured by its full faith SOURCE OF and credit and taxing power, PAYMENT:Principal and interest will be paid from the City's Water, Sanitary Sewer and Storm Drainage Funds. STRUCTURING In consultation with City staff, the Utility Portion of the Bonds has been structured over a term SUMMARY: of 10 years with approximately level annual debt service payments. SpHnqsted Page $5,655,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2016A ISSUE SUMMARY Total Issue Sources And Uses Dated 10113/2016 j Delivered 10/1312016 Street Improvement Portion Utility Improvement Portion Total Street Sanitary Sewer Storm Drainage Water Improvements Improvements Improvements Improvements $1895000.00 $1,235,000.00 $1180000.00 $1,345,000.00 $5,655,000.00 832,616.00 ---832,616.00 249,745.00 ---249,745.00 119,799.40 ---119,799.40 44,958.00 ---44,958.00 21,404.00 ---21,404.00 $3,163,622.40 $1,235,000.00 $1,180,000.00 $1,345,000.00 $6,923,522.40 3,126,052.73 1,214,549.60 1,158,462.48 1,321,771.40 6,820,836.21 25,126.48 12,737.43 12,170.16 13,871.93 63,906.00 11,370.00 7,410.00 7,080.00 8,070.00 33,930.00 973.19 302.97 2,287.36 1,286.67 4,850.19 $3,163,522.40 $1,235,000.00 $1,180,000.00 $1,345,000.00 $6,923,522.40 Sources Of Funds Par Amount of Bonds................................. Street Assessments ................................... Storm Drainage Assessments .................... Street Light Utility........................................ Capital Projects/Other city Funds............... CenterFoint Energy..................................... Total Sources Uses Of Funds Deposit to Project Construction Fund......... Costs of Issuance...................................... Total Underwriters Discount (0.600%)..... Rounding Armunt....................................... Total Use Srk 2016A 2016.07.11 I I 7115/2016 I 0,52 All Sprinqsted Page $5,655,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2016A ISSUE SUMMARY DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+l 105% Levy Fiscal Total 10/13/2016 ---_--- 08/01/2017 --62,764.00 62,764.00 65,902.20 - 02101/2018 515,000.00 0.950%39,227.50 554,227.50 581,938.88 647,841.08 08/01/2018 --36,781.25 36,781.25 38,620.31 - 02/01/2019 545,000.00 1.050%36,781.25 581,781.25 610,870.31 649,490.63 08/01/2019 --33,920.00 33,920.00 35,616.00 - 02101/2020 550,000.00 1.150%33,920.00 583,920.00 613,116.00 648,732.00 08/01/2020 --30,757.50 30,757.50 32,295.38 - 02/01/2021 550,000.00 1.200%30,757.50 580,757.50 609,795.38 642,090.75 08/01/2021 --27,457.50 27,457.50 28,830.38 - 02/01/2022 565,000.00 1.300%27,457.50 592,457.50 622,080.38 650,910.75 08/01/2022 ..-23,785.00 23,785.00 24,974.25 - 02101/2023 570,000.00 1.400%23,785.00 593,785.00 623,474.25 648,448.50 08101/2023 --19,795.00 19,795.00 20,784.75 - 02/01/2024 575,000.00 1.500%19,795.00 594,795.00 624,534.75 645,319.50 08/01/2024 --15,482.50 15,482.50 16,256.63 - 02/01/2025 585,000.00 1.600%15,482.50 600,482.50 630,506.63 646,763.25 08/0112025 --10,802.50 10,802.50 11,342.63 - 02101/2026 595,000.00 1.750%10,802.50 605,802.50 636,092.63 647,435.25 08101/2026 --5,596.25 5,596.25 5,876.06 - 02/01/2027 605,000.00 1.850%5,596.25 610,596.25 641,126.06 647,002.13 Total $5,655,000.00 -$510,746.50 $6,165,746.50 $6,474,033.83 - Mr [iiiJli Dated...........................................................................................................................................................................10 /13 /2016 DeliveryDate ...............................................................................................................................................................10/13/2016 FirstCoupon Date .................................................................................................... ....................................................8/01/20 17 Yield Statistics BondYear Dollars ....................................................................................................................................................... $33,506.50 AverageLife ............................................................................................................................................................... 5.925 Years AverageCoupon .........................................................................................................................................................1.5243207% NetInterest Cost (NIC).................................................................................................................................................1.6255846 % TrueInterest Cost (TIC) ............................................................. ..................................................................................1.6266086% Bond Yield for Arbitrage Purposes.............................................................................................................................1.5191 800 % AllInclusive Cost (AIC)................................................................................................................................................1.8313443 % IRS Form 8038 NetInterest Cost ......................... ... ..............................................................................................................................1.5243207% Weighted Average Maturity .........................................................................................................................................5.925 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. S,,ks 2016A 2016.07.14 I bs Srny I 7/15/2016 I 0/52 AM Sprinqsted Page $1,895,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2016A Street Improvements DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total PA 105% Levy Fiscal Total 10/13/2016 ------ 08101/2017 --21,056.00 21,056.00 22,108.80 - 02/01/2018 170,000.00 0.950%13,160.00 183,160.00 192,318.00 214,426.80 08/01/2018 --12,352.50 12,352.50 12,970.13 - 02/0112019 180,000.00 1.050%12,352.50 192,352.50 201,970.13 214,940.25 08/01/2019 --11,407.50 11,407.50 11,977.88 - 02/01/2020 185,000.00 1.150%11,407.50 196,407.50 206,227.88 218,205.75 08/01/2020 --10,343.75 10,343.75 10,860.94 - 02/0112021 185,000.00 1.200%10,343.75 195,343.75 205,110.94 215,971.88 08/01/2021 --9,233.75 9,233.75 9,695.44 - 02/01/2022 190,000.00 1.300%9,233.75 199,233.75 209,195.44 218,890.88 08101/2022 -..7,998.75 7,998.75 8,398.69 - 02/01/2023 190,000.00 1.400%7,998.75 197,998.75 207,898.69 216,297.38 08101/2023 -. -6,668.75 6,668.75 7,002.19 - 02/01/2024 195,000.00 1.500%6,668.75 201,668.75 211,752.19 218,754.38 08/01/2024 --5,206.25 5,206.25 5,466.56 - 02101/2025 195,000.00 1.600%5,206.25 200,206.25 210,216.56 215,683.13 08/01/2025 --3,646.25 3,646.25 3,828.56 - 02/01/2026 200,000.00 1.750%3,646.25 203,646.25 213,828.56 217,657.13 08/01/2026 -,..1,896.25 1,896.25 1,991.06 - 02/01/2027 205,000.00 1.850%1,896.25 206,896.25 217,241.06 219,232.13 Total $1,895,000.00 -$171,723.50 $2,066,723.50 $2,170,059.68 - SIGNIFICANT DATES Dated .................................................... ......................................... ..............................................................................10/13/2016 DeliveryDate ...............................................................................................................................................................10/13/2016 FirstCoupon Date........................................................................................................................................................8/01 /2017 Yield Statistics BondYear Dollars ................. ...................................................................................................................................... $11,258.50 AverageLife...............................................................................................................................................................5.941 Years AverageCoupon.........................................................................................................................................................1 .5252787 % NetInterest Cost (NIC).................................................................................................................................................1 .6262690 % TrueInterest Cost (TIC)...............................................................................................................................................1 .6272943 % Bond Yield for Arbitrage Purposes.............................................................................................................................1 .5191800% All Inclusive Cost (AIC) ................................. ...............................................................................................................1.8672078% IRS Form 8038 NetInterest Cost..........................................................................................................................................................1 .5252787 % Weighted Average Maturity .........................................................................................................................................5.941 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriters discount bid may also vary. 2016A 2016.07.14 I St I 711512016 I 852 Al! SpI inqsted Page7 $1,235,000 City of Brooklyn Center, Minnesota General Qbligation Improvement and Utility Revenue Bonds, Series 2016A Sanitary Sewer Improvements DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+l 105% Levy Fiscal Total 10113/2016 ------ 08/01/2017 --13708.00 13,708.00 14,393.40 - 02101/2018 110,000.00 0.950%8567.50 118567.50 124,495.88 138,889.28 08/01/2018 --8,045.00 8,045.00 8447.25 - 02101/2019 120000.00 1.050%8,045.00 128,045.00 134,447.25 142,894.50 08/01/2019 --7,415.00 7,415.00 7,785.75 - 02101/2020 120,000.00 1.150%7,415.00 127,415.00 133,785.75 141,571.50 08/01/2020 --6,725.00 6725.00 7,061.25 - 02/01/2021 120,000.00 1.200%6,725.00 126,725.00 133,061.25 140,122.50 08/0112021 --6,005.00 6,005.00 6,305.25 - 02/01/2022 125,000.00 1.300%6,005.00 131,005.00 137,555.25 143,860.50 08/01/2022 --5,192.50 5,192.50 5,45213 - 02/01/2023 125,000.00 1.400%5,192.50 130,192.50 136,702.13 142,154.25 08/0112023 --4,317.50 4,317.50 4,533.38 - 02/01/2024 125,000.00 1.500%4,317.50 129,317.50 135,783.38 140,316.75 08/01/2024 --3,380.00 3,380.00 3,549.00 - 02/0112025 130,000.00 1.600%3,380.00 133,380.00 140,049.00 143,598.00 08101/2025 --2,340.00 2,340.00 2,457.00 - 0210112026 130,000.00 1.750%2,340.00 132,340.00 138,957.00 141,414.00 08/01/2026 --1,202.50 1,202.50 1,262.63 - 02/01/2027 130,000.00 1.850%1,202.50 131,202.50 137,762.63 139,025.25 Total $1,235,000.00 -$111,520.50 $1,346,520.50 $1,413,846.53 - SIGNIFICANT DATES Dated.......................................................................................................... DeliveryDate.............................................................................................. FirstCoupon Date....................................................................................... Yield Statistics BondYear Dellars...................................................................................... AverageLife.............................................................................................. Average Coupon........................................................................................ Net Interest Cost (NIC)............................................................................... True Interest Cost (TIC).............................................................................. Bond Yield for Arbitrage Purposes............................................................ All Inclusive Cost (AIC).............................................................................. IRS Form 8038 NetInterest Cost........................................................................................ Weighted Average Maturity....................................................................... Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriters discount bid may also vary. 10/13/2016 10/13/2016 8/01/2017 $7,320.50 5.928 Years 1.5234000% 1.6246226% 1.6256638% 1.5191800% 1.8122963% 1.5234000% 5.928 Years S,k., 2016A 2016.07-14 I &6toy I 711512016 I 052 461 ¶pHnqted Page $1,180,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2016A Storm Drainage Improvements DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+l 105% Levy Fiscal Total 10/13/2016 ------ 08/01/2017 --13,080.00 13,080.00 13,734.00 - 02/01/2018 110,000.00 0.950%8,175.00 118,175.00 124,083.75 137,817.75 08/01/2018 -7,652.50 7,652.50 8,035.13 - 02/0112019 115,000.00 1.050%7,652.50 122,652.50 128,785.13 136,820.25 08/01/2019 --7,048.75 7,048.75 7,401.19 - 02/0112020 115,000.00 1.150%7,048.75 122,048.75 128,151.19 135,552.38 08/01/2020 --6,387.50 6,387.50 6,706.88 - 02/01/2021 115,000.00 1.200%6,387.50 121,387.50 127,456.88 134,163.75 08101/2021 --5,697.50 5,697.50 5,982.38 - 02/0112022 115,000.00 1.300%5,697.50 120,697.50 126,732.38 132,714.75 08101/2022 --4,950.00 4,950.00 5,197.50 - 02101/2023 120,000.00 1.400%4,950.00 124,950.00 131,197.50 136,395.00 08/01/2023 --4,110.00 4,110.00 4,315.50 - 02101/2024 120,000.00 1.500%4,110.00 124,110.00 130,315.50 134,631.00 08/01/2024 --3,210.00 3,210.00 3,370.50 - 02/01/2025 120,000.00 1.600%3,210.00 123,210.00 129,370.50 132,741.00 08/01/2025 --2,250.00 2,250.00 2,362.50 - 02/01/2026 125,000.00 1.750%2,250.00 127,250.00 133,612.50 135,975.00 08/01/2026 --1,156.25 1,156.25 1,214.06 - 0210112027 125,000.00 1.850%1,156.25 126,156.25 132,464.06 133,678.13 Total $1,180,000.00 -$106,180.00 $1,286,180.00 $1,350,489.00 - SIGNIFICANT DATES Dated................................................................................................... DeliveryDate....................................................................................... FirstCoupon Date............................................................................... Yield Statistics Bond Year Dallars.......................... Average Life.................................. Average Coupon............................ Net Interest Cost (NIC).................... True Interest Cost (TIC).................. Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC).................. IRS Form 8038 Net Interest Cost..................................................................... Weighted Average Maturity.................................................... Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. 10/13/2016 10/13/2016 8/01/2017 $6,969.00 5.906 Years 1.5236045% 1.6251973% 1.6262129% 1.5191800% 1.8135321% 1.5236045% 5.906 Years S,vs 2016A 2016.07-14 I I 7115/2016 18,52AM ¶pi inqsed Page $1,345,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2016A Water Improvements DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+l 105% Levy Fiscal Total 10/13/2016 ------ 08/0112017 --14920.00 14920.00 15,666.00 - 02101/2018 125,000.00 0.950%9,325.00 134,325.00 141,041.25 156,707.25 08/01/2018 --8,731.25 8,731.25 9,167.81 - 02101/2019 130,000.00 1.050%8,731.25 138,731.25 145,667.81 154,835.63 08/01/2019 --8,048.75 8,048.75 8,451.19 - 02/01/2020 130,000.00 1.150%8,048.75 138,048.75 144,951.19 153,402.38 08101/2020 -..7,301.25 7,301.25 7,666.31 - 02/01/2021 130,000.00 1.200%7,301.25 137,301.25 144,166.31 151,832.63 08/01/2021 --6,521.25 6,521.25 6,847.31 - 02/01/2022 135,000.00 1.300%6,521.25 141,521.25 148,597.31 155,444.63 08/0112022 ..-5,643.75 5,643.75 5,925.94 - 02101/2023 135,000.00 1.400%5,643.75 140,643.75 147,675.94 153,601.88 08/01/2023 --4,698.75 4,698.75 4,933.69 - 02/01/2024 135,000.00 1.5001/6 4,698.75 139,698.75 146,683.69 151,617.38 08101/2024 --3,686.25 3,686.25 3,870.56 - 02101/2025 140,000.00 1.600%3,686.25 143,686.25 150,870.56 154,741.13 08/01/2025 --2,566.25 2,566.25 2,694.56 - 02101/2026 140,000.00 1.750%2,566.25 142566.25 149,694.56 152,389.13 08/01/2026 --1,341.25 1,341.25 1,408.31 - 0210112027 145,000.00 1.850%1,341.25 146,341.25 153,658.31 155,066.63 Total $1,345,000.00 -$121,322.50 $1,466,322.50 $1,539,638.63 - SIGNIFICANT DATES Dated...........................................................................................................................................................................10/13/2016 DeliveryDate ............................................................................................................................................................... 10/13/2016 FirstCoupon Date........................................................................................................................................................8/01 /2017 Yield Statistics BondYear Dollars .......................................................................................................................................................$7,958.50 AverageLife...............................................................................................................................................................5.917 Years AverageCoupon .........................................................................................................................................................1.5244393% NetInterest Cost (NIC) .................................................................................................................................................1.6258403% True Interest Cost (TIC) ...................................................................... .........................................................................1.6268545% Bond Yield for Arbitrage Purposes.............................................................................................................................1 .5191800 % AllInclusive Cost (AIC) ................................................................................................................................................1.8138370% IRS Form 8038 NetInterest Cost..........................................................................................................................................................1 .5244393 % WeightedAverage Maturity ................................................................................ . ........................................................5.917 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. So,ks 2016A 2016.07-14 I Water J,oprovo,o,,t I 7115/2016 I 852 AM SpHncjsled PagelO City of Brooklyn Center, Minnesota General Obligation Debt Paid from Utility Funds Aggregate Calendar Year Debt Service Calendar Series 2015A 2015 PFA Loan Series 2016A Series 2016A Series 2016A TOTAL Year Water Water Sanitary Sewer Storm Drainage Water Improvements -Improvements Improvements Improvements Improvements Ref 2010A BABS 2016 175,195.07 1,140,470.00 ---1,315,665.07 2017 195,037.50 1,141,030.00 13,708.00 13,080.00 14,920.00 1,377,775.50 2018 191737.50 1,140,490.00 126,612.50 125,827.50 143,056.25 1,727,723.75 2019 168,437.50 1,140,860.00 135,460.00 129,701.25 146,780.00 1,741,238.75 2020 185,137.50 1,140,130.00 134,140.00 128,436.25 145,350.00 1,733,1 93.75 2021 181,837.50 1,140,310.00 132,730.00 127,085.00 143,822.50 1,725,785.00 2022 186,437.50 1,140,390.00 136,197.50 125,647.50 147,165.00 1,737,837.50 2023 164,937.50 1,140,370.00 134,510.00 129,060.00 145,342.50 1,734,220.00 2024 181,218.75 1,140,250.00 132,697.50 127,320.00 143,385.00 1,724,871.25 2025 172,125.00 1,141,030.00 135,720.00 125,460.00 146,252.50 1,720,587.50 2026 -1,140,700.00 133,542.50 128,406.25 143,907.50 1,546,556.25 2027 -1,140,270.00 131,202.50 126,156.25 146,341.25 1,543,970.00 2028 -1,140,740.00 ---1,140,740.00 2029 -1,141,100.00 ---1,141,100.00 2030 -1,140,350.00 ---1,140,350.00 2031 -1,140,500.00 ---1,140,500.00 2032 -1,140,540,00 ---1,140,540.00 2033 -1,140,470.00 --1,140,470.00 2034 -1,140,290.00 ---1,140,290.00 -$1,844,101.32 $21,670,290.00 $1,346,520.50 $1,286,180.00 $1,466,322.50 $27,613,414.32 Par Amounts Of Selected Issues 2015A Ref 2010A BABS.......................................... 2015 PFA Loan........................................................ 2016A -Sanitary Sewer ln'proven'nts.................... 2016A -Storm Drainage lmproven'wnts..................... 2016A -Water lirproverTents................................... TOTAL ..................................................................... 1,660,000.00 19,662,352.00 1,235,000.00 1,180,000.00 1,345,000.00 25,082,352.00 Aggregate 712212016 I 1057A2f S1 inqsced Page 11 City Council Agenda Item No. 6g •1IJ[iJiU U LU*'A (I] i'II I1BJA I DATE: August 2, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Mike Albers, Project Manager Y/_ SUBJECT: Resolution Authorizing Execution of a Professional Services Areement, Project No. 2018-05, Brooklyn Boulevard Corridor Project Phase 1 (49t Avenue to Bass Lake Road) Recommendation: It is recommended that the City Council consider approval of the resolution authorizing execution of a Professional Services Agreement for the Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road). Background: On May 9, 2016, the City Council directed staff to proceed with the preliminary design, environmental documentation, easement acquisition and final design work for the Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road), Project No. 2018-05. City staff in cooperation with Hennepin County solicited proposals for this work and received two from consultants that would be able to provide the professional services necessary. A four person team made up of City and County staff evaluated and ranked the proposals. A subsequent followup interview was conducted with the top candidate. Based on project understanding, work plan, experience, team and fees, SRF Consulting Group, Inc., is recommended to provide the needed professional services. SRF Consulting Group, Inc. is available to start immediately to proceed with the Brooklyn Boulevard Corridor Project over the next three year period. Budget Issues: The Brooklyn Boulevard Corridor Project is identified in the City's Capital Improvement Program for 2018 with a total project cost of $14,600,000. Federal funding through the Surface Transportation Program has been awarded to the City for this project in the amount of $7,420,000 and the remaining project costs are to be funded from local funding as part of the required cost share. Local funding partnerships and proportions are continuing to be formulated and are anticipated to include Hennepin County, City of Brooklyn Center and other possible funding from local jurisdictions. Hennepin County has designated $3,831,000 as part of the County's Capital Improvement Program for this project and City funding is programmed under the City's Capital Improvements Fund. The contract with SRF Consulting Group, Inc., for the preliminary and final design, construction administration and inspection amounts to $2,231,682.00, which is an estimated 18 percent of the project construction cost. Strategic Priorities: Key Infrastructure Investments 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 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 2018-05, BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE I (49TH AVENUE TO BASS LAKE ROAD) WHEREAS, the Brooklyn Center City Council approved the Brooklyn Boulevard Corridor Study as a planning and development guide for the corridor under Resolution 2013-60; and WHEREAS, the City received a federal aid grant in the amount of $7,420,000 to participate in the Brooklyn Boulevard Corridor improvements, programmed for 2018 construction; and WHEREAS, Hennepin County has designated $3,831,000 as part of the County's Capital Improvement Program to participate in the Brooklyn Boulevard Corridor improvements; and WHEREAS, the City's Capital Improvement Program identifies the Brooklyn Boulevard roadway and streetscape improvements from 49th Avenue to Bass Lake Road to be constructed in 2018; and WHEREAS, on May 9, 2016, the City Council approved a resolution establishing the improvement project and directed staff to proceed with preliminary design, environmental documentation, easement acquisition and final design as required to meet the Federal Aid Project requirements for the Brooklyn Boulevard Corridor Project Phase 1 (49 th Avenue to Bass Lake Road), Project No. 2018-05; and WHEREAS, estimated project costs are as follows: COSTS AMOUNT Construction: $10,792,000 Easement Acquisition: $ 537,000 Contingency: $ 739,000 Engineering/Administrative/Legal $ 2.532,000 Estimated Total Costs $14,600,000 and WHEREAS, a professional services agreement has been negotiated with SRF Consulting Group, Inc., to provide the professional services needed to perform said project. Funding for engineering, administration and legal shall be funded temporarily out of the Infrastructure Construction Fund. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute an agreement with SRF Consulting Group, Inc., in the amount of $2,231,682.00 to provide professional services for the Brooklyn Boulevard Corridor Project Phase 1. August 8, 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. PROFESSIONAL SERVICES AGREEMENT This Agreement is made on the 8th day of August, 2016, between the CITY OFBROOKLYN CENTER, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ("City") and SRF CONSULTING GROUP, INC., One Carlson Parkway North, Suite 150, Minneapolis, MN 55447 ("Consultant"). Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional engineering services by the Consultant for the City. The City and Consultant agree as follows: Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Proposal and Scope of Work. Consultant agrees to use the City's standard specifications in any bidding documents prepared under this Agreement. The requirements of this section may be waived by the City if the City Engineer determines that they are not necessary for the successful completion of the project. Consultants requesting a requirement to be waived must have written authorization from the City Engineer. 2.Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the prescribed days from the date of the contract award. Any changes in this schedule must be approved in writing by the City. 3.Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A, attached and made a part of this Agreement and may be amended from time to time by mutual agreement by City and Consultant. 4.Method of Payment. The Consultant must submit itemized bills for services provided to the City on a monthly basis. Bills submitted will be paid in the same manner as other claims made to the City. For work reimbursed on an hourly basis, the Consultant must indicate for each employee, his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the original contracted amount ($2,231,682.00), the current requested amount, and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. 5.Audit Disclosure. The Consultant must allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Professional Services Agreement Page 2 Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 6.Term. The term of this Agreement will be from August 8, 2016, through December 31, 2019, the date of signature by the parties notwithstanding. This Agreement may be extended upon the Written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 7.Termination. This Agreement may be terminated by City by 30 day's written notice to Consultant delivered to the address written above. Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. 8.Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 9.Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10.Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11.Services not Provided for. No claim for services furnished by the Consultant not specifically provided for herein will be honored by the City. 12.Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 13.Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Professional Services Agreement Page 3 Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14.Compliance with Laws and Regulations. In providing services hereunder, the Consultant must abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15.Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant must postin places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 16.Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17.Indemnification. The Consultant must indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his employees, or anyone else for whom he is legally responsible in the performance of this Agreement. 18. Insurance. During the term of this Agreement, Consultant must maintain a general liability insurance policy with limits of $1,500,000 for each occurrence and aggregate, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as for general liability. A certificate of insurance on the City's approved form which verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. Professional Services Agreement Page 4 19.Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 20.Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. SRF CONSULTING GROUP, INC. By:_____ By: Mayor Date: Its: Contracts Officer Date: By: Cornelius Boganey, City Manager Date: City Council Agenda Item No 6hi [EI1IJa[iJIRI M LA I1k'A[I) 1II hAil DATE: August 2, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engine---, /' SUBJECT: Resolution Authorizing Execution of a Site Lease Agreement with New Cingular Wireless PCS, LLC, at Water Tower No. 3 Recommendation: It is recommended that the City Council consider approval of a resolution authorizing execution of a site lease agreement with New Cingular Wireless PCS, LLC, at Water Tower No. 3. Background: New Cingular Wireless PCS, LLC, has submitted an application to the City to place wireless antennas on Water Tower No. 3 (Centerbrook Golf Course). The application was submitted along with the required application fee. The attached site lease agreement has been reviewed by the City Attorney. City staff is currently finalizing review of the tenant's construction plans and New Cingular Wireless PCS, LLC, will be issued a building permit once staff approves the construction plans. Budget Issues: The Water Utility Fund will receive an annual fee in accordance with the site lease agreement amounting to $36,745.47, as established for 2016. The cell company will be charged lease fees starting after the City's painting project is complete. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive coinmuniti' 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 AUTHORIZING EXECUTION OF A SITE LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, AT WATER TOWER NO.3 WHEREAS, New Cingular Wireless PCS, LLC, has submitted to the City a request to lease space in and on City Water Tower No. 3, along with the required application fee; and WHEREAS, as compensation for the use of City facilities, New Cingular Wireless PCS, LLC, agrees to pay an annual lease payment of $36,745.47. The payment will be prorated for the first year then annually increased by a minimum of five percent for twenty-years represented by one five-year lease period with three five-year renewals; and WHEREAS, the City and New Cingular Wireless PCS, LLC, have negotiated a lease agreement that is consistent with the City's Policy Regarding Wireless Telecommunications Facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The lease agreement between New Cingular Wireless PCS, LLC, and the City of Brooklyn Center for the placement of antennas at Water Tower No. 3 is hereby approved. The Mayor and City Manager are hereby authorized to execute said lease agreement. 2. All lease payments collected from said lease will be deposited into the Water Utility Fund. August 8, 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. TABLE OF CONTENTS 1,Leased Premises 2,Rent (a)Amount, Adjustments (b)Time of Payment, Taxes 3. Governmental Approval Contingency (a)Tenant Application (b)Engineering Studies (c) Non-approval 4. Term and Renewals 5. Tenants Use. (a)User Priority (b)Purposes (c)Construction (d)Operation (e)Maintenance, Improvement Expenses (f)Replacements (g)Drawings (h)No Interference (i)Access (j)Payment of Utilities 6. Emergency Facilities. 7.Additional Maintenance Expenses 8.Defense and Indemnification (a)General (b)Hazardous Materials (c) Tenant's Warranty 9. Insurance (a)Workers Compensation (b)Commercial Liability (c)Automobile Liability (d)Tenant Property Insurance (e)Additional Insured - Certificate of Insurance (f)Waiver of Claims Subrogation (gAdjustment to Insurance Coverage Limits (h) Self Insure 10. Damage or Destruction 111. Lease Termination (a)Events of Termination (b)Notice of Termination (c)Tenant's Liability for Early Termination (d)Site Restoration 12. Limitation of Landlord's Liability 13. Temporary Interruptions of Service 14, Tenant Interference (a)With Structure (b)With Higher Priority Users (c)Interference Study - New Occupants (d)Interference - New Occupants 15.Assignment and Subletting 16.Condemnation 17, Disputes 18,Enforcement and Attorneys' Fees 19, Notices 20.Authority 21.BindingEffect 22.Complete Lease Amendments 23.Governing Law 24.Severability 25.Memorandum 26.Waiver of Landlord's Lien 27.Warranty of Title and Quiet Enjoyment 28.Default and Right to Cure 29.Waiver 30.Compliance with Laws 31.Rental Stream Offer SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ("Lease"), made this day of 2016 (the "Effective Date") between City of Brooklyn Center, a Minnesota Municipal Corporation ("Landlord'), and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Tenant"). For good and valuable consideration, the parties agree as follows: 1.Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property "Property" (as defined below), containing approximately 240 square feet for the placement of Tenant's radio cabinets and/or equipment shelter located at 5401 Vincent Avenue North, City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto the ("Property"), subject to any and all existing easements, and a portion of the Water Tower ("Structure") as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's City Engineer, together with appurtenant easements and access rights (collectively, the "Leased Premises"). 2.Rent. (a) Amount, Adjustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the 2016 amount of Thirty-Six Thousand Seven Hundred Forty-Five and Forty-Seven cents ($36,745.47) the "Rent") for the initial year, which shall be increased each year on January 1, by the greater of: (a) five percent (5%) of the previous year's annualized rental, or by an amount equal to the increase in the Consumer Price Index ("CPI"), "Consumer Price Index" will mean the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for Urban Wage Earners and Clerical Workers (CPI-W), U.S. City Average, All Items (1982-84=100), not seasonally adjusted. In the event the Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination of New Rent will be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics, or if the Bureau should fail to publish same, then with the use of such conversion factor, formula or table for converting the Consumer Price Index as maybe published by Prentice Hall, Inc., Commerce Clearinghouse or any other nationally recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published and there is no successor thereto, such other index as Landlord and Tenant may agree upon will be substituted for the Consumer Price Index. The resulting percentage fixture shall be multiplied by the previous year's rent (annualized for the first year). Notwithstanding anything herein to the contrary, in no event will the increase in Rent be greater than fifteen percent (15%). April 2016 Page 1 (b) Time of Payment Taxes. The annual Rent shall be paid on or before January 1 of each year. For the first year, the Rent shall be prorated for the period between the date that Tenant commences construction (the "Rent Commencement Date") and December 31 and shall be paid to Landlord in full within forty five (45) days after the Rent Commencement Date. In no event shall the Rent Commencement Date be later than November 1, 2017. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below within thirty (30) days of final execution of this Lease, Landlord shall refund the Tenant Rentpayment made at the time of Lease execution and this Lease shall terminate. Landlord agrees to notify Tenant of any taxes or other charges imposed upon the property by a governmental agency. In addition to the annual Rent, Tenant agrees to timely pay its pro rata share of any taxes or other charges imposed upon the property by a governmental agency required as a result of this Lease and all other payments required herein. 3. Governmental Approval Contingency. (a)Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering studies specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals. (b)Engineering Studies, Before obtaining a building permit, Tenant must submit a study or studies that shall address, but not be limited to the following: (i) a radio frequency interference study carried out by an independent and qualified professional approved by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the presence of the Tenant's Facilities, as defined in Subparagraph 5 (b), will not prejudice the use of the Structure, inhibit the Landlord's operation and maintenance of the facility and its appurtenances, inhibit access, nor damage the Structure, its coatings, or its appurtenant facilities. If Landlord concludes after review of the study that there is a potential for interference that cannot be reasonably remedied, or for prejudice to the Structure or its use, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. The Landlord, at the sole discretion of the Landlord, may hire an independent consultant to review the engineering study or studies, as defined in Subparagraph 5 (b),construction drawings and plans for structural and practical considerations, and to inspect and monitor all construction and installation work for quality assurance and quality control. The Tenant must pay all associated costs of such independent consultants prior to obtaining a building permit. April 2016 Page 2 Cllj' ofBrooklyn Center Lease Agreement (c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by goveimnental authority so that Tenant will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed pro rata based on the effective date of the termination, for the Rent payment if made pursuant to Subparagraph 2(b) above. Notice of Tenants exercise of its right to terminate shall be given to Landlord, in accordance with Section 19 hereof in writing and shall be effective upon receipt of such notice byLandlord as evidenced by the return receipt, and receipt by the Landlord of the performance bond, irrevocable letter of credit, or other security required by paragraph 11 (d). Upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other except for obligations for payments of money incurred prior to the effective date of termination and except for any other obligations which, by the terms of this lease, are to survive termination. 4.Term and Renewals. The "Initial Term" of this Lease shall commence on the Effective Date, and end on December 31 of the fifth calendar year of the Lease including any first partial year. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ("Renewal Term") commencing on January 1 following the expiration date of the Initial Tenn or of any subsequent Renewal Term. This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non-renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Paragraph 19 of this Lease. 5.Tenant's Use. (a)User-Priority. Tenant agrees that the following priorities ofuse, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1.Landlord; 2.Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3.Other governmental agencies where use is not related to public safety; 4.Tenant; and S. Other Government-regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. April 2016 Page 3 City ofBraoklyn ('enter Lease Agreement (b)Purposes Tenant has the right to perform routine maintenance, repairs and replacements, as necessary, so long as they are like-for-like changes or needed operations repairs. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenant's use of the Leased Premises shall at all times be in compliance with those construction drawings attached hereto as Exhibit B, the approval of which is hereby acknowledged. Tenant's use of the Structure shall be non- exclusive, and Landlord specifically reserves the right to allow the Structure to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Property. Tenant's communication antenna facility shall consist of 9 antennas centered at 11 Sft AGL (feet above ground level), along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ("Tenant Facilities"). As used in this Agreement, the terms "accessory building" or "building" shall mean the fenced in compound and cabinets as shown in the drawings attached as Exhibit B. Landlord and Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c)Construction. Tenant may erect and operate an antenna array with up to nine (9) antennas in accordance with its approved construction drawings attached as Exhibit B and those construction drawings attached as Exhibit B. Tenant may not increase the number of antennas beyond nine (9) without first securing the approval of Landlord by written amendment to this Lease. (d)Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Tenant Facilities on the Leased Premises in accordance with good engineering practices and with all applicable local, state, and federal laws, rules and regulations. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense, said repairs to be undertaken promptly in the event the damage endangers the safe operation of the water tower, or within thirty (30) days in the event the damage does not endanger the safe operation of the water tower. If the Tenant has been provided notice and fails to undertake or complete these repairs, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. The Tenant Facilities shall remain the exclusive property of the Tenant, (e)Maintenance, Improvement Expenses. All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including Tenant Facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and kept secured by Tenant. If Tenant's Facilities are April 2016 Paged City ofBrookl'n Center Lease Agreement mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. The Tenant agrees to clean and/or repair any damage done to its antennas or equipment due to vandalism within three (3) business days of notification of such damage. Furthermore, the Tenant agrees to pay all documented costs associated with said cleaning or repair of its Tenant Facilities. If repair is not commenced within three (3) business days notification, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. (0 Replacements. Before the Tenant may update, modify, or replace the Tenant Facilities other than as provided for in the construction drawings attached as Exhibit B, Tenant shall request the approval of the Landlord and provide detailed plans and specifications to Landlord. Tenant shall submit to Landlord such detailed plans and specifications for any such replacement facilities together with any other information reasonably requested by Landlord regarding such update, modification, or replacement; including but not limited to a technical study, all of which will be carried out at Tenant's expense including an additional administration fee as deemed appropriate by the Landlord to cover all expenses, so long as documented. Landlord may not unreasonably withhold said approvals above. (g)Drawings. Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Tenant Facilities. Tenant shall not be required to list the equipment located within Tenant's building with the exception of any item which may be considered Hazardous Material as defined in paragraph 8(b) of this Lease. (h)No Interference. Tenant shall, at its own expense, maintain any of its equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Tenant Facilities, Tenant shall notify Landlord of its intent to gain access to the Structure at least twenty-four (24) hours in advance, except in an emergency. Such access shall be coordinated with Landlord so as not to interfere with Landlord's maintenance or other activities, U) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. April 2016 Page 5 C/li' ofBrooklyn center Lease Agreement 6.Emergency Facilities. In the event of a natural 01: man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Tenant Facilities and install additional equipment (including a cell-on-wheels) on a temporary basis on the Leased Premises or other mutually acceptable location on the Property to assure continuation of service. Such temporary operation shall not exceed 90 days in any calendar year unless Tenant obtains written approval from the Landlord. 7.Additional Maintenance Expenses, Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenants occupancy of the Leased Premises. Tenant acknowledges the need for periodic maintenance of the Structure, including repair of tile Structure and its coatings. Tenant must remove Tenant Facilities at Tenant's cost, upon reasonable notice to allow maintenance, repair, repainting, restoration or other activity as determined and required by Landlord. Landlord will not be responsible for scheduled interruptions in use of the Tenant Facilities. Except in the case of an emergency, Landlord must provide Tenant thirty (30) days' notice of commencement of maintenance activities In case of an emergency, Landlord may remove Tenant Facilities, at the Tenant's expense, and shall notify Tenant within a reasonable time. An "emergency" shall be deemed to exist in those situations which constitute an immediate threat to the health or safety of the public or immediate danger to the Landlord's facilities or property. In the event the use of the Tenant Facilities is interrupted, Tenant may provide and maintain mobile cellular sites on wheels on the Property only after such temporary facilities have been approved by Landlord, on land owned or controlled by Landlord in the immediate area of the Property. Tenant is responsible for any cost associated with the protection of the Tenant Facilities during these periodic or emergency activities, Tenant further agrees that the Landlord is not responsible for transmission lines during routine maintenance. Tenant may, at Tenant's own expense, test said lines before and after maintenance. 8. Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys fees and other costs and expenses of litigation, which maybe asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease arising directly from Tenant's installation, maintenance, and operation of its Tenant Facilities or Tenant's use of the Leased Premises, except to the extent arising from the negligence, willful misconduct, or other fault of Landlord, its employees, agents, or contractors or other user of the property. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant Facilities, equipment and related April 20)6 Page 6 City ofBrooMyn Center Lease Agreeme,,! facilities on the Leased Premises. Landlord agrees to defend, indemnify and hold Tenant harmless from any and all costs (including reasonable attorney's fees) and claims of liability or loss which arise out of Landlord's use of the Leased Premises, except those which arise from the negligence, willful misconduct, or other fault of Tenant. Landlord shall not be obligated to indemnify Tenant in any amount in excess of the limitations of liability set forth in Minnesota Statutes, Chapter 466, less any amounts which Landlord is obligated to pay by reason of the liability of the Landlord, its officers, employees, and agents arising out of the same act or occurrence. (b)Hazardous Materials. Without limiting the scope of Subparagraph 10 (a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises resulting from the Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERcLA. Landlord represents that (1) that neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Property in violation of any law or regulation, and (2) that Landlord will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. To the extent required under applicable law, Landlord will be responsible for any and all claims, costs, and liabilities arising out of or in connection with the clean-up or restoration of the Leased Premises associated with the use of Hazardous Materials by Landlord, its employees or agents. Landlord will defend, indemnify and hold Tenant, its agents and employees harmless from and against any and all claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with the clean-up or restoration of the Leased Premises resulting from Landlord's use of Hazardous Materials. Landlord shall not be obligated to indemnify Tenant in any amounts in excess of any limitations on liability set forth in Minnesota Statutes, Chapter 466, less any amounts that Landlord is obligated to pay by reason of the liability of Landlord, its officers, employees, and agents for claims arising out of the same act or occurrence. (c)Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials in violation of any law or regulation governing the use, transport, or storage of Hazardous Materials. Tenant agrees to notify the Landlord in writing within 48 hours of Tenant having knowledge of the existence of Hazardous Materials on the Leased Premises. The obligation of this Paragraph 8 shall April 2016 Page 7 iiy qfBraoklyn Center Lease Agreement survive the expiration or other termination of this Lease. In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant's reasonable determination, renders the condition of the Leased Premises or Property unsuitable for Tenant's use, or if Tenant believes, after discovery of Hazardous Materials that the leasing or continued leasing of the Leased Premises would expose Tenant to undue risks of liability to a government agency or third party, Tenant will have the right to terminate this Lease upon written notice to Landlord. 9. Insurance (a) Workers Cornpens'ation. The Tenant must maintain Workers Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b)Commercial Liability. The Tenant must maintain commercial general liability coverage with limits of liability of$ 1,500,000 each occurrence; $1,500,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the commercial general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying commercial general liability coverages. (c)Automobile Liability. The Tenant must Carly Automobile Liability coverage. Coverage shall afford total liability limits in the amount of $1,500,000 per accident. The liability limits may be afforded under the Commercial Automobile Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage afforded by the Umbrella Excess Policy are no less than the underlying Commercial Automobile Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection. (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to Tenant Facilities at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. Tenant may self-insure this coverage. April2016 Page 8 C'itj' oj'B,00klyn Center Lease Agreement (e)Additional Insured - Certificate of insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company authorized to do business in the state of Minnesota, such insurance company to have an AM Best rating of at least A-Vu, which includes all coverages required in this paragraph 9. Tenant will include the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. Landlord's additional insured status shall (i) be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors; (ii) not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; aid, (iii) not exceed Tenant's indemnification obligation under this Lease, if any. Tenant shall provide at least thirty (30) days prior written notice to the Landlord of any required coverage that is not replaced. (f)Waiver of Claims Subrogation. Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage that may occur to the Leased Premises or any improvements thereto, or the Structure or any improvements thereto, or any property of such party therein, by reason of fire or any other cause which could be insured against under the terms of standard fire and extended coverage (all-risk) insurance policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each required insurance policy obtained by it to provide that the insurer waives all rights of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this section will be effective whether or not the loss was actually covered by insurance. Tenant assumes all risk of loss or damage of Tenant's property or leasehold improvements within the Leased Premises, including any loss or damage caused by water leakage, fire, windstorm, explosion, theft, act of any tenant, or other cause. Landlord will not be liable to Tenant, or its employees, for loss of or damage to any property in or at the Leased Premises or the Structure, (g)Adjustment to Insurance Coverage Limits. Liability coverage required by paragraphs 9(b) and (c) shall be increased as needed so that the coverage per occurrence is, at all times, the same or greater than the maximum liability for municipalities specified in Minnesota Statutes, Section 466.04 for any number of claims arising out of the same occurrence. (h)Notwithstanding the foregoing, Tenant shall have the right to self-insure the coverages required in this Section. In the event Tenant elects to self-insure its obligation April 2016 Page 9 City qfB,00klj'n Center Lease Agreement to include Landlord as an additional insured, the following provisions shall apply (in addition to those set forth in subsection (e)): (i)Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii)Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and (iii) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like 10.Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Tenant Facilities, Tenant may elect to terminate this Lease upon 30 days, written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to a pro rata reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. If Landlord undertakes to rebuild or restore the Structure and the Property or if this Lease is terminated, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at a mutually agreeable location for no additional Rent until the reconstruction of the Structure is completed or until such time as Tenant is able to activate a replacement transmission facility at another location, as applicable. 11.Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i)by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); unless such default may not reasonably be cured within a sixty (60) day period in which case, this Lease may not be terminated if the defaulting party commences action to cure the default within such sixty (60) day period and proceeds with due diligence to fully cure the default, however, such period shall not, in any event, extend beyond one hundred twenty (120) days of receipt of written notice of default. (ii)by Tenant if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Tenant Facilities or Tenant's business; Api'!! 2016 Page 10 City ofBrooklyn Center Lease Agreement (iii)by Tenant for cause immediately upon notice to Landlord if the LeasedPremises is or becomes unacceptable for technology reasons, including, without limitation, unacceptable RF plan, shadowing, or interference, under the Tenant Facilities, design or engineering specifications or the systems to which the Tenant Facilities belong; (iv)by Landlord, upon one (1) year's written notice to Tenant, if its Council decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with the continued use of the Leased Premises by Tenant and/or discontinue use of the Structure for all purposes; (v)by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi)by Landlord if it determines that a potential user with a higher priority under Subparagraph 4(a) above cannot find another adequate location or the Landlord determines, after engineering studies, that the Tenant Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such interference was predicted in the initial interference study that was part of the application process, provided that the Landlord shall not at any time over the balance of the then existing Term and all unexpired Renewal Terms, lease the Leased Premises to another party with equal or lesser priority for the same use as that of the Tenant, unless such other party would not cause or contribute to the type of interference giving rise to the Tenant Facilities' interference with a higher priority. (b)Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt, except notice of Tenants intention to tenninate this Lease shall be effective upon Landlord's receipt of such notice and the cash deposit, performance bond, or irrevocable letter of credit as set forth in section 11(d) hereof. All rentals paid for the Lease prior to said termination date shall be retained by Landlord unless such termination is due to breach by Landlord. (c)Tenant's Liability for Early Termination. Tenant shall have the right to terminate this Agreement without cause. If Tenant terminates this Lease for any other reason other than as expressly provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. April 2016 Page 11 C'ifj' ofB ,00klyn Center Lease Agreement (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall immediately cease operation and use of the Antennas for communication purposes and shall have 60 days from the termination or expiration date to remove its Tenant Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure to its condition at the commencement of this Lease, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Upon notice of termination, Tenant shall deposit with Landlord in the form of cash, performance bond, irrevocable letter of credit, or other acceptable security the sum of $10,000, which shall be fully refunded to Tenant upon the timely removal of the Tenant Facilities and related equipment, the repair of the site and the restoration of the Structure surface to its condition at the commencement of this Lease, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted 12.Limitation of Landlord's Liability. If Landlord terminates this Lease for any reason other than default by Tenant, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 13.Temporary Interruptions of Service. If Landlord reasonably determines that continued operation of the Tenant Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation, Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action, Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Tenant Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without the payment of any damages. Upon such termination, Landlord shall reimburse Tenant for pre-paid Rent on a pro-rata basis. 14. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference April 20)6 Page 12 C'lIj' of Brooklyn Center Lease Agreement from Landlord. In the event that Tenants cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without the payment of any damages. (b)With Higher Priority Users. If the Tenant Facilities cause impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with preexisting tenants, Tenant shall take all measures necessary to correct and eliminate the interference, If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Tenant Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord or Tenant may at its option terminate this Lease immediately for cause and without the payment of any damages. (c)Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area in close proximity to the Leased Premises, Tenant agrees to provide Landlord, within sixty (60) days, the range of radio frequencies currently in operation or anticipated by Tenant to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in or on the Property or Structure to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Tenant Facilities. Landlord agrees further that any future lease of the Property or Structure will prohibit a user of equal or lower priority from interfering with the Tenant Facilities. Landlord agrees that it will require any subsequent occupants of the Property or Structure of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the right to cause the elimination of any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 15. Assignment and Sublettimig. Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Leased Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one April 2016 Page 13 City ofBrooklyn center Lease Agreement percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Lease as set forth in Paragraph 26 below. Landlord may assign this Agreement upon written notice to Tenant, subject to the assignee assuming all of Landlords obligations herein, including but not limited to, those set forth in Paragraph 26 below. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16.Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant for relocation benefits or assistance. 17.Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within thirty (30) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation and shall share equally the common costs of mediation. If mediation does not result in settlement within forty-five (45) days after the matter was submitted to mediation, either party may pursue all available remedies in any court of competent jurisdiction. 18.Enforcement and Attorney's Fees. In the event that either party to this Lease shall bring a claim in court to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 19.Notices. All notices hereunder must be in writing and shall be deemed validly given if personally delivered, sent by certified mail, return receipt requested, or by a nationally recognized service addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 April 2016 Page 14 C?!j' ofBmoklyn Center Lease Agreement Attn: Director of Public Works (RE: Water Tower #3 I Vincent) If to Tenant, to: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: MPLSMNUI 055; Cell Site Name: Metro Defense Training (MN) Fixed Asset No: 12734891 575 Morosgo Dr. NE Suite 13-F West Tower Atlanta, GA 30324 with a copy to: New Cingular Wireless PCS, LLC Attn.: Legal Department Re: Cell Site #: MPLSMNU 1055 Cell Site Name: Metro Defense Training (MN) Fixed Asset No: 12734891 208 S. Akard Street Dallas, TX 75202-4206 20.Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 21.Binding Effect. This Lease shall run with the Property. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 22.Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 23.Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 24.Severability. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 25.Memorandum. Upon request by either party, the parties agree to promptly execute and deliver a recordable Memorandum of this Lease in a form acceptable to both parties which may Api!! 2016 Page 15 City ofBmokly;i Center Lease Ag, ee,fle;,1 be recorded by the party requesting the Memorandum of Lease. 26. Waiver of Landlord's Lien. (a)Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. (b)Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities (tile "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for anyRent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 27. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Leased Premises, 28. Default and Right to Cure. (a)In addition to any condition and/or provision contained in the Lease, the following will be deemed a default by Tenant and a breach of this Lease: (i) non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Lease within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion within ninety (90) days. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law, equity and this Lease. (b)The following will be deemed a default by Landlord and a breach of this Lease: (i) failure to provide access to the Leased Premises within forty-eight (48) hours after receipt of April 2016 Page 16 written notice of such failure; or (ii) Landlord's failure to perform any other term or condition under this Lease within forty-five (45) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion within ninety (90) days. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have the right to exercise any and all rights and remedies available to it under law, equity and this Lease, 29.Waiver. The failure of either party to this Lease to insist upon the performance of any of the terms and conditions of this Lease, or the waiver of any breach of any of the terms and conditions of this Lease, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 30.Compliance with Laws. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations ("Laws") applicable to Tenant's use of the Tenant Facilities on the Property. Landlord agrees to comply with all Laws relating to Landlord's ownership and use of the Property, the Structure and any improvements 011 the Property. 31. Rental Stream Offer. If at any time after the date of this Lease, Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of Rent payments associated with this Lease ("Rental Stream Offer"), andLandlord intends to accept such Rental Stream Offer, Landlord shall immediately furnish Tenant with a copy of the Rental Stream Officer. Tenant shall have the right within twenty (20) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the twenty (20) day period, Landlord may assign the right to receive Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Lease. If Landlord attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under this Lease and reserves the right to hold payments due under this Lease until Landlord complies with this Section. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year written below. LANDLORD: City of Brooklyn Center, a Minnesota Municipal Corporation By: Mayor Date: By: City Manager Date: Tax ID#: TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: "Name: Michefle Durand Date: Title: Manager of Real Estate & Construction Date: Title: Tax JD#: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2016, by Tim Willson, Mayor, and Curt Boganej City Manager, respectively, of the City of Brooklyn Center, on behalf of the City. Notaiy Public My commission expires: TENANT ACKNOWLEDGMENT STATE OF MINNESOTA) ) ss: COUNTY OF____________ On the day of , 2016, before me personally appeared and acknowledged under oath that he/she is the 11EC V ofAT&T Mobility C071)oration, the Manager ofNew Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on beha if of the Tenant. Public: KATHY LYNN LEN My Commission Expires: I Notary Public State of Minnesota My Commission Expires January31 2021 EXHIBIT A Page lofi Site Lease Agreement dated , 2016, by and between City of Brooklyn Center, a Minnesota Municipal Corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Property is legally described as follows: PID: 02-118-21-33-0003 Municipality: Brooklyn Center That part of the North 124.8 feet of Lot 16, Auditor's Subdivision No. 218, lying Easterly of the following described tract: That part of Lots 15 and 16, Auditor's Subdivision No. 218, Hennepin County, Minnesota, lying Westerly of the Northerly extension of the West line of Lot 19 of said Auditors Subdivision No. 218; which lies Northerly of a line run parallel with and distant 165 feet Southerly of the North line of said Lot 16, Southeasterly of a line run parallel with and distant 100 feet Southeasterly of the first following described line and Northeasterly of the second following described line: Line 1. Beginning at a point on the North and South quarter line of Section 2, Township 118 North, Range 21 West, distant 127.10 feet South of the center of said Section 2; thence run Southwesterly at an angle of 52 ° 32' with said North and South quarter line for 2790.30 feet; and there terminating. Line 2. Beginning at the point of termination of said Line 1, described above; thence run Southeasterly at right angles with said Line 1 for 300 feet and there terminating. The Leased Premises is approximate 240 square feet of the Property and is further described and/or depicted on Exhibit B. 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"1-'! r]0'I--\'u\''''v ElNl I -C., rd2 IC 0am— z T3 A; j (I) - - 0 C. 8tiNd J vrH; :E !L SNC.O1 VOLYWINMODIUL SS313C.1 IC.J SIIC.IIYHY33dS NW 51N120 NWNWIS 1 111V 33C.3C.]J38 Th11S 80W 'CO N N a z 2 0 2 z cc US 1. zk JH N 0 2 N COz C. N >. 0 F - flU I[I ° &. CO=1k 000 \ 000 N ufl \4.00 C-00 WKW I I L - COC CCCN WAVOOld .\'CC.ro\oCro ""9r\3 - ICY OS 502/al/OS 01CC. OO' co a) Lh lid H O N I !i!!'L L u NOLLONNY1033M SS3UNCCC NOA SCCOUYDUIJdN NCW SW130 OVNNC1S 1?IY 33C3CIJ3U TCCHS 1 cli uE I L1r!;[ X. MAI H 541gul cl CL L\In N ci Q3 Ego f-Egg NCmi1 H:L. 0 NC L 0 \0 0 0 0 "J°° ioo oo J0 V U/I b Fo--O-1 El Fool oo 0 0 I1 0 0 -n1u N '0 11 0 0 iiii 0 0 1 SEE 0000_0000 IIM pin A 0 0 0 0 h (0 0 0 0 Uhh1 0 o_1 VaIiYitlTiWAjffL,itrn,tl!; ca -- 9 2 U):d)TV °Go 30)!! ! U r:i z I in uj LUpg h agg 4g hIi oil U) U) U) U)0-IU) U) U)U) !bL L M82 II , U Bm BE R. o R.JI ii1!b: d MW !J J7t^ co F z F-I LLI- : U c!;:E L cc a!Id S3O1 CL ,. 0) ISS0T0I))OOA S0OUU)3dS 0)N S1WI2O OWONJS 0010 03)1303j30 00010H0!300j)lo) c'J ig Hd j EaEO Sm NNj 0 lii 0 =0 = ! = UI 0 000$ 0 0$I'E) 0U h00LS mlh0 0 Uig& I NNE ELe LJ Ill! I zi Rita 2 ffanlipL,1yLIft..oy GD Et : !!i / hnlu 6i H-HHN 10 p Arg Rig LLI LLJ :: f I \\rE I ft ;L 1' 0 L;T LU RE ft "j uj H.ob H __ 8 8 I n EO A Prepared by and Return to: FDH Velocitel, Inc. 1701 American Blvd. B. Suite 16 Bloomington, MN 55425 Attn: Jason Hall 952-944-1858 Re: Cell Site #: MPLSMNUI 055; Cell Site Name: Metro Defense Training (MN) Fixed Asset Number: 12734891 State: Minnesota County: Hennepin MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this day of , 2016, by and between the City of Brooklyn Center, a. Minnesota Municipal Corporation, having a mailing address of 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ("Landlord"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Dr. NE, Atlanta, GA 30324 ("Tenant"). 1. Landlord and Tenant entered into a certain Site Lease Agreement ("Lease") on the ______ day of 2016, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Lease. 1 The initial lease term will be five (5) years commencing on the Effective Date of the Agreement, with three (3) successive five (5) year options to renew. 3.The portion of the land being leased to Tenant is described in Exhibit A annexed hereto. 4.This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Lease. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year written below. LANDLORD: City of Brooklyn Center, a Minnesota Municipal Corporation By: Date: By: Date: Mayor City Manager TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: ________ Name: Michelle Durand Date: Title: Manager of Real Estate & Construction Date: 77//(, Title: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2016, by Tim Wi//son, Mayor, and Curl Boganej City Manager, respectivel) of the City of Brooklyn Center, on behalf of the City, Notaiy Public My commission expires: TENANT ACKNOWLEDGMENT STATE OF MINNESOTA) ) COUNTY OF_______________ On the day of 'kLL , 2016, before me personally appeared and acknowledged under oath that he/she is the i2.-c of AT&T Mobility corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on beha if of the Tenant, KATHY LYNN LENERS Notary Public: My Commission Expires:D •f ' 't \ -Notary Public State of MinnesotaMy Commission Expires January31, 2021 Exhibit A The Property is legally described as follows: PID: 02-118-21-330003 Municipality: Brooklyn Center That part of the North 124.0 feet of Lot 16, Auditor's Subdivision No. 218, lying Easterly of the following described tract: That part of Lots 15 and 16, Auditor's Subdivision No. 218, Hennepin County, Minnesota, lying Westerly of the Northerly extension of the West line of Lot 19 of said Auditor's Subdivision No. 218; which lies Northerly of a line run parallel with and distant 165 feet Southerly of the North line of said Lot 16, Southeasterly of a line run parallel with and distant 100 feet Southeasterly of the first following described line and Northeasterly of the second following described line: Line 1. Beginning at a point on the North and South quarter line of Section 2, Township 118 North, Range 21 West, distant 127.10 feet South of the center of said Section 2; thence run Southwesterly at an angle of 52 32' with said North and South quarter line for 2790.30 feet; and there terminating. Line 2. Beginning at the point of termination of said Line 1, described above; thence run Southeasterly at right angles with said Line 1 for 300 feet and there terminating. The Leased Premises is approximate 240 square feet of the Property City Council Agenda Item No. 7a [i[S1SIhS1 I U U M"A U I 3k"A (I] 1I flIJ I DATE: August 8, 2016 TO: Curt Boganey, City Manager FROM: Reggie Edwards, Interim Assistant to the City Manager SUBJECT: Brooklyn Center Diaper Awareness Week and Drop off Site Recommendation: It is recommended that the City Council consider approval/adoption of a proclamation declaring September 26th through October 2nd, 2016 as "Diaper Awareness Week". Background: According to the National Diaper Bank Network (NDBN), in Minnesota there are 208,464 children under the age three, which account for 16% of all children living in Minnesota under the age of 18. In addition, according to NDBN, 17% of families in Minnesota earn less than 100% of the federal poverty line. In addition, another 19% of families earn less than 100% to 200% below the federal poverty line. Children in low-income families are at greatest risk of suffering the negative impact of diaper need, since many families cannot afford diapers. Robbinsdale Area Schools established the program "Helping Us Grow (HUG)" as a community partnership dedicated to supporting all expectant and adopting families and families with children from newborn up to age two. It was realized by the workers and volunteers of the HUG program that diapering supplies were critically needed throughout the area. Diapers are not covered by food stamp programs or the Women, Infants and Children food program (WIC). Daycare homes and centers require at least a minimum of one week's diapering supplies for children to be able to attend daycare. To address this need in the area, HUG has partnered with Diaper Bank of Minnesota to conduct a diaper drive in the region. In 2015, Governor Dayton signed the State of Minnesota's Proclamation recognizing September 26th to October 2nd, 2015 as "Diaper Need Awareness Week" (see attached). In 2015, twenty- six other governors signed such a proclamation along with 4 legislative bodies and 94 municipalities from across the country. To address the growing need, the HUG program, Diaper Bank of Minnesota, and the National Diaper Bank Network asked that the City of Brooklyn Center partner in the effort to increase donations of diapers, wipes, and/or money for diapers. The City has been asked to partner in this effort in two ways including: 1) Adopting a proclamation recognizing the week of September 26 to October 2, 2016 as "Diaper Awareness Week" within the City of Brooklyn Center, and 2) Allowing City Hall (or another designated city facility), to be a diaper drop-off site during the month of September. iiisx!oii: Ensuring an aliracine, clean, safe, incluslee coinnunuty that enhances the quality of hf ' for all people andpreserves the public trust LI1SJYSJ I fl I I M'A U'A I IhYA (I) 1DhIJ I Budget Issues: There is no monetary cost associated with this item. There would be an in-kind contribution through making space available for diaper drop-offs during the month of September. There are no budget issues to consider. Policy Issues: Staff requests that the Council; 1.Adopt a proclamation recognizing the week of September 26th to October 2nd, 2016, as "Diaper Awareness Week" within the City of Brooklyn Center 2.Allowing City Hall (or another designated city facility) to be a diaper drop-off site during the month of September. Strategic Priorities: Enhanced Community Image Mission: Ensuring an allractiie, den,;, sate, inclusive co,n,nuni' riml enhances the qua/hr oJllfL , or all people wul preserves the public trust DECLARING SEPTEMBER 26 THROUGH OCTOBER 2, 2016, AS DIAPER AWARENESS WEEK WHEREAS, Diaper Need - the condition of not having a sufficient supply of clean diapers to ensure that infants and toddlers are clean, healthy, and dry - can adversely affect the -health and welfare of infants, toddlers, and their families, and WHEREAS, national surveys report that one in three mothers experiencing diaper need at some time while their children are less than three years of age and forty-eight percent offcinnlies delay changing a diaper to extend their supply, and WHEREAS, the average infant or toddler requires an average of 50 diaper changes per week over three years; and WHEREAS, diapers cannot be bought w'ith food stamps or WIC vouchers, and a monthly supply of diapers can cost as much cis six percent of a full-time minimum wage Worker's salary, therefore obtaining a sufficient supply of diapers can cause economic hardship tofaniilies; and WHEREAS, a supply of diapers is generally an eligibility requirement for infant and toddlers to participate in childcare programs and quality early education programs; and WHEREAS, the people of Brooklyn Center recognize that addressing Diaper Need can lead to economic opportunity for the state's low-income families and can lead to improved healthforfamilies and their communities; and - WHEREAS, Brooklyn Center is proud to be home to various community organizations that recognize the importance of diapers in helping provide economic stability for families and distribute diapers to poor families through various channels. NOW THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of September 26 through October 2, 2016, as DIAPER NEED AWARENESS WEEK in the City of Brooklyn Center and encourage the citizens of Brooklyn Center to donate generously to diaper banks, diaper drives, and those organizations that distribute diapers to families in need to help alleviate diaper need in Brooklyn Center and surrounding communities. August 22, 2016 Date Mayor Council Members A TTEST:_______________ City Clerk I, STATE of MINNESOTA WHEREAS: Infants and toddlers who lack access to a sufficient supply of clean diapers, which help them stay dry, can suffer from adverse health effects; and WHEREAS: National surveys report that one in three mothers experiencing diaper shortages at some time while their children are less than three years of age and forty-eight percent of families delay changin g a diaper to extend their supply; and WHEREAS: Diapers cannot be bought with food stamps or WIC vouchers, therefore obtaining a sufficient supply of diapers can cause economic hardship to families; and WHEREAS: Babies and toddlers who do not have diapers cannot participate in early childhood education programs - maldng it difficult for these children to access essential learning opportunities, while also making it more difficult for parents to return to work. NOW, THEREFORE, 1, MARK DAYTON, Governor of Minnesota, do hereby proclaim the week of September 28-October 4, 2015, as: 11111 lFlIql'', in the State of Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Minnes9ta to be affixed at the State Capitol this 24h1 day of September. GOVERNO Ph 0AAf"q--_ SECRETARY OF STATE Oty C©wii©il Ada I{tm N©0 H1a #11 s[.ipJ[.J IU l Mh'A B I 3k7A 0) 11I I1SJ I DATE: August 08, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 2113 55 " 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 2113 55th 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 twelve (12) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 02-16-2016 The Owner, 1113 Property Minnesota LP, applied for renewal of the rental dwelling license for 2113 55 t Ave N a single family dwelling. 03-10-2016 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 04-18-2016 A second rental inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust ii[I1IJ[ii I fl N I DhYA U I Ik'4 (I] UI P1IJYA I 05-02-2016 The $100 reinspection fee was paid. 05-02-2016 A third inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 05-16-2016 The $100 reinspection fee was paid. 05-17-2016 A fourth inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 05-31-2016 The previous rental license expired. 06-02-2016 A fifth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 06-06-2016 The $100 reinspection fee was paid. 06-16-2016 The $100 reinspection fee was paid and license passed. 06-22-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-22-2016 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. 07-11-2016 A Mitigation Plan was submitted. 07-29-2016 A letter was sent to the owner notifying that the hearing before the Council will be held August 08, 2016. 08-01-2016 The Mitigation Plan was finalized. If approved, after six months, a new rental license is required. The license process will begin within two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for (11/people and preserves the public 1JuL51 [SII1IJ[iJ I fl M'A U I MkA (1) 1WI 1BJ I regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people andpreserves the public trust S[I1SJSJ I U N N *'A UYA I 3kA 0) 1I t1II'A 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: Ensuring an attractive, clean, safe, inclusive co,nmunilj' that enhances the quality of life for al/people and preserves the public trust [i[I1lJ[iJ fl I k'A U'A I DI'A [I] 1'tI I1IWA 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 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: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust il[I1IJ[SJ I I I MhYA Sh I Mk'A 0] 1I aIJA I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive counnunity that enhances the quality of life for all people am/preserves the public trust Property Ath-e 2t1 a 1th Aariu N Owner Name(): IH Pup MNffn ne24U tP Oiiner Afdr: 1270 En HduEl1l Fo uhe1 Ea ga n, MN 65121 Owner Phone:(S) -1 A& OwnEr Emll Current Exp ira t ionDate;, V31110 H t.el Ag e nt(s ): l wzlian Ham- Art'a Address: 1270 Eaga n Inufl Rd GLAS 180MN U 1 2 1 Agents iie: (81) 35-1E0 Ag ents; 'rnall: MNrntianhcm Pfld Eqfraffl øi mrn p/ ? 0/1 L Based on property conditina andlor va1iid po bfA rluissa ndffiit5 the ftbove,rned property qucliies for a Type 1V4 Miith Rofttal Pr to appl 'tlF appro v al by the City Council a Fully oornpreted Miitln Plan niJt be complet e d and app rved by City teff. A Midction Plan mij^5it bE c omple t ed imdhty in ior dar to erure timely complet ion of the license plb pre. The MltlaUn Plan should Indicate the steps being taken to oorrect idenlified and the moastiros that will be taken to ensure on g oing oomptiance with City Ordinances a nd applicable codes. A Mitig a tion Plan allayiz the owner and the Ci ty to revie vooncerns an Identify possible so l utions to improve overall condihonsof the prcpsrty, if the M iaior Plan is. no t submi tte d, and all items are not completed within the pendir iensa period r the atwo p r o-pa rty oporetos beyond the license expiraton date, enforcement ectiona seti as ci ta lt i o n, fo rm a l complaint, or license review may reslt Bekre submittin g , f1i1out cttoria A, 8 , and C located D in pages 2 3 4 and S . P012-9 TA Tji.Aa 1 V JRa&q-MUmA%1F0 p, F C i ty i4yn 1u-14z Ir1 rk Piiiy, r JnCenr, PW j2151, Phtr I Tfl: 711 I Fc CTOS) -50 EULDrNC AND COMMuNITY STANDARDS XBR'C-&eLYN ' tion pianNTER Type N Lk Soct1crL ACi1n9 Fte gr?ln Rfrement Phs I 1 Le a Wriei lee agreement The lease agreement thJi inckde the Gme Free Lease Addendum.. A copy of ti laasea i3greement and Crime Fie Lee Addendum must big attached ttie Fihtior Plan when uhnitLd. Z1 2) Are to p'rue the tenminatibn or lease agrmett dr evicori ofteriants who Pe the bafffig of the leave or any edendurn. 3) ndut adrninal background cheI for all nffiv ppeti'Ie tenants, If it is a current tenant. a Mw background Is not required. Miust be iF to pwvde documertatki tIy if rted, [J 4) Attend a (t# approvci eight-hc'urCime Free Housing Itkih cour, hifomietian for appied mursim can be found at iiwYi.m ncpana1 under th Evrfs Lab A eopy of the ,Fme Free Housing Cordricato must be attached to the MWatFn Plan When r.OrnItted, Crime Free Housing Irl Was empleed onfis scheduled far-, Owner oc agentattendedts plannki e attend training at city of: {J 5) S.bmil Monthly Update by the i thij oF ea1i month. Phaae 11 I) Omptee riy AasesmerLt and ]mpleait imprernept requested by the Brooklyn Cianter Police Deprbint, To schedule an 1nitit cc (l1gw-ip Security Aeien, can (763) 5ei344. A foIw-u asmnt r'Ut b completed 126(cTe the ens.- e expIrjjcn date to Veffy the secu Impraverneritv, have been ipementeL If a Security A emert hs been previously p1l. write the mplstion date Security Assessment vas cinmplated eii'9 August 12, 2016 KMheruIed for Security Assessment f ow-upwa mpteted ertIis scheduled for .j 30 Days KM COL1flU $actions A Phase Ill tin page 3 , TYAt 00Y. 44-1 Cfty IBickIyIL rmaer-4-milaing Qutt U,614muniq 301 5li Pãrkwy aokk#nn1nr1 kN 5421 I Phi I rr; Iii I 'ia' R1HLDIW AN]) COMMUNITY STANDARDSBRICi ci - N 21 1 Avr - Rt1 LkMlioiP: Type I-V Literks-a StJo A.—Crfrfta Ae Homsfog Program Oaquhvoyants Phaue [I 1} Owrr or agent will attend at minimum 50% (2) of the kRM. meetings. Tha ARM. rn"fings must be completed w1thlr the rental licortso period and before the pending Type IV LEcene expiration dates Registration is not required. however you musinin f5uping the rnee1in. Write twi? mmeetirt:g 'ate an cwnerr agent Plan to Owner or erit wlfi attend A.R-M- rneing evled cirn 7itf1 ) Have no repeat ode vlEtio. s prvuly idocurnented vñtli the pet year, The following actions re required for properties with four (4) or more urlts. iLl 1) ConduI resident trairin annually that includes crie prevenlion tehriique E?1 Crdu't regular rten mens, Ri -4-15 City k1i c -Building Dp I1 ireCr.k P3rkwy, 40-219 Phi n&. TTY. 711 1 F: 3IflLD.ING AND COMMUNITY STANDRD$ XBROO CLYN' th AvBrJ8 N Rental Ucense 1AMpton Plan 5lkn Long Term CipifM !ripY4wmJI PJn on condition and age, estimated rep acent des need to be pruiided for common cpitl terns. Funding should be cenaldered aczordty, ite ms hre bron, worn, cir otherVAM In Vio lation prior to the est imate d rep lacA rn a rad a tia ri€tt j o e rpld sooner. All Items must have date for EsUmalad ftfacarnant D, Dates Sti ch : don 't know" or "4eL1 brok e n" wHI net bin anoapted, it you unrte of when an item will need to be rep1ed, yiii c a n make e pred iction tased n the age, a ppea ra nce , cithUn cr mnuireiirdustcy romrion Addtionil Information on ptd Uul Lire cri befoini atwiwhuthgw. Iter E X n!e: V'- HeeFe F'rnae Vc?tr Hbr Kitchen Apple Lau ndty Appiri rneke A1arrnii te Laetied CriditFQn Expected RGp laom m e nt Datia My2OW p may 2Q2 JUt? 2028 !tily 213 Ju12'23 JjlIi3 E3 July DD Ju l y 201.5 N Jh/ 211 Ca rbon Monoxide A l ar1 -Jut/ 2 013 N Armu8t tenor Items p a lnus IdIrig JuUO3 Wnd ows July 2O1 13 JuF2O3 Roof JIIY 201 3 G Ju ty Fence iUty2l 3 3 JuEi203 Shed J uly 20 Garage July 2013 F Ju ly R03 3 OrT'ievay Ju!y213 July C3 Sidewalks joly2ols F JUV Other NwN F=F M O dS REplBc€mEc1tR T rv n1 fbsnse Mgefiiv F'M fi& City f Bin1dyn ±bnn{ 6oi Sh i Agfa Cfeek Pc BiaJyn Cnter,MH 5M 2 ()^ 2 1 r- I 7] -33a TT( T11 I fx I1 DUILDXNG AND COMMUNITY !TAN DARES X313RC OKLN fnt1 Liene M1tFtJon PlanNTER Typo IV 1.1conse Seflona CSt.rps to Impro ve Mg#L aCwfr,s o prty The items in this section have been prn to astist wilftproperty managmant and p ierty ifl1?, The following actions are raqirath 1) Check-irb wit ti12ris avay 3O4y [?] 2) DrIve by ptp-ty IQ check for possible coda vIiUn, IZ ) Evkt n1 in oiar of the leasa or any addarodvm. 4)emJi ci,irrnt on all utility Fees, taxes, assassmerft firiea, pnaUies and other iiitIaI rnpaymentdue to tia City. 5)Other Th following acUon aro ioptlanal unless roqured by the City. 1)Prcwlde lawnisnaw seMce, 2)Provide garbage , serv]E, i) ini SOCUrity 4)Provide rnalmenancs torvl ari kor app1iances Name of any: 5)Other If Vype V6 Mcrnth Rental Llcoo is approved by the City Council, tho licensee rnut comply with the approved MitIatin Plan arid all applivaUe City Code A writ r€jiGrt must be ubmitted by the 1O day ofeach mith with an update of actions hetrtg taken by file owner ai,Wr agentt ornpywth this Mitigation Pam A ccipy of the Monthly Update canbe found on page ? A ti[Jble form an be fund on the City's webIte tiytbrookEyncenteror or call (76S) 569-aSn to have an eleutronic opy entto you via email. Ploase attach add Itlojial Information It roaaary. TIVrHLn 444-u GifyofBiDoldynCntring and Commumty SuWdard-% Dpzhucnl '1 5In Cek Pdf-a1, Jyfl Cntr 43-1 F Fc'th: 1753) I TW: 211 U) 69-5U BUILDING AND COMMUNITY NJ)AU) 21i RritaI L[cBnsE MltIgii PlirnCENTER Type W -sig n id Ver i fy ve ri fy thal a1 iniartriLicin i'rc}vided i s broa a nd aojakraJe, I underand that 1 I do n ol comp ly with the ppued MitigEtion Plan cqmply wM al I le mr. wihhi Th I1cne period, or operatq bend 1h K'i]e flrBbC'fl dat e , enrcernentatios Eith aa fomal Omplairits , or 11 cimse raview may reu1t TraM r AdldVcaat O waqr ajrA pNd Alsme aod 7&Jiç A 1 OAS a Prirr?) ACMili1' Ot/ f4iF iur ty .ff Uify ,dhL LZL P pE4i?3n TV-47 ^ ^i. 11 6 4w £OpA9' .atiiy rftI!irth pMiIe1il t d/ I Ile t - Typo hIRPHaflknw& M-,^u Aw lk:n Ant, ir-i 4 -T!^ C1t7 1Brkr niBuidin mc1 bapuim Qui wNrnl'rr 6301 FWp FEdIw/, Etükj. PiN 3O-21f P1ic: I I F 7.B] -' 72t1 co care City Cuil Agenda IItm N©0 Ma #2 I[11IJ[i1 I U V U MA S I 3k'A (I) 1I 1BIh!A I DATE: August 08, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5420 Emerson 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 5420 Emerson Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on twenty seven (27) 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: 03-01-2016 The Owner, Christopher Raisch, applied for renewal of the rental dwelling license for 5420 Emerson Ave N, a single family dwelling. 03-23-2016 An initial rental license inspection was conducted. 27 property code violations were cited, see attached rental criteria. 05-11-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-31-2016 The previous rental license expired. 06-06-2016 The $100 reinspection fee was paid and license passed. Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EI1Ii[iJ I 1 N ak"4 L' I MA (I) 1II luAu 06-22-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-22-2016 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. 07-08-2016 A Mitigation Plan was submitted. 07-29-2016 A letter was sent to the owner notifying that the hearing before the Council will be held August 08, 2016. 08-01-2016 The Mitigation Plan was finalized. If approved, after six months, a new rental license is required. The license process will begin in two 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for (LI/people and preserves the public trust [EI1SJ[iJ I fl V k7A U I DIk'A [I] 1I WJ'A I 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. I''Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (ruts! [S1ii$JIJ I U I I MY4 U I k'A 0) iI I1IJ'A1 Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust S[S1IJ[SJ i S S M L!'A I DWA [IJ 1I D1IJk 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 518B.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: Ensuring an attractive, clean, safe, inclusive community that en/lances the quality of life for (11/people and preserves the public trust [S[I1IJ[S1 I fl I DIhYA UYA I M'A 0] 1WI I1BIk' I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive colnnwnity that enhances the quality of life for al/people and preserves the public trust 42G Emerson AveNProperty Addressc Bwoklyvi (r;r, MN 5540 Owners Name(s), Chris aich Pu€irh1 Ownérs Address: 3200 RODe'EIt 51 N MILc>fly, L1J 554 11 Owner's Phone: 2-434 Own 'rs Email: rraischyahoorn Current Expiration D2t: Si31it JUL El Local Agent): Agents Address: Agent's Phone: Agent's ni&l: Fending Expiration Date: Ti.wno, murbs frrn wmr1 mphbrxi, sed on proporty conditions andlor validated p1ice nuisance Incidents, the above rferencd property qualif les for a Typo IV6 MQrth RnIl LICense. Prior to application approval by Rhe City CounU 2 fully comptd MiUtiri Plan must he complethd and approved by City staff, A Mitiatlon Plan rust be ompeted immedtely in oFdor to ensure timely completion of tha applicn prnoe. The Mitigation Pan houEd Indicate the tep5 being taken to correct ldrti!ied violations and the measures that will be taken to ensure ongoing compliarce with City Ordinances and applicable codes A ivii?gaUon Plan alrow5 the ownor and the City Io review conoems and identify pnsibie SolUtionS to improve overall condition he property. If the Mitigation Plan fs not submitted, and all items are not cornpletd within 4i pending License period, Dr the above property operates beyond the licenso explrlkn date, enforcement actions such as citation, amia1 complaint, or license reviow my res Before subMitting, f1i1trt Sections A, B arid C located on pes 2 3 4 and 5 Page V6 Type m Mai Pizi, Rev. 4-14-fl' City of RrQQIdYn Ctr—I and Commzlty nd j3 Deitei 001 5Fiir3Io Crck y, 8mvi lil yn CerLrMN5543O21 99 1 Pn?) E432J TTY. 711 I )J-E) ILIXENG AND COMMUNITY STANDARDS rllof M2t1 Efl'r-1 N OKLYN Brinkyri Centor, IN Rn1 Ucese Mitigation Plan Type 1VLicense Section A—C,lrne Free Hou5Fng Program Reqzifrments Phase I • Ue written lease agregment, Th ee agreement shall include the Crime Free .omifl Lease Addendum. A copy of the lease agreentrient and Cñrna Free Housing / Lease Addendum must be attached to the MiItation Plan when submitted, to pursue the miir1aton or lease agreement or eviotion of tenants who violate / the teirns of the lease or any eddgndums. L1 criminal back round check for all new evetennts It it is a current tenant a new background check Is not required. Austbe able to provide doomeiittion to City it requested, a City approved eight-hour Crime Free Housing training oouree, ln1omsliori for approved Ooumes on be found atwwmncpanet under the TrThing ndEven.s tab.. A copy of the Crime Free Hatisiling Certificate must be attached to the Mtf9tiri PM when submitted. Crime Free Housing training was completed onus scheduled fc,r / Owner or agent attended/is planning to attend traloing at city of: Lj 5) Submit Monthly Update by the 10th day of each month, Phase El £21 1) Complete a Security Aesrnert and implement Improvements reueted by the Brooklyn Center Police Department- To schedule an initial or follow-up Security Asinent cell (763) 5'593344. A follow-up assessment must be completed Wore the Itcetise expiration date to verify the ecuity impro'ements have been In' plemented. If a Secuity Assessment has been previously completed, write the complelIon date Security Assessment was completed ons stheduled for, Bill 216- Security Asesnent follow-up Was comptoted on/is scheduled forU DI Conilnue Sections A Phase III on page 3. P2/ Rev. 4-445 cay Cenuiunl*y StnditI tfrt WectrlJieL1 DI63 5hh'Ie Creek Prwy. Fcmklyn c- MF4 )-21O I Prie:T63iE3-]3O 1 ITY: 711 l Far, &-3i6D Bumniwo AND COMMUNM STANDARDS Emerson Ave N (1N RrcCcrMN 55430 Rental License Ultigation Plan Type 1V License Sections A—Cime Free Housing Progra m Re quire m ents (rntinud) Phase 1)owner or agent will attend at niinhmirn 50% 2) or the ARM. rntng. The ARM. mtbigs must be tonipFted within the rental license p10 and before theL.pending Type N License expiration date, Registration not required, however you must &grin during the i ee.tng. Write mo meeting dates an Owner or ant plan to attend.4 Owner or agentwili attend kRrM. nietings scheduled on 2)Have, no repeat code vtations pro0ously document" with the pat year. The folloWilng atfwns are Fe1Ured for prprtles with four 4) or mOre u ruts, jJ i Conduct reidemit training annuIy that includes crime provntn thnquos, U 2} Conduct regular reticlont rntlng. 1. Pa Yvpe Wiii Lkm s e Mn P11w, fe City of Brooldim Canfor—RuildiRgaict cmy. add* 013puirnelta G1 Shil rek Pky. r chmCitr, N 554-21 (73 33Q TTY: ? I BUUiD!NC ACOMMUNIT STANDARDS 5420 Emerson Awe H Eimklyn LYN entr, MN 55430 Rental License MitIat1in Plan Type IV Sections Long Term CpJ.I improvern e nt P1rj Based on condition and age, estimated replacement daths need to be provided for common capital items, Funding should be canidered accordingly, Items 1hat are broken worn, or otherwise in violation prir to the etlmted replacement date need to be repaced sooner, Alf items must have dare for Esirnated Repiaeornnf De. Dat" such'unsure", don't know", or "when broken" wifi not be aceptd. If you re unsure of when an item will need to , be replaced, you Can make a prediction based on he age, appearance, con4it0ri, or manufacture/industry recommendations. Adiionr information on Expected useful Life ca n be round at wwwhudgov. item Date Last Replaced Cond Monr Ecpected Repaeemt Date x&npfe: WaorHet May 2010 F May 2020 Furnace -EI August 2025 - Wae' Heater J9 Kitchen Appliances June 2003 G El Junt 2023 Laundry Appliances Smoke Al2m$ Carbon Monoxide Alarms May 01 2 May 2022 Ite rna Paint/S1dng Odghal V bolIoo)F El Windows Oiiginal beIlee)FEl Supt 2018 Roof &e't 20 Fence Shed Garage O1$ 1iBVe)F jan Drivoway F-1 Jan 2WO Sidewalks 0 fl Jan 203 Othet NewN GoodG FirF Ni RpIacrrenFR / ?yp8 J M!k)1) Pai% Rov, 4-r4-i-5 City of B1dy iid tity da.' DprnM Shirk Croak Piwiy. Erocikti, MPI 521J t'hi: -3D TY 711 1 Fa 753) -0-2O BUILDING AND COMMUNITY STANDS Cf Aefson Ave NJ)OKLYN BrooklynCefltrMN543O Rental License Mitigation PlanCCl Type tV License Sc 1010 C---Sops to Improv Manag em en t and Condftlons &Prporty The items. in this eUc have been proven to asFlst with property management and property Image. The kflowhig an-tions a re required. Check-In with tenants every 30day, Qiybre by property to check for pssibie code viotUQr. Q'Eviten-ants In violation of the lease or any eddenthime 4Remain current on 211 wilily fees, taxes, assessments, fines, penalties, rd other fnancalkntpayrnents due to the Cy, El ) Other: The fOilwn acLion are optional unless requIred by the City. 1) Provide lawnisnow-service. 0 2) Provide garie 3)install security system, 4)Provide fl fl1arce Service plan for ePi)4 iafle5. Name of service npny 5) Other: If the Typo IV Month Rental Lcen5e is approvd by the City Council, the licensee must comply ,with 11be approvedMitigation Plan and all applinble City Codes. A written report must be subrntted by the 1day of each month with an update of actions 1ng Lekeri by the owner aniIor agent tccernpIy with this Mitigation Plan. A copy of the Monthly Update can be bund on page 7. A fij!able form rmn be found on the City's website at wvx.cityofbrooktynOenteT.oT or call (763) 5693330 to have an electronic copy sent to you via email, Please attach additional information if necessary. Twr (V Periiai Lie&e f3rn Rev. 4-r4-5 'CitY Ce± tii1In and C rtntLnt- 3O -i Shinti Crs frky, rkti Cnter, rIN 51-3O29 j Phr-1; ( )SO-3-3O I TTY; 711 I BUILDINGcity f _________ iwt COVy 1Ami Lkt MitIjafbi L9nCENTERlErth Typ1VLkji Sloi and Verify MFy pwvIdec iS true ?rld CCCUr[, F Ltridornd 1hat ifJ 60 not ixp1y with the)pprovd l"Alligatirfin PIr, corcipiy wlih O ite'iE Will kir Ihe liOCTIGG pioi, Of 'pte teyocid tttellcenBe e rIk,ri da, enforc-oryi.mt actims sLkcIl ON ititIOft 1 frrmi COFp]iint 1 r Ic'rii reviewth'j rult ii; ft Ork1 C1l Polgrmg 1M) L-7 O rmc4or Ag o riT Argr7lo aI Thf (?Ip', Fki FWrir) i1tf Q'?r w Aeir Siqi 1 city 5tn# Pij,Vç9 Di1ieir &i( is off rUILifJiI/ &rJ/ rarf, t Fr' 444-u City OF BrcQk!yn c in4 Dpnitettuiii 5ITj!e Crt'±k Pr'ay' 1O1i Criir, Mk1 53-21 Pr re ?) -aa I V; 711 F 3) City C©wni©il A©iiiida I[t©m N©0 1 #3 [i[$1IJ[II I U I I k'A L'A I k"i 0) 1iI WJ I DATE: August 08, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk lw4u--L ^L SUBJECT: Type IV 6-Month Provisional Rental License for 1425 55' 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 1425 55 t 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 1 building, 4-unit multifamily property. The previous license was a Type IV Rental License issued on February 22, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on five (1.25/unit) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [iII1SI(iJ I U I I Dk4 U I 3k"A 0) UI I1IJ1 Current rental license approval activities: 02-05-2016 The owner, Trung Duong, applied for renewal of the rental dwelling license for 1425 55th Ave N, a multifamily property. 02-12-2016 A $300 Administrative Citation was issued for renting without a license. 02-26-2016 An initial rental license inspection was conducted. Five (1.25/unit) property code violations were cited, see attached rental criteria. 03-10-2016 A second inspection was conducted and passed. 03-31-2016 The previous Type IV Rental License expired. 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. 06-27-2016 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. 07-18-2016 A Mitigation Plan was submitted. 07-22-2016 The Mitigation Plan was finalized. 07-29-2016 A letter was sent to the owner notifying that the hearing before the Council will be held August 08, 2016. Prior Type IV Rental License approval activities: 06-29-2015 The Owner, Trung Duong, applied for renewal of the rental dwelling license for 142555 th Ave N, a 1 building, 4-unit multifamily property. 08-12-2015 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria. 09-21-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-30-2015 The previous rental license expired. 10-05-2015 A third inspection was not conducted no access at time of inspection. A $100 reinspection fee was charged to the property. 10-19-2015 A fourth inspection was conducted and corrections were complete. $200 reinspection fees remain due. 11-06-2015 $200 reinspection fees were paid and license passed. 12-09-2015 City records indicate one (0.25/unit) validated police nuisance incidents occurred in the past twelve months. Incidents were 04-22-2015, disturbing peace. 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. Mission: Ensuring an attractive, den,,, safe, inclusive community that en/lances the quality of life for all people and preserves the public trust IEI)JJ[IJ I U U k"4 U I Mh"4 [0] 1I WJ I 02-04-2016 A Mitigation Plan was submitted. 02-09-2016 The Mitigation Plan was finalized. 02-12-2016 A $300 Administrative Citation was issued for renting without a license. 02-12-2016 A letter was sent to the owner notifying that the hearing before the Council will be held February 22, 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 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust :i.iiirsi I U I I *A S'A I k'A (1) 1I WJA1 plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people andpreserves the public trust II1IJ[i1 i I I kA Uh'A I øk'A (I) 1I I1IJ'A 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: .e 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 on attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust zE,isJciJ i • v u i o IIBJ'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 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 518B4O1, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License 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: Ensuring an attractive, clean, safe, inclusive coinnut nity that enhances the quality of life for all people and preserves the public trust [1]JkLSJ I U U U MA Uh'A I Ik'A 0] 1II I1IJk 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 1425 55 Ave N I1'Iiss!oii: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for (11/people and preserves tli e public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 1425 55TH AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 1425 55th Ave N, was issued a Type IV Rental License on February 22, 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 1425 55th 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 1425 55 th Ave N, Brooklyn Center, MN. August 08, 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. EUThDIM AND COMMUNITY STANDPARD city OfROOIMYN Rental License MItgtiri Plan CEN TER Type IV License Mm— t__ ItidwrU M1tigion P!as will it ,e pted A iiIbe forni an be fOLfld on City's websit 4vwefbrokM1 rkW.or or ll (763) 5n-M30 to have an elecAronir, copy seM to yam via e ptoblLr 1426 56111N.I 'B Trunu Dwong Local Agent(s): 1227 1 nu h Cirtle N'1d Agenfs AddrS: Cn ReuidOAN 5541 rr one,; 612) o$?i Ag&n iiPh' Owner rniL tcduxx@yhUCOrn Aent ij,il: cwrnt ii Dt E pimdlng Expiration Date ,4I AdJ I ( ad or-perty tndi1ions andTrvlidated pce nuisance flCidefltS Vie above reieencd property almet, for a Type Month Rertal Liceri. Prior to appkii1 approval by th' City Cunci{ fi ily mpleted Mii9atkn Plan must be compitd and approved by City staff. A Miti1it Ian must i je c ompleted inmdit1 In order to eriwra timoly completiQn, of the Iitese pplicaio pruces8, The Mitigation Flan should indicate the staps being taken tci tort identified VidaliOnG nd theme-as. Jr that 'Ii be taken to ensure ongoing p1inre with City Ordinane a appH bie codes UA Mi1ion Plan alkvS thowner and the City 10 review concerns and identify p sible solulion5 to rnprov iira[I ciidiion oftb prp&rty, f the MititiOn Plan is nt ubmitto .nd 1l items are nt comptsted within The pen.dini Iieise period or the property operates eyoiid the iersc expiraticn date, enfbrcamenttiois such as citation, ftnma1crnp1eiflt, or license view may rceuit. EubmLting, fill-out Ser-tions A. 8, and C 1tJ on paea Z 3, 4 and & Pñ 116 Typr icy1 iIo9 PI r Ciy B44yn i r—Thi]ln rnmciiy Dcpi±n ywLyOVcfltcLQT 6Oi Par I Phe:?6 43 I TIY.711 BUILDING AND cOMrTuNxTy STANDARDS KLYN ih1 Rental License MItiPtiOn 'Plan ENTER sections" Crime Free Myus fnq Prgtw qifremrit Phe I 1) a a 'attri ie agten'ient Th leas-m-sremeri hl1 rciude the Crirfl Free ouiflQ Lease Addendum A copy th Ieaa remert and Crirr Fre ease A(I BndUrn raut be aUj1icl to thE Mltjgatan Fin w1iii submitted. [J 2) gree to pursue the tenhiinir1 or 1esE areenieflt or evic1iti of tenants uAio the terrris of 1he E or any addendurn- Conduct vrthiiiaI bcgroUfld cheth for all rw pAiVe territ if It is a currina Lnant a riw background check is tot requ!rd. Must be able to P ru dd' docur. entaion to City if rqutd. Mf 4 Attend a City approVet lght.hour Cime Fe Housing ttahti course- liitrmalwi for approd co- urse ar be. found at wvAvmuPa-1et under tbo Tfatr'?g ad Events tau. A copy of the Crime Free Housing Certificate must be attac MI to the Mit1atIon Plan when submkttd, Crime Fred Housing tf aining wa.t conipleted i1S sctiedud for Oir or agent rdede piarn*g to attend ithrin at dt of: Own RoOds 5 Submit Monihly Update by the 1 ei month Phase U 1 compieto a Security sment and Implernent "Irripeaverne'ts re sted by the Brooklyn Center RuFico Department- TO schedule an initial or follow-up SffcuFiV/ Assessment, taI 763) 56-344- A fUW—kip assesament must be corn Pletad before the iee exirt1CFt date to reify the secudtj impro''ement5 have been mpleth If? SeUTIty Asseasmemt has been pre'iousIy completed , Wit the ompleton date Secirity Assessment was completed orJis scheduled for. 112 S aCU Fity A t s e s s mentfv1ow-U P was co mpld oftfis sthedued ro r: 1311 CoMhiJe Sections A Fhse UI on pane 3. 2ii CRY kyt Budit utci CDxixflW tILdId- ptmcnt Shir Cr3 Pwy; Ecin Crlr, P/N E5-2 I Pbi: lTf; 1 I F LT3J €D BUILD ING AND COMMUNTS City oF [ 5hAN. RntaI Lft1SC Mit igat i on PbIi MNTIER Type IV UCOMISe StTri Phase Ill F Fre un Pr -afl Fequ iwns (rWed) iner of a g ent wilE attend at rninirniifl 50% (2) Of the AAA1 , ming- Th AM etings must be ip1td with i n the rental fico n s e ped and before th e rndin9 Type W Llrise ex piration date. Rei a1UT i3 not requ i red, however Y O U utsign-In dUrirtg the rne1Jng i\rri t j;o meeting da t e5 an owner or agent p la n to tend. Owner orag ent w ill attend A.RM metlings s cheduled on: 111Qt6 arid Halie no rept code vio l ations pF?vthtJEy documented voi th the pt ye. fl9 ar tIotis. are rqirod for pmpUMi e s 11th four ritore Conduct re&derit training annually tit includes prevr4 ntechn i qU as- Condua reg U l af resident rae ednq 5 T509 IV A.302J L0S 19'i ei Page M. I i4iiiyn tiilnmid Co mmunill S tan ords pitttt wyo4Ief i prwy, Jti n.rMH 554-i 1 phajje^çi o rn: ii FX: l D a te La st Raplaced May 20W Urio1 Unknown Cnditior ptei Repta ternentl3ata F may 2Q20 My 2040 - M 2025 - 20 200 BIJThDING AND COMMUNITY TANDAD5 city ofIN ftntaI Li ce n s e Mitwt10flPlan CENTER Type IV License Se ction s B ased item FL! viola t i o n date f a y rok1'' make? -Long Tern C2piI Impr emen iditin and aga, esti m a t E^d replac e rneflt da$ read to be pr o Vi ded for common c 0t al be oiidered accordin gly, items that are brok e n, wo rn, orot1W1e in r tk3 Wu a eatini1d repl a cem en t date need to be repl ace d sooner. All Ite ms must have a nd Rep rI1.I(Da1e Date s W ch as, I llu ns ure ,d o n't know", r l i when riit baceptBd if you are un s ure othan an ilemMli need t o bo replaed 1 yOU can iction ba s ed an the agf3, appeerene condition, or mtiJrThdLt1Y iiins M1tlona1 information on Epacted Useful Life can be futid at ivhiJdg0V Lti III Water He al er FurnE Water 1= Kitthr1 Lundr Snioke Cr1jOfl Other: ter rjhancea xiIince5 orwxdeAlrrria 12 ---- May 202D ir1/Siding Urlkmom - - Maj 2D2 ndow& 201 - may 2003 G May 2O-3 nce ed L1rkrmn May2050 rage LA -- vewy Uncrrwii - - _y20 iewatkE Un k n own G May 2040 Abh'1aUons: NN Rp i rm Ne e ds RpiniitR PS 9A 4A k-i Fttm . 4-14-15 Cyf] TL C—BuiIdin aztd Cmmii-mity afttar ç1.ltLLt Iy rtrJJi1 '11f ra 9 201 Shi I BUjInING AND coMMuNrnr STANDARDS city of 1425 5th Pic N.Rantal LLeMit1at10flPlan CENTERLiOnse Sections --s teps to improve Migemrt arid Condit ions of Prpy T itn this e.UQfl have been prtiei1 to asit with property rriaement and prOpety image. The fE1Q r actlti are rtq [7j I Chck-hi 'Mti tenrit every 30- 2) Dri by propety to 1ik ft thEaon . Evict nant oPallon fth lease r ny eddtum. 4 Reniairt ciirrit on all .iti1ity fees, taxes, aernr1ts fines, penalties, and otherbLIfinancial clal payrnuntsdue to the City. 5 Other. The kik trt tô are optional uriks required y the CIty. El 1 Piovide iwn!nt.bI servie. D 2 Provide garbage . tnstI iJr1ty 5ytrn. fl 4 Provide malntwancE !service plan far appliances, Name Df s'er&e mpany: LI Oftec If TyplV-B Mn1h Rental License i aPFrVed 1y the Citj CouriL the linee n-ut tnpt tth the aprove Mie1iri Plan and all CLy Codes. A -written report must hmlttohyt1iei yof.h month with an ip of actions being taken bythWr ndIôr 4nt t comply with thie Mitigation Pkr. A opy of the Monthly Update can be found r page 7, llIe fcrr be found on the City's wb&i at n/I. brooklyertter.c't r 1 (73) j33U to h ave ari &crnilc copy sent toyu rnaiL ee attach additional ir1trrnRtkar1 if I pJ fLiLi 2!1 P4 • cily ruk1yA C.nti i1tf1 B. C4mrruu1i1y tiidr tnt hIrk P1cc 1 BrIi MN s-ig --y7 11 BUILDING AND COMMUNITY STANDARDS CENTER Type IV LICOMG SFn 21ci er[fy I veilfy th4 IF mnitiin prv1d I true and I under5thrld that if I d not co m p ly with the pravd itiion Plan, c omply with all irns withirL the Iieise period, pet beyond The [ien ration EMbrcernen aris u c h as ctaors fQrfllal Omplaifl5, r lic?ri eiiew iii reLl Tnin/p '^Wl lb e end TiTe PIirJ) O", rAei Date vi i f Qvxara r Ag ene Na me and Rhe fff,^PpOuahM ,Plse FtuiV ir OVfflercy itw (tp.a3I'8) Dage urf staff only Oeprmi ZZ CEO i'ffl rancreids Jepmn Dare TJVni 4i5 City k41y t1xdig CcirnniLni1y W.W DrkT tiit: 531 rrci tdfyrCe1r, MN -21 Phc: I IFY: 711 Fax ?6-3 5 City Cufflld Agrda I[frrn N0 #4 S1S1lJ[I U U N k"A Uh'A I ak'A (I) 1I )1IJ'A I DATE: August 08, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 44W 42_^^ SUBJECT: Type IV 6-Month Provisional Rental License for 5 101-03 Xerxes 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 5101-03 Xerxes 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 two-family dwelling. The previous license was a Type IV Rental License issued on October 12, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on six (3/unit) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [SIi1IJ[SJ I U I I *'A I'A I MYA [I) 11I 1SJiYI The following is a brief history of the license process actions. Current rental license approval activities: 01-27-2016 The owner, Dion Ramsey, applied for renewal of the rental dwelling license for 5 101-03 Xerxes Ave N, a multifamily property. 02-11-2016 An initial rental license inspection was conducted. Six (3/unit) property code violations were cited, see attached rental criteria. 03-14-2016 A second inspection was conducted and passed. 03-22-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-22-2016 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. 03-31-2016 The previous Type IV Rental License expired. 04-13-2016 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. 07-07-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 07-12-2016 A Mitigation Plan was submitted. 07-29-2016 A letter was sent to the owner notifying that the hearing before the Council will be held August 08, 2016. 08-01-2016 The Mitigation Plan was finalized. Prior Type IV Rental License approval activities: 06-01-2015 The Owner, Dion Ramsey, applied for renewal of the rental dwelling license for 5101-03 Xerxes Ave N, a two-family dwelling. 06-29-2015 An initial rental license inspection was conducted. 24 property code violations were cited, see attached rental criteria. 08-25-2015 A second rental inspection was conducted and passed. 09-03-2015 City records indicate two validated police nuisance incidents occurred in the past twelve months. Incidents were 10-01-2014 theft, 03-16-2015 burglary. 09-03-2015 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. 09-14-2015 A Mitigation Plan was submitted. 09-17-2015 The Mitigation Plan was finalized. 09-30-2015 The previous rental license expired. 10-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held October 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 Mission: Ensuring an attractive, clean, safe, inclusive coininunhly that enhances the quality of life for al/people and preserves (lie public trust [S[I1ik[iJ I fl I V IA U I 3 0) UI mJi disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-90 1 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust S[I1IJ[iJ I fl I V 3'4 U I k!A (I] 1I I1SJk' 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: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I1BI[iJ I fl I DW4 IYA I IiY4 0] UI )1IJ1 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 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 51813.01, 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: Ensuring an attractive, clean, safe, inclusive conuntink)' that enhances the quality of life for all people and preserves the public trust [EI1IJ[i1 I V k'4 Uh!A I ak'1 (I) 1I I1flh'A 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 5101-03 Xerxes Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/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 5101-03 XERXES AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5 101-03 Xerxes Ave N, was issued a Type IV Rental License on October 12, 2015; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5 101-03 Xerxes Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5 101-03 Xerxes Ave N, Brooklyn Center, MN. August 08, 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. inrmc AN D commrrr STANDARD S TBROOELYNty of Rental Licee Mtiatir Pl a n Typ e IV Lic e ns e -indvir1ttc, Mitigtian Plans wX not be a ccepfe d, A filsb1e frrn r a n be round on the Cit/s website at rwi tyothrookjnceFltarorg or call (763) 563330 to have an electronic copy sent to you via email. Property Address: 51u1510 ere$Lw N Owner's N a me (s ): Oloft Ra msey Ownrs Mdres: U-1 39 L1I / N Ornet's PhonE (7) Owners Email; Cu r rent Ep1rat3ori Date-,I Aii Local Aent(e): Aert'a Add re ss , Ageris Phone: A,genVs Email; ..-Pending Expira tion Date: g I ^D)i v( mrjnhj Owçi,rrr ArDzri) Based on property conditions anWorvelidsted police nu&ane incidents 1 the above refe rence d prop erty qu a.Mes fo r a Type IV- Month Rental Lkens. Prior to appllcarion approval by the City Council a fully completed M iti g ation Plan must be completed and approved by City staff. A Migation Plan must be completed irnrneiteIy i n order to ensute timely onp1etlQn ofthe liense .a pplication proces s.. The M i ti g ation Plan should indicate the steps being taken to correct identified vio l ations and the measures that will be tskn to ensure ongoing cornplirce with City Ordinnce and ap1ioabie des. A Mi atiorL Pl a n all o ws the owriei eM the City to rsvEew oaricerns. nd Ide nt ify possible solutions to improve overall conditions of the property. lithe Mitigation Plan is not submitted, and alUtems are not completed within the pending license pertu 1 o rthe ebve property operates b eyond the 1 1cen t e epiretiii date ,fcenl a mio nt, 8uch as dtation , formal complaint, or license review may resuft before s ubmitt.ing, I1U-uL Sec tions A B a nd C located n pages 2,3,4, and 6. Pr; us Type rV.RoollarL eMririwi Pat?, J. 444-15 Cy of k1yn trEuildiug rind Crnimuid±y Snd5IprbLiue1 f301 ShIngla CrEER FJkW&Y, flrci1cn Ocnter j MN I Ftr: j YWI M 1 I1Y; ?s 1 1 F ?1 -GO BUILDINC AND COMMDNrrY STANDARDS X--BRORhYN .5101-5103XerxcsA'eN 1 Rental License Mitigation FlanC CE Type IV License 5tiris A—Crime Free Housing Program R4quiremenfs Phase I 1)use a written tease agreement The lease arm shall inoWde tho Cdnie Free Housing Lease Addend urn A copy of the tee egreemnt and Crime F.re Housing Lae M(lendirn mu-5t be attached to the Ml1Iatkn Plan when submittad, 2)Agree to puue the iimlnatlin or lea-se reement or evtctiori of tenants who violate the terms of the lease or any addandums. 3) Crndud criminal backgourid check farallw ptdspectiveteiant. If it is a current tenant a n'w bckgrQlmd check 15 net required. Must be able to provide dittin to City if rausted, [] 4) Attend a City approved eight-hour Criiii Free Husiig training course. Information for approved cowses can be round at wwi.mncpa.neL under ilia Trafh;69 and Events tab. A copy of the Crime Free Housing Gartificate must be tathd tb the Mitigation Plan when submitted- Crime Free Housing training was completedon/is shthded fer Owner or agent attendadlfs planning to attend training a ty o; Submit 10onibty Update by the 10th day of each morth. p1lasa 11 Ei I) Complete a Security Assessment ad implement improvements requested by the Eroik1yn Center Police Department- To sthedulen irkIlialr1cliw-up Security Assessment, catl (763) 589.3344. A follow-up essesstnriL must kw iompeted before the I imante expirtoi date to ,etfy the securty improverneMs have bo-en implemented. If a ecu rity Assessment has been previously complated, write the conipteikin date. I I $---- Sec1JrlIy Assessrne;ntwas campleted cnfls scheduled io P/fl j1 Security Ass siien! filtOw-Lup was ccimplehed on/is scheduled for rj uJz- Continue Sections. A Phase RE on pane 2 pa-W 211Tpp qMwr PA, J?e.v. 4-1$ Q( Rmplkbm r—ufl1h1g and Communily Slandarda Dupfmn! wrJync.r4r.&j E.3D1 ine Cfeelk Pay, MJ 5543U21 I Pficn: 7] 3-334 I flY: 71 1 F ç731 5E36D - BIThLDINC AND COMMUNITY STANDARDS city L Rental License Mitigation PIai Type N LIcerie Sections A—Cfimie Free Housing Program RqiI ries (onIirnwd) Phact IIIfj i I Otner or agent will attend at rniimurii Sc'% (2) of the A. The ARJ. Miqatlnos mt be COM pIet.ad w]th1n the rrt1 liceme period and bfe the pending Typo IV Licismse exWitatioadate,RegistraIin Es 11ot required, however you rtiustslgn-indon'Tlglh.emeetrig. Write two tiF dt n owner or aiit plan to llerni Owner or agont will at-ed A. meetings 56idU1Ed ow and fjJ 2) Have no repeat code vlalaliows preiousty docunentd with $e past year. The tlowTrj actions ares raqt red for propertlos with friu (4) or more units. 0 Conduct resident train Ing annually 11I1 includes crime prevegition tech niques 2) Conduct regular reiderit 'igi .V REnfal Ur A 3iü'1 Phi.. Rev. 4-4-15 City n!Iyi Citer— iflc11i Yi.d Cömrrinidty t14B 301 Sfflrj1CrEk Mu I Condition* F F F Fri F F Expected Replacemont Date May 2020 may 2024 2123 may 2020 Ii,ty 2020 jr-irle2l)17 June June 2O2 june 2025 Cit BIJILDING AND CQMM1ThIrFY STANDARDSy ol - CEN'IER $1Q1O3 X'rxei N R-t1 License MItigatian Plan Type IV License 5ectkna S-Long Thrm Capito l Improvement Plan Savad wi ondtion and age, es1irria1d replacement dates need to be provWed for common captaI iter. Funding should be coriicfered accord inly. ftms thai are broken worn, or othervw1se i n violation prior to the eGfimsled replacement date need to be rpld sooner. All items must have a date for EsEirnted Ropla6ern oon l C Oates such as: unur& "di -ii cnow or "When bmken will not be accepted. If you ain unsure of when an item wiU ne1 to be ieplced, you can make a pred[cLlon based on the age, appearance s condllkn, or iiur&irdury recrnmendations, Additional Hormalinji on Expected Useful Life can be fovnd at whuthgov. Date Last RepFaced Example: Water Hea!e' My 2010 Furnace my2c Water Heater June NO Kitchen App1Iance m ay 201O 1-sin1ry Appliances JU1? 2012 Smoke Alamia) Carbon Monoxide Alarm5 June 201 Exterior Items Pain/Siding - 2 Wind ow Jura 24X - Roof July 200S Fence none Stied none Garage June 2ODE Driveway June Sidewalks Other: 2025 F may2O22 NeN FirF Weeen Replaterrent=R - 1'a I V fL3 r1ei1 LAr) $krn PYl Av. 4-1-5 City 9 rooRlyn Ce eBuik1in CDmiiItySta& pafnIt cjor,Yen1er efl;i 6O1 5hlrl Crk Parw -y, kiyn Center, MN -t3O-2i PJioñ (7 TTY.-711 I Fa 473 BUILTMHG irn COMM'UNITY STAND ARD SCity of EOO(N 101-5103XerAv N CENTER Type IV Le SeLtQI1$ C—Steps to Improve MnagomeriI and Conditions of Property The items In thIs sect ion have been proven to assist with property ii.ngerrent a nd property thiee. The fo RoWingacittonsare requ1rd: 12] 1 Chock-I n with tenants every 30-days 2 Drive by pwpery to check for pose G o de vi o lation s , RII 3 £,ict lo n :^nt5 in vi ola t ion of the lease or ny 4 Pmir c u rrent on all utility fees, iees ass e ss ment5, fires, penaltie s , and other linarc1eI rJairns 1paymen ,ts &e to the City, 5) Other: The fo llowing a ction5 a re optional unless roqu]red by the Cty. LII 1) Provide iwr/.iicw servi ce, E1 2) Provide gabae etvke, LII in s ta ll security 4) Provide maintenance service p lan fo r a ppriances. Name of seNri ce catinpany VO $ Other: If the Type IV- Month Rnta1 License is approved by the City CciinciI, the licensee must com p ly with the epprcived Mitigation Plan and alt eppllcable City C.ixIe5 A written report must be subm]tted by the I Ci ay of each month with an update of ati bei-g taken by the owner ndkr agent to cornp1y with this flJtlaticii Fii. A copy of the Monthly Update can be fo u nd on page?. A fiIIahO forri c-an be found cia the City's webite clvAv).Y,rityifbrooklyncenteror.g or call (76) 9-330 to have an eeIronk copy set to vie emafl, ?lese attach a ddMonal information [1i-y. th-Art Re o fak1yi:I P1 lildn4p ad Gonuft'UKRy Sfnud ardzfliti wrrrcl 1 S flri', CnIe, M 1 1 trY: 711 I Fjsg-€o 1flJLDING AND COMMUNITY STANDARDS 1Q11 Ave-. ental L eiie ML tkr Pin ,CENTER Type IV Uc-en%e $19 n and Verify I Vet1id thai a l l h 'tritiwi proidd is true t nd acraf, I i,inderstand that III do not cumpIV with th e apprQved Miiatri PIa, crnply with all iterns wiffiln the ken period, or o perate beyond the lic-e nsse wexpiratlion dal e , nfcircmencia.n uh cl1atIon-, orma1 rnp12m, or Iicri review m ay ires uli. 1cP Rrry JnE1 ThP.3B PinF Dion Ramsey-- IIIp1t JI5.tri- Qrru! Srr AmWa Pas e Prkfl) Ar-AWmral A garf ppt jr Jmy CJ& r 1-e ^ /d/ L P•i'i Dtrm'; I 8 -.---' iJo;ii;iic!y srarri Opar.'iT1f / t J41 rim ct ocI t-Ji1ng an. m1uty wcircyrrnrg 631)1 S*w3lo Cfl> Paw, Brjn CnIr, MN 1--21(i Pbir,: I TVY 711 I F (T)59-336O City Councl'i Agenda Item No. lOb [SII1IJ[SJ I fl I I M!A LA I (I) 1II I1IJIYA I DATE: August 8, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director M'! SUBJECT: Increase in Franchise Fees from Xcel Energy and CenterPoint Energy Recommendation: It is recommended that the City Council consider adoption of the first reading of the ordinance amendment for franchise fees setting a Public Hearing and adoption date for September 12, 2016. Background: The City Council adopted two resolutions on December 8, 2003 which established franchise fees with the two large non-municipal utility companies in Brooklyn Center; Xcel Energy (electricity) and CenterPoint Energy (natural gas). These fees are charged to the respective utility companies for the use of public right-of-way and other public grounds in the delivery of services to their customers. The City is proposing a three percent increase to the Xcel Energy franchise fee and a six percent increase in the CenterPoint Energy franchise fee. The City anticipates collecting $650,000 in franchise fee revenue for 2016. These funds are credited to the Street Reconstruction Fund, which is used to fund the portion of street projects that cannot be assessed as outlined in the 15-year Capital Improvement Plan. The franchise fee agreements allow the City to increase the fee. The agreement with Xcel limits the franchise fee to two percent of total annual revenues derived from the City and limits the increase to not more than three percent every three years. The Xcel agreement runs through 2023, with a clause that allows for a reopener if we desire to amend the agreement for specific provisions the company has agreed to with two or more cities since the franchise agreement was adopted. The CenterPoint agreement is less restrictive on franchise fee increases and only requires that the fee formula is non-discriminatory or place the company at a competitive disadvantage. The CenterPoint franchise agreement runs through 2035. mi -. 4_i.monthly impact on residential properties of the piupuu nanchise fee increases are as follows: Current Proposed Monthly Increase Xcel Energy $1.52 $1.57 $0.05 LCenterPoint 1.52 1.61 0.09 * Commercial and industrial would also receive an equivalent percentage increase Increasing these franchise fees requires a minimum of a sixty-day notice to Xcel and a ninety- ox r fl nfi na tn ("cs,,tnrDn,-nl- on .'1 a ni ilnl c nfl tn rl +1 a (A01 on fan oil en an'..tUJ II'JLJ¼A.d IA) '.JIIIL UII'..0 CL CLUIIS II'.dWIII, LJ "III I'd LII.., lIUiJ¼/IIIOSs J'..".d '-1¼4 II(4IIJj. Mission: Ensuring an attractive, clean, safe, inclusive cciinhiiuhiity that enhances the quality of life for an people and preserves the public trust Ii[IiJhIiJ I fl U U k'A U I II"4 (0] 1I IliIk%I Xcel Energy and CenterPoint Energy have been notified of the proposed changes. Copies of the notifications to those firms are attached. Budget Issues: A three and six percent increase in the franchise agreements with Xcel and CenterPoint, respectively, amount to an estimated $27,000 annual increase in revenue. If approved, the 2017 Street Reconstruction Fund budget will be adjusted to reflect this increase. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 12th day of September 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 amendment of Ordinance No. 2003-22. 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. 2003-22, EXHIBIT A; XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Exhibit A of Ordinance No. 2003-22 setting the rates for a franchise fee on Xcel Energy for providing electric service within the City of Brooklyn Center is hereby amended as follows: EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Premise Residential Small Commercial & Industrial - Non-Demand Small Commercial & Industrial - Demand Large Commercial & Industrial Public Street Lighting Municipal Pumping - Non-Demand Municipal Pumping - Demand $1.57 per month $3.19 per month $21.22 per month $101.97 per month $12.77 per month $12.77 per month $12.77 per month Section 2. This ordinance amendment shall become effective for service billings by Xcel Energy after December 31, 2016. Adopted this 12 day of September, 2016. Mayor ATTEST: City Clerk Date of Publication Effective Date CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 12th day of September 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 amendment of Ordinance No. 2003-23. 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. 2003-23, EXHIBIT A; CENTERPOINT ENERGY OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER FEE SCHEDULE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Exhibit A of Ordinance No. 2003-23 setting the rates for a franchise fee on CenterPoint Energy for providing electric service within the City of Brooklyn Center is hereby amended as follows: EXHIBIT A CENTERPO1NT ENERGY GAS FRANCHISE FEE SCHEDULE Class Fee Per Premise Residential Commercial A Commercial Industrial B Commercial C SVDF A SVDFB LYDF $1.61 per month $1.68 per month $5.46 per month $21.84 per month $54.59 per month $104.81 per month $104.81 per month Section 2. This ordinance amendment shall become effective for service billings by CenterPoint Energy after December 31, 2016. Adopted this 12th day of September, 2016. Mayor ATTEST: City Clerk Date of Publication Effective Date [ij V4i') :1 August 5, 2016 Scott Johnson, Manager, Community Relations and Economic Development Xcel Energy 8701 Monticello Lane Maple Grove, Minnesota 55369 Re: Increase in Franchise Fee for City of Brooklyn Center Good Morning, The City of Brooklyn Center is proposing a change to its franchise fee ordinance affecting the agreement for franchise fees with Xcel Energy. Under the terms of Ordinances 2003-22, 2003-24 and 2009-01, the City of Brooklyn Center is proposing an increase of three percent in the franchise fees imposed on Xcel Energy resulting in the following rate schedule changes: Current Monthly Fee Per Premise Proposed Monthly Fee Per Premise Monthly Increase Residential $1.52 $1.57 $0.05 Small C&l Non Demand 3.10 3.19 0.09 Small C&l Demand 20.60 21.22 0.62 Large C&l 99.00 101.97 2.97 Public Street Lights, Muni Pumping 12.40 12.77 0.37 Anticipated dates regarding the proposed franchise fee increase are as follows: August 5, 2016 - Xcel notified of proposed franchise fee increase August 8, 2016 - City Council sets public hearing date September 12, 2016 - Public Hearing on proposed ordinance change to franchise fee schedule September 14, 2016 - Xcel provided adopted franchise fee schedule January 1, 2017 - Effective date of franchise fee schedule Attached are copies of the franchise fee proposed ordinances. If you have questions of concerns, you may contact me directly at nreinhardt@ci.brooklyn-center.mn.us or by phone at 763-569-3345. Sincerely, Nathan Reinhardt, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 CC: Curt Boganey, City Manager City Hail Community Center PoIioe & 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 I" Vib August 5, 2016 CenterPoint Energy Minnesota Division Vice President 800 LaSalle Avenue Minneapolis, Minnesota 55402 Re: Increase in Franchise Fee for City of Brooklyn Center Good Morning, The City of Brooklyn Center is proposing a change to its franchise fee ordinance affecting the agreement for franchise fees with CenterPoint Energy. Under the terms of Ordinances 2003-06, 2003-22 and 2009- 02, and 2015-12 the City of Brooklyn Center is proposing an increase of six percent in the franchise fees imposed on CenterPoint Energy resulting in the following rate schedule changes: Current Monthly Fee Per Premise Proposed Monthly Fee Per Premise Monthly Increase Residential $1.52 $1.61 $0.09 Commercial A 1.58 1.68 0.10 Commercial Industrial B 5.15 5.46 0.31 Commercial C 20.60 21.84 1.24 SVDFA 51.50 54.59 3.09 SVDF B 98.88 104.81 5.93 LVDF 98.88 104.81 5.93 Anticipated dates regarding the proposed franchise fee increase are as follows: August 5, 2016 - CenterPoint notified of proposed franchise fee increase August 8, 2016— City Council sets public hearing date September 12, 2016 - Public Hearing on proposed ordinance change to franchise fee schedule September 14, 2016 - CenterPoint provided adopted franchise fee schedule January 1, 2017 - Effective date of franchise fee schedule Attached are copies of the franchise fee proposed ordinances. If you have questions of concerns, you may contact me directly at nreinhardt@ci.brooklyn-center.mn.us or by phone at 763-569-3345. Sincerely, Nathan Reinhardt, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 CC: Curt Boganey, City Manager 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 Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION August 8, 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 1.Resident Economic Stability - Continuation 2.Review of Agenda for August 17, 2016, Meeting with Congressman Ellison PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Fire Department Structure 2.Centennial Park Improvements 3.Solar Energy Options 4.Paperless Packets Report 5.Civic Group Policy - Mayor Willson 6.Mobile Health Care-Related Temporary Housing 7.Lodging Establishment Licensing 8.Body Camera Implementation and Policy Work Sessi©n Agenda Item No. 1 I!4 B k'4 (I] 1I USJ i1II[1!&'LI) 1 I *L1 (I)I DATE: August 8, 2016 TO: Curt Boganey, City Manager FROM: Reggie Edwards, Interim Assistant to the City Manager SUBJECT: City of Brooklyn Center Socioeconomic Opportunity Profile Report - Work Session Continuation (July 22 w') Recommendation (Repeat): It is recommended that the City Council consider receiving the City's Socioeconomic Opportunity Profile report and provide suggestions on next steps in an effort to engage community leaders in a dialogue regarding the meaning and implications of the report (Recommendation Continuation). Background (Repeat): In March of 2015, the Council adopted the City's 2016-2018 Strategic Plan, which included six strategic priorities. One specific strategic priority identified in the plan is "Resident Economic Stability". In the plan "Resident Economic Stability" is described as being "essential to vibrant neighborhoods and to retail, restaurant, and business growth ". In the plan it is further stated that the City will lead in this area by, "supporting collaborative efforts of education, business, and government sectors to improve opportunities for residents ". In March of 2016, the City entered into an agreement with Everybody In, Inc. to research and report on economic equity within the City, facilitate community and business dialogue on promising economic strategies, and to assist in developing and monitoring related strategic actions. The intended results of this effort will be to: A.Enhance the capacity of minority businesses to successfully start, grow, and sustain themselves in the city and region, and to hire more local talent as they grow; B.Strengthen the college to career pipeline by partnering with area higher education institutions and workforce development organizations to make sure the young talent growing up in Brooklyn Center is capably prepared to be prosperous locally and offer civic leadership to boost the horizon of the incoming generation of young people after them; and C.Address the policy opportunities and constraints that either support or impede movement toward racial equity and keep a vigorous eye on how policy can help close racial equity gaps and promote shared prosperity in the region; and D.Organize key city stakeholders, including the private sector and government, with higher education, non-profits, faith-based institutions, and community associations to collectively define and lead an effort on economic stability in the City. Z'Iission: Ensuring an attractive, clean, safe, inclusive colninlulity that enhances the quality of life for all people and preserves the pa h/ic trust k I MhYA [I] 1WI I1IJ I1U[iJ I ALI] i I'L1 (I]I An assessment of the City's socioeconomic profile has been conducted. The assessment will be followed by an engagement of community leaders in a dialogue regarding the meaning and implications of the profile report. (Added Background Information) - In July, 2016, the Council was presented the "City of Brooklyn Center Socioeconomic Opportunity Profile" report. The report outlined the City's current demographic, educational, and economic outlook. The Council asked questions and engaged in a discussion with the presenters regarding the report. Due to time constraints and courtesy to the presenters, the Council recommended a continuation of the presentation and discussion to the next soonest work session available. The continuation of the discussion was to include: 1.Further discussion of the report, particularly related to the area of education 2.Next steps with regard to identifying stakeholders to participate in the leadership of the initiative and subsequent work Policy Issues (Repeat): Staff continuing request that the Council: 1.Receive and offer feedback on the report 2.Providing suggestions on next steps Strategic Priorities: . Resident Economic Stability Mission: Ensuring an (lllrac(ne, ck'an, saj, lucius/re cwnnlulut)' that enhances the quality Of lift, jbr all people and preserves the public trust RESIDENT ECONOMIC STABILITY UPDATE INCLUDING DIVERSE BUSINESS OPPORTUNITIES CITY MANAGER Mr. Boganey introduced this topic and invited Sam Grant, PhD, Executive Director of Everybody In, to come forward and provide details on this item. Mr. Grant provided a presentation with background, mission and goals for the Everybody In Program. He invited Kia Her, Research Analyst, Everybody In, to give more details on the demographics gathered for Brooklyn Center. Ms. Her stated the ages, races, education, and employment status of residents and how they compare to surrounding cities. Mayor Willson stated the data gathered and studied is very good and informational. He noted he has reached out to the Legislators about it already to see how they can help and get involved. Councilmember Myszkowski stated she served on the Osseo School Board for 5 years and believes the most effective and accurate way to get the data they need is directly from the schools. She stated the schools would have an accurate count of kids who attend their school and live within the district. She stated there could be some discrepancies in the data including children who attend Brooklyn Center schools but who don't actually reside in Brooklyn Center. She suggests looking at secondary scores and ACT scores to get the most accurate preparedness data. Mr. Grant stated the feedback from the City Council is great and he welcomes it. He stated he hopes to form a partnership with schools and in turn will get the data they seek more easily, the schools will start to see the benefit of the program, and everyone will succeed. Councilmember Ryan stated a concern of his is the idea in the communities that the public schools are failing. He stated the reality is that the data shows there needs to be a collaborated effort between the support at home and the school teachers for a student to succeed. He stated the schools are doing their part and feel the community needs to be educated on their role as well. Mayor Willson noted it is important to take into account the City doesn't have a lot of private school options so it is important to ensure the public school system is succeeding. He stated that one of the most disturbing facts is that the City's wages are so much lower than those of the surrounding areas for the same positions. Mr. Grant asked the City Council to make their concerns and hopes for the City public. Mayor Willson replied the City Council has no objection to making their stance on this issue public, he noted they feel it is very important and want to help any way they can. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Graves seconded to adjourn the Study Session at 6:45 p.m. Motion passed unanimously. 07/11/16 -1- RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Graves seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. RESIDENT ECONOMIC STABILITY UPDATE INCLUDING DIVERSE BUSINESS OPPORTUNITIES - CITY MANAGER - continued Mr. Grant thanked the City Councilmembers for their time and help with the Everybody In Program goals and mission. He noted together the City and the program can achieve a lot. It was the consensus of the City Council to add this item to the next Council meeting agenda for a status update and further action that may need to be taken. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded to close the Study Session at 7:02 p.m. Motion passed unanimously. studysession.exerpt. economic. stabjlty 07/11/16 -2- Wrwk Session Agenda Item No. 2 I I k"A (I] 1I P1B1h'A I1,J[IJ I S!'LI) 1 41f1EII DATE: August 3, 2016 TO: Curt Boganey, City Manager FROM: Reggie Edwards. Interim Assistant to the City Manager SUBJECT: Agenda for Meeting with the Honorable Congress Member Keith Ellison Recommendation: It is recommended that the City Council consider directing staff regarding the agenda outlining the discussion with Congress Member Keith Ellison and identification of top federal legislative issues to be discussed during the meeting. Background: In June of 2016, the Office of the Honorable Congress Member Keith Ellison of Minnesota's 5 Congressional District, communicated with the Mayor requesting a visit with the City. Representative Keith Ellison took office in January of 2007, and has represented the City and its interests on many legislative issues. Congress Member Ellison has sponsored approximately 75 legislative bills in the year 2015-2016 including the following four examples: 1, H.Amdt. 1286 - Amendment sought to reprogram already appropriated funds to create an Office of Good Jobs for the Department of the Interior. 2.H.Amdt. 1229 - Amendment sought to strike restrictions on the Consumer Financial Protection Bureau's ability to promulgate rules restricting pre-dispute mandatory arbitration in consumer contracts with firms offering financial products. 3.H.Amdt. 1037 - Amendment sought to return $9,440,300,000 from procurement to the OCO Operations & Maintenance fund in order to fund operations overseas, with $26 million designated for suicide prevention. 4. H.Amdt. 499 - Amendment sought to prohibit use of funds to enter into contract with a government contractor that willfully or repeatedly violated the Fair Labor Standards Act. The City Manager coordinated with the Office of the Congress Member and the City Council on a mutually agreeable date and time to meet. The City will host the Congress Member on August, 7' from 1:00pm to 2:30pm in Cohen Room, CAC (see attachment A - "Agenda"). The meeting objectives include: • Hearing a federal update from the Congress Member • Hearing about top issues of the Congress Member • Sharing an update of the City with the Congress Member • Exploring possible future city federal related legislative issues with the Congress Member IWission: Ensuring an attractive, clean, safe, inclusive colninunity that enhances the quuliti: of lift, fin- all people and preserves the public frust k!'A S (I) 1WI flhik' EIOiSIhXiJ I 1ALI) 1 I DI'f1 [SJh1 Staff has identified a few areas of focus, which may be raised with the Congress Member regarding city federal related legislative issues (see Attachment B) Budget Issues: None Policy Issues: Staff request that the Council: 1.Direct staff on the structure and agenda of the meeting with the Congress Member 2.Direct staff to add specific items to the agenda of city federal-related legislative issues Strategic Priorities: Strategic priorities are pending legislative issues identified by the Council Strategic Priorities include: • Resident Economic Stability • Targeted Redevelopment • Enhanced Community Image • Inclusive Community Engagement • Strengthened and Empowered Youth • Key Infrastructure Investments Mission: Ensuring an allriwtive, clean, safe, inclusive community that enhances the quality of 41e br al/people and preserves the public trust I'J 1I'flT1I4J !Afl i&iPfl The Honorable Congress Member Keith Ellison Wednesday, August, 17th from 1:00pm to 2:30Pm in Cohen Room, CAC 1:00 - 1:10 Welcome by Mayor & Introductions 1:10 - 1:25 Federal Update by Congress Member Keith Ellison 1:25 1:40 Top Priorities of the Congress Member 1:40 - 1:50 City Update by Mayor 1:50 - 2:00 Top City Federal Related Issues by the City Manager 2:00 2:10 Identification of City support areas of the Congress Member (Group Discussion) 2:10 - 2:25 Direction from the Congress Member Regarding Moving Top City Federal Related Issues Forward 2:20 - 2:30 Closing Remarks by Council Members and the Congress Member and Presentation of Small Token of Appreciation from the City to the Congress Member 2:30 Adjourn Brooklyn Center Federal Legislative Issues Draft Number Issue Description Department Federal Agency/Committee 1.Trunk Regional and local transportation Public Works Transportation Highway 252 issues including safety, congestion,and Committee and US 66th Avenue and community connectivity Transportation Department of Interchange dictate that adjustments be made Transportation on this major metropolitan highway. This project needs both state and federal funding. Without either contribution, this project becomes very vulnerable. The State has been petitioned to include this project on the State Transportation Plan. This project is important to the regional transportation system for metro- wide travelers and regional/local freight transporters. 2.Trunk Regional and local transportation Public Works Transportation Highway 252 issues including safety, congestion,and Committee and US 70th Avenue and community connectivity Transportation Department of Pedestrian dictate that adjustments be made Transportation Overpass on this major metropolitan highway. There have been several traffic deaths in this corridor. This project needs both state and federal funding. Without either contribution, this project becomes very vulnerable. This project involves constructing a pedestrian walkway over Highway 252, so that citizens and visitors can safely walk and jog between neighborhoods. The State has been petitioned to include this project on the State Transportation Plan. This project is important to the metropolitan regional walking and trail system both for citizens and visitors. 3.215t Century The City has initiated efforts to Police US Department of Policing explore the use of Body Worn Department Justice Camera (BWC) which is a strategic pillar in the President's Task Force on 215t Century Policing guide. The area of technology and social media continues to be a growing area for policing and building community within the city. While federal and state programs encourage the development of BWC, there is little funding to assist police departments in becoming 21 " Century equipped. Local government grant funding with match would equip the Brooklyn Center Police Department and others throughout the country with paving the way to increasing transparency, improving service quality, and strengthening community relationships. 4.Federal Tax Brooklyn Center is entering a Department of Congressional Legislative Exemption period where several of its largest Finance, Public Issue for capital projects are underway.Works, Municipal Financial management of these Community Bonds projects, such as Shingle Creek Activities Crossing, is critical to a community Recreation of 30,712 citizens. There are Services looming concerns of municipalities losing federal tax-exempt status, which would significantly impact the City's ability to make long-term infrastructure investments, and provide high paying jobs, while keeping the tax burden down to a minimum. Congress and Administration continue to discuss 'repealing the tax exemption or replace it with a cap on investment deductions. 5.Reinstate The State of Minnesota and local Fire Committee of Ways and and Extend units of government use property Department Means: Sub-Committee the tax rebates and other incentives to on Tax Policy Volunteer recruit and retain volunteer Responder firefighters; however, the Internal Incentive Revenue Services (IRS) views these Protection incentives as income. The VRIPA Act (VRIPA)excluded from taxable income any property tax benefit and up to $360 per year of all other payments to volunteer firefighters and EMS personnel from a state or local unit of government. This law expired at the end of the 2010. Support is needed to reauthorize this provision and increase the tax exclusion of non-property based incentives for volunteers from $360 to $600 per year. This modest investment in recruiting and retaining volunteers will yield significant savings as communities will be able to retain their volunteer firefighters.