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HomeMy WebLinkAbout2016 09-12 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION September 12, 2016 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center September 12, 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. August 17, 2016 – Legislative Session with Congressman Ellison 2. August 22, 2016 – Study/Work Session 3. August 22, 2016 – Regular Session 4. August 29, 2016 – Joint Work Session with Financial Commission b. Licenses c. Application and Permit for Temporary On-Sale Liquor License Submitted by The Loppet Foundation for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, Brooklyn Center, on October 15, 2016 d. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2016-06, Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) Street Improvements CITY COUNCIL AGENDA -2- September 12, 2016 e. An Ordinance Amending Chapter 35 – Zoning of the City Code of Ordinances Regarding the Regulation of Floodplain Management within the City of Brooklyn Center, Minnesota –Approve first reading of ordinance and set second reading and Public Hearing for October 10, 2016. f. Resolution Approving the Metropolitan Emergency Services Board Opiate Antagonists Subgrant Agreement 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Anna Burke for Her Dedicated Public Service on the Financial Commission Requested Council Action: –Motion to adopt resolution. 8. Public Hearings a. Proposed Special Assessments for Delinquent Nuisance Abatement Costs, Delinquent Administrative Fines/Citations, and Delinquent Administrative Vacant Building Registrations –On August 8, 2016, the City Council called for a Public Hearing to be held September 12, 2016; notice was published in the official newspaper on August 18, 2016. 1. Resolution Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls Requested Council Action: –Motion to open Public Hearing. –Motion to take public input. –Motion to close Public Hearing. –Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls Requested Council Action: –Motion to open Public Hearing. –Motion to take public input. –Motion to close Public Hearing. –Motion to adopt resolution. 3. Resolution Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls Requested Council Action: –Motion to open Public Hearing. –Motion to take public input. –Motion to close Public Hearing. –Motion to adopt resolution. CITY COUNCIL AGENDA -3- September 12, 2016 b. Proposed Special Assessments for Delinquent Public Utility Service Accounts –On August 8, 2016, the City Council called for a Public Hearing to be held September 12, 2016; notice was published in the official newspaper on August 18, 2016. 1. Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls Requested Council Action: –Motion to open Public Hearing. –Motion to take public input. –Motion to close Public Hearing. –Motion to adopt resolution. c. Franchise Fees from Xcel Energy and CenterPoint Energy –This item was first read on August 8, 2016; published in the official newspaper on August 18, 2016; and is offered this evening for Public Hearing. 1. An Ordinance Amending Ordinance No. 2003-22, Exhibit A; Xcel Energy Electric Franchise Fee Schedule Requested Council Action: –Motion to open Public Hearing. –Motion to take public input. –Motion to close Public Hearing. –Motion to adopt ordinance. 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 open Public Hearing. –Motion to take public input. –Motion to close Public Hearing. –Motion to adopt ordinance. 9. Planning Commission Items a. Planning Commission Application No. 2016-008, Submitted by Harshal Patel with Brooklyn Center Hotel Group, LLC for Site and Building Plan Approval of a New 4-Story 82-Room Fairfield Inn and Suites Hotel (6250 Earle Brown Drive). –The Planning Commission recommended unanimous approval of this Application at its August 25, 2016, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2016-008, Submitted by Harshal Patel with Brooklyn Center Hotel Group, LLC for Site and Building Plan Approval of a New 4-Story 82-Room Fairfield Inn and Suites Hotel (located at 6250 Earle Brown Drive) Requested Council Action: –Motion to adopt resolution. CITY COUNCIL AGENDA -4- September 12, 2016 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1. 5943 Colfax Ave N 2. Resolution Approving a Type IV 6-Month Provisional Rental License for 3000 62nd Ave N 3. Resolution Approving a Type IV 6-Month Provisional Rental License for 4013 65th Ave N 4. Resolution Approving a Type IV 6-Month Provisional Rental License for 5748 Humboldt Ave N Requested Council Action: –Mayor poll audience for applicants to address Council. –Receive staff report. –Motion to open hearing. –Receive testimony from applicants. –Motion to close hearing. –Take action on rental license applications and mitigation plans. b. Resolution Awarding the Sale of $5,425,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment Requested Council Action: –Motion to adopt resolution. c. Resolution Considering the Appeal of Special Assessment Deferral for 3506 Woodbine Lane Submitted by Alie and Abioseh Kamara Requested Council Action: –Motion to adopt resolution. 11. Council Report 12. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 12, 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.Water Treatment Plant Disinfectant Update 2.State Law Regulating Temporary Family Health Care Dwellings in Residential Zoned Districts 3.Discussion Regarding Resolution Committing the City of Brooklyn Center to Collaboratively Ensure Economic Stability for all Residents, Businesses and Entrepreneurs by Committing to the Elimination of Economic Racial Disparities and Providing for a Mutually Prosperous Community 4.Public Purpose Expenditure Policy PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Centennial Park Improvements 2.Solar Energy Options 3.Paperless Packets Report 4.Body Camera Implementation and Policy 5. Lodging Establishment Licensing Oty Cunil Agenda Item N©0 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA LEGISLATIVE SESSION WITH CONGRESSMAN ELLISON AUGUST 17, 2016 COMMUNITY CENTER - COHEN ROOM 1.WELCOME BY MAYOR TIM WILLSON & INTRODUCTIONS The Brooklyn Center Legislative Meeting with Congressman Keith Ellison was called to order by Mayor Tim Willson at 1:09 p.m. Mayor Tim Willson and Councilmembers April Graves and Dan Ryan. Also present: City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director Steve Lillehaug, Community Activities, Recreation and Services Director Jim Glasoe, Director of Business and Development Gary Eitel, Fire Chief Jeremy Hulke, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, and Deputy City Clerk Rozlyn Tousignant. Others present were U.S. Representative Keith Ellison and District Director Jamie Long. Councilmembers Kris Lawrence-Anderson and Lin Myszkowski were absent and excused. 2.FEDERAL UPDATES & TOP PRIORITIES BY CONGRESSMAN KEITH ELLISON Congressman Ellison stated his appreciation for the City of Brooklyn Center's Council and Staff. Congressman Ellison addressed the 21st Century Policing issue in the handout provided by City Staff and discussed the desire for criminal justice reform. Congressman Ellison briefly mentioned the importance of affordable housing and transportation, college debt, and gun regulation. 3.CITY PRIORITIES BY MAYOR TIM WILLSON Mayor Willson discussed the input of body cams for Police Officers. The Mayor also went on to discuss the City's initiative to reach out to Brooklyn Center youth. He mentioned the partnership between the City and HUD to work towards affordable housing. He mentioned the Blue Line and the City's work towards providing citizens public transit. 4.TOP CITY FEDERAL RELATED ISSUES BY CITY MANAGER CURT BOGANEY Mr. Boganey discussed the work on TH 252 and the City's work towards safety, both for automobiles and pedestrians. Mr. Boganey and Mayor Willson mentioned Brooklyn Center's goal and need of having the City considered in State planning for highway repairs. 08/17/16 -1- DRAFT Mr. Boganey mentioned Brooklyn Center's community focused policing, and the Chiefs commitment to implementing some recommendations from President Obama' s taskforce. Mr. Boganey briefly addressed the City's position on Federal Tax Exemption for Municipal Bonds and the Volunteer Responder Incentive Protection Act, and explained the City's Resident Economic Stability Priority. 5.TOP CITY FEDERAL RELATED ISSUES RESPONSE AND DIALOGUE BY CONGRESSMAN KEITH ELLISON Congressman Ellison stated his approval of the provided materials for the meeting. The Congressman also announced his appreciation for the City's support of the Liberian community. 6.OPEN DISCUSSION Councilmember Ryan asked the Congressman whether he sees any progress in protections of citizens with Payday Lending. Congressman Ellison affirmed that the CFPB guidelines should help. Councilmember Graves asked about Environmental Priorities. Congressman Ellison mentioned a Presidential initiative. Chief Gannon mentioned the Joint Community Police Partnership and building relationships between the community and police. Congressman Ellison went on to ask for illustrations of positive interactions between police and residents. 7.CLOSING REMARKS BY COUNCILMEMBERS AND THE CONGRESSMEMBER AND PRESENTATION OF SMALL TOKEN APPRECIATION FROM THE CITY TO THE CONGRESSMEMBER Congressmen Ellison was given a Fire Department patch and Police medallion as tokens of appreciation from the City. 8.ADJOURN Meeting was adjourned with a photo at 2:10 p.m. 08/17/16 -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/WORK SESSION AUGUST 22, 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 City Manager Reggie Edwards, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Consent Agenda Item 6f, Resolution Committing the City of Brooklyn Center to Collaboratively Ensure Economic Stability for All Residents, Businesses and Entrepreneurs by Committing to the Elimination of Economic Racial Disparities and providing for a Mutually Prosperous Community. He stated he would like to request this item be removed from the Agenda and added to a future Work Session Agenda for further discussion and clarification. After further discussion, it was the majority consensus of the City Council to remove Consent Agenda Item 6f, Resolution Committing the City of Brooklyn Center to Collaboratively Ensure Economic Stability for All Residents, Businesses and Entrepreneurs by Committing to the Elimination of Economic Racial Disparities and providing for a Mutually Prosperous Community, from the August 22, 2016, City Council Agenda and request staff add this item to a future Work Session agenda. MISCELLANEOUS DISCUSSION OF MINNESOTA HOUSE OF REPRESENTATIVES DEBRA HILSTROM'S LETTER REGARDING THREE RIVERS PARK DISTRICT Discussion ensued regarding a letter received by Representative Hilstrom which included a request for an accounting of the money residents paid in property taxes versus the money spent by Three Rivers Park District in Brooklyn Center, as well as possibly introducing legislation that would allow the City to opt out of Three Rivers Park District, if necessary. Council discussed that the City and Three Rivers Park District are currently engaged in a number of mutually 08/22/16 4- DRAFT beneficial projects including the trail along 57th Avenue North from T.H. 100 to the Mississippi River, the trail along T.H. 100 by Lake Pointe Apartments, and additional park equipment for four or five locations. Mr. Boganey stated he has contacted Three Rivers Park District to obtain the requested data. It was the consensus of the City Council to retrieve the data from Three Rivers Park District, review it, and then decide how to proceed. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS FIRE DEPARTMENT RESTRUCTURE- CITY MANAGER Mr. Boganey introduced this item and invited Fire Chief Hulke forward to discuss this item further. Chief Hulke gave information on this item and provided a presentation on the current Service Model Schedule and the recommendations to change the model. He stated they are focusing on staffing the busiest times for calls, which occurs from 10 a.m. to 10 p.m. He reviewed the pay scale for non-dual role fire department employees and dual-role fire fighters. He stated the updates they would like to make to the pay scales are per the Fair Labor Standards Act (FLSA). Mayor Willson stated his only concern with this change would be if it caused a decline in the take home pay for a dual-role employee. He stated it could cause a decline in interest from City employees to work for the fire department in a dual-role. Chief Hulke provided clarification and stated if someone is a City employee and they work for the fire department outside their normal job hours they would then get the fire premium pay rate which is time and one-half pay. He stated as an example, if a City employee took a fire call during their normal work hours they would only get their normal pay. Chief Hulke reviewed the numbers and given the hourly wage of the average City employee, it would be an unlikely scenario in which any employee would take home less than their regular pay if they are in a dual- role. Councilmember Graves stated her concern is that fire fighters in non-dual roles will feel underappreciated not making as much as a dual-role City employee while doing the same job. Chief Hulke stated they are aware of this concern; however, this being an issue regulated by the FLSA, the fire department has little control over it and can only move forward with the best scenario as a whole for the department and City. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Graves seconded to close the Study Session at 6:50 p.m. Motion passed unanimously. 08/22/16 -2- DRAFT RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to reconvene the Study Session at 6:53 p.m. Motion passed unanimously. FIRE DEPARTMENT RESTRUCTURE - CITY MANAGER (continued) Mayor Willson stated he believes they should move forward with this item to benefit the fire department and the City. It was the majority consensus of the City Council to move forward with this item as recommended by Fire Chief Hulke. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. 08/22/16 -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 AUGUST 22, 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 6:50 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, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, Fire Chief Jeremy Hulke, 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 Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2.INVOCATION Mayor Willson requested a moment of silence and personal reflection for all the fire fighters, police officers, and military members who risk their lives 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 08/22/16 -1- DRAFT to the City Manager Reggie Edwards, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, Fire Chief Jeremy Hulke, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, to remove Item 6f, Resolution Committing the City of Brooklyn Center to Collaboratively Ensure Economic Stability for All Residents, Businesses and Entrepreneurs by Committing to the Elimination of Economic Racial Disparities and providing for a Mutually Prosperous Community and to add Item lob, Ratification of Mayoral Appointment of Member to Serve on the Northwest Hennepin Human Services Council Advisory Commission. The following consent items were approved: 6a. APPROVAL OF MINUTES 1.August 8, 2016 -Study Session 2.August 8, 2016 -Regular Session 3.August 8, 2016 -Work Session 4.August 12, 2016 —Special Session 5.August 15, 2016—Joint Work Session with Financial Commission 6.August 16, 2016 - Joint Work Session with Financial Commission 6b. LICENSES GARBAGE HAULER Sanimax USA LLC Waste Management 505 Hardman Ave 5, South St. Paul, MN 55075 10050 Naples Street NE, Blaine, MN 55434 MECHANICAL Aerotek Heating & Air Conditioning Anderson's Residential Heating & A/C Erickson Plumbing Heating Cooling Ridler Heating & Cooling, Inc. RENTAL INITIAL (TYPE II - two-year license) 3218 64 th Avenue North 34345 Quinton Ave Center City, MN 55012 1628 County Rd 10 #34 Spring Lake Park, MN 55432 147192 nd Lane NE Blaine, MN 55449 3110 Washington Ave N, Minneapolis, MN 55411 Nicholas Standal 08/22/16 -2- DRAFT RENEWAL (TYPE III— one-year license) 1325 68th Lane North 4416 69th Avenue North RENEWAL (TYPE H— two-year license) 1323 67th Lane North 134267 th Lane North 6706 Drew Avenue North 6800 Dupont Avenue North 5444 Humboldt Avenue North 5739 James Avenue North Konrad Wagner Eugene & Diane Wright Ali Sajjad/786 Homes LLC Christian Mayer Yang Yang (Paul) Zheng Yi LinlKhai Hong Lim Properties Melanie Boes Douglas Allen Wahl RENEWAL (TYPE I— three-year license) 6915-6925 Humboldt Avenue North Brookdale Towers Hillaway Investments, LLC 5519-23 Lyndale Avenue North Dragon Properties Management 5541 Morgan Avenue North 5541 Morgan Ave LLC 6c.RESOLUTION NO. 2016-130 APPROVING ADDITIONAL ELECTION JUDGES 6d.RESOLUTION NO. 2016-131 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6e. RESOLUTION NO. 2016-132 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2016-133 EXPRESSING RECOGNITION AND APPRECIATION OF JAMES SCHULZ FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of James Schulz for his dedicated public service on the financial commission. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to 08/22/16 -3- DRAFT adopt RESOLUTION NO. 2016-133 Expressing Recognition and Appreciation of James Schulz for his Dedicated Public Service on the Financial Commission. Motion passed unanimously. 8.PUBLIC HEARINGS None at this time. 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 1 Oal through 1 0a4. lOal. 5834 CAMDEN AVENUE NORTH 10a2. RESOLUTION NO. 2016-134 APPROVING A TYPE IV RENTAL LICENSE FOR 5333 DUPONT AVENUE NORTH 100. RESOLUTION NO. 2016-135 APPROVING A TYPE IV RENTAL LICENSE FOR 2407 ERICON DRIVE 10a4. RESOLUTION NO. 2016-136 APPROVING A TYPE IV RENTAL LICENSE FOR 7033 UNITY AVENUE NORTH Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 5834 Camden Avenue North; adopt RESOLUTION NO. 2016-134 Approving a Type IV Rental License for 5333 Dupont Avenue North; adopt RESOLUTION NO. 2016-135 Approving a Type IV Rental License for 2407 Ericon Avenue North; and, adopt RESOLUTION NO. 2016-136 Approving a Type IV Rental License for 7033 Unity 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. lOb. RATIFICATION OF MAYORAL APPOINTMENT OF MEMBER TO SERVE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY 08/22/16 -4- DRAFT COMMISSION Mayor Willson presented his recommendation for the appointment of Anna Burke, 7012 Morgan Avenue N., to serve on the Northwest Hennepin Human Services Council Advisory Commission with a term to expire on December 31, 2016. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to ratify the appointment of Anna Burke to the Northwest Hennepin Human Services Council Advisory Commission with a term to expire on December 31, 2016. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • August 8, 2016: Attended Metro Cities Transportation Commission Meeting • August 12, 2016: Attended Twin Cities Housing Commission Meeting • August 12, 2016: Evening, Reviewed Primary Election Results at the City Hall • August 15/16, 2016: Attended Joint Session with Financial Commission Meeting • August 17, 2016: Attended Meeting with Congressman Ellison • August 18, 2016: Attended Brooklyn Bridge Alliance for Youth Meeting Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: August 12, 2016: Reviewed Primary Election Results at the City Hall Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • August 12, 2016: Evening, Reviewed Primary Election Results at the City Hall • August 15/16, 2016: Attended Joint Session with Financial Commission Meeting Councilmember Graves reported on his attendance at the following and provided information on the following upcoming events: • August 9, 2016: Voted Brooklyn Center Primary Elections • August 15/16, 2016: Attended Joint Session with Financial Commission Meeting • August 15, 2016: Attended the Youth Coordinators Barbeque at Target Field • August 17, 2016: Attended Meeting with Congressman Ellison • August 17, 2016: Attended the Urban League Meeting Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 12, 2016: Evening, Reviewed Primary Election Results at the City Hall • August 15/16, 2016: Attended Joint Session with Financial Commission Meeting • August 17, 2016: Attended Meeting with Congressman Ellison 08/22/16 -5- DRAFT August 17, 2016: Brooklyn Bridge Alliance for Youth Board Meeting 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:23 p.m. Motion passed unanimously. 08/22/16 -6- 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 JOINT WORK SESSION WITH FINANCIAL COMMISSION AUGUST 29, 2016 CITY HALL - COUNCIL CHAMBERS I.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 6:29 p.m. Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present: City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Police Chief Tim Gannon, Fire Chief Jeremy Hulke, Deputy Fire Chief Gary Hendrickson, and Deputy City Clerk Rozlyn Tousignant. Others present were Financial Commissioners Jeffrey Dobbs, Rex Newman, and Dean Van Der Werf. II.APPROVAL OF AGENDA Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the agenda. Motion passed unanimously. III. 2017 GENERAL FUND DEPARTMENT BUDGET REQUESTS City Manager Curt Boganey indicated each department would give a brief overview relating to the 2017 budget. a. FINANCE Finance Director Nate Reinhardt presented a PowerPoint on the Finance Department's Budget Request for 2017. Mayor Willson made note of the reduction in the amount spent on postage. Commissioner Newman mentioned the Minnesota Supreme Court decision on Franchise Fees. Commissioner Newman asked about the levy limits legislation. Mr. Boganey explained there hasn't been any levy limit legislation. A discussion took place over whether an article mentioned was referring to Special Assessments or Franchise Fees. 08/29/16 -1- DRAFT b. BUSINESS & DEVELOPMENT Director of Business and Development Gary Eitel provided a PowerPoint presentation of the Business and Development Department's Budget Request for 2017. C. POLICE Police Chief Tim Gannon provided a PowerPoint presentation outlining the Police Department's 2017 Budget Request. The issue of panhandling came up and a brief discussion was held on how to address the issue and the needs of individuals involved in panhandling. Councilmember Lawrence-Anderson asked in regards to lawn chairs attached to sign posts on City medians by panhandlers and whether or not that was okay. Police Chief Gannon briefly touched on the rights panhandlers have. Mr. Boganey addressed the issue of consistency of enforcing prohibited behaviors. Commissioner Newman asked whether the City had a grant regarding auto theft. Police Chief Gannon affirmed that the City has a good track record of getting the grant renewed and that the City has seen auto theft improvements. Councilmember Graves inquired about the number of Staff in each Division. Police Chief Gannon stated that the Patrol Division had the largest portion of Officers. Councilmember Graves also queried if there would be an option for a walk-in crisis center. Mayor Willson stated that there used to be non-profits that offered those services. Councilmember Ryan asked if adding a Sergeant would result in offsetting costs for Senior Officer pay. Police Chief Gannon affirmed that there should be. Councilmember Ryan inquired if the size of Brooklyn Center's Police Department was comparable to cities of a similar size in the area. Police Chief Gannon stated that the City of Brooklyn Center likely exceeds the average, but that the staffing levels are driven by call-volume. d. FIRE & EMERGENCY MANAGEMENT Fire Chief Jeremy Hulke provided a PowerPoint presentation outlining the Fire Department's 2017 Budget Request. Mayor Willson sought clarification on the demand for educational program presentations. Councilmember Lawrence-Anderson inquired about the CO 2 and smoke detectors and who is provided the devices. Deputy Fire Chief Gary Hendrickson replied that the City has partnered with the Red Cross to provide the devices to seniors. Commissioner Van Der Werf asked whether the devices are new or replacements. Fire Chief Hulke explained how the program works. Commissioner Newman asked about the accuracy of CO 2 detectors. Fire Chief Hulke replied that the technology has gotten better and they are accurate. 08/29/16 -2- DRAFT Councilmember Graves had a question regarding the overtime pay for City employees serving as Fire Fighters. Fire Chief Hulke responded and a discussion followed. Commissioner Dobbs inquired about whether retroactive payments would be required and a discussion followed. A conversation was held about Fire Department recruitment efforts and gains. IV. FOLLOW-UP INFORMATION ON PREVIOUS BUDGET DISCUSSIONS Mr. Boganey addressed questions raised at the previous Joint Work Session regarding the following topics. a.TOWNHOUSE COMPARISON TO SINGLE FAMILY HOMES Mr. Boganey showed two charts, the first depicting housing market data showing that the median sales price of housing in Brooklyn Center in comparison to the Twin Cities Region has followed the same trend line, and the second which showed that the median sales price for Brooklyn Center town homes and condos was significantly below single family homes. b.RENTAL LICENSE BY TYPE Mr. Boganey showed the breakdown of the various types of active rental licenses as follows: Type I - 38%; Type II 44%; Type III - 14%; Type IV - 4% V. FUTURE BUDGET DISCUSSIONS/ADDITIONAL PROPOSED BUDGET WORK SESSION a.SEPTEMBER 12, 2016 (REGULAR CITY COUNCIL MEETING) - CITY COUNCIL ADOPTS HRA PRELIMINARY LEVY b.SEPTEMBER 13, 2016 - CITY MANAGER RECOMMENDED PRELIMINARY LEVY AND BUDGET (NEW PROPOSED BUDGET WORK SESSION DATE) C. SEPTEMBER 26, 2016 - CITY COUNCIL ADOPTS PRELIMINARY BUDGET AND LEVY VI. ADJOURNMENT Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adjourn the Work Session at 8:54 p.m. Motion passed unanimously. 08/29/16 -3- DRAFT City C©iuuni©ll Agenda Item N©0 6b COUNCI[L ]ITEM MEMORANDUM DATE: September 6, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on September 12, 2016. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Murray's Plumbing, LLC Comfort Matters Heating & Cooling Galaxy Mechanical, Inc SHC Mechanical, Inc Treated Air Company Superior Heating, A/C Sign Hangers License Cross Country Sign & Neon, Inc TruSigns RENTAL See attached report. 19523 Jackson St NE, Cedar 11238 River Rd NE, Hanover 4920 173rd Ave NE, Ham Lake 4728 Bedford Rd, Mound 9954 166 Ct SE, Becker 3731 Thurston Ave Suite 108, Anoka 14800 170th Ave Foreston- 14505 21st Ave N, Ste 221, Plymouth ]'Jissioi,: Eiisiiiiizg an attractive, clean, safe, inclusive coininhinit3' that enhances the quality of life for al/people aiuipieserves the public trust O1IJ[iJ I I I Dh'4 B I DIhYA (I] eiwi asi i Rental License Category Criteria Policy - Adopted by City Council 0308-10 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 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 12 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year No Category Impact Decrease 1 Category Decrease 2 Categories but not more than 3 but not more than 1 but not more than 0.50 Budget Issues: There are no budget issues to consider. 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Background: The Loppet Foundation has submitted an application and permit for temporary on-sale liquor license for an event to be held at Surly Brewing Company, 4811 Dusharme Drive, on October 15, 2016. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a non-profit organization for at least three years. The applicant will meet with the Police Department to review and discuss parking, safety, and security issues. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust OF P ,O/ Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER -1-tE 4 2v(-)I S O STREET ADRSS CITY STATE ZIP CODE NAME OF PERSON MAKING APPLI ATION i BUSINSS PHONE HOME PHONEJok DATES LIQUOR WILL A SOLD TYPE OF ORG1ZATION CLUB CH9BLE RELIGIOUS OTHER NONPROFIT ORGANIZATION OFFICERS NAME ADDRESS 155:12 ^' V^^ k"'tftwv-B '( y ^ ^ORGANIZATtON OFF1tER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ______________ ADDRESS 4, . Lodon license w 1 be used. If an o door area, describe L('T12-A3(1i( A)t( k -e A (-HL bdkba øjvtcL 4Lcvj OiA I% kub\^^d a suc& e2 (K-a yyus Will the applicant contract for intoxicating liquors rvice? If so. ve the name and a dress of the Iiquorlicensee roviding the service. kv4( VWJ 0 Lk,T(A O Will the applicant carry liquor liability insurance? Ifso, please provide the carrier's name and amount otcoyerage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTiNG TO ALCOHOL & GAMBLING ENFORCEMENT CI COUNTY OO\ fl DATE APPROVED__________________ CITY FEE AMOUNT -LICENSE DATES DIA E FEE PAI Lo .'k,YAW YMA;;^^ SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event I'S 09079 (12109) ljl^ rm City Cminidli Agenda Item No. 6d I[I1IJ[iJ I fl V Dk'A Uh'A I Dk'A (I) 'WI IISJhYA I DATE: September 6, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Mike Albers, Project Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2016-06, Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) Street Improvements Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to C.S. McCrossan Construction, Inc. for Improvement Project No. 2016-06, Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) Street Improvements. Background: Bids for the Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) Street Improvements, Project No. 2016-06 were received and opened on September 2, 2016. The project bid included the base bid for a fall 2016 completion and an alternative bid for a summer 2017 completion. The reason for the alternate bid was due to the concern of the late season bidding and being able to obtain enough reasonable bids. Seven bids were received and results are tabulated below: BIDDER TOTAL BASE BID C.S. McCrossan Construction, Inc. $472,151.75 Valley Paving, Inc. $476,109.35 Northwest Asphalt, Inc. $476,261.20 Midwest Asphalt Corporation $504,255.00 Park Construction Company $513,857.65 Hardrives, Inc. $523,404.64 Bituminous Roadways, Inc. $595,154.00 TOTAL ALTERNATE BID $452,151.75 $485,387.35 $436,261.20 $512,255.00 $524,157.65 $473,404.64 $614,587.00 Of the seven (7) bids, the lowest base bid for a fall 2016 completion was of $472,151.75 from C.S. McCrossan Construction, Inc., and the lowest alternate bid for a summer 2017 completion was from Northwest Asphalt, Inc. amounting to $436,261.20, with a $40,000 deduct. Based on the prescribed bidding guidelines, the City may accept and award the contract based on any combination of the base bid and/or alternate bid, which best serves the interest of the City. The following additional factors have been evaluated in recommending the lowest responsible bid: City staff workload - A fall project can be inspected and managed by City staff. However, due to the heavy and significant 2017 construction season workload, City staff would need additional support from a consultant to inspect and manage this project if it were to take place in 2017. This outside support is estimated for duration of two to three Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tills! [II1IJ[* I N k'4 UYA I akA [I) 1I 1IIh'A I months amounting to approximately $30,000 to $55,000. Under this scenario, the total project cost would increase by an almost equal amount (or more) as compared to the alternate bid savings of $35,890.55. o Assessment - A portion of the costs for this project was levied on the Hennepin County Tax Rolls with assessment payments payable as ad valorem taxes starting January 2017 to the adjacent properties. If the project were awarded based on the alternate bid, construction would not start until spring 2017. Under this scenario, property owners would start paying for improvements upfront prior to receiving the benefit from these improvements. The City Attorney has indicated that the City could proceed in this manner with little liability. It should also be noted that the cost savings from the alternate bid would not reduce the assessment amounts because the assessment rolls have been finalized at this point based on estimated project amounts. The reduction in funding would reduce the State Aid funding portion of the project (just as would a cost increase if there were one). In consideration of these points, it is staff's recommendation to proceed with an award of the project based on the total base bid that was submitted by C.S. McCrossan Construction, Inc., of Maple Grove, Minnesota, for a fall 2016 construction. This contractor has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $472,151.75 is within the 2016 budgeted amount. The total estimated budget including contingencies, administration, engineering and legal was $760,000 and is amended to $685,451.75 (see attached Resolution - Costs and Revenues tables). The overall project cost reflects a 9.8 percent decrease to the originally budgeted amount. Strategic Priorities: . Key Infrastructure Investments Alission: Ensuring an attractive, clean, safe, inclusive connnunitv that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2016-06, bids were received, opened and tabulated by the City Clerk and Engineer on the 2nd day of September, 2016. Said bids were as follows: Bidder C.S. McCrossan Construction, Inc. Valley Paving, Inc. Northwest Asphalt, Inc. Midwest Asphalt Corporation Park Construction Company Hardrives, Inc. Bituminous Roadways, Inc. Total Base Bid $472,151.75 $476,109.35 $476,261.20 $504,255.00 $513,857.65 $523,404.64 $595,154.00 Total Alternate Bid $452,151.75 $485,387.35 $436,261.20 $512,255.00 $524,157.65 $473,404.64 $614,587.00 WHEREAS, it appears that C.S. McCrossan Construction, Inc., of Maple Grove, Minnesota is the lowest responsible bidder, based on the total base bid amounts; and WHEREAS, the City Engineer recommends that the contract be awarded based on the base bid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that The Mayor and City Manager are hereby authorized and directed to enter into a contract with C.S, McCrossan Construction, Inc., of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2016-06, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. RESOLUTION NO. 2. The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Contract $537,000.00 $472,151.75 Lighting $ 37,800.00 $ 37,800.00 Contingency $ 86,100.00 $ 76,400.00 Subtotal Construction Cost $660,900.00 $586,351.75 Admin/Legal!Engr.$ 99,100.00 $ 99,100.00 Total Estimated Project Cost $760,000.00 $685,451.75 Amended REVENUES Estimated per Low Bid Street Assessment $300,139.60 $300,139.60 Sanitary Sewer Utility $10,000.00 $ 9,475.00 Water Utility Fund $ 10,000.00 $ 9,890.00 Storm Drainage Utility Fund $ 50,000.00 $ 28,075.00 Street Light Utility $ 50,000.00 $ 50,000.00 Municipal State Aid (MSA)$339,860.40 $287,557.15 Miscellaneous $ -0-$ 315.00 Total Estimated Revenue $760,000.00 $685,451.75 September 12, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item N©0 6e iEI1IJESJ I fl U N MhhA U I (0) 1I I1PJ'A I DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Ordinance Amending Chapter 35 - Zoning of the City Code of Ordinances Regarding the Regulation of Floodplain Management within the City of Brooklyn Center, Minnesota Recommendation: It is recommended the City Council consider and approve the First Reading of the attached draft Ordinance regarding the regulation of Floodplain Management within the City of Brooklyn Center, and schedule the Second Reading and Public Hearing for the October 10, 2016 meeting. Background: On May 4, 2016, the City of Brooklyn Center received a letter from the Federal Emergency Management Agency (FEMA) regarding updated floodplain regulations for the community. This letter, known as the Letter of Final Determination (LFD), explains that the Flood Insurance Rate Maps (FIRM's) of our community, as well as the Hennepin County Flood Insurance Study, are now complete and will become effective on November 4, 2016. As a condition of continued eligibility in the National Flood Insurance Program (NFIP), FEMA requires all communities enrolled in the program to either adopt or show evidence of adoption of updated floodplain management regulations that meet the standards of Paragraph 60.3(d) of NFIP regulations (44 CFR 59, etc.) by the November 4th effective date. FEMA has advised that, "without exception.. ". a community will be suspended from the National Flood Insurance Program if the required floodplain ordinance documents are not received in its Chicago Regional Office by the study/map by this effective date deadline. A suspended community may be reinstated if the community: 1) submits the required floodplain ordinance language; and 2) documents that no improper floodplain development has occurred since the study /map effective date or that any improper floodplain development has been properly mitigated. During the suspension period, no flood insurance policies can be written or renewed in the community. This would have a serious impact on people exposed to flood damage or those who are trying to purchase homes in the designated 100-year floodplain, where flood insurance is a requirement of a loan or added homeowners' insurance coverage. At this time, the City has received hard-copies of the updated Flood Insurance Rate Maps (FIRM) of the community, along with the Flood Insurance Study (FIS) manuals, which include "Flood Profile" section maps as an added reference and related attachment. The city has also Mission: Ensuring an attractive, clean, safe, inclusive coinnuinit' that enhances the quality of life for al/people and preserves the public trust EI]Jk[iJ I N *'A U'A I M'A (I) &I flIJ'A I been provided a CD-ROM of all new digitized floodplain mapping for the community, and shapefiles for our own GIS mapping systems. At the September 1, 2016 Planning Commission Special Meeting, the Commission was presented with the proposed draft ordinance language, and conducted a public hearing regarding these updated floodplain standards, mapping, and proposed city code text changes. No persons from the community were present at the hearing, and no comments were received before or during the hearing process regarding this item. Upon close of the hearing and final discussions, the Commission accepted the proposed language amendments as presented, and have provided City Council with a unanimous recommendation to approve the proposed language contained in the attached ordinance. The minutes from this September 1 " Planning Commission special meeting are attached. The City Attorney has also reviewed this Ordinance, and approved its initial form, context and language. Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image )3'Iiss!oiz: Ensuring an attractive, clean, safe, inclusive community that enhances the qiialitj' of life for all people and preserves the public trust MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SEPTEMBER 1, 2016 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:02 p.m. 2.ROLL CALL Chair Randy Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, Susan Tade, and Carlos Morgan (arrived at 7:15 p.m.) were present. Also present were Secretary to the Planning Commission Tim Benetti and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA —SEPTEMBER 1, 2016 SPECIAL MEETING There was a motion by Commissioner Tade, seconded by Commissioner MacMillan, to approve Planning Commission Meeting Agenda. The motion passed unanimously. 4.APPROVAL OF MINUTES - AUGUST 25, 2016 There was a motion by Commissioner Sweeney, seconded by Commissioner Koenig, to approve the minutes of the August 25, 2016 meeting as submitted. The motion passed unanimously. 5.CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6.PLANNING ITEMS 6a) CITY OF BROOKLYN CENTER, MN Chair Christensen introduced this item, the consideration of the Draft Ordinance Amending Chapter 35 of the City Ordinances regarding floodplain management for the City of Brooklyn Center. Mr. Benetti provided a presentation with background on this item. Mr. Benetti stated this is a housekeeping item that requires some updating to the language and zoning within the Ordinance per FEMA's regulations. PC Minutes 09-01-16 -1- DRAFT Mr. Benetti stated by November 4, 2016, the City is required to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of the National Flood Insurance Program (NFIP) regulations (44 CRF 59, etc.) to remain eligible for the National Flood Insurance Program. Mr. Benetti provided updated zoning maps for the Commissioners review. He stated the FEMA Flood Map Service Center website provides a very convenient search tool to see if a particular property resides in a floodplain zone or not. He noted in the past they would need to review a physical map with the floodplain zones marked to determine if a property was within a floodplain which allowed for a higher margin for error when making that determination, the website has taken the guessing work out of it. Chair Christensen stated he wanted to open the public forum next and would ask questions upon hearing their statements and input OPEN TO PUBLIC COMMENTS There was a motion by Commissioner Schonning, seconded by Commissioner Macmillan, to open the public hearing on the Consideration of the Draft Ordinance Amending Chapter 35 of the City Ordinances Regarding Floodplain Management for the City of Brooklyn Center, at 7:13 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. There were no individuals in attendance; and no comments received at that time. MOTION TO CLOSE PUBLIC COMMENTS (HEARING There was a motion by Commissioner Sweeney, seconded by Commissioner MacMillan, to close the public hearing. The motion passed unanimously. Commissioner Tade asked if the other sections of the Code will be updated to continue the sequence once the new sections are added to the Code. Mr. Benetti replied yes, they will be reviewed and updated by staff to ensure the sequence is correct and there are no errors or overlapping numbers. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to Draft Ordinance Amending Chapter 35 of the City Ordinances Regarding Floodplain Management for the City of Brooklyn Center. The Commissioners interposed no objections to approval of this action. ACTION TO RECOMMEND APPROVAL OF THE DRAFT ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING FLOODPLAIN MANAGEMENT FOR THE CITY OF BROOKLYN CENTER. PC Minutes 09-01-16 -2- DRAFT There was a motion by Commissioner Koenig, seconded by Commissioner Morgan, to recommend approval of the proposed [Draft] Ordinance Amending Chapter 35 of the City Ordinances Regarding Floodplain Management for the City of Brooklyn Center to the City Council. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Sweeney and Morgan. And the following voted against the same: None The motion passed unanimously. The Council is set to consider this item and hold the First Reading at its September 12, 2016 meeting. 7. ADJOURNMENT There was a motion by Commissioner Sweeney, seconded by Commissioner Tade, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 7:40 p.m. Chair PC Minutes 09-01-16 -3- DRAFT Federal Emergency Management Agency Washington, D.C. 20472 copy CERTIFIED MAIL RETURN RECEIPT REQUESTED May 4, 2016 The Honorable Tim Willson Mayor, City of Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mayor Willson: IN REPLY REFER TO: 19P Community: City of Brooklyn Center, Hennepin County, Minnesota Community No.: 270151 Map Panels Affected: See FIRM Index This is to formally notify you of the final flood hazard determination for the City of Brooklyn Center, Hennepin County, Minnesota, in compliance with Title 44, Chapter I, Part 67, Section 67.11, Code of Federal Regulations (CFR). This section requires that notice of final flood hazards shall be sent to the Chief Executive Officer of the community, all individual appellants, and the State Coordinating Agency, and shall be published in the Federal Register. On September 2, 2004, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that identified the Special Flood Hazard Areas (SFHAs), the areas subject to inundation by the base (1-percent-annual-chance) flood, in your community. Recently, FEMA completed a re-evaluation of flood hazards in your community. On December 31, 2005, and February 28, 2013, FEMA provided you with Preliminary copies of the FIRM and Flood Insurance Study (FIS) report that identify existing flood hazards in your community, including Base Flood Elevations (BFEs). The proposed flood hazard determinations (FHDs) for your community were published in the Star Tribune on March 29, 2013, and April 5, 2013, and in the Federal Register, at Part 67, Volume 78, Page 8180, on February 5, 2013. The statutory 90-day appeal period, which was initiated on the second newspaper publication date cited above, has ended. FEMA did not receive any appeals of the proposed FHIDs during that time. Accordingly, the FHDs for your community are considered final. The final notice for FHDs will be published in the Federal Register as soon as possible. The FIRM for your community will become effective on November 4, 2016. Before the effective date, FEMA will send you final printed copies of the FIRM and FIS report. Because the FIS report establishing the FHDs for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to November 4, 2016, your community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of the enclosed NF1P regulations (44 CFR 59, etc.) by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. 2 It must be emphasized that all the standards specified in Paragraph 60.3(d) of the NFIP regulations must be enacted in a legally enforceable document This includes adoption of the current effective FIRM and FIS report to which the regulations apply and other modifications made by this map revision. Some of the standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions: 1.Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(d); 2.Adopting all the standards of Paragraph 60.3(d) into one new, comprehensive set of regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(d). Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended. In addition to your community using the FIRM and FIS report to manage development in the floodplain, FEMA will use the FIRM and FIS report to establish appropriate flood insurance rates. On the effective date of the revised FIRM, actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified SFHAs. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. The actuarial flood insurance rates increase as the lowest elevations (including basement) of new structures decrease in relation to the BFEs established for your community. This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment (LOMAs), Letters of Map Revision (LOMIRs)) that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in the following four categories: (1) LOMCs for which results have been included on the revised FIRM panels; (2) LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the SFHA as shown on the FIRM; (3) LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based are being superseded by new flood hazard information; and (4) LOMCs issued for multiple lots or structures where the determination for one or. more of the lots or structures cannot be revalidated through an administrative process like the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC; the letter will be sent to your community shortly before the effective date of the revised FIRM and will become effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. The FIRM and FIS report for your community have been prepared in our countywide format, which means that flood hazard information for all jurisdictions within Hennepin County has been combined, into one FIRM and FIS report. When the FIRM and FIS report are printed and distributed, your community will receive only those panels that present flood hazard information for your community. We will provide complete sets of the FIRM panels to èounty officials, where they will be available for review by your community. 3 The FIRM panels have been computer-generated. Once the FIRM and FIS report are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our FEMA Map Information eXchange (FMIIIX), toll free, at 1-877-FEMA-MAP (1-877-336-2627). In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. If your community is encountering difficulties in enacting the necessary floodplain management measures required to continue participation in the NFIP, we urge you to call the Director, Federal Insurance and Mitigation Division of FEMA in Chicago, Illinois, at (312) 408-5500 for assistance. If you have any questions concerning mapping issues in general or the enclosed Summary of Map Actions, please call FMJX at the telephone number shown above. Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to Questions About the NFIP, Frequently Asked Questions Regarding the Effect that Revised Flood Hazards have on Existing Structures, Use ofFlood Insurance Study (FIS) Data as Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on Our website at http://www.floodmaps.fema.gov/lfd . Paper copies of these documents may also be obtained by calling FMJIX. Sincerely, Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Enclosure: Final Summary of Map Actions cc: Community Map Repository Sharon Knutson, City Clerk, City of Brooklyn Center f hI UItOh II iftJI ft Jj: i i h 01 jP1 1URN d 1 tH1 hWOII 1 i piliumH dij I InIoilIdildiiioil '1 : 1:I ;$ a I I hb.. i iid I iu ill g F IM o 51 aifl ;:;; F !. !.Pllfl i'PI 1IU I! Ihi ii IH. III i 1}1 !i1.p pang to! 110 Ulin URI"11 Hull luaqp Mi UH a hi A SH Nil!j u ill Rio! HUI I 'a e 1g a5 a 1Uup!5 1 1 IS a a I I a a a !t HhIiH 1II 1! ifi W. iI III H HUN 1p.; liiiNOa a a i a 8 8 OR SO I IN VO I1 &5 aSaSas W HE asaab 01HUN 10 855 5558 888 gill UII lildi lb . 3 L fi aI (dUH- •!1 1 IlIllIlh llhuhh Ihlliu ii llI III !Ii I Illliu'00-NOD a 1111 F-I' fi jiuI1i llII11ut1 1jiLi:; Ii P. r t H U - tPI IP 1I sig. Og8. MM ! 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I I I a 2 2 2 a 28 1 1 21 a IIMJ-H!8 -i I - 53 a 53 53 a a I U as a I I I 28 2 1 q5 lill i, 1V 53 I 8 1,T a Pa., a aHNI 1 'I 85 - 2 ;Uiih S-11 11 11 1 hi ilil I53II III fl 53d1 iii CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 10th day of October 2016 at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Floodplain Management within the community of Brooklyn Center, Minnesota. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35— ZONING OF THE CITY CODE OF ORDINANCES REGARDING THE REGULATION OF FLOODPLAIN MANAGEMENT WITHIN THE CITY OF BROOKLYN CENTER, MINNESOTA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Sections 35-2100 through 35-2181, along with Sections 35-2190 through 35-2220 are amended by deleting them in their entirety and replacing them with the following: Section 35-2100. FLOODPLAIN MANAGEMENT Subsection 1. Statutory Authorization. Findings of Fact and Purpose. Statutory Authorization a. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Brooklyn Center. Minnesota does ordain as follows. 2. Purpose a. This ordinance regulates development in the flood hazard areas of the City of Brooklyn Center (hereinafter referred to in some cases as the "City"). These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. ORDINANCE NO. h National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended. so as to maintain the community's eligibility in the National Flood Insurance Program. This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. Subsection 2. General Provisions. 1.How to Use This Ordinanc e a. This ordinance adopts the floodplain maps applicable to the City of Brooklyn Center and includes three floodplain districts: Floodway. Flood Fringe, and General Floodplain. b Where Floodway and Flood Fringe districts are delineated on the floodplain m ap s the standards in Subsections 4 and 5 will apply, depending on the location of C. propy Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Subsection 4 apply unless the floodway boundary is determined, accordina to process outlined in Subsection 6. Once the floodway boundary is determined, the Flood Fringe District standards in Subsection 5 may apply outside the floodway . 2.Lands to Which Ordinance Applies a. This ordinance applies to all lands within the jurisdiction of the City of Brooklyn Center shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway. Flood Fringe, or General Floodplain Districts. h. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will appiy . 3. Incorporation of Maps by Reference a. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. ORDINANCE NO. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota. and Incorporated Areas, dated November 4 _,_2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the offices of the Zoning Official and the City Clerk. b. Effective Flood Insurance Rate Map panels numbers as follows: 27053CO203F 27053 CO204F 27053CO208F 27053CO209F 27053CO212F 27053CO21 6F 4.Regulatory Flood Protection Elevation a. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from desianation of a floodway, 5.Interpretation a.The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Mag. b.Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Official must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. C. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. 6.Abrogation and Greater Restrictions a. It is not intended by this ordinance to repeal, abroaate, or impair any existin easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency opy 7.Warning and Disclaimer of Liability C. This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. ORDINANCE NO. This ordinance does not create liability on the part of the City of Brooklyn Center or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 8.Severability th If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 9.Definitions: a. Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. Accessory Use or Structure - a use or structure on the same lot with. and of a nature customarily incidental and subordinate to, the principal use or structure. Base Flood Elevation - The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance suryy Basement - any area of a structure, including crawl spaces, having its floor or base subgrade (below around level) on all four sides, regardless of the depth of excavation below ground level. Critical Facilities - facilities necessary to a community's public health and safety. those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage faciliti, and waste handling and storage facilities. Development - any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging. filling, gradina, paving, excavation or drilling operations, or storage of equipment or materials. cpgl Degree of Encroachment - a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Farm Fence - A fence as defined by Minn. Statutes Section 344.02. Subd. 1(a)- (d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such ORDINANCE NO. as chain link fences and rigid walls, are regulated as structures under this ordinance. Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe - the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. Flood Insurance Rate Map - an official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRIVI). Flood Prone Area - any land susceptible to being inundated by water from any. source (see "Flood"). Floodplain - the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodproofina - a combination of structural provisions, chanaes, or adjustments to properties and structures subject to floodina, primarily for the reduction or elimination of flood damages. Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to can or store the regional flood discharge. Lowest Floor - the lowest floor of the lowest enclosed area (includina basement). An unfinished or flood resistant enclosure, used solely for narking of vehicles, building access, or stora ge in an area other than a basement area, is not considered a building's lowest floor: provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3. Manufactured Home - a structure, transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." ORDINANCE NO. New Construction - Structures, including additions and improvements, and p lace ment of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment p ro j e ction. excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in. along, across, or projectmnn into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching p collecting debris carried by such water. One Hundred Year Floodplain - lands inundated by the "Regional Flood" (see definition below ). Principal Use or Structure - all uses or structures that are not accessory use s or structures. Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge cross ing s would most typically constitute a reach. Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or less when measured at the lar gest horizontal Drojection, is designed to be self- pro pelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwellina but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinan ce, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." Re g ional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an avera g e frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with theterm "base flood" used in a flood insurance study. Re gulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation o floodway. Repetitive Loss - Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. ORDINANCE NO. Special Flood Hazard Area - a term used for flood insurance purooses synonymous with "One Hundred Year Floodplain." Special Use - a specific type of structure or land use listed in the official control that may be allowed, subject to the procedures and standards contained in Subsection 10, Subpart 4 of this ordinance, but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist: and (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. Start of Construction - includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation: or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footins, piers, foundations or the erection of temporary forms: nor does it include the installation on the property of accessory buildings, such as rages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a buildina. whether or not that alteration affects the external dimensions of the building. Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildinas, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Subsection 9. Subpart 2.c. of this ordinance and other similar items. Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to it's before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damaae occurred. Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair, repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures that ORDINANCE NO. have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: Lu Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. üfl Any alteration of a "historic structure." provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance. "historic structure" is as defined in 44 Code of Federal Reaulations, Part 59.1. Zoning Official - The Zoning Official shall be the City Manager who may designate other employees or agents of the City to perform the duties of the zoning official. 10.Annexations a. The Flood Insurance Rate Map panels adopted by reference into Subsection _2 Subpart 3 above may include floodplain areas that lie outside of the corporate boundaries of the City of Brooklyn Center at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Brooklyn Center after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediiy upon the date of annexation. 11.Detachments a. The Flood Insurance Rate Map panels adopted by reference into Subsection 2, Subpart 3. above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of the City of Brooklyn Center after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment. Subsection 3. Establishment of Zoning Districts. 1. Districts Floodway District The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Subsection 2. [SJ1]I[SUfl[iJ Subpart 3. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as definedin Minnesota Statutes. Section 103G.005. subdivision 14. h Flood Fringe District The Flood Fringe District includes areas within Zones AB that have a floodway delineated on the Flood Insurance Rate Map adopted in Subsection 2. Subpart 3 but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the one percent (1%) annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005. subdivision 14. C. General Floodplain District The General Floodplain District includes those areas within Zone A as shown on the Flood Insurance Rate Map adopted in Subsection 2, Subpart 3. 2. Applicability a.Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or special uses in Subsections 4, 5 and 6 noted herein are prohibited. In addition, critical facilities, as defined in Subsection 2, Subpart 9.a. are prohibited in all floodplain districts. Subsection 4 Floodway District (F)Y). L Permitted Uses The following uses, subject to the standards set forth in Subsection 4, Subpart 2 below are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: General fanning. pasture, Qrazing, outdoor plant nurseries, horticulture, truck farmmnn, forestry, sod farming, and wild crop harvesting. b.Industrial-commercial loading areas, parking areas, and airport landing strip. ORDINANCE NO. C. Onen space uses. including but not limited to private and public golf courses - tennis courts, driving ranaes, archery ranges, picnic grounds, boat launching ramps, swimming areas, - parks, wildlife and nature yreserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. th Residential lawns, gardens, parking areas, and play areas. e. Railroads, streets, bridges, utility transmission lines -and-pipelines, provided that the Department of Natural Resources' Area Hydrolo g ist is notified at least ten days prior to issuance of any permit. 2. Standards for Floodway Permitted Uses The use must have a low flood damage potential. b.The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. c.Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (infe multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 2. Special Uses The following uses may be allowed as special uses following the standards and procedures set forth in Subsection 10, Subpart 4 of this ordinance and further subject to the standards set forth in Subsection 4, Subpart 4 below, if otherwise allowed in the underlying zoning district or any applicable overlay district. a. Structures accessory to the uses listed in Subsection 4. Subpart l.a., Lb and Lc above and the uses listed in in Subsection 4.0, Subpart 2.a. and 2.b below. hi Extraction and storage of sand, gravel, and other materials. c.Marinas, boat rentals, docks, piers, wharves, and water control structures. d.Storage yards for equipment, machinery, or materials. e. Placement of fill or construction of fences that obstruct flood flows. Farmfenc es as defined Subsection 2, Subpart 9.a are permitted uses. ORDINANCE NO. f. Travel-ready recreational vehicles meeting the exception standards in Subsection 9, Subpart 2.b. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. 4. Standards for Floodway Special Uses All Uses. A special use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. b. Fill: Storage of Materials and Equipment: fl The storage or processing of materials that are, in time of floodina, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. C. Accessory Structures. Accessory structures, as identified in Subsection 4. Subpart 3.a. above may be permitted, provided that: fl structures are not intended for human habitation: structures will have a low flood damage potential: structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters: Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed: Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP 1 or FP2 floodproofina classifications in the State ORDINANCE NO. Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hy drostatic flood forces on exterior walls. As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code. provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: ol To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for ever y square foot of enclosed area subject to flooding: and jj There must be openings on at least two sides of the structure and the bottom of all openings must be no high than one foot above the lowest adjacent grade to the structure. Using human intervention to oven a garage door prior to flooding will not sati s fy this requirement for automatic openipg d.Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes. Section 103G.245 e.Ajevee, dike or floodwall constructed in the floodway must not cause an increa se to the 1% chance or regional flood. The technical analysis must assume eq ual conveyance or storage loss on both sides of a stream. f. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Subsection 5. Flood Fringe District Permitted Uses a. Permitted uses are those uses of land or structures allowed in the underlyi ng zoning district(s) that comply with the standards in Subsection 5, Subpart 2 below. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it d oes not constitute a public nuisanee 2 Standards for Flood Fringe Permitted Uses: ORDINANCE NO. a.All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. b.Accessory Structures. As an alternative to the fill requirements of Subsection 5, Subpart 2.a. noted above, structures accessory to the uses identified in Subsection 5, Subpart 1 above may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: fl The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: jj adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls - Cl be constructed with materials resistant to flood damage; and LiIÜ must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: LU To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding, and LiU There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. C. The cumulative placement of fill or similar material on a parcel must not exceed 1.000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Subsection 5, Subpart 2.a of this ordinance, or if allowed as a special use under Subsection 5, Subpart 3.c below. ORDINANCE NO. d.The storage of any materials or equipment must be elevated on fill to the re gulatory flood protection elevation. e.All service utilities, including ductwork must be elevated or water-tight to prevent infiltration of floodwat ers.. f. The storage or processing of materials that are, in time of flooding, flamma ble explosive, or potentially injurious to human, animal, or plant life is prohibited. All fill must be properly compacted and the slopes must be properly protected the use of riprap, vegetative cover or other acceptable meth o d. ii. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City., i. Accessory uses such as yards, railroad tracks, and parking lots may be at an - elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocityjjp, feet per second would exceed a product of four upon occurrence of the regional (1% chance) flood. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. k. Manufactured homes and recreational vehicles must meet the standards of Subsection 9 of this ordinance. 3. Special Us es The following uses and activities may be allowed as special uses, if allowed in th e underlying zoning district(s) or any applicable overlay district, following the procedures in Subsection 10, Subpart 4 of this ordinan ce. a. Any structure that is not elevated on fill or floodproofed in accordance with Subsection 5, Subparts 2.a. and 2.b of this ordinance. b. Storage of any material or equipment below the regulatory flood protection elevation. ORDINANCE NO. C. The cumulative placement of more than 1.000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Subsection 5, Subparts 2.a. of this ordinance. d. The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Subsection 5, Subpart 41 below. 4. Standards for Flood Fringe Special Uses: a.The standards listed in Subsection 5, Subpart 2.d through 2.j above apply to all special uses. b.Basements, as defined by Subsection 2, Subpart 9.a of this ordinance, are subject to the following: fl Residential basement construction is not allowed below the reaulatory flood protection elevation: and Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with the below Subsection 5, Subpart 4.c of this ordinance. C. All areas of nonresidential structures, includina basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofinmust meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. d. The placement of more than 1.000 cubic yards of fill or other similar material on a parcel (other than for the puose of elevating -a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. fl The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. ORDINANCE NO. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. e.Stora g e of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. f.Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: F) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parkina of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: fl Design and Certification - The structure's design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from enterina or accumulating within these components during times of flooding. Specific Standards for Above-grade. Enclosed Areas - Above-grade, filly enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: Li The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they pen -nit the automatic entry and exit of flood waters without any fonn of human intervention; and LiÜ That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State ORDINANCE NO. Building Code and shall be used solely for building access, parking of vehicles or storaae. Subsection 6. General Floodplain District (GF). 1. Permitted Uses a.The uses listed in Subsection 4. Subpart 1. of this ordinance, Flood way District Permitted Uses, are permitted uses. b.All other uses are subject to the floodway/flood fringe evaluation criteria specified in Subsection 6, Subpart 2 below. Subsection 4 applies if the proposed use is determined to be in the Floodway District. Subsection 5. applies if the proposed use is determined to be in the Flood Fringe District. 2. Procedures for Floodway and Flood Fringe Determinations a.Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Official must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. b.If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrolo g ical and hydraulic engineering standards and the standards in Subsection 6, Subpart 2.c below. C. The determination of floodway and flood fringe must include the following components, as applicable: fl Estimate the peak discharge of the regional (1% chance) flood. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal de gree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. ORDINANCE NO. th The Zoning Official will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Official may seek technical assistance from a designated engineer or other expert person or aaencv. including the Department of Natural Resources. Based on this assessment, the Zoning Official may approve or deny the application. e. Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Official must process the permit application consistent withth applicable provisions of Subsection 4 and Subsection 5 of this ordinance. Subsection 7. Land Development Standards. 1.In General A-. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Brooklyn Center. 2.Subdivisions a.No land may be subdivided which is unsuitable for reasons of floodina or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. b.All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. C. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the re g ulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. d. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawinas and platting documents. ORDINANCE NO. e. In the General Floodplain District, applicants must provide the information required in Subsection 6, Subpart 2 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. f If a subdivision proposal or other proposed new development is in a flood trone area, any such proposal must be reviewed to assure that: fl All such proposals, are consistent with the need to minimize flood damage within the flood prone area All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damaae. and Adequate drainage is provided to reduce exposure of flood hazard. 3. Building Sites a. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting - from hydrodynamic and hydrostatic loads, including the effects of buoyancy; Constructed with materials and utility equipment resistant to flood damage: Constructed by methods and practices that minimize flood damage; and Constructed with electrical, heatina, ventilation, plumbin. and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulatina within the components during conditions of floodina. Subsection 8. Public Utilities, Railroads. Roads, and Bridges. 1. Public Utilities a. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the re gulatory flood protection elevation. ORDINANCE NO. 2.Public Transportation Facilities a. Railroad tracks, roads, and bridges to be located within the floodplain must comply with Subsection 4 and Subsection 5 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or intelTuption of transportation services would not endanger the public health or safety. 3.On-site Water Supply and Sewage Treatment Systems a. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.43 50. as amended; and 2) New or replacement on-site sewa ge treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and dischar ges from the systems into flood waters. they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter. 7080.2270, as amended. Subsection 9. Manufactured Homes, Manufactured Home Parks. and Recreational Vehicles 1. Manufactured Homes a. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: fl Placement or replacement of manufactured home units is prohibited in the Floodway District. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Subsection 5 of this ordinance and the following-standards: ol New and replacement manufactured homes must be elevated in compliance with Subsection 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to around anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. jj New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Subsection 7, Subpart 2.c. 2. Recreational Vehicles New recreational vehicle parks or campgrounds and expansions to existina recreational vehicle parks or camnarounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Subsection 9. Subpart 2.c below. fl Individual lots or parcels of record. Existing commercial recreational vehicle parks or campgrounds. Existing condominium-type associations. cA Criteria for Exempt Recreational Vehicles: fl The vehicle must have a current license required for highway use. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. No permanent structural type additions may be attached to the vehicle. 4 The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meetina the requirements applicable to manufactured homes in Subsection 9, Subpart 2.c. An accessory structure must constitute a minimal investment ORDINANCE NO. Recreational vehicles that are exempt in Subsection 9, Subpart 2.c lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a gara g e or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofina requirements of Subsection 5 of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. Subsection 10. Administration. 1.Zoning Official a. The Zoning Official or other official designated by the City Manager must administer and enforce this ordinance. 2.Permit Requirements: a. Permit Required. A permit must be obtained from the Zoning Official prior to conducting the following activities: fl The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and -repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. The use or change of use of a buildina, structure, or land. The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this ordinance. 4 The change or extension of a nonconforming use. The repair of a structure that has been damaged by flood, fire, tornado, or any other source. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. D Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for such work. ORDINANCE NO. Any other type of "development" as defined in Subsection 2, Subpart 9.a of this ordinance. h. Application for Permit. Permit applications must be submitted to the Zoning Official on forms provided by the Zoning Official. The permit application must include the following as applicable: A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. Location of fill or storage of materials in relation to the stream channel. Conies of any required municipal, county, state or federal permits or approvals. 4 Other relevant information requested by the Zoning Official as necessary to properly evaluate the permit application. C. Certificate of Zoning Compliance for a New. Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Official stating that the use of the building or land conforms to the requirements of this ordinance. d.Certification. The applicant is reciuired to submit certification by a registered professional ennineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or re g istered architect. e.Record of First Floor Elevation. The Zonmnn Official must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Official must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. f. Notifications for Watercourse Alterations. Before authorizina any alteration or relocation of a river or stream, the Zoning Official must notify , adjacent communities. If the applicant has applied for ,a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Mana g ement Agency (FEMM. g Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date ORDINANCE NO. such supporting information becomes available, the Zoning Official must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. 3. Variances a Variance Ayplications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section 35-240 of the City Zoning Ordinance. b. Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, or permit a lower degree of flood pection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. C. Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: fl Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during- the base flood discharge would result. Variances may only be issued by a community upon the following: Ql a showina of good and sufficient cau a determination that failure to grant the variance would result in exceptional hardship to the applicant : and jjj acletermination that the granting of a variance will not result in increased flood heights. additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Variances may only be issued upon a determination that the variance is th e minimum necessary. considerina the flood hazard, to afford relief. d. Flood Insurance Notice. The Zoning Official must notify the applicant for variance that: j The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and ORDINANCE NO. Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. e.General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and special uses in floodplains: fl The potential danger to life and property due to increased flood heiuhts or velocities caused by encroachments: The danger that materials may be swept onto other lands or downstream to the injury of others: he proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions: 4 The susceptibility of any proposed use and its contents to flood damaae and the effect of such damage on the individual owner: The importance of the services to be provided by the proposed use to the community: The requirements of the facility for a waterfront location: The availability of viable alternative locations for the proposed use that are not subject to flooding; The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management proaram for the area; JQ The safety of access to the property in times of flood for ordinary and emergency vehicles: ill The expected hei g hts, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. f.Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Official must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten (10) days' notice of the ORDINANCE NO. hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologi st . Submittal of Final Decisions to the DNR. A cony of all decisions grantina variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. h Record-Keening. The Zoning Official must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. 4. Special Uses Administrative Review. An application for a special use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 35-220 of the City Zoning Ordinance. b. Factors Used in Decision-Making. In passing upon special use applications, the City must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Subsection 10, Subpart 3.e. of this ordinance. C. Conditions Attached to Special Use Permits. The City may attach such conditions to the granting of special use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the followina: j Modification of waste treatment and water supply facilities. Limitations on period of use, occupancy, and operation. Imposition of operational controls, sureties, and deed restrictions. fl Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. Floodproofing measures, in accordance with the State Building-Code and this ordinance. The applicant must submit a plan or document certified 2y a registered professional engineer or architect that the floodproofin measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. ORDINANCE NO. th Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Official must submit hearing notices for proposed special uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. e. Submittal of Final Decisions to the DNR. A copy of all decisions granting special uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Subsection 11. Nonconformities. 1. Continuance of Nonconformities: a.A_use, structure, or occunancv of land which was lawful before the nassae or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Subsection 2, Subpart 9.a of this ordinance, are subject to the provisions of Subsection 11, Subpart Lb through 1. g noted below of this ordinance. b.A nonconforming use, structure. or occunancy must not be exnanded. chanced enlarged, or altered in a way that increases its flood dama g e potential or degree of obstruction to flood flows except as provided in Subsection 11, Subpart 1 .c below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. C. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subsection 11, Subpart 1 .d and 1 .h below. d. If the cost of all nrevious and nronosed alterations and additions exceeds fift percent (50%) of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subsections 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. ORDINANCE NO. e.If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Official in writing of instances of nonconformities that have been discontinued for a period of more than one year. f.If any nonconformity is substantially damaaed, as defined in Subsection 2 Subpart 9.a of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Subsections 4 or 5 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. g If any nonconforming use or structure experiences a repetitive loss, as defined in Subsection 2, Subpart 9.a of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. h. Any substantial imnrovement. as defined in Subsection 2, Subpart 9.a of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Subsections 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Subsection 12. Penalties and Enforcement. 1.Violation Constitutes a Misdemeanor a. Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special uses) constitute a misdemeanor and will be punishable as defined by law. 2.Other Lawful Action a. Nothmnn in this ordinance restricts the City of Brooklyn Center from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Official within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 3. Enforcement a. Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section 35-1040 of the City Zoning Ordinance. In responding to a suspected ordinance violation, the Zoning Official and City may utilize the full array of enforcement actions available to it including but not ORDINANCE NO. limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Brooklyn Center must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eliaibility in the National Flood Insurance Program, Subsection 13. Amendments 1.Floodplain Designation - Restrictions on Removal a. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. 2.Amendments Require DNR Approval a. All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. 3. Map Revisions Require Ordinance Amendments a. The floodplain, district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Subsection 2, Subpart 3 of this ordinance. Section 2. Section 35-2182 ADULT ESTABLISHMENTS is hereby renumbered and moved to Section 35-2200 Section 3. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of Mayor ORDINANCE NO. ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) City Co • urwil!V tirirs ru ItemUFNo. II [i[IiIJ[iJ I Nil DI'A I'A I[I) 1I flIJJ DATE: September 6, 2016 TO: Curt Boganey, City Manager FROM: Tim Gannon, Chief of Police SUBJECT: Opiate Antagonists Subgrant Agreement Recommendation: It is recommended that the City Council consider approval/adoption of the Metropolitan Emergency Services Board Opiate Antagonists Subgrant Agreement. The purpose of this agreement is to provide reimbursement for the purchase of opiate antagonist to be administered by emergency medical services persons in the event of an opiate or heroin overdose and/or for education or training of first responders. For the purposes of this Agreement, "opiate antagonist" means naloxone hydrochloride or ay similarly acting drug approved by the federal Food and Drug Administration. Background: "Steve's Law" was passed by the Minnesota Legislature in 2014. The intent of this law is to get opiate antagonists into the hands of first responders and anyone else that may be able to utilize an opiate antagonist to save a life in the event of an overdose. In 2014, Brooklyn Center Police and Fire Departments received training deployed an opioid overdose kit in each department vehicle to allow for an effective utilization of the opiate antagonists. Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Mission: Eiiciiring on aItiaclii'e, clean, safe, inclusive commuizity that enhances the qii(illtj' of ¶e for all people ai:dpreseri'es thepublic frust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE METROPOLITAN EMERGENCY SERVICES BOARD OPIATE ANTAGONISTS SUBGRANT AGREEMENT WHEREAS, the purpose of this agreement is to provide reimbursement for the purchase of opiate antagonist to be administered by emergency medical services persons in the event of an opiate or heroin overdose and/or for education or training of first responders. For the purposes of this Agreement, "opiate antagonist" means naloxone hydrochloride or ay similarly acting drug approved by the federal Food and Drug Administration.; and WHEREAS, "Steve's Law" was passed by the Minnesota Legislature in 2014. The intent of this law is to get opiate antagonists into the hands of first responders and anyone else that may be able to utilize an opiate antagonist to save a life in the event of an overdose. In 2014, Brooklyn Center Police and Fire Departments received training deployed an opioid overdose kit in each department vehicle to allow for an effective utilization of the opiate antagonists; and WHEREAS, the police and fire departments of the City of Brooklyn Center, first responder agencies in the metropolitan region, are qualified to receive these funds as reimbursement for the purchase of opiate antagonists and/or for education or training expenses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Metropolitan Emergency Services Board Opiate Antagonists Subgrant Agreement, covering costs of an opiate antagonist and education or training costs for the period of November 2, 2015 through May 31, 2017 be approved. September 12, 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. METROPOLITAN EMERGENCY SERVICES BOARD 2099 UNIVERSITY AVENUE WEST SAINT PAUL, MINNESOTA 55104-3431 Opiate Antagonists Subgrant Agreement THIS AGREEMENT is entered into between the METROPOLITAN EMERGENCY SERVICES BOARD, Metro EMS Region, 2099 W. University Ave., 201, Saint Paul, MN 55104 ('MESB"), and ("Subgrantee"). RECITALS WHEREAS, 2015 Minn. Laws, Ch. 71, Art. 14, Sec. 3, Subd. 2, appropriated funds to the Commissioner of Health for grants to Minnesota's eight regional emergency medical services programs to purchase opiate antagonists and educate and train emergency medical services persons, as defined in Minn. Stat. Sec. 144,740 1, Subd. 4, clauses (1) and 2) ("Eligible First Responders"), in the use of these antagonists in the event of an opiate or heroin overdose; and WHEREAS, the State of Minnesota ("State"), acting through its Commissioner of Health, entered into Grant Agreement No. 100547 with the MESB, effective November 2, 2015 ("Grant Agreement"), to pay for the purchase of opiate. antagonists and for education and training of Eligible First Responders in the Metro EMS Region; and WHEREAS, Subgrantee, a first responder agency in the metropolitan region, is qualified to receive these funds as reimbursement for the purchase of opiate antagonists and/or for education or training expenses. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: I. SCOPE OF AGREEMENT AND QUALIFICATIONS A.This Agreement is to provide reimbursement for an opiate antagonist to be administered by an Eligible First Responder and/or for education or training of Eligible First Responders. For the purposes of this Agreement, "opiate antagonist" means naloxone hydrochloride or any similarly acting drug approved by the federal Food and Drug Administration for the treatment of drug overdose. B.Subgrantee understands that in order to be eligible for reimbursement of the cost of opiate antagonists it has purchased it must have satisified all of the requirements of Minn. Stat. Sec. 151.37, Subd. 12(a) and (b), and Subgrantee hereby represents that it has fully satisfied said requirements. C. Subgrantee shall be reimbursed for the cost of an opiate antagonist it has purchased and for its education or training costs for the period from November 2, 2015 through May 31, 2017, subject to the limitations set forth in this Agreement. IL REGIONAL EMS COORDINATOR The MESB's authorized representative for the purposes of administration of this Agreement is its Regional EMS Coordinator, Ron Robinson, or such other person as may be designated in writing by the Executive Director of the MESB. Contact information for the MESB's authorized representative is: Ron Robinson, Regional EMS Coordinator, Metropolitan Emergency Services Board, 2099 W. University Ave., #201, Saint Paul, MN 55104, 651.643.8378, rrobinson(iemsmn.org . III.REIMBURSEMENT AND METHOD OF PAYMENT Subgrantee shall submit to the MESB a copy of a detailed invoice and record of payment for the purchase of an opiate antagonist. Reimbursement is limited to one dose per staffed vehicle plus a reasonable reserve. A separate invoice is required for education or training expense reimbursement. Reimbursement for education or training expense is limited to ten percent (10%) of the invoiced amount for the purchase of the opiate antagonist. Only education or training costs related to the start up of a program to administer opiate antagonists will be eligible for reimbursement. Upon verification and acceptance by the MESB's Regional EMS Coordinator of each invoice, the MESB will pay Subgrantee the invoiced amount. The MESB's reimbursement obligation is contingent on the MESB receiving grant funds from the State under the Grant Agreement, and is limited to the total amount of grant funds remaining upon receipt of an invoice. Invoices must be received by the MESB no later than June 6, 2017. Reimbursement will be made in a timely manner following receipt of sufficient grant funds by the MESB from the State. The MESB will not expend any of its own funds to reimburse Subgrantee. IV.TERM OF AGREEMENT This Agreement shall be effective November 2, 2015 and shall terminate on June 30, 2017 or until the grant funds have been expended, whichever occurs first. V. LIABILITY Subgrantee must indemnify and hold harmless the State, the MESB, its agents, and employees from all claims or causes of action, including reasonable attorneys fees, arising from the performance of this Agreement by Subgrantee or Subgrantee's agents or employees. This clause will not be construed to bar any legal remedies Subgrantee may have for the MESB's failure to fulfill its obligations under this Agreement. Nothing in this clause may be construed as a waiver by Subgrantee of any immunities or limitations of liability to which Subgrantee may be entitled pursuant to Minn. Stat. Chap. 466, or any other statute or law. VI.AUDITS Under Minn. Stat. Sec. 16C.05, Subd. 5, Subgrantee's books, records, documents, and accounting procedures and practices of Subgrantee, or any other relevant party or transaction, are subject to examination by the MESB, the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. VII.DATA PRACTICES Pursuant to Minn. Stat. Sec. 13.05, Subd. 11(a), Subgrantee and the MESB must comply with the Minnesota Government Data Practices Act as it applies to all data provided by the MESB under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Subgrantee under this Agreement. The civil remedies of Minnesota Statutes section 13.08 apply to the release of the data referred to in this clause by either Subgrantee or the State. VIII.OWNERSHIP OF MATERIALS The State shall own all rights, title and interest in all of the materials conceived or created by the MESB, or its employees or Subgrantee, either individually or jointly with others and which arise out of the performance of the Grant Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("materials"). Subgrantee hereby assigns to the State all rights, title and interest to the materials. Subgrantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights, patents or other forms of protection provided by law for the materials. The materials created under the Grant Agreement by the Grantee, its employees or Subgrantee, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted to the State by Subgrantee. Subgrantees's employees shall not copy, reproduce, allow or cause to have the materials copied, reproduced or used for any purpose other than performance of Subgrantee's obligations under this Agreement without the prior written consent of the MESB. IX.PUBLICITY Any publicity given to the program, publications, or services provided resulting from this grant agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for Subgrantee or its employees individually or jointly with others, shall identify the State as the sponsoring agency and shall not be released without prior written approval by the MESB. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates set forth below. SUBGRANTEE By: Title: Date: METROPOLITAN EMERGENCY SERVICES BOARD By: Jill Rohret, Executive Director Date: City Conirii Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ANNA BURKE FOR HER DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION WHEREAS, Anna Burke served on the Financial Commission from July 14, 2014, through August 28, 2016; and WHEREAS, she has made significant contributions as a member of the Financial Commission, including evaluating and developing fiscal policies, fiscal procedures, Mayor and Council Member total compensation, and budgetary and capital matters; and WHEREAS, her leadership and expertise have been greatly appreciated by the Financial Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Anna Burke is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. September 12, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a [ES]JJOJ ml I 3W4 L I 3 LI) UI I1IJ1 DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Public Hearings on Proposed Special Assessments for Nuisance Abatement Costs, Administrative Vacant Building Registrations, and Administrative Fines/Citations Recommendation: It is recommended that the City Council conduct the subject Public Hearings and consider approval of the attached resolutions certifying special assessments for Nuisance Abatement Costs, Administrative Vacant Building Registration Costs, and Administrative Fines/Citations. Background: Three Public Hearings are scheduled for September 12, 2016 to consider certification of proposed special assessments. The City Council called for a Public Hearing for September 12, 2016 at its August 08, 2016 meeting. The Notice of Public Hearing was posted in the City's official newspaper, Sun Post, on August 18, 2016. All potentially affected property owners have been notified by certified mail of the date of the Public Hearing and the amount of the proposed special assessments. As of September 6, 2016, a formal appeal has not been made to City staff since the August 8, 2016 Council meeting. The following is a brief summary of the minimum process involved in City-facilitated abatements. • A written compliance notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. • A follow up inspection is conducted to verify compliance. • If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. o The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc. • The costs of the abatement are recorded as pending special assessments and this information is available to the public. When a property is sold, title companies, real estate agents, or other parties often conduct property searches to determine the pending and levied special assessment amounts. I'vlission: Ensuring an attractive, clean, safe, inclusive cominuizity that enhances the quality of life for al/people and preserves the public trust [i[i1IJ[SJ I U I Ih I IYA 0) t1WI aISIiY I Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. For administrative citations/fines, an appeal process is prescribed by City Ordinance Chapter 18. Information about the appeal process and timeframes is provided with the citation. Administrative Vacant Building Registrations and administrative citations amounts are also recorded as pending special assessments and this information is available to the public. When a property is sold, title companies, real estate agents, or other parties often conduct property searches to determine the pending and levied special assessment amounts. Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. Recommended Council Procedure Staff recommends that the City Council conduct the hearings concurrently. The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council consideration upon closing of the Public Hearings. If any additional property owner files an appeal with the City Clerk prior to the Public Hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is filed within district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1.Pay the entire amount of the special assessment, without interest, between September 13, 2016 and October 13, 2016. 2.After October 14, 2016 through November 23, 2016, the property owner may pay the total special assessment plus accumulated interest (4.0 percent) through the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2017. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 4.0 percent is accrued on the unpaid balance. Mission: Ensuring an attractive, clean, safe, inclusive coinnuinity that enhances the quality of life for al/people and preserves the public trust Ei1U[iJ I fl N ak'A L I DM (I) 1I UBJ!A I Nuisance Abatement Costs One Year Administrative Vacant Building Registration One Year Administrative Fines/Citations One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Budget Issues: These fees help recover some costs the City incurs related to services provided to specific properties. For accounting purposes, special assessments fees are included in the general fund as revenue. It is anticipated that these costs recovered through special assessments will be received in 2017, and are therefore included in the 2017 budget. The levy roll for nuisance abatement costs totals $31,525.00. The levy roll for administrative vacant building registration costs totals $2,080.00. The levy roll for administrative fines/citation costs totals $85,650.00. An updated list will be provided at the Council Meeting reflecting payments made by September 9, 2016. Attachment: Resolutions- Nuisance Abatements Administrative Vacant Building Registrations Administrative Fines/Citations List of Levied Properties- The updated list will be provided at the Council Meeting based on payments made by September 9, 2016. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesces the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused abatement removal on certain properties within the City from July 1, 2015 thru June 30, 2016 under the authority of City Ordinance Section 12-1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on September 12, 2016, certain abatement accounts remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2015 thru June 30, 2016, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where abatement costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent abatement accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for abatement costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of abatement costs incurred from July 1, 2015 thru June 30, 2016 is hereby adopted and certified as Levy No. 19308. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2017, in one annual installment with interest thereon at four (4) percent per annum and shall bear interest on the entire assessment from October 1, 2016 through December 31, 2017. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 13, 2016. After October 13, 2016, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 1, 2016 through the date of payment. Such payment must be made by the close of business November 23, 2016 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 12, 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: whereon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Vacant Building Registration costs for certain properties within the City from July 1, 2015 thru June 30, 2016 under the authority of City Ordinance Section 12-1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on September 12, 2016, certain Administrative Vacant Building Registration costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2015 thru June 30, 2016, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Vacant Building Registration costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent Administrative Vacant Building Registration accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Vacant Building Registration costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of Administrative Vacant Building Registration costs incurred from July 1, 2015 thru June 30, 2016 is hereby adopted and certified as Levy No. 19309. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2017, in one annual installment with interest thereon at four (4) percent per annum and shall bear interest on the entire assessment from October 1, 2016 through December 31, 2017. RESOLUTION NO. 3.The owner of any property so assessed may at any time, prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 13, 2016. After October 13, 2016, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 1, 2016 through the date of payment. Such payment must be made by the close of business November 23, 2016 or interest will be charged through December 31 of the succeeding year. 4.The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 12, 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: whereon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Fines/Citation costs for certain properties within the City from July 1, 2015 thru June 30, 2016 under the authority of City Ordinance Section 18-204 and Minnesota Statutes, Section 429; and WHEREAS, on September 12, 2016, certain Administrative Fines/Citation costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2015 thru June 30, 2016, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Fines/Citation costs are to be assessed to each property; and WHEREAS, City Ordinance Section 18-210 and Minnesota State Statute authorizes the certification of certain delinquent Administrative Fines/Citation accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Fines/Citation costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of Administrative Fines/Citation costs incurred from July 1, 2015 thru June 30, 2016 is hereby adopted and certified as Levy No. 19310. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2017, in one annual installment with interest thereon at four (4) percent per annum and shall bear interest on the entire assessment from October 1, 2016 through December 31, 2017. RESOLUTION NO. 3.The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 13, 2016. After October 13, 2016, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 1, 2016 through the date of payment. Such payment must be made by the close of business November 23, 2016 or interest will be charged through December 31 of the succeeding year. 4.The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 12, 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: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Administrative Vacant Building Registration) July 1, 2015 to June 30, 2016 Administrative Vacant Building Registration Printed September 06, 2016 Municipal Code No. 22 Levy Runs One Year Capital Special Pending Interest Assessment Amount Levy No. Property Address Property ID Amount Charge Charge Certified 19309 605 59th Ave N 01-118-21-13-0029 1,000.00 10.00 30.00 1,040.00 19309 5127 Twin Lake Blvd E 10-118-21-21-0004 1,000.00 10.00 30.00 1,040.00 Total: 2,080.00 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of I Amended Special Assessment Certified Roll (Admin Fines/Citations) July 1, 2015 to June 30, 2016 Administrative Penalty/Citation Printed September 06, 2016 vlunicipal Code No. 22 Levy Runs One Year Capital Special IQ.thl Pending Interest Assessment Amount Levy No.Property Address Property ID Amount Charge Charge Certified 19310 5930 Camden AveN 01-118-21-12-0022 2,000.00 10.00 30.00 2,040.00 19310 6024 Camden Ave N 01-118-21-12-0039 480.00 10.00 30.00 520.00 19310 5700 Camden Ave N 01-118-21-13-0045 425.00 10.00 30.00 465.00 19310 6042 Dupont Ave N 01-118-21-21-0046 8,000.00 10.00 30.00 8,040.00 19310 óO24 Dupont Ave N 01-118-21-21-0049 125.00 10.00 30.00 165.00 19310 6Ol8 Aldrich Ave N 01-118-21-21-0074 4,100.00 10.00 30.00 4,140.00 19310 6015 Aldrich Ave N 01-118-21-21-0082 1,450,00 10.00 30.00 1,490.00 19310 6021 Bryant Ave N 01-118-21-21-0097 250.00 10.00 30.00 290.00 19310 6021 Emerson Ave N 01-118-21-22-0050 125.00 10.00 30.00 165.00 19310 6Ol4 Girard Ave N 01-118-21-22-0071 3,875.00 10.00 30.00 3,915.00 19310 6032 Girard Ave N 01-118-21-22-0074 250.00 10.00 30.00 290.00 19310 6007 Girard Ave N 01-118-21-22-0083 300.00 10.00 30.00 340.00 19310 6038 Lilac Dr 01-118-21-22-0091 125.00 10.00 30.00 165.00 19310 5801 Emerson Ave N 01-118-21-23-0076 2,000.00 10.00 30.00 2,040.00 19310 816 57th Ave N 01-118-21-24-0066 250.00 10.00 30.00 290.00 19310 5615 Fremont Ave N 01-118-21-32-0023 125.00 10.00 30.00 165.00 19310 5636 Humboldt AveN 01-118-21-32-0077 300.00 10.00 30.00 340.00 19310 1425 55th Ave N 01-118-21-33-0072 300.00 10.00 30.00 340.00 '9310 5333 Dupont Ave N 01-118-21-33-0139 1,625.00 10.00 30.00 1,665.00 19310 5315 Dupont Ave N 01-118-21-33-0143 125.00 10.00 30.00 165.00 19310 5452 Emerson AveN 01-118-21-33-0157 60.00 10.00 30.00 100.00 19310 5424 Fremont Ave N 01-118-21-33-0169 250.00 10.00 30.00 290.00 19310 5432 Dupont Ave N 01-118-21-34-0111 125.00 10.00 30.00 165.00 19310 5444 Dupont Ave N 01-118-21-34-0115 2,350.00 10.00 30.00 2,390.00 19310 5607 Lyndale AveN 01-118-21-42-0023 405.00 10.00 30.00 445.00 19310 5614 Camden Ave N 01-118-21-42-0032 125.00 10.00 30.00 165.00 19310 5713 Humboldt Ave N 02-118-21-14-0071 8,000.00 10.00 30.00 8,040.00 19310 5631 HillsviewRd 02-118-21-31-0002 125.00 10.00 30.00 165.00 19310 5301 Russell AveN 02-118-21-34-0002 900.00 10.00 30.00 940.00 19310 565O Lilac DrN 02-118-21-42-0032 375.00 10.00 30.00 415.00 19310 2213 EriconDr 02-118-21-42-0064 125.00 10.00 30.00 165.00 19310 5315 Logan Ave N 02-118-21-43-0043 125.00 10.00 30.00 165.00 19310 2001 54th Ave N 02-118-21-43-0102 125.00 10.00 ,30.00 165.00 19310 6101 Xerxes Ave N 03-118-21-11-0017 300.00 10.00 30.00 340.00 19310 6001 York Ave N 03-118-21-11-0047 125.00 10.00 30.00 165.00 19310 5937 Abbott Ave N 03-118-21-11-0060 500.00 10.00 30.00 540.00 19310 6Ol9 Brooklyn Blvd 03-118-21-12-0017 125.00 10.00 30.00 165.00 19310 3813 61stAveN 03-118-21-21-0132 80.00 10.00 30.00 120.00 19310 5730 June Ave N 03-118-21-24-0010 375.00 10.00 30.00 415.00 19310 3813 France PI 03-118-21-24-0043 125.00 10.00 30.00 165.00 19310 3901 BurquestLa 03-118-21-31-0041 250.00 10.00 30.00 290.00 19310 3613 54th Ave N 03-118-21-43-0029 125.00 10.00 30.00 165.00 19310 5353 Brooklyn Blvd 03-118-21-44-0012 125.00 10.00 30.00 165.00 19310 5228 Ewing Ave N 10-118-21-12-0025 125.00 10.00 30.00 165.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 3 Amended Special Assessment Certified Roll (Admin Fines/Citations) July 1, 2015 to June 30, 2016 Administrative Penalty/Citation Printed September 06, 2016 Municipal Code No. 22 Levy Runs One Year Capital Special jj Pending Interest Assessment Amount Levy No.Property Address Property ID Amount Charge Charge Certified 19310 49O6 Zenith Ave N 10-118-21-14-0022 125.00 10.00 30.00 165.00 19310 4809 Twin Lake Ave 10-118-21-32-0048 125.00 1000 30.00 165.00 19310 48l6 Twin Lake Ave 10-118-21-32-0060 375.00 10.00 30.00 415.00 19310 4201 Lakeside Ave 00214 10-118-21-32-0126 300.00 10.00 30.00 340.00 19310 4207 Lakeside Ave 00220 10-118-21-32-0132 900.00 10.00 30.00 940.00 19310 42O7 Lakeside Ave OO236 10-118-21-32-0148 300.00 10.00 30.00 340.00 19310 3401 47th Ave N 10-118-21-42-0038 1,480.00 10.00 30.00 1,520.00 19310 7241 Fremont Ave N 25-119-21-32-0011 250.00 10.00 30.00 290.00 19310 7237 Willow La 25-119-21-41-0039 2,750.00 10.00 30.00 2,790.00 19310 7206 West River Rd 25-119-21-42-0040 125.00 10.00 30.00 165.00 19310 7240 West River Rd 25-119-21-42-0043 125.00 10.00 30.00 165.00 19310 7243 Morgan Ave N 26-119-21-42-0053 125.00 10.00 30.00 165.00 19310 7231 Morgan AveN 26-119-21-42-0055 125.00 10.00 30.00 165.00 19310 1801 7Oth Ave N 26-119-21-44-0024 500.00 10.00 30.00 540.00 19310 7Ol8 Irving Ave N 26-119-21-44-0056 8,100.00 10.00 30.00 8,140.00 19310 7137 Grimes Ave N 27-119-21-31-0034 300.00 10.00 30.00 340.00 19310 4407 7lst Ave N 27-119-21-32-0124 125.00 10.00 30.00 165.00 19310 7207 Palmer Lake Dr W 27-119-21-41-0006 125.00 10.00 30.00 165.00 19310 3518 Woodbine La 27-119-21-42-0031 300.00 10.00 30.00 340.00 19310 7Ol8 France Ave N 27-119-21-43-0057 125.00 10.00 30.00 165.00 19310 5200 7Oth Ave N 28-119-21-43-0035 125.00 10.00 30.00 165.00 19310 54l87OthCir 28-119-21-43-0108 300.00 10.00 30.00 340.00 19310 7033 Unity Ave N 28-119-21-43-0118 1,925.00 10.00 30.00 1,965.00 19310 7030 Regent AveN 28-119-21-44-0057 125.00 10.00 30.00 165.00 19310 5131 Howe La 33-119-21-13-0085 125.00 10.00 30.00 165.00 19310 5200 63rd Ave N 33-119-21-42-0125 125.00 10.00 30.00 165.00 19310 3701 69th Ave N 34-119-21-12-0041 3,325.00 10.00 30.00 3,365.00 19310 66l2 Ewing Ave N 34-119-21-13-0085 875.00 10.00 30.00 915.00 19310 3001 66th Ave N 34-119-21-14-0052 125.00 10.00 30.00 165.00 19310 4201 Winchester La 34-119-21-24-0042 125.00 10.00 30.00 165.00 19310 4013 65th Ave N 34-119-21-31-0085 7,325.00 10.00 30.00 7,365.00 19310 4530 Kathrene Dr 34-119-21-32-0044 875.00 10.00 30.00 915.00 19310 4309 63rd Ave N 34-119-21-33-0022 900.00 10.00 30.00 940.00 19310 4218 6lst Ave N 34-119-21-34-0040 500.00 10.00 30.00 540.00 19310 33O7 Poe Rd 34-119-21-41-0070 230.00 10,00 30.00 270.00 19310 6319 Brooklyn Blvd 34-119-21-42-0005 425.00 10.00 30.00 465.00 19310 6236 Chowen Ave N 34-119-21-43-0019 875.00 10.00 30.00 915.00 19310 6213 Chowen Ave N 34-119-21-43-0040 125.00 10.00 30.00 165.00 19310 6200 France Ave N 34-119-21-43-0057 125.00 10.00 30.00 165.00 19310 6765 Humboldt Ave N 35-119-21-11-0022 250.00 10.00 30.00 290.00 19310 2833 67thLnN 35-119-21-23-0032 900.00 10.00 30.00 940.00 19310 2806 65th Ave N 35-119-21-32-0013 125.00 10.00 30.00 165.00 19310 2913 64th Ave N 35-119-21-32-0068 125.00 10.00 30.00 165.00 19310 6628 Camden Dr 36-119-21-13-0093 55.00 10.00 30.00 95.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 2 of 3 Amended Special Assessment Certified Roll (Admin Fines/Citations) July 1, 2015 to June 30, 2016 Administrative Penalty/Citation Printed September 06, 2016 Municipal Code No. 22 Levy Runs One Year Capital Special Total Pending Interest Assessment Amount Levy No.Property Address Property ID Amount Charge Charge Certified 19310 6601 Camden Dr 36-119-21-13-0105 300.00 10.00 30.00 340.00 19310 615 66th Ave N 36-119-21-13-0119 250.00 10.00 30.00 290.00 19310 6800 Humboldt Ave N 36-119-21-22-0047 355.00 10.00 30.00 395.00 19310 133668thLnN 36-119-21-22-0092 125.00 10.00 30.00 165.00 19310 6642 Dupont Ave N 36-119-21-24-0045 900.00 10.00 30.00 940.00 19310 800 62nd Ave N 36-119-21-34-0004 425.00 10.00 30.00 465.00 19310 62O7 Colfax Ave N 36-119-21-34-0068 900.00 10.00 30.00 940.00 19310 6234 Bryant Ave N 36-119-21-34-0079 125.00 10.00 30.00 165.00 19310 6116 Aldrich Ave N 36-119-21-34-0092 125.00 10.00 30.00 165.00 Total: 85,650.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 3 of 3 Amended Special Assessment Certified Roll (Abatement) July 1, 2015 to June 30, 2016 Abatement Printed September 06, 2016 Municipal Code No. 22 Levy Runs One Year Capital Special jj Pending Interest Assessment Amount Levy No.Property Address Property ID Amount Charge Charge Certified 19308 6009 Aldrich Ave N 01-118-21-21-0083 320.00 10.00 30.00 360.00 19308 816 57th Ave N 01-118-21-24-0066 1,350.00 10.00 30.00 1,390.00 19308 5355 Emerson Ave N 01-118-21-33-0111 26,950.00 10.00 30.00 26,990.00 19308 3906 6lst Ave N 03-118-21-21-0108 375.00 10.00 30.00 415.00 19308 7225 Morgan AveN 26-119-21-42-0056 425.00 10.00 30.00 465.00 19308 68O6 Perry Ave N 33-119-21-11-0035 300.00 10.00 30.00 340.00 19308 6407 Marlin Dr 34-119-21-31-0072 380.00 10.00 30.00 420.00 19308 4101 Janet La 34-119-21-34-0024 610.00 10.00 30.00 650.00 19308 4218 6lst Ave N 34-119-21-34-0040 455.00 10.00 30.00 495.00 Total: 31,525.00 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 1 5615 Fremont Ave. N Brooklyn Center, MN 55430 September 6, 2016 Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Brooklyn Center City Council; I am writing to object to the special assessment for the $125.00 cost of Administrative Penalty/Citation with an additional $40.00 special assessment fee on Sept. 9111 totaling $165.00 for my property, levy number: 19310. On May loth, I received notice to remove vehicles off my property. I go to work everyday. I called on May 17th and left a message requesting an extension. I needed to order the titles for the cars. On May 18th received a follow up letter. I called again after that and left another message requesting an extension and that I ordered the titles and will have the car towed. On May 26th I received a ticket. On May 31, an inspector came to the door I told him I was going to have the car towed myself and I asked him for an extension. He said no extension. He came on June 3rd with a city wide tow but I told him I was going to have the cars towed myself. I had to get time off from work and on June 15th, I had the cars towed. I received a letter on Aug. 12 to pay a special assessment for $125.00 with an additional $40.00 special assessment fee added on Sept. 9th I was surprised to receive the special assessment fee letter because I had taken care of the situation and I had the cars towed. I work everyday and at various locations so I don't have a workphone. I am requesting the City Council to please kindly remove the special assessment fees. I did take care of the two cars and had them towed. It is hard for me to get time off from work. I also was never given an extension; usually the city works with the neighbors and gives them extensions. I called and spoke to John Thao, Supervisor and asked him if he could please remove the special assessment fee. He said I have to go to the City Council to have the special assessment fees removed. I am kindly requesting the City Council to please remove the $125.00 and $40.00 special assessment fees. Yours truly, Lisa Yankton City Council Agenda Item No 8b ii1S]Jk[SJ I U I I IA I M (I] tUI IJ'A I DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Certification of Delinquent Utility Bills Recommendation: It is recommended that the City Council consider approval of a resolution assessing the attached list of properties with unpaid bills for utility services provided to those properties. Background: The City of Brooklyn Center annually certifies delinquent utility bills to Hennepin County. The certified bills become assessments on the property owner's following year's property tax bill. This process starts with a letter to the customer notifying them that their account is past due and that the amount will be certified against their property taxes. This first letter details the process and the legal authority for certification. Accounts that continue to remain unpaid receive a second letter indicating that their account will be certified for collection with property taxes following a public hearing. The date, time and location for the public hearing are included in this notice. Customers that do not pay after the second letter are included in the final assessment roll. The City has approximately 8,900 total utility accounts. Comparative number of accounts and dollars certified are as follows: # of Accounts Dollar Assessed Value 696 $390,166.08 663 $381,716.72 664 $400,605.55 641 $389,828.35 659 $431,446.84 Budget Issues: These delinquent utility billings recorded as receivables and recognized as revenues in the current budget year. However, the actual collections of these accounts will likely occur in future years. Strategic Priorities: Resident Economic Stability 1 IL... .. $ -C •__ -- ----------------- ---•47_ - 7. -.- -. the ._7.? Utejri ,,,iO,:. tJtSUr , tug u,, Out ac,, a, clean, Sffj a, , uC,u, cc COruuuuiu_j' mO: e,:,:unce. mitC quuutj. of fife for al/people and preserves the public tiust 2012 2013 2014 2015 2016 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS, the records of the Utility Billing Division list certain accounts as delinquent as of June 30, 2016; and WHEREAS, the owners of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes 444.075 and City Ordinances, Sections 4-105 and 4-201 authorize certification of such delinquent accounts to the County property tax rolls for collection; and WHEREAS, a special assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for delinquent utility service accounts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The special assessment roll of delinquent public utility accounts is hereby adopted and certified as Assessment Roll No. 19304 and Assessment Roll No. 19305. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes levied in 2016, in one installment with interest thereon at four (4.0) percent per annum, and shall bear interest on the entire assessment from October 1, 2016 through December 31, 2017. 3. The owner of any property so assessed may at any time prior to the certification of the assessments to the Hennepin County Auditor pay the entire assessment to the City, without interest, if the entire assessment is paid on or before October 13, 2016. From October 14, 2016, the owner may pay the entire assessment plus interest accumulated from October 1, 2016 through the date of payment. Such payments must be made by the close of business on November 23, 2016 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the Hennepin County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 12, 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. 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N N N N C,) N N N N N N N N N 0 N CO CO 0 N N 0 0 N CDm Oi w -J I-C 0 U .4- 4-.5-a)L) to 0 00 to s-I a) (0 0)4-aCUU C> 00 S-IM 4-0 4-a Li LM0mC.' 0 4-aCa) EU,U,C)U)U, b.OC >4-a 4-. U,C) U4-a0. (Cm N-Q C -N-(0 d00NN-N-(0 co 0E C0 (0 9- t0)0 -I I-0I- a)> 0)z (1) 0 0)> 8_J 03)Cl)IC) .0 Q IC)C)•0 -N -N-t (0 (0 N N CO.Q IT coC0o 999 mzr'N p >l r c'c 5•tI 00 CO 0)UO(j)l -4ol-i _-0 I I'.-o -Q_OD (0 City Councii Agendai Item COUNCIL ITEM MEMORANDUM DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director Ml, SUBJECT: Increase in Franchise Fees from Xcel Energy and CenterPoint Energy Recommendation: It is recommended that the City Council consider adoption of the ordinance amendments increasing franchise fees from Xcel Energy and CenterPoint Energy. 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. On August 8, 2016 City Council approved the first reading of amendments to Ordinances 2003- 22 and 2003-23, which proposed a three percent increase to the Xcel Energy franchise fee and a six percent increase in the CenterPoint Energy franchise fee. Since the first reading Xcel Energy has requested that the proposed franchise fees be rounded for billing and administrative purposes. The City and Xcel have reached a mutual understanding on a revised rate schedule. 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 aced to with two or more cities since the franchise agreement was UUpLU. iii LIiL1foI11L a ciiin 1estiitiv on iiaiiiiic i iiiia aiiu unty requires that the fee formula is non-discriminatory or place the company at a competitive disadvantage. The CenterPoint franchise agreement runs through 2035. T ncreasing these franchise fees requires a minimum of a sixty-day notice to Xcel and a ninety- day notice to CenterPoint and a public hearing to amend the franchise fee ordinance. Xcel Energy and CenterPoint Energy have been notified of the proposed changes and will receive a copy of the revised franchise fee ordinance ifadopted. Iiiissioii: Ensuring on (itti'OCt'e, C/COil, sufi?, iiiCiusn'e COinniunit3 that eiihanCCs i/iC quality of Ii:fe for anI peopie and preserves tile pubüc trust z•1uIJ I U U 3k'A Uh'A I MhYA (I) 1I 1IA I The monthly impact on properties of the proposed franchise fee increases are as follows: Xcel Fnerv (electricitv Current Monthly Fee Per Premise Proposed Monthly Fee Per Premise Monthly Increase Residential $1.52 $1.60 $0.08 Small C&I Non Demand 3.10 4.00 0.90 Small C&I Demand 20.60 22.00 1.40 Large C&I 99.00 100.00 1.00 Public Street Lights, Muni Pumping 12.40 13.00 0.60 CenterPoint Enemy (natural as Current Monthly Fee Per Premise Proposed Monthly Fee Per Premise Monthly Increase Residential $1.52 $1.61 $0.09 Commercial 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 SVDFB 98.88 104.81 5.93 LVDF 98.88 104.81 5.93 Based on the proposed changes, a residential property would see a combined $0.17 monthly increase ($2.04 annual increase) in franchise fees for both utility companies. Budget Issues: The proposed increases in the franchise agreements with Xcel and CenterPoint amount to an estimated $39,000 annual increase in revenue. If approved, the 2017 Street Reconstruction Fund budget will be adjusted to reflect this increase. Strategic Priorities: Key Infrastructure Investments Missioji: Ensuring an attractive, clean, safe, inclusive coinmiinhiy f/lOt C1II1U11CCS the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER ORIGINAL Notice is hereby given that a Public Hearing will be held on the 12 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 $1.57 per month Small Commercial & Industrial - Non-Demand $3.19 per month Small Commercial & Industrial - Demand $21.22 per month Large Commercial & Industrial $101.97 per month Public Street Lighting $12.77 per month Municipal Pumping - Non-Den iand $12.77 per month Municipal Pumping - Demand $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 REVISED 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 $1.60 per month Small Commercial & Industrial - Non-Demand $4.00 per month Small Commercial & Industrial - Demand $22.00 per month Large Commercial & Industrial $100.00 per month Public Street Lighting $13.00 per month Municipal Pumping - Non-Den iand $13.00 per month Municipal Pumping - Demand $13.00 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 ,4 CENTERPOINT ENERGY GAS FRANCHISE FEE SCHEDULE Class Residential Commercial A Commercial Industrial B Commercial C SVDF A SVDF B LVDF Fee Per Premise $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 CityAiIitIIIiiNJ VA ge n dai'kiiiuii COUNCI{L I{TEM MEMORANDUM DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2016-008, Submitted by Harshal Patel with Brooklyn Center Hotel Group, LLC for Site and Building Plan Approval of a New 4-Story 82-Room Fairfield Inn and Suites Hotel (located at 6250 Earle Brown Drive). Recommendation: It is recommended that the City Council adopt the Resolution regarding the Disposition of Planning Commission Application No. 2016-008, submitted by Harshal Patel with Brooklyn Center Hotel Group, LLC for Site and Building Plan approval of a new 4-Story 82-Room Fairfield Inn and Suites Hotel, located at 6250 Earle Brown Drive. Background: On August 25, 2016, the Planning Commission reviewed Planning Application No. 2016-008, the Site and Building Plan approval of a new 4-Story 82-Room Fairfield Inn and Suites hotel facility, to be located on the City owned (EDA) land next to Embassy Suites Hotel site. This new hotel will complete Phase II of the approved Embassy Suites Planned Unit Development of 2010. The site and building plans were presented to the Commission tinder a public hearing process, with notice letters mailed to all neighboring commercial properties within 350-feet of the proposed hotel site. The city received one phone call from the owner of U of M Physicians' office building to the west, who expressed an overwhelming approval and support of the hotel project for this area and community. There were no other comments from adjacent property owners (either for or against this request, and all public comments were recorded at the public meeting. Excerpt minutes from the August 25 t" Commission meeting are attached. The August 25 t" report, along with the city engineers report and all accompanying site and building plans are attached for city council consideration. A copy of the adopted Planning Commission Resolution No. 2016-09, which provides a favorable and unanimous recommendation of the proposed Site and Building Plan application, is also attached. Budget Issues: There are no budget issues to consider Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive coininuunit' that enhances the quality of life for all people aiudpi'esei'ves flue pu bile trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2016- RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-008 SUBMITTED BY HARSHAL PATEL WITH BROOKLYN CENTER HOTEL GROUP, LLC FOR SITE AND BUILDING PLAN OF A NEW FAIRFIELD INN AND SUITES HOTEL DEVELOPMENT (LOCATED 6250 EARLE BROWN DRIVE) WHEREAS, on June 27, 2005 the City Council adopted Resolution No. 2005-97, which approved the rezoning from CIA (Service-Office) to PUD/C1A (Planned Unit Development/Service- Office) of the 6.2 acre site located at 6300 Earle Brown Drive (the "Subject Property"), and which was formally approved under Ordinance No. 2005-07, adopted July 25, 2005; and WHEREAS, on May 14, 2007, the City Council adopted Resolution No. 2007-70, which allowed the construction of a two building hotel complex, one consisting of an eight story, 175 room Embassy Suites hotel with a 100-seat restaurant and a physical connection to the Earle Brown Heritage Center (Phase I), along with a future Phase II development of a complementary 75-room future hotel; and WHEREAS, in 2009, Brooklyn Hotel Partners, LLC completed a majority portion of Phase I by constructing the current Embassy Suites Hotel, but failed to complete the physical connection (the "Link") to the Earle Brown Heritage Center and other improvements as required under the PUP Development Agreements with the City; and WHEREAS, due to the failure to complete the required improvements noted above, on June 28, 2010 the City's EDA adopted Resolution No. 2010-14, which was an amendment to the Development Agreement and included the following actions: Amended the rights and obligations of the Economic Development Authority, the City and Developer relating to the developer's forfeiture of any rights to the Phase II development; 2.Confirmed the D-Barn Lease Agreement and easements for the EDA's construction of the link; 3.Approved adjustments to the payment of tax abatements for the Phase I development, including the right of set off to secure the D-Barn Lease and Link Maintenance Agreement; and 4. Conveyed the development rights for Phase II to the EDA and the obligation to construct the link to the Earle Brown Heritage Center.; and RESOLUTION NO. 2016 - WHEREAS, on July 8, 2013, the City Council later adopted Resolution No. 2013- 73, which approved a joint request from the City's EDA and Minnesota Hospitably Inc. for an amendment to the original Embassy Suites Planned Unit Development, and authorized a letter of intent with Minnesota Hospitality Inc. to provide a new four story, 81 -unit Candlewood Extended Stay Hotel on the EDA owned parcel, commonly referred to as the "Embassy Suites II Site" and addressed as 6250 Earle Brown Drive (hereinafter referred to as the "Subject Property"), with certain conditions noted as follows: 1)The orientation of the hotel has changed from a westerly entrance facing Earle Brown Drive to a central entrance facing the main entrance drive and entrance to the Embassy Suites Hotel; 2)The plan changes the unidentified hotel with a minimum 75-room hotel and 85 parking stalls to an 81-unit Candlewood Extended Stay Hotel with 86 parking stalls; 3)The plan continues to utilize the shared access points on Summit Drive and now provides a connection to the sidewalk within the Earle Brown Drive boulevard and the trail connection to the Earle Brown Heritage Center; 4)The plan provides additional green space and yard area which complements the open space and outdoor court area of the adjacent office building; and 5)The architectural development standards for this hotel are identical to the Shingle Creek Crossing PUD, which include the following: At least 50% of all four sides of wall surfaces of the hotel will be constructed of Class I materials and the remainder of Class II materials. Class I materials include: brick or acceptable brick-type material, natural looking stone, textured cement stucco, copper, architectural panels or masonry units with enhanced detailing such as patterns, textures color, dimension, banding, brick inlay or glass. Class II materials include: EFIS, pre-finished metal, concrete block, fiber-reinforced cement board siding, canvas or vinyl awnings. 6)The Subject Property is allowed the following modifications: i. That the parking standards for this project are adjusted from one space for each unit plus one space for each employee on any one RESOLUTION NO. 2016 shift is modified to one space for each unit plus one space for each employee on the evening shift; and ii. That as part of the site plan approval the City will consider a simple metes and bound description to facilitate a land division and combination of the eastern portion of this platted lot (pond and trail) to the Earle Brown Heritage Center, in lieu of a formal replat of Lot 2, Block 1, Brooklyn Farm 2nd Addition; and WHEREAS, Minnesota Hospitality Inc. failed to perform on this approved PUD Amendment and/or letter of intent by not completing the real estate transaction of the Subject Property, nor submitted any building permit to construct the Candlewood Suites Hotel as planned; and WHEREAS, Harshal Patel with Brooklyn Center Hotel Group, LLC submitted Planning Application No. 2016-008, which requests consideration and approval of Site and Building Plan to construct a new 4-story, 82-room Fairfield Inn and Suites hotel facility on the Subject Property; and WHEREAS, on August 25, 2016, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding this Site and Building Plan were received and considered by the Planning Commission; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 3 5-23 0 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this Site and Building Plan an appropriate and reasonable use and redevelopment of the Subject Property; and WHEREAS; the Planning Commission did determine that Planning Application No. 2016-008, submitted by Harshal Patel with the Brooklyn Center Hotel Group, LLC may be approved based upon the following considerations: A.the proposed use of an 82-room hotel facility at the subject property is an acceptable use under this PUD/Cl-A district; and meets the general definitions or standards of a permitted use under Zoning Code Section 35- 321; B.the proposed hotel project will provide an ideal opportunity for redevelopment of a key and targeted area of the community, should complement the adjacent Embassy Suites hotel and Earle Brown Heritage Center, and will help stimulate new investment in the neighborhood and RESOLUTION NO. 2016 the community; C.the proposed project appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; D.the proposed hotel project facilitates the planned redevelopment plans of this site, and is compatible with the goals, objectives and policies of the City's 2030 Comprehensive Plan and underlying land use plan; E.the new hotel project provides an ideal opportunity in offering additional alternatives to transient housing (hotel) needs for this area, especially with the community's nearby Earle Brown Heritage Center; F.the new hotel project will not be injurious to the use and enjoyment of other uses in and around this commercial/office area; G.the new hotel project will not impede the normal orderly development and proposed improvements of this area; and H.the proposed layout of this new hotel, including the new buildings, site improvements, walkways, and trails, and other improvements identified within these Site and Building Plans, are hereby acceptable and approved. AND WHEREAS, upon acceptance of all public comments and discussion of this item, the Planning Commission adopted Planning Commission Resolution No. 2016-09, which provides a favorable and unanimous recommendation to the City Council that this Site and Building Plan to construct a new 4-story, 82-room Fairfield Inn and Suites hotel facility on the Subject Property, should be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota that Harshal Patel with Brooklyn Center Hotel Group, LLC, requesting consideration and approval of a new Site and Building Plan to construct a new 4-story, 82-room Fairfield Inn and Suites hotel facility on the Subject Property, and as formally submitted under Planning Application No. 2016-008, is hereby approved, subject to the following conditions: 1. Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated August 17, 2016. 2. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. RESOLUTION NO, 2016- 3.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4.The Site Lighting Plan should be revised to include new lights or lamps above all exit doors; and new accent lighting, pedestrian level lights or wall sconces (pack) lights in the rear area of the hotel near the walkways and patio/seating areas. 5.Any outside trash disposal facilities and roof top or on-ground mechanical equipment shall be appropriately screened from view. 6.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) and monument style signs. All signs are subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 9.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. 10.Developer must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. RESOLUTION NO. 2016- September _12,_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. aBROOKI, 1W E.VTEF? Planning Commission Report Meeting Date: August 25, 2016 • Application Filed: 07/27/16 • Application Deemed Complete: 07/27/16 • Review Period (60-day) Deadline: 09/26/16 • Extended Review Period Deadline: N/A Application No. 2016-008 Applicant: Harshal Patel / Brooklyn Center Hotel Group, LLC Location: 6250 Earle Brown Drive Request: Site & Building Plan for Fairfield Inn & Suites INTRODUCTION Mr. Harsha! Pate! of Brooklyn Center Hotel Group, LLC is requesting consideration and approval of a Site and Building Plan application for a new 4-story, 82-room Fairfield Inn and Suites hotel facility. This land for the hotel is owned by the City of Brooklyn Center (EDA), and is scheduled to be sold to Mr. Patel's group should this site plan be approved. This matter is being presented as a public hearing item; and notices have been mailed to all surrounding property owners within 350-feet of the affected site. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: RB - Retail Business Current Zoning: PUD/C 1 -A (Planned Unit Development/Service-Office) Surrounding Zoning: North: PUD/C 1-A (Embassy Suites hotel) East: C-2 Commerce (Earle Brown Heritage Center) South: Cl-A Service Office (Wings Financial Credit Union) West: Cl-A Service Office (Mn PhysicianslNat. American Univ.) Site Area: 2.13 acres Setback Standards: Building: Front Yard 35-ft.; Rear Yard 40-ft.; Side Yard (Interior) = 10 ft.; and Corner Side-Yard = 25-ft. Parking: 15-ft. from any street right-of-way line Conformity to: Land Use Plan: Yes Zoning Ord: Yes Subdivision Ord.: Yes Sign Ord.: Unknown or not under consideration at this time. Variance Needed for Req tiest. No App. INO. LUIO-UUö PC 08/25/16 Page 1 LOCATION/AERIAL MAP ^ IN zj' JJ ,,. i: .'I. •iL 4 e M,oil \V I 'r I '410 • -. wit /1 •• . IRT rift f 1 * Ire/ a v r * I fi • BACKGROUND On June 27, 2005, the City Council approved the rezoning of a 6.2 acre parcel from CIA to PUD/C1-A, for the development of a 250 room hotel containing a 100 seat restaurant and a 32,000 sq. ft. water park facility. On May 14, 2007, the City Council approved the 2007 Brooklyn Hotel Partners LLC/Embassy Suites Planned Unit Development, which also provided an approved phased development plan for two new hotels in this area: o Phase I: an 8-story, 175 room Embassy Suites Hotel on a 4.02 acre lot, with a 100 seat restaurant and environmentally sealed connection to the adjacent Earle Brown Heritage Center. o Phase II: conceptually illustrated a secondary (but complementary) hotel to the south, which included the following preferred users: Holiday Inn Express, Marriot Courtyard, Hilton Garden Inn, Indigo, Cambria, Staybridge, Homewood, Hampton, Comfort, or another equivalent hotel acceptable to the EDA, with no less than 75 rooms. (refer to master plan image below - next page) flJJp. iN'). 4_U PC 08/25/16 Page 2 In 2007, the City Council approved the final plat of Brooklyn Farm 2nd Addition which created a 4.02 acre lot for the future Embassy Hotel project, and a 2.13 acre lot for the Phase TI (referred to as the Embassy Suites II) site. The eastern 1/3 of the Phase II site included the existing pond, a portion of a pond, and the majority of the trail which connected to the Earle Brown Farm site. In 2009, the developer completed the Embassy Suites, and shortly thereafter informed the City that they were unable to complete the enclosed connection link to the Earle Brown Heritage Center. After months of negotiations, the EDA adopted Resolution No. 2010-14, which approved an amendment to the Development Agreement and included the following actions: 1.amended the rights and obligations of the Authority, the City, and Developer relating to the developer's forfeiture of any rights to the Phase II development; 2.confirmed the D-Barn Lease Agreement and easements for the EDA's construction of the link; 3.approved adjustments to the payment of tax abatements for the Phase I development, including the right of set off to secure the D-Barn Lease and Link Maintenance Agreement; and 4.conveyed the development rights for Phase II to the EDA and the obligation to construct the link to the Earle Brown Heritage Center. In early 2013, the City was approached by Minnesota Hospitality Inc. to develop a new hotel project on the EDA owned land (see concept image below-next page): App. INO. LUIO-UUO PC 08/25/16 Page 3 SAAREDME ["H H-_,, lu 37 PARKING SPACES I rL'- ROP OFF , I I FOUNTAFN 'L_' r D 3 LriLLr-M-tJr7-ni & ' HOTEL 4TO( 81 ROOMSLIJI - 4 - I- _c iI I 2J GAZEBO f'(" IfTIiAOI SHARED DrIVE ROQKLYN CENTER CANDLEWOOD ----- - SITE PLAN 1 -=- NSUITES -:-,' = On July 8, 2013, the City Council adopted Resolution No. 2013-73, which approved a PUD Amendment to the 2007 Brooklyn Hotel Partners LLC/Embassy Suites PUD, authorizing MN Hospitality to construct a new Candlewood Suites Hotel on the parcel. The approvals included the following: I. The orientation of the hotel has changed from a westerly entrance facing Earle Brown Drive to a central entrance facing the main entrance drive and entrance to the Embassy Suites Hotel. 2.The plan changes unidentified hotel with a minimum 75 room hotel with 85 parking stalls to an 81 unit Candlewood Extended Stay Hotel with 86 parking stalls. 3.The plan continues to utilize the shared access points on Summit Drive and now provides a connection to the sidewalk within the Earle Brown Drive boulevard and the trail connection to the Earle Brown Heritage Center. 4.The plan provides additional green space and yard area which complements the open space and outdoor court area of the adjacent office building. 5.The architectural development standards for this hotel are identical to the Shingle Creek Crossing PUD, including: • At least 50% of all four sides of wall surfaces of the hotel will be constructed of Class I materials and the remainder of Class II materials. • Class I materials include: brick or acceptable brick-type material, natural looking stone, textured cement stucco, copper, architectural panels or masonry units with enhanced detailing such as patterns, textures color, dimension, banding, brick inlay or glass. App. No. 2016.008 PC 08/25/16 Page 4 o Class II materials include: EFIS, pre-finished metal, concrete block, fiber- reinforced cement board siding, canvas or vinyl awnings. Related to this PUD Amendment, the City also provided for the following allowances as part of this PUD Amendment: 1.Parking standards for this project (Candlewood Suites) are adjusted from one space for each unit plus one space for each employee on any one shift to one space for each unit plus one space for each employee on the evening shift. 2.The City will consider a simple metes and bound description to facilitate a land division and combination of the eastern portion of this platted lot (pond and trail) to the Earle Brown Heritage Center, in lieu of a formal replat of Lot 2, Block 1, Brooklyn Farm 21 Addition. After the PUD approval in 2013, Minnesota Hospitality Inc. never completed the land transaction with the city, nor submitted an official site plan for the development of this hotel. In early 2016, Mr. Harshal Patel met with city planning staff to propose the development of a new Fairfield Inn and Suites on this EDA parcel. If this site plan is approved, Mr. Patel intends to purchase the 2.18 acre parcel from the City/EDA, and immediately begin construction of his hotel. DEVELOPMENT PLAN/SITE & BUILDING PLAN REVIEW Building The proposed site plan is a 4-story, 82-room Fairfield Inn and Suites hotel facility, which is conceptually shown in the image below. App. No. 2u1b-uua PC 08/25/16 Page 5 As was approved in the 2013 PUD Amendment, the orientation of the hotel is consistent with desire by the City to have the central entrance facing north (instead of west towards Earle Brown Drive), and having the main entrance drive come off the main east/west access driveway leading back to the Embassy Suites hotel. The hotel maintains a 120-ft. setback from Earle Brown Drive; 70-ft. setback (main building) from the north line, with approx. 30-ft. setback from the porte-cochere'; 200+ ft. from the east line; and 25-ft. from the south line. Amenities in the hotel include a covered front entryway (porte-cochere') with very nice and elegant curved roof-line feature, with nice decorative stone accent support feature to the side. The first floor entryway includes a typical lobby/reservation desk area, offices, and laundry services. The first floor also contains an indoor pool area, fitness center, two small meeting rooms, and a breakfast serving/sitting area. The upper three floors (and partial first floor) contain the rooms consisting of one or two-bed suites (refer to attachedfloor-plans). The exterior consists of multiple windows, cultured stone and accented walls, banded (different colored) EFIS walls, cement board siding, and aluminum trim details. At least 50% of all four sides of wall surfaces of the hotel will be constructed of Class I materials and the remainder of Class II materials, which is consistent with our adopted Architectural Standards policy and the 2013 PUD Amendment conditions. The building will be made fully ADA compliant, with elevators located near the central section of the building. Stairwells will also be provided on each end of the main building, and the building shall be equipped with fire sprinkler systems. The primary height of the hotel building is shown as 42 feet, with an additional 9'-8" added to the main center elevation section. There are no height limitations to buildings within the CI-A Service Office District. Wall signage is also shown on all four elevations (sides) of the building, which is allowed by City Sign Code. Access & Parking The main access to the hotel is being provided from the east/west driveway that serves the adjacent Embassy Suites site to the north, which driveway connects directly onto Earle Brown Drive. This driveway will have three new entry points into the new hotel site. The first two access points closest to Earle Brown Drive line up directly across from the existing parking aisle drives inside the Embassy Suites parking lot to the north. The third access point is located to the far east of the site with an elongated and slightly curved entryway. App. No. 2016.008 PC 08/25/16 Page 6 ) lit T IdL^ilqI I I I Tw-Ii rn'5 nUL MIN ri PROPOSED F1F1ELD !N & SUITES FFE 850.0 Al L£y Two secondary access points will be provided near the southwest corner of the site, which will connect into the driveway/parking aisle lane for the Wings Financial property to the south. The site contain 83 marked parking stalls. Pursuant to Zoning Code Section 35-704 Minimum Parking Spaces, the following standard is required for hotels: o One space for each unit Plus one space for each employee on any one shift. As part of the 2013 PUD Amendment noted earlier, Candlewood Suites was approved with a slight flexible standard of the following: PC 08/25/16 Page 7 ° one space for each unit plus one space for each employee on the evening shift. The original Candlewood Hotel was planned for 81 units with 86 parking, which ideally would allow for up to 6 employees on the evening shift. The current plan for this Fairfield Inn identifies 82 units, with only 83 parking spaces. This would mean only one space for each room plus one space for one employee (limited to the evening shift). In previous discussions with the Developer, and confirmed by the city's own EBHC manager, most hotels, including this new one, have direct shuttle services (from the airport) for out-of- town guests and travelers, which in most cases accounts for 15-20% of the guests staying inside the hotels. If this holds true, the site with 83 spaces should easily accommodate the varying number of guests that drive personal vehicles to the site, and leave enough room for the night shift employees, which may be limited to 1 to 3 employees at most. The Planning Commission should decide if the 83 spaces provided for under this plan is in general conformance to the 2013 PUD Amendment approval, or meets the acceptable parking standards approved under the 2013 PUD. Due to the shared access points to the north (Embassy Suites) and the south (Wings Financial) sites, the city engineers have requested the Developer provide a cross access agreement with these adjacent properties. Planning staff can confirm that as part of the EDA Agreement in 2010 with the Oliver Group (Embassy Suites), a cross access agreement was granted and recorded under separate documents securing the right to access the subject site from both the north and south sides of this site. The plans also call for the removal of the existing bituminous trail on the easterly edge of the hotel site. The Developer intends to replace and reconstruct this trail segment once the hotel is completed and landscape materials have been placed. Grading/Drainage/Utilities The Developer provided preliminary grading, drainage, utility and erosion control plans which have been reviewed by the Director of Public Works/City Engineer. The Engineer's written comments are attached for the Commission's review. B-612 curb and gutter is to be provided around all driving and parking areas in accordance with city ordinances. The hotel site will be served by an 8-inch sanitary service connection line from Earle Brown Drive, and a separate 8-inch water service connection from Earle Brown Drive. The stormwater management of the site is contained with catch basins appropriately spaced throughout the site, which eventually feed or direct the storm water to the city owned pond area to the east. This pond was appropriately sized a number of years ago to accommodate the planned development of this site, along with the surrounding commercial uses in this area. The adjacent pond was modified and repaired by the City a few years ago in 2012-2013. There App. INO. LVID-UUO PC 08/25/16 Page 8 are no plans to increase the size of this pond or modify as part of this hotel development. The City is exploring the option of installing a water fountain inside the pond. The City is also in line to secure the ownership rights of this pond by separating this pond and trail areas from this site by simple metes and bounds land division, which was authorized by the Council under the 2013 PUD Amendment approvals. This land division is not being considered or approved under this Site e and Building Plan application. Landscaping/Screening The developer has submitted a landscape plan and is attached as part of this report. All new commercial development landscape plans must comply with the City's "Landscape Point System" policy, which is evaluated and determined by the LPS worksheet. One of the key benefits for a landscaping plan is to provide nice visuals and pleasing amenities to a newly reconstructed site, which also complement the new building and improvements, and fill in open space areas as needed. This 2.13 acre site requires a total of 140 landscape points (based on "hotel" use). The plan calls for 8 deciduous trees; 4 smaller decorative/ornamental trees; 6 upright arborvitae (evergreen) trees; and 166 count of a variety of evergreen and deciduous shrubs. The plan also includes the addition of 107 perennial plants and grasses. The point total calculated by city staff equates to 205 points, which is well over the 140 required points. Since there are no unrelated or adjacent conflicting uses (such as residential uses), the site does not require any extraordinary screening or buffering measures that are typically called for in landscape plans. Lighting/Trash The Developer has submitted a lighting plan for this site and is attached as part of this report. All new lighting would need to meet or exceed those requirements established under Section 35- 712 of the city ordinances. City ordinance require that all exterior lighting be provided with lenses, reflectors or down-cast shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than 3 foot candles measured at property lines. The preliminary review of the photometric plan indicates all new lighting will meet or exceed the foot candle or allowable light spill-over required by City Code. All new lighting is planned on either 25-ft. or 12-ft. high poles, with all new lamps consisting of energy efficient LED. The light poles are limited and centrally located inside the west parking lot area, and along the outer (north) perimeter of the front parking areas. Staff recommends the Developer modify this lighting plan or provide evidence from the lighting designer/contractor that this light will be sufficient. Staff is also recommending the additional placement of a similar light pole near the southeast corner of the hotel and adjacent to the trail, in order to provide adequate/security lighting for pedestrians. The plans are absent of any wall mounted or above-door security lights along the outer areas of the building. Smaller wall or security (pack) lights are typically installed in areas where doors App. IN0, 2U1-UU PC 08/25/16 Page 9 lead the outside or for pedestrian walkways and patio seating area. Staff is also recommending the Developer provide an updated lighting plan that includes any wall mounted lights for the exit doors, and included additional pedestrian level lights for the rear walkway areas and the patio/seating area, (see image below) LA L. : - - flonal pedestrian lights tor OUld001 af as The trash pick-up and enclosure are located near the southwest corner of the hotel building (see illustration above). The enclosure is slated to match with the new exteriors of the building. CITY ENGINEER REVIEW The City Engineer has provided a review and comments regarding this Site and Building Plan application in his August 17, 2016 memorandum, which is included as part of this report. Some of these comments and conditions reflect the previously approved considering under the 2013 PUD Amendment process. Some of these remaining conditions may be applicable at time of future building permit review and approvals. FINDINGS & RECOMMENDATION The request by the Developer to develop this left-over (yet key) commercial parcel within the community with a very attractive hotel facility, appears to be a natural and suitable fit to this area, and is precisely what the community envisioned on this site for so many years. This additional hotel facility will provide a wonderful addition and alternative to the nearby Embassy Suites, especially for out-of-town guests and visitors utilizing the Earle Brown Heritage Center for weddings, special events and conventions. Therefore, this Site and Building Plan application can be supported based on the following findings: a)the proposed use of an 82-room hotel facility at the subject property is an acceptable use under this PUD/C1-A district; and meets the general definitions or standards of a permitted use under Zoning Code Section 35-321; b)the proposed hotel project will provide an ideal opportunity for redevelopment of App. No. 2016-008 Pc 08/25/16 Page 10 a key and targeted area of the community, should complement the adjacent Embassy Suites hotel and Earle Brown Heritage Center, and will help stimulate new investment in the neighborhood and the community; C) the proposed project appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; d)the proposed hotel project facilitates the planned redevelopment plans of this site, and is compatible with the goals, objectives and policies of the City's 2030 Comprehensive Plan and underlying land use plan; e)the new hotel project provides an ideal opportunity in offering additional alternatives to transient housing (hotel) needs for this area, especially with the community's nearby Earle Brown Heritage Center; the new hotel project will not be injurious to the use and enjoyment of other uses in and around this commercial/office area; g)the new hotel project will not impede the normal orderly development and proposed improvements of this area; and h)the proposed layout of this new hotel, including the new buildings, site improvements, walkways, and trails, and other improvements identified within these Site and Building Plans, are hereby acceptable and approved. Should the Planning Commission agree with these findings, Planning Staff recommends the Commission adopt the attached Resolution No. 2016-09, which comprehends the approval of Planning Application No. 2016-008, the request by Harshal Patel (in cooperation with Brooklyn Center Hotel Group, LLC) to develop and construct a new Fairfield Inn & Suites at the subject location, subject to the following conditions: 1. Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated August 17, 2016. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4, The Site Lighting Plan should be revised to include new lights or lamps above all exit doors; and new accent lighting, pedestrian level lights or wall sconces (pack) lights in the rear area of the hotel near the walkways and patio/seating areas. App. No. 2016-UU PC 08/25/16 Page 11 5.Any outside trash disposal facilities and roof top or on-ground mechanical equipment shall be appropriately screened from view. 6.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site, Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) and monument style signs. All signs are subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 9.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. 10.Developer must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. Attachments • City Engineer's Review Memo (08/17/16) • Planning Commission Res. No. 2016-09 • Site & Building Plans- Fairfield Inn & Suites App. No. 2016-008 PC 08/25/16 Page 12 vi 0 NLVJ (SI h• WJi DATE: August 17, 2016 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works - Fairfield Inn & Suites Public Works staff reviewed the following documents submitted for site plan review on July 27, 2016, for the proposed Fairfield Inn & Suites: Civil Site Plans - Dated 07/25/2016 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: C5.0 & C5.2 Detail and Specifications Plan 1.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. C6. 0 SWPPP Plan 2.Provide and list a Storm Water Pollution Prevention Plan (SWPPP) inspector/manager with contact information who must be available within a four hour notification to respond to and implement SWPPP related corrective measures. If the applicant is found to be non-responsive, the City may issue a stop work order and/or take other means necessary to correct SWPPP related issues. Miscellaneous 3.See attached plan sheet redlines for additional miscellaneous plan comments. 4.Provide irrigation plan. 5. The total disturbed area exceeds one acre; an NPDES permit is required. In addition, the total disturbed area is less than five acres; applicant must submit plans to the City for project review on behalf on the Shingle Creek Watershed Commission. Based on watershed best management practices, the site should provide pretreatment for runoff that includes filtration prior entering to the infiltration system. Preliminary Plan Review Memo - Fairfield Inn and Suites Page 2 August 17, 2016 In June of 2005 (Resolution 2005-97), the site was approved for a 250 room hotel containing a 100 seat restaurant and 32,000 sf water park facility. In May of 2007, (Resolution 2007-008) the development plans were revised to provide for the phased development of two hotels. Phase 1 was an eight story 175 room Embassy Suites Hotel with a 100 site restaurant, completed in 2014. The proposed Fairfield Inn & Suites will be an 83 room building. The scope of the original traffic study should not have changed; therefore a Traffic Impact Study is not warranted. However, a parking study is required and a Tier 2 Traffic Demand Management Plan in accordance with the City's template plan should be prepared. 7. Provide cross access agreement with adjacent properties. Upon project completion, the applicant must submit an as-built survey of the property improvements and utility service lines and structures; and also provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 9.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The design/project engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey) in accordance with the City's template. Prior to issuance of a Land Alteration 10.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or amended as required by the City Engineer. 11.A letter of credit or a cash escrow in the amount of 100 percent of the estimated cost as determined by City staff must be provided to the City. 12.During construction of the site improvements and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. Please submit a deposit of $1,500 that the City can draw upon on a monthly basis. 13. A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency Preliminary Plan Review Memo - Fairfield Inn and Suites Page 3 August 17, 2016 management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions. A separate $2,500 deposit will be required as part of the non- compliance provision. 14.Utility Facilities Easement Agreement required. Anticipated Permitting 15.A City Land Disturbance permit is required. 16.A Minnesota Pollution Control Agency NPDES permit is required. 17.Other permits not listed may be required and it is the responsibility of the developer to obtain and warrant. 18.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 19.A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. 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LE E- II!IrrrrrmflhII!I=uI I!I!III!1U1 '_rnLIEFIIUI = h -- ±H II Ii= (J)±±U)_±oil T A - 9Li LIII * LiJ C) Li I(2 U) F-z 0 h il 2 LL. h :d - ----- - I IL HE I -11 -J i,W F-LU0ILi 0 2:UJ Lia- -J F-LILi AFT UN N 7(flI 7 Li Commissioner Koenig introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2016-09 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-008 SUBMITTED BY HARSHAL PATEL/BROOKLYN CENTER HOTEL GROUP, LLC FOR SITE AND BUILDING PLAN OF A NEW FAIRFIELD INN AND SUITES HOTEL DEVELOPMENT (LOCATED 6250 EARLE BROWN DRIVE) WHEREAS, on June 27, 2005 the City Council adopted Resolution No. 2005-97, which approved an application to rezone from CIA (Service-Office, no height limit) to PIJD/C1A (Planned Unit Development/Service- Office, no height limit) the 6.2 acre site located at 6300 Earle Brown Drive, and which was formally approved under Ordinance No. 2005-07, adopted on July 25, 2005; and WHEREAS, on May 14, 2007, the City Council adopted Resolution No. 2007-70, which allowed the construction of a two building hotel complex, one consisting of an eight story, 175 room Embassy Suites hotel, a 100 seat restaurant and physical connection to the Earle Brown Heritage Center, along with a future Phase II development of a complementary 75-room, unidentified hotel; and WHEREAS, in 2009, Brooldyn Hotel Partners, LLC completed the main construction of the Embassy Suites Hotel, but failed to complete the physical connection (the "Link") to the Earle Brown Heritage Center and other improvements as required tinder the PUD Development Agreements with the City, and due to this failure to complete the required improvements, the City's EDA adopted Resolution No. 2010-14, an amendment to the Development Agreement which included the following actions: Amended the rights and obligations of the Economic Development Authority, the City and Developer relating to the developer's forfeiture of any rights to the Phase II development; 2. Confirmed the D-Barn Lease Agreement and easements for the EDA's construction of the link; Approved adjustments to the payment of tax abatements for the Phase I development, including the right of set off to secure the D-Barn Lease and Link Maintenance Agreement; and 4. Conveyed the development rights for Phase II to the EDA and the obligation to construct the link to the Earle Brown Heritage Center. WHEREAS, on July 8, 2013, the City Council adopted Resolution No. 2013-73, which approved a joint request from the City's EDA and Minnesota Hospitably Inc. for an amendment to the original Embassy Suites Planned Unit Development, and authorized a letter of PC RESOLUTION NO. 2016-09 intent with Minnesota Hospitality Inc. to provide a new four story, 81 -unit Candlewood Extended Stay Hotel on the EDA owned parcel, commonly referred to as the "Embassy Suites II Site" and addressed as 6250 Earle Brown Drive (hereinafter referred to as the "Subject Property"), with certain conditions noted as follows: 1)The orientation of the hotel has changed from a westerly entrance facing Earle Brown Drive to a central entrance facing the main entrance drive and entrance to the Embassy Suites Hotel; 2)The plan changes the unidentified hotel with a minimum 75-room hotel and 85 parking stalls to an 81-unit Candlewood Extended Stay Hotel with 86 parking stalls; 3)The plan continues to utilize the shared access points on Summit Drive and now provides a connection to the sidewalk within the Earle Brown Drive boulevard and the trail connection to the Earle Brown Heritage Center; 4)The plan provides additional green space and yard area which complements the open space and outdoor court area of the adjacent office building; and 5)The architectural development standards for this hotel are identical to the Shingle Creek Crossing PUD, which include the following: i. At least 50% of all four sides of wall surfaces of the hotel will be constructed of Class I materials and the remainder of Class II materials. Class I materials include: brick or acceptable brick-type material, natural looking stone, textured cement stucco, copper, architectural panels or masonry units with enhanced detailing such as patterns, textures color, dimension, banding, brick inlay or glass. Class II materials include: EFIS, pre-finished metal, concrete block, fiber-reinforced cement board siding, canvas or vinyl awnings. 6)The Subject Property is allowed the following modifications: i. That the parking standards for this project are adjusted from one space for each unit plus one space for each employee on any one shift is modified to one space for each unit plus one space for each employee on the evening shift; and PC RESOLUTION NO. 2016-09 ii. That as part of the site plan approval the City will consider a simple metes and bound description to facilitate a land division and combination of the eastern portion of this platted lot (pond and trail) to the Earle Brown Heritage Center, in lieu of a formal replat of Lot 2, Block 1, Brooklyn Farm 2l d Addition. WHEREAS, Minnesota Hospitality Inc. failed to perform on this approved PUD Amendment and/or letter of intent by not completing the real estate transaction of the Subject Property, nor submitted any building permit to construct the Candlewood Suites Hotel as planned; and WHEREAS, Harshal Patel of the Brooklyn Center Hotel Group, LLC has submitted Planning Application No. 2016-008, which requests consideration and approval of Site and Building Plan to construct a new 4-story, 82-room Fairfield Inn and Suites hotel facility on the Subject Property; and WHEREAS, on August 25, 2016, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding this Site and Building Plan were received and considered by the Planning Commission; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this Site and Building Plan an appropriate and reasonable use and redevelopment of the Subject Property; and WHEREAS; in light of all testimony received, the Planning Commission did determine that Planning Application No. 2016-008, submitted by Harshal Patel of the Brooklyn Center Hotel Group, LLC may be approved based upon the following considerations: A.the proposed use of an 82-room hotel facility at the subject property is an acceptable use under this PUD/Cl-A district; and meets the general definitions or standards of a permitted use under Zoning Code Section 35- 321; B.the proposed hotel project will provide an ideal opportunity for redevelopment of a key and targeted area of the community, should complement the adjacent Embassy Suites hotel and Earle Brown Heritage Center, and will help stimulate new investment in the neighborhood and the community; C. the proposed project appears to demonstrate a clear and public need or PC RESOLUTION NO. 2016-09 benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; D. the proposed hotel project facilitates the planned redevelopment plans of this site, and is compatible with the goals, objectives and policies of the City's 2030 Comprehensive Plan and underlying land use plan; B. the new hotel project provides an ideal opportunity in offering additional alternatives to transient housing (hotel) needs for this area, especially with the community's nearby Earle Brown Heritage Center; F.the new hotel project will not be injurious to the use and enjoyment of other uses in and around this commercial/office area; G.the new hotel project will not impede the normal orderly development and proposed improvements of this area; and H. the proposed layout of this new hotel, including the new buildings, site improvements, walkways, and trails, and other improvements identified within these Site and Building Plans, are hereby acceptable and approved. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission for the City of Brooklyn Center, Minnesota, that Planning Application No. 2016-008 submitted by Harshal Patel of Brooklyn Center Hotel Group, LLC, is approved subject to the following conditions: 1.Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated August 17, 2016. 2.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4.The Site Lighting Plan should be revised to include new lights or lamps above all exit doors; and new accent lighting, pedestrian level lights or wall sconces (pack) lights in the rear area of the hotel near the walkways and patio/seating areas. PC RESOLUTION NO. 2016-09 5.Any outside trash disposal facilities and roof top or on-ground mechanical equipment shall be appropriately screened from view. 6.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) and monument style signs. All signs are subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. 10. Developer must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engincer. Au g ust 25,20l6 / tX/= - Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member MacMillan; and upon vote being taken thereon, the following voted in favor thereof: PC RESOLUTION NO. 2016-09 Chair Christensen, Commissioners Schonning, Tade, Sweeney, MacMillan; and Koenig; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. EXCERPT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA AUGUST 25, 2016 1, CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 2.ROLL CALL Chair Randy Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. Commissioner Carlos Morgan was absent and excused. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA - AUGUST 25, 2016 There was a motion by Commissioner MacMillan, seconded by Commissioner Tade, to approve Planning Commission Meeting Agenda. The motion passed unanimously. 4. APPROVAL OF MINUTES - JULY 14, 2016 There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to approve the minutes of the July 14, 2016 meeting as submitted. The motion passed unanimously. S. CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2016-008 HARSHAL PATEL / FMRFIELD INN AND SUITES HOTEL PROJECT PROPERTY ADDRESS: 6250 EARLE BROWN DRIVE Chair Christensen introduced Application No. 2016-008, consideration of a Site and Building Plan application for a four-story, 82-room Fairfield Inn and Suites hotel. (See Planning Commission Reports dated 08-25-2016 for Application No. 2016-008.) PC Minutes 08/25/2016 -1- Notice letters were mailed to all neighboring properties within 350 feet of the subject site. Mr. Benetti provided a planning report and presentation with background information on this item. Chair Christensen stated he wanted to open the public forum next and would ask questions upon hearing their statements and input. OPEN TO PUBLIC COMMENTS —APPLICATION NO. 2016-008 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to open the public hearing on Application No. 2016-008, at 7:22 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. There were no individuals in attendance and no comments received at that time. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Tade, seconded by Commissioner MacMillan, to close the public hearing on Application No. 2016-008, at 7:24 p.m. The motion passed unanimously. Chair Christensen asked if the there is an agreement between Mr. Patel, Wings Financial and the Embassy Suites for the entrance points into the proposed hotel parking lot. Mr. Benetti replied yes, there is a recorded cross access agreement between the three properties share the driveways and access points. He noted the accesses will split into two driveways, one into each business, Mr. John Sheehan, representing the hotel owner Mr. Harshal Patel, stated the Embassy Suites has two shuttle vans, which indicates that most of their business is coming from the airport and as a result they may not need as much parking as the typical hotel not catering to airport patrons. He stated this hotel is another way to complement the Earle Brown Heritage Center, and provides another option to visitors in the area. He stated the Fairfield does not have all the amenities the Embassy Suites offers; and stated this hotel is sort of a "no frills" option for travelers. He also noted that in most cases 1 car brings several guests for more than 1 room, so they do not anticipate needing extensive parking spaces. Chair Christensen asked if the perforated pipe they plan to put in is going to drain into the existing pond. Mr. Eitel stated the pipe will drain into the pond, but it will serve as a first line of filtration for storm water run-off from the site, before the excess water empties into the nearby pond system. This perforated pipe system will improve the condition of the pond water greatly. Chair Christensen asked if the rebuilding of the sidewalk in this plan will be the City's responsibility or the developers. Mr. Eitel stated the sidewalk is part of the City's trail systems so the EDA will take responsibility for that cost. PC Minutes 08/25/2016 -2- Chair Christensen stated he was unclear why the City would pay any of the costs if the reason it needs to be replaced or moved is due to the development of the new property owned by Mr. Pate!. Mr. Benetti replied under the proposed plan the developers would need to replace the part of the sidewalk to accommodate the parking lot they intend to put in. Mr. Eitel added that it would then be the responsibility of the City to realign that sidewalk with the trail systems. He stated it is a joint effort as the sidewalk is inadvertently on the developer's site so they will replace anything disrupted by their plans and then the City will make sure it is in the correct location for the trail systems as intended. Commissioner Koenig stated he thinks this project is great and noted with many high volume events being brought to the Twin Cities in the upcoming years, their establishment will add a great deal of value to the City. He stated he hopes the joint efforts between the City and the developers they can create a beautiful and aesthetically pleasing development to the community; and hopes this hotel will bring many years of success to their overall business plans in this city. Commissioner MacMillan asked what the price range for the rooms will be. Mr. Patel stated typically they will be around $109.00-$149,00 per night, with fluctuation depending on seasons and demand. Mr. Patel also noted the Embassy's pricing is about $149.00-$209.00 per night, due to offering more amenities than the Fairfield Inn. Commissioner Schonning asked if the concrete slab outside on the plans is a seating area. Mr. Benetti stated it will be a patio seating area with tables and chairs. Mr. Benetti noted there will also be another outside seating area overlooking the pond area. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2016-09 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-008 SUBMITTED BY HARSHAL PATEL[BROOKLYN CENTER HOTEL GROUP, LLC There was a motion by Commissioner Koenig, seconded by Commissioner Macmillan, to approve Planning Commission Resolution No. 2016-09. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its September 12, 2016 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. PC Minutes 08/25/2016 -3- City Co"mrRH ri I(3 ii1RLI 11111 Cftty CoRfflldli Aginida ]111©rn N©0 1O #1 I[I1IJ[iJ I fl I I akA LA I MkTA (I) UI u'A I DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk S!1t1M4 4mck3k SUBJECT: Type IV 6-Month Provisional Rental License for 5943 Colfax Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5943 Colfax Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1IJ[i1 I N k'4 U I k"A (I) 1I I1IA I 05-26-2016 The Owner, Juliana Koe, applied for renewal of the rental dwelling license for, a single family dwelling. 06-13-2016 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 07-27-2016 A second rental inspection was conducted and passed. 08-03-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-03-2016 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. 08-18-2016 A Mitigation Plan was submitted. 08-24-2016 The Mitigation Plan was finalized. 08-31-2016 The previous rental license expired. 09-02-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 12, 2016. If approved, after six months, a new rental license is required. The license process will begin within three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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 Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust [i[I1IJ[SJ I fl U U ak'A Uh'A I k'A [I] 1WI )lIJh'A I 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. ]l'I!ssioiz: Eiissiihzg an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [iII]BJ[iJ I U I UhYA I M'A 0) 1tI WJi 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 :EI1sJcsJ i • ai u I DI'4 w iii aai i Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 ul'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ES1PJ[SJ IU I U DILTA U I 3k'A 0] UI WI 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 community that enhances the quality of life for all people and preserves the public trust 11 MM)I NG AND COMMUNITY STANIJARDS CityM BRIN RnaF Lie Mli tilga floin Plan Typ IV Lfeen scr Hiwren M/ 1rMI Plans wilf p/d. Aiilable tüim can ba biird on the CEiys wthlLü a t wPc throokyn ter.ofl or ift iea 633D Lp have on erec t rorifu copy zant La you Yia email. 6143 CcIe AveNgracOp Ceitnr MN 55430 Owne-r's Adcrr L 2TS 71i I'r1 0118 Aq,il kddic.r1IrtiapIl FIFT.E545 O'ii'. Pon, Ei2) 27T FuLl 1 Agri!'s Phone €Mii'rsEmtF jkc'3 OC)O@tuiJ corn tAert1s E rip fl , rtn pIratIiri Dale 'via Penthn E>IrdoF Date:1 j? ( Buf o n prQprIy confflrk?i1 pQlic nuir inciden1. the alowe fef a ran c e d property qualiiias for.9 Type V6 MLh RE'na1 Llr. Pdci to applfoalion approyal by Iha ciIt CiiFldl a (UNY opmpleled MFtiglion Plan musl he tnip1ietf and Bpprved by City sta ff, A Miligatian PJ@n mutif he UQmpled immediatel y in order to an s uro 1m&y tmpielior cif the Iicon& ppJicat3ori pre. The iigatin Plan hou1d indicate the steps beinglkan fa rorrect, idenifled iQltiina and the me-a s urat that will t ie taken to ensure ong4 o fjig er,pllar with City Ofdrbance a nd applica b le codes. A Mi t igati o n Plan allows the o'ier and the Ciy to review concerns nd i d i^ri ffy posib] oFuion to [nipro'a 'vmiI m3ndillons of he properly. If ihe Mitigation Plan, JioL ubml1d, and a ll Hems are not coplaLed thki Uie p on rl ing ficonse period, r r,ihe eboe pxoper operates baynd the lrcenae expiration data, enforcement a ct ions s uch as ti1tiori, form a l c omplaint, or licen s e revktw m a y result, Se-fo r a uhrnittin, fill-ouf Sections A. B, and C tocathd n Z 3 4, a nd Fogo .4A VVIF11LiIl i1iJu Thw. L1l,r ] l—Biiiltki rtnd l ubt19j prmm (iJ1u1 Shingle CrkPrrtwiu MN 4i-21 r Phon e : L33D I TTY:711 J F: (7E] BUILDING AND COMMUNFY STANDARDSCJyc'fB1t0011 PrCnnkirMF4 ii,-- - J RentaT Lweiia }tIHtIon Fan C, NTER Type IV Lice iise SUn•ACThe Free Ph2I I1 use written lease agsemeRt The tease agruomerit shaH indude Ihu Crime Fe HousIng Lease Mendum. A copy of th d Ctrne Free Hous1n .9 Leee Athondum Fnupl he Mlid to the ilt tFoi Plan whet etibiltthd. j 2 Arc to p1!rHLrB Uie Ic nnaJei ur lE4Bse grEemnt CT EVCJTI Df lenarlis who vioI1e the tern"S of Me lease or any drdiim. ] 3)Co7iduct cr inlfrial backgroundcalleck for all new prospective ierants, Ifitisacuriant tenant H new becrDund Is nct MqUETEd, Mimi be Eible 43 proMe docunenta1Ion to CiIy If FeUU51Cd. f 4) Atlencf a City approved eight-hour Ciimu Free Housing training coure lnfotmaLnn for pproed covrses can he found at '1iwvmncnet under the Tra.Fning eadEvenis Inb. copy of the Crime Free Housing Certificate iii LrSt be ataehed to The MRF tFor Plan when ubmite Crime Fiea Housng 1ra1itg was complotad orLfjs died ulad for. 1 i192 Owner Lw agent etenctediJa planning to attend t inn a city o f. Cfl 5) Sutmit Moiih1y Update by 1he .j01h day of each month. FhL53 H !ZI 1) Crpoe aSeci:ly Asvassm6warid lmpiemri1 lrripvovemenL eueted by the Brooklyn CenlerPere OepartmenL To schedule a lritiai r folo'up Socur11 Assessment, cal 76) A follow-up srrLUM rruJL be tompleted before- the license expirallon clate to verify tha security inpoverrent havu bet3n 118 eurity Assessment has been previously completed, vffJL2 the complaiion date Se-cuibj Assessment was corrlplbLed on/is sththile1 for: Securftj Ass ementolcw-up was campluleil on/is schodued for: 'E) Cin(1ri U ect[eris A F hse 1111 ,on page 3. - iy v. 444-1 City f!ruikLyi.on trIutthk =4 Communily Standaras bepaAmcni 01 ShIrrilelVeA C'thr, MN 5!6-219 I Phone. 4? )5fl-1Yfl 0 TTY:711 4 BUILDING END COMMUNT? STANDARDS XJB3R"CO ;'øKLYN 53 Cflx AveN - Cel ENTFER Cnbr MP r4i Rental Lkiie Mitlawn PJ n Type IV Lkns etF'r A—Criaia Fiva Housfnd ,Pr6gra m Reqifr&mX (erfJmre FhaE€ iI J 1) 50% 2)flheRit, mE1in!. The A.R.M M UtAllig s rn Lrst be roTnpleled wth In the rentill 1Jn ml before the pen !Fn TypIV Lkn xpirtiqr d9t?. Reistrion is itot requl red. hoVb'eVrpU Tls1 sign-in during the meeirg. WrIe two e[IIi daLts an wnr or ageill p1er to Owner or agorkL will aflend A.R.M meUng heu1e or __________ 2) Have no iapeat code fokEIone prkiiiiy fuJmen1ed With 1he past year. Tho fbwinj aeficins are requlro'clfor proponles with four or rnorG tirlitE. 1)Ccirduc nidn1 trWning 9nrUaIly That inclurdes crime r.veventio ,n Eechn1que. 2)conduct regular rtdent meIiiis. Pu Z163 TypJVPriJ an, 4445 fty i 1IrikL CkL1r-1uIting Cmmk1nity andix pxtminI €1 Eliin c JPrwy, rrnkIyi iplt MN 4AO-1g F it -2L flY: 711 J m4:() BUTIIT1!7G 2LN1 COMMUNITY STANDARDS ityof E4'' IF455I Rent L[4 ,,ense MJlLor PlanCOER Type IV Liisr tkiis -=.Lg Term C!thI In1pro velilent Plan flas ed on co riditi o n, and irtd r epla cem e nt .d a t e s need Io be provided For common capltal tern, Funding should, be tnedored ardngiy, Rem. th a t a re worn, or othriife in violation prior to 1he eirned rep l acement date need to be rplced eoon&r. All ift a mr, must have a da'e for epr&ceinerd Dde. Dte such : inaure drfl kriow r wh1 br oke n" will n ot be aceptad, If you are rin s uie of 'itiii ari iem will reed lo be rep1ced. you tan rnake a prediction bas-ed the age, appe a ra n c e, condlilon ., or manurL1efmdu1ry rea ornrnen c^a t ion s - kldiliorh9l frnfomaticn on Expected Useful Life can be found at whud.ov. Item Date LatREpad Conflioff*Epa1d RepJacemoiitThta Eithc; W!erHeae, ..Mo'2Off'..hfay 2020. Furnace -pnTh 1O JiiIi 2 0 2 0 HEar 1ura 2010 June b -. KitdApp1nt Jt'/2O13 N JUn ei LaurdrtApplianices Ju I V hnrj Nil &oke All rm& Carbon Monoxide A larrns ALi9Lz1 20 -N .F-Aeraw If Ems P.inl/5kir Jiir 2DIO druno 2t25 R 15 011 A PAI 2016 N Jr2O4 Fence JurA 2010 G Jura, 2 04 Shed Ju-ie 2010 G Jt?i 2016 Garage J-un 01 Cl G itino 2040 Urvway Jura2O1D G .SidCw3]k Jitno20(1 Jur 20 Tr)ndilior, NwN IrF R eplacemcti tmR r'IR 1 19 a R4 F'i. Ha V. l-U-T jø1'n i1 —Th! 3fl ibi Ahingic Cr-Prnkwy, ernitn CnLr, MH 0,5411 ,21 as I P.hcc: f'3I0 j 1TY: i1 P: (1J flUXLtXNG AND COMMUNITY STANDARDSCity BROOKLYN 69434:clfaxfi-`4CENTER 5E41 J Rental LIcie Mitigation Plan StIJôii C—Steps to Imp -ave Mn emr and carfaffirons of Ppn1y. The REms in thiz se dimi 1i& been pUveIi ti qssfstv4lh propeny manageme-ni and prcparty The fo1lewi abn J 1 Check-in wJLh lanants evert/ 30-d/±. j 2 DrivE by property to dik Sos poibe code vct borkarkts fyi violaijon or thE lease or any addendum., !.2J 4) Rerna)n cuirent c.n.911 utilily fees,faxes e5&ment% firms, penIiie, 1r4d firancil ci m!paymen1 thie lo gle City. EIIJ 5) Oher: The for[mvIng an tfong rcF optional unless required: by thr.4 Cfy. U I) Provide iav&nw 2 Provide gaxbaqe serb'ice, JrisaJi eur1ty y1ern, fl 4) Prvie mafnlanancG serOm plan for ppI1aia, Na me if serfte comprj: U 011her- If IN Type iV-$ Month Rental iJcerise is pprovad by 1he City CounciL thE lioerEe musl comply wthapproved MIga1ion Fin amp aI pplile Ciy Coded. A written report must ba LrbFnitEd by tjjO I Othdy of edi month with ii U pdatFL of a.CtjonG ber taken by t1, Owiier ndkr NIgLba to corti ply with I1i Mit igatFor Frii. A t6py of the MonThly Uprf1E Can be found or page 7. A fiflablo Frn can be found on [he Cityc vb&ita L iiyo1bi-ooFJynenleror or caN {7) 539-333O to have an eFecronic copy satittQ yOL' %4,9 email. Please attagch addltiaiia inbrniatior it naceaapy. JVji M w3Pj, CftyG-eRtDr—UUi1d1Bff and CtanniUmityinrt tmn1Pricy. i-te PI,r: T: 7t1 JW' City of YXLThThJG AND COMMUNITY STANDARDS ROCKLN fBrodkSyn Lp4 540 R-ailtal Line Millgatioll PlanCENTER Type rV Loeno Sr) nd V1r1fy J Yefify thai all infamialion pr jded is two arid icctraLe. I un&1nJ that It I do not comp[ vilh the approved Mi1gaIkin Ran, comply with II R&TIS vilhin Ihe Iieen pEriod j Of oprt beyond Th'ficerise expirallon dalle, enforceiij -il j3dions such as tit?lkin&1 frrrnit tOmpifr or Ican revRwriy ruii. JuIini 1oø iri1?m']i1 TiT' (Ph,- j P(Iiifr __Q gzN Sici'rr Ad1i 'id (ffApp6VrjtLk9, AaPiJ c1wr& UtA2jri SçJ?arth? c1,y Sr aiIy I, id rr nu'q.v SIaI;r Ili1(li0I0 / 1f // fh'16' Papa Fii3 444-15 CIV Ci.nt ujj0 Eng and COMrIVOREIV 61'i Uir9feCreark PRAIMay, &riyn 'nrer, MN 55001211 0 1 Phfft". 1&) j TY 71 (T) &32fl Oty C©iuurdli Agenda Item N0 lii #2 [Ei1IJ[IJ I i I 3k!4 LU 1k'1 (I] 1'II )I1SJ I DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 44( ft* SUBJECT: Type IV 6-Month Provisional Rental License for 3000 62 w' 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 3000 62m1 Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on April 25, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on three (3) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and complete security improvements. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesces the quality of life for al/people and preserves the public trust [EI]JJiJ I fl U Mh'A LA I 3kA 0) ii asii Current rental license approval activities: 05-19-2016 The owner, Dan Soffa, applied for renewal of the rental dwelling license for 3000 62'' Ave N, a single family dwelling. 06-16-2016 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 07-18-2016 A second inspection was conducted and passed. 08-03-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-03-2016 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. 08-18-2016 A Mitigation Plan was submitted. 08-23-2016 The Mitigation Plan was finalized. 08-31-2016 The previous Type IV Rental License expired. 09-02-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 12, 2016. Prior Type IV Rental License approval activities: 12-07-2015 The owner, Dan Soffa, applied for renewal of the rental dwelling license for 3000 62' Ave N, a single family dwelling. 12-28-2015 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 01-28-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-08-2016 The $100 reinspection fee was paid. 02-12-2016 A third inspection was conducted and passed with weather deferral. 02-28-2016 The previous Type IV Rental License expired. 03-08-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-08-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-18-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-30-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-01-2016 A Mitigation Plan was submitted. 04-11-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesances I/ic quality of life for all people and preserves the public tilist [i[i1IJ[iJ I N U I alk'A LA I ak'A [I) iWI P]b3l Previous Type IV Rental License approval activities: 06-04-2015 The Owner, Dan Soffa, applied for renewal of the rental dwelling license for 3000 62' Ave N, a single family dwelling. 07-28-2015 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 08-31-2015 The previous rental license expired. 09-01-2015 A second rental inspection was conducted and passed. 09-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-04-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-22-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-30-2015 A Mitigation Plan was submitted. 10-01-2015 The Mitigation Plan was finalized. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. Mission: Ensuiiizg an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust 1I1ik19 I fl I I ak'A Uh'A I M'4 (I] 1'Il 111Jh'A I 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust ii1tIJJ[iJI N Dh'A Uh!A I I'A (I) 1I aIJ 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 time quality of life for al/people and preserves the public trust [EI1SJ[iJ IU I DA VA I Mk'A (1) 1II WJA 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 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 Ii[I1IJ[iJ I N N M'A U I UhY4 (I) 11DJJWA1 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 3000 62nd Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3000 62 AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3000 62nd Ave N, was issued a Type IV Rental License on April 25, 2016; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 3000 62m1 Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements 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 3000 62nd Ave N, Brooklyn Center, MN. September 12, 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. BUILDING AND COMMUNITY STJDARDS City of Rental License Mititon NanCENTER Type IV License HndwrlUii Mitigation Pfn5 will not be accepted A fIsbe form can be found on tile Gity's webzite at w'wcityofbrookIyncenter.or or call 763) 56933O to have an electronic copy sent to you via emaiL Properly Acid res: 3000 62ndAVCIWC Uorlh Owner's Name(s). van Soffa Local Agent(); Q'ir's Address: AgenL's Address: O'ner Pho'ne'; 12) 97-230 Agent's Phone; Owner Email: c1off1 Odgmall m Agent's EriTh Current Epiratron Date Pending Expiration / / Based on propertycanditlans andiarvaidated police nuisance trickients, the 2bove referenced property qualifies for a Type JV-6 Month Rental License Prior to application approval by the Gil3' Council a fully completed Mitigation Plan must be completed arid approved, by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license nppFicatiori process. The MlEgUon Plan should kid Icete the steps being taken to coned identified vlo1eions and the measures that will be taken to ensure ongoing compliance with City Ordinances and appltable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible s.Glulions to Improve overall condili]-ona of the property. If the Mitigation Plan is not ubmittd,and all items are not completed with5n the pending license periodor the above property operates beyond the license expiration dts, enforcement actions such es citation formal Complaint, or license review may result, Before submitting, f1lkut Sections A, 9 , aiid C located on pages 2. 3,4, arid 5 llI1 F Fl CLtY BrIJyT c iidiu Cornmnfty stidxepaitmt 6301 61lflii8 Crrk Prkwy moHyn MN 76 3-5O j 1TY: 711 — -$3) 543O. -- BUILDING AND COMMUNITY STANDARDS jCItYEy 3000 2nc AnLJ Noah_j Rental License Mitigation Plan CENTER______ Typo WLlcen5e Sections ACrime Free Kotsg Prgrm Requirements Phse 1) Use a w(itLn leasa agreement, The lee agreement shall I riclude the Crime Free Housing Lease Addendum. A copy of lease areem-nt and Crime Free RQUIng Lease Addendum must be attached to the Mititin Plan who submitted. EJ 2) Agree to pursue the ter nation or lease agrperTient of e viction of Lenants who violate the terms of the lease or any addendums 3) Conduct criminal beQkground check for all new pro eclive terkan. If it is a current tenant a new bckjround check is not required, Must be able to provide documentation to City if requested. 4 Mend a City approVed &h1-hvr Crime Free Housing training coure Info(mation for approved coursas can be found atwwmncpa.net wider the Thakifnq and Eves tab, A copy Mthe Crime Free Housing Corti9cale rnustbe attached to the Mtgtiofl Plan when ibmlttd+ Cdriie Free Housing training wes coniplared onfis scheduled for: Owner or agent de($11 pLanninq to attend training at city of, 5) Submit tvloriLhly Update by the 10 day of each months Phas6 [I RI 1) Complete a Security Assessment and implement improvemeflt5 requested by the Brcioldyn Center Police Department, To schedule an initial or follow-up Security Assessment, cell (763) 569-3344 A follow-up assessment must be completed before the license expiration d a te to verify the security improvements have been implemented. If a Security Assessment has tHlon previously completed write the conipleion date. Security Assessment was completed onlia scheduled or Security Assessment follow-up Was completed orls scheduled for: Continue Sections A Phase ill on page 3 Po gue M TY06 Ivnervo Li? Mftigaftf FYan, Fkw $44 Cfty Bôly itei—atkUnq 5O1 &iüi r€ek Prwy, cnr MN 4219 PhorF t7E.) 71?; 711 I F; (73] E€933EO BUILDING AND COMMUNITY STA" ARDS City of 3OOO 62nd Avenue HorM Rntat Licne Mitigation PlanBROOKLYN Type [V License etlon ACr1m Free HQusing Program R equirements (continued) Phase III 1) Owner or agent will attend at minimum 50% (2) of the AJk,M. m1Jngs. The kR.M. rnetings must be completed within the rental llerise period and before the pending Type IV License expiration date, Registration is not required, however you must sign-in durirg the meeting. Write ONO n1eLing dates an owrir or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: and__________ J 2)Have no repeat cGde vialalfons previously dOciJrnentd with the past yer. The tollowfrtg aotions are required for propetFes with tour or more units. JJ 1) Conduct resident training annually that Includes Orime proventlQn teohniques. J 2 Conduct regular resident meetings. Page A.'6 ravir Par? Re v. 44445 City of bo1[yit nler ütg and C*rrunukdEyStandar4s Department hpi-brooklyme &]O1 hirii Cre Prkway, rci!dn CE.nr. PA U-29 J Fi?0) I TTY; 711 I Fax: ?M)569-5336D 11WLDING AND COMMUNITY STANDARDSCity ofROELYN r Avenue Rental License Mr(igaten Plan Type IV Llnse Sctlo B—Long Term Capital !rnprwemem Plan Based on condition and age, estimated replacernent dates need to be provided for Common capital items. Funding should be considered accordkly. Items that are broken, worn, or otherwl Fri Violation prior to the estimated replacement date need to be replaced 500fler. All Items must have a date for Ermaed Rep cement Dae Dat suth : unsure" don't know or uw h e broken" will it be accepted. If you are unsure of when an keni will need to be replaced, you can make a predic1on based on the age, appearare, condition, or manufac(ureflndutry reconirendaori AddWonal Information on Expected Useful Lite can The found at wvwiiudgov. Item Date Lt Replaced Condition'Expected Replacement Date Ex ample , WerHeeter May 2010 F May 2020 Fjmare 15 F 2025 Water Heater 1990 F 202 Klchen Appliances 195 F 2025 Lev rtdryAppUanc i95 F 202 Smoke Alamis! Carbon MonoyWe Alarms may 2012 G 2017 Exterior lern PainfISWing 2005 2017 vftftvis 1965 2025 Roof ! Fl 2020 Fence Shed Garage 195 200 Urveway 165 2030 Sidewalks 1S 200 Other: CondIUun Abbravi5on: NewN Gaod=G Fiit=F Nth jnci1=R ftga VS TJVrarLq- fç'p. 4-1-145 CiFF Of R20614n OuLter—BuIlding and CDmmiuthy Standatttfs Department 0201 Shng C ekPnr14wa Brci*Jy'i CnI. r1ThJ -2i0 1 Pon: (6] 55,341,430 1 TTY 711 1 Fn (?) O-]6D RUILDING AND COMMUNITY STANDARDS CENTER Rental LkMratkiP:n Type IV 1.1consie Sections c--Steps Improve M0,qag0Tnjqnf and CandiUots of Frop-efly The kems in thIssectioil have been proven to assist with property nanagernont and property Image, The following actions are required; [] 1) Check-in with tenants every 30-days. FV 2) Uflve by property to deck for possible code Violations, 3)Evict tenants in violation of the tease or any addendLrrn, 4)Remain current On all utility lees, taxes, assessments, iine5, penetfles, and other financial oIaimpayryierts due to the City, 5) Other: - The following actio M5 are optfra1 unless required by the City. 1)Provide JawrVsnow service, 2)Provide garbage service-;* Install security system. 4) ProvIde maintenance gervice plan for appliances. Name of service company: 0 5) Other:_ It the Type IV-6 Month Rental License 15 approved by the City Cuncil 1 the licensee must comply wiTh the approved Mitig2ffon Plan and all applicable My codes A written report mast besubmitted by the o th ot each month with M update of actions being taken by the Ownerand!or agent to comply with this Mitigation Plan. A copy af the Monthly Update cii be bund onpage 76 A fillable fomi can be found on the City's website at %NWv.cibjofbrooklyncenterorg or(763) 569-330 to have an electronic copy sent to you via email. Please attach additional information if necessary. P6947 &5 Tp v A(i Fn, fie. 4'4 '5 1t!j ! TQktyIL Ci —uUditig and Cy fl0p31±nt6301 shingle C-reek%evw nOiitrMN 430 -19 I -ao I T1711 I F;{7)56-33O City of 31000 BUILDING AND COMMUNITY STANDARD S 62nd Auø North JRe nta l L i c e nse Miti ga tion Pl a nCENTER Typo IV L ic ens e Sign and Verity I \refffy that all In'l0 fm a ti O n provided is true a lid accur a te. I fnderthnd that if do not comply w]fli thepproved Mi tigation Plan, comply with U items within the license period, o r operate beyond thfir-ens ex pira tion date r e nforcem e nt actions Such as c.atiori, formal ornplTnt, or liconse eviwmay result. L 4 Q'rir or Ajg e fl I Narn e ej)d T?YJe (pp A SB Piirir) thq-jer orAjir S/nzktre - Mdkin a t OWE o r A rgvM N,rne B fAppc-2b(e, ploase FWu) A9rlt (if AppX(cbie) OaI cyffonly A 0/-^,(1J2 pa,m / g f 13mmuJ1Iy Sx$rd jvl-- - ^d -6;91 ^ - Typ9?VRLIi?,lS FJ.ir, J39v. 44445city Mer-RuIdk xmi Iuny bp-tmet Oi &iind Creek Parkway, B?kIi CEilkr A1 'J21Ei1 Phore:(73) ETY 71 I Fa7)59- City Cill Anda Hem N©0 1 #3 [I[I10k04 I fl 19 DIh'A U'A I I'4 (I) 1II IIBIh'A I DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 4013 65 th 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 4013 65th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on June 13, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type I Rental License based on zero (0) 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 t2-914.3.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 [III]JJSJ lu I V akv'4 LA I MTA (I) UI Ilik'A I Current rental license approval activities: 06-16-2016 The owner, Gao Qiang Liu, applied for renewal of the rental dwelling license for 4013 65th Ave N, a single family dwelling. 07-05-2016 An initial rental license inspection was not conducted. No access was provided at time of inspection. 07-06-2016 A second inspection was conducted and passed. 07-20-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 07-20-2016 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. 07-20-201'6 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 08-12-2016 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. 08-17-2016 A Mitigation Plan was submitted. 08-23-2016 The Mitigation Plan was finalized. 09-02-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 12, 2016. Prior Type IV Rental License approval activities: 03-31-2016 The previous rental license expired. 05-02-2016 The owner, Gao Qing Liu, applied for renewal of the rental dwelling license for 401365 1 Ave N, a single family dwelling. 05-19-2016 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 05-23-2016 A Mitigation Plan was submitted. 05-24-2016 The Mitigation Plan was finalized. 05-25-2016 A second inspection was conducted for the exterior items. All exterior items were complete; could not gain entry to verify interior corrections. 05-26-2016 A third inspection was conducted and passed. 05-27-2016 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 05-27-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-31-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 13, 2016. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [S[I1IkSJ I I I MYi U'A I 31k'A (I) 1I i1SJ I Previous Type IV Rental License approval activities: 09-30-2015 The previous rental license expired. 05-02-2016 The owner, Gao Qing Lui, applied for renewal of the rental dwelling license for 401365 th Ave N, a single family dwelling. 05-19-2016 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 05-23-2016 A Mitigation Plan was submitted. 05-24-2016 The Mitigation Plan was finalized. 05-25-2016 A second inspection was conducted for the exterior items. All exterior items were complete; could not gain entry to verify interior corrections. 05-26-2016 A third inspection was conducted and passed. 05-27-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-27-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-31-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 13, 2016. Previous Type IV Rental License approval activities: 03-24-2015 A $125 Administrative Citation was issued for not submitting a Mitigation Plan. 03-31-2015 The previous rental license expired. 04-02-2015 A $250 Administrative Citation was issued for not submitting a Mitigation Plan. 04-10-2015 A $300 Administrative Citation was issued for renting without a license. 04-22-2015 A $500 Administrative Citation was issued for not submitting a Mitigation Plan. 05-07-2015 A $1000 Administrative Citation was issued for not submitting a Mitigation Plan. 06-25-2015 A $600 Administrative Citation was issued for renting without a license. 06-26-2015 The owner, Gao Qing Lui, applied for renewal of the rental dwelling license for 4013 65 th Ave N, a single family dwelling. 07-20-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 07-21-2015 A $1200 Administrative Citation was issued for renting without a license. 07-22-2015 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 07-23-2015 The property was posted as unlicensed. 09-10-2015 A second inspection was not conducted; no access was provided at time of inspection. 09-23-2015 A $2000 Administrative Citation was issued for renting without a license. 09-28-2015 A third inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 10-15-2015 A fourth inspection was not conducted; no access was provided at time of inspection. Tenant stated they did not receive proper notification of inspection and wanted to reschedule. A $100 reinspection fee was charged to the property. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/people and preserves the public trust iiS1IJcSJ I R U V *hYA U I $YA [I] 1WI I1IJA I 10-29-2015 A fifth inspection was not conducted; no access was provided at time of inspection. A notice was sent to property owner for a follow up inspection to be completed on 02-01-2016. A $100 reinspection fee was charged to the property. 01-04-2016 A $2000 Administrative Citation was issued for renting without a license. 01-25-2016 A $2000 Administrative Citation was issued for renting without a license. 02-01-2016 A sixth inspection was not conducted; no access was provided at time of inspection. Tenant stated they did not receive proper notification of inspection and wanted to reschedule. A $100 reinspection fee was charged to the property. 04-13-2016 The Housing Supervisor submitted the correction notice via email to Sam Liew, Property Manager. 04-26-2016 A seventh inspection was conducted; corrections complete. A total of $400 in reinspection fees remaining. 04-28-2016 The $400 in reinspection fees was paid; rental license passed. 05-23-2016 A Mitigation Plan was submitted. 05-24-2016 The Mitigation Plan was finalized. 05-27-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-27-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-31-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 13, 2016. Previous Type IV Rental License approval activities: 09-30-2014 The previous rental license expired. 10-20-2014 The Owner, Gao Qiang Liu, applied for renewal of the rental dwelling license for 401365 1h Ave N, a single family dwelling. 10-30-2014 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 12-01-2014 A second rental inspection was conducted and failed. 12-15-2014 A third inspection was conducted and passed. 01-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-07-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-18-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-24-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 04-02-2015 A $250 Administrative Citation was issued for not submitting a mitigation plan. 04-10-2015 A $300 Administrative Citation was issued for renting without a license. Mission: Ensuring an attractive, clewi, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [Ei1iJc.J I fl N N MA UYA i ai'i o iii mJ i 04-22-2015 A $500 Administrative Citation was issued for not submitting a mitigation plan. 05-07-2015 A $1000 Administrative Citation was issued for not submitting a mitigation plan. 06-01-2015 A Mitigation Plan was submitted. 06-05-2015 The Mitigation Plan was finalized. 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held June 22, 2015. If approved, after six months, a new rental license is required. The license process will begin in four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 al/people and preserves the public trust i1Ii[ii I U N N 31k'A U I Ik'A (I] 1I 1IA1 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 and preserves the public trust [EI1IJIJ I fl V V M'A U'A I *A 0) 1II I1IJk 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 am/preserves the public trust 1Sk[SJIU Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ]JJh(SJ PU I I M4 Uh'A I IhY'A [I) 1iI 111h'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 4013 65 " Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4013 65 TI AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4013 65th Ave N, was issued a Type IV Rental License on June 13, 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 4013 65th 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 4013 65th Ave N, Brooklyn Center, MN. September 12, 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. BUILDING AND COMMUNiTY STANDARDScitycf BROOKLYN RCCENTER Rental LIcrna hiltigafl-On Plan Type IV Ltrie wiff riot be ac cepted. A fillable form ran be found on the City's website at wwcityofbrOOklyrentr I (76) 3O to have an eledronic copy sent to you via email. Property Address: 'L"-36ih One' t1iyies): Gan OIEr Llu Local Ant{: Earn LJ'4 Oiies 14c411mLr Aena Address: 14 5 Otzr ver's Pho: 4QO Agens Phone: 43UD Owier' Eniail; vcrn Ar1$ Eril: sBrnIl1 &jllecom Curirt Extetir Qatel ) Cp Pdii Yatior Dt; ) - I // I31t monlhs, rrm !urrr1t .rn) L I aai1 ort prçarty conditions aiid!or vakdaad çiol nulrLa lrick1ant, th aiO1ia refarncd property ivahftes for a Type IV Month Rental License- Prior to applcation approval by the city Coimdt a fully rornpleted M la1in Plan must be plel and approved by City staff, A Mit liOfl P1ri must be completed immediately in Order to ensure timely complelion of the license application process. The Mitigation Plan should indicate the steps being taken to cof rsclldarttftid violations and the measures that wil be taken to ensure ongoing conpilarLte with City Ordlriane and applicable codes. A MItiatlorL Plan aiivs the omr W the City to review cOflm nd ldiUy possible soluVons to Improve overall conditions of the propriy. If the Mitigalion Plan is not submitted, and all items are not completed , within the pending license pelod, or the above property operates beyid the [tense aPfr1I3, date,enforce-merit aciws SUCh as citation,toniial cornp!aint, of linae eaw may result Before subrnEttin fill-out Sections A, 13, and C located 1 pages 2, jj 4. Type iFr city t kttrr—=il&ig Coxrimuiiity Standards rtcn Q1 euine BOk Ont kIN O1 Fhn: (7) -o I flY 711 I (? E'D BUmDDrG AND COMMUNITY STANDARDS Cilycif BROOKLYN Rental License Mittti PlanCET Type IV Ltcete Sections ACrirn Free Hs!Prgrnx Reqt Phase I [j 1) Use a witt1 lease rne't The 1ase agreement shall include tlie Crime Free Housing Lease Addendum.. A copy of the tease agreement and Crime Free Hour-Ing Lease Addendum rn ust he attached to the Mlt1atton Plan when submitted. 2)Agree to pJrUe the termination or rea5e agreement or eviction of tenants who violate the tet'rn the ree or any addeindums, 3)Oondoctconduct crimirt bckroirnd check for all uiec't prospectIve t larits. If it 15 aiwrent tenant a new background chck is not reqolred. MUst be sble to provide durnenta1ian to City if requested, J 4) Attend e City eppoved eight-hOu Crime Free Housing training course. Informatiorl for ppod rses can be found at wwjnncpa.net under the Triiiti; and rve nts tab, A copy of the Crime Free Hous1n Certificate mist be attached to the Miligatlon P1ri when submitted. Crime Free Housing training was completed on/Is schedulind for,: Owner or agent attendedills. prannIngto attend trsiriirg at city of S A LouIs Perk & Submit Monthly Update by Me I e day of each month, Phase 11 EJ 1) Complete a Securr kc-sessraeM and. Implenient improvements requested by the Brooklyn Center Police DetmenL IC schedule sn initial or foIlci-up Secuñty Assessment call (76 $44. A follow-up aeient must be completed before the license expiration date to verify the security improvements have been Implemented, If a SewNty Assessment has been pielousl' completed, write the completion date. Securty Assessment was comp4eted onlis schoduled for: 527h1 Security Assessment foltow-u p was completed onus schediied for Continue Sections A Phase Ill on pe 3. 215 - / MiIv F.Ray. 444..1 C ti1 5hinl Crh Prkwy, flruyr Cr4r MN i-21r5 I Q M711 I F 763)M&MMO 1 Giier or agent vAl l a tte M atrnInImunj O% 2) of the ARM. rnetirig Th &FU!1. meetings Mgt be mptd 1 thEn the rIIis encd rd bfweThop1dhig Type IV License oxpirticiri dath. Reg i s tra lion Is not %v qu i red, ier you mustsign -in dufl n g the meetin g . Write two rneiirg da tes an owner or a g e nt pq to 17Ownett 59ent will a tlerl d kR.M meelijigs schedi,itdo il; 7f Have no repea t id %lofations previiu dacumted with th p&t r. The fo l lGwIng a r tions a ro rqt.tred for propertlin with four or more E 1 ), Cond uc-t res ^dan t tta in ipo ann u@I L*y thal inducles crime prevention t ectin i ques. 2) Cnthj't regufarie s id e ntmeeft s - Paga 3 City O F HXOClklCeaiferj44j &d Gormny4 ni ly 5tndn rrnot Fark, kJn c4 MN .-cO-21R9 I Ftpe: Q) IVY; 711 I F I7J 6a-t) BUILDING AND COMMMMY ST AN DARD SityofBROOILYN I RnLa Lirae Mitl !g atton Pl a nCENTER Type V LIse Stone E-Lw 9 Tern, CptLI lmpr o vemntFIari aei on condition and age, estim a ted replar e ment, dalesneed to be provided for co mmon capita l iteni. Fvridinq should be wris tcl e red a,=rTingty. Iterns that are bmken, vji or affieTvArse in vlolatiort prior to the sstIrtai replacement date riee-1 to be re p laced sainn e r. Alt items n1LSt h a ve a d ate for EiIR?pJienieitDole. D2t tih a: unsure1 'dnt Inow", or 4 wheii broker w i ll not be accept e d, Ifyu a re uri&1e cFf when an 11rT Will need to be repoed, you cn make a prejctn based on the ag e , appe ararice, coridtiôn, Or mture/irtdiith' reomrnendatu&, Additional n'Min on Expected UaI Lire cri be round at wAvhudgov. tm Date Last Rp[aad C o n d ition* Epatd Rep1acernet Date Exmp1e: We& iW May 2010 F My 2020 Fumace 2 2019 - Wer Freer 201 KiWie nApprinc6s 2014 201 Lundry Appl ian ce s none Smoke Ariist Carb on M o noxide Alarm s 2014 LYtp-ri - qr Paint/Siding -______ 2020 Mndciw5 213135 2020 Fe nce Sted Garage Driveway 2020 - S id ewal ks F1 e t1Ufl NQ ionflFion ArevitiDr: Fir=F Pao 416 Type W Pal-31 L.4mse A(Qi^aftvi AM, Rov. *-1 4 -15 City no ly -Btii1d1ig -flLUth7 tHi brmit Ciu Fatky. rcmk!-ifl MN C54J-i9 76 0 TiY 71 I BUmmNG AIM COMMrjurT ZTANI1ARDS CEA- T'i N'TER R*ntJ Licanso Mitigation FIn Type IV License Sctwi to ImpFo ve Mn geinnt and Condifibins of property The Itema in this setiori have be on proveil (GassIstwith property mangernent and property tniae. The foIkw]rg utions a re reqti 1r: J[ i) Ctieck-lri with nrits ever'J 30-drys. 2 Drive by prcprtyto cheek for possible code tuns 3)Evlr t"ants in violation Of the fease or any adde.ndurns, 4)Remain curreton all utility fees, taxes, assessmeT118, fire, pntie, and cUerfinancial cfaftrWpaymenfs due to the City. 5) Other The flown act[ons are ptiorat wfle5s required by the Ciy. } Provide lowlenmv servie.a. 2)PrMde garbage seNco, 3)lt'taIi .ecurity sytarn, 4 rcviiie maintenance eervlca plari for appiia. Nare of seRqce carnpny; - -Ll 5) Other; I1 the Type IV43 Month Rri Lierpe is apped by the City Coricii, tI10 llctrk.See mu 'mpywith the ripprwed Mitioation Plan and all appiRabie City Codes. A wifften rpFt must bubniFttd iy the day of each month with an updata actions halng taken by the owneraifQr agent Lb ompIy with this Mitigation Pin A copy of the ?lonth Upte can be found onpage 7. A fillabte torm can be founo oil the Cits webite at or cot](763) 5-O to have ani ereroriic coY,' sent to you vla eraii. Please atIah o.dditional informagon if k1ftessary. Tppe 1 1PI F IL f'.2 lWirgaetvi Pth.i, iW. -IM5city tkIyi —Bti1Hig wad Conitnumity ftndard s fl I J 1TV71I I XE349 AMIMMM Buflir?IMC AND COtTMUNTT STMDJtREs BUN LT ype 11tOfl PIn - lVUcne s9ii ind Vy verify that all lnrcrrlin provided LS inre and arxUrate, I undrsid that If I Oo not oomply witb the ppved Miigat]ti FFri, comply iU1 all items withiri the licrse p e r!d. or opetate bey&nd thE J!ré epirIr date, enforaerm,5ntpothns such es citations, formal omp(aint, or license rew miy result IIu and Tj ( P,1rif / 7/1 E(UD1 Saftir 4ccctsOwner or /jI and T P,ea F)ii) - Mcwf Owf of AeJ?I SipMft Cty S t&ff oy Pct DparR Dale 1 S91 f If A page as T cvi P P City tffnrum dp Ct Cinmiiiiiy w.wJynciWrjC31 enakFn ntsr, ,jN lLt21$ J F1t: I TTY; T11 City Ctirninill Agenda I[trn N©0 1©a #4 [Ei1IJ[* I U Mk'A U I k'4 (I) 1I P1IJ] DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk I^W44-r^^ SUBJECT: Type IV 6-Month Provisional Rental License for 5748 Humboldt 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 5748 Humboldt Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on February 08, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on three (3) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to 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 pub/ic trust UJ[IJ IU V I M'A Uh'A I k"A 0) t1'II LV41 Current rental license approval activities: 05-3 1-2016 The owner, RHA 3, LLC, applied for renewal of the rental dwelling license for 5748 Humboldt Ave N, a single family dwelling. 06-20-2016 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 07-20-2016 A second inspection was conducted and passed. 08-03-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-03-2016 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. 08-11-2016 A Mitigation Plan was submitted. 08-24-2016 The Mitigation Plan was finalized. 08-31-2016 The previous Type IV Rental License expired. 09-02-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 12, 2016. Prior Type IV Rental License approval activities: 07-29-2015 The Owner, RHA 3, LLC, applied for an initial rental dwelling license for 5748 Humboldt Ave N, a single family property. 08-20-2015 Arrived on site and was notified there were open permits for windows, electrical and roofing. Rental inspection was refused due to the open permits and the house under construction. 09-21-2015 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. Permits were not closed and work not completed. A $100 reinspection fee was charged to the property. 10-16-2015 A $100 reinspection fee was paid. 10-21-2015 A second inspection was not conducted due to owner/manager failing to attend inspection. A $100 reinspection fee was charged to the property. 11-04-2015 A third inspection was not conducted due to owner/manager failing to attend inspection. A $100 reinspection fee was charged to the property. 12-01-2015 A fourth inspection was conducted and failed. 12-16-2015 The $200 reinspection fee was paid. 12-21-2015 A fifth inspection was conducted, corrections complete and passed. 01-05-2016 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. 01-19-2016 A Mitigation Plan was submitted. 01-28-2016 The Mitigation Plan was finalized. 02-01-2016 A letter was sent to the owner notifying that the hearing before the Council will be held February 08, 2016. Aiissio,z: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust iflJ[iJ I fl N I Wk'4 I'A I 1k'A (I) 11I I1IJk I If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan 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 ilfe for al/people and preserves the public trust I1i1IJSJ I fl I I hYi U I IYA (I] 1Ih1 I1SI01, I Rental License Category Criteria Policy - Adopted by City Council 03-0840 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 (must I[I1BJhIJ I fl N N Mk'A LA I k'4 (I) 1II I1SJL"A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 time quality of life for all people and preserves time public trust 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 5748 Humboldt Ave N Mission: Ensuring an attractive, clean, safe, inclusive coninninity that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5748 HUMBOLDT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5748 Humboldt Ave N, was issued a Type IV Rental License on February 08, 2016; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5748 Humboldt Ave N, Brooklyn Center failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5748 Humboldt Ave N, Brooklyn Center, MN. September 12, 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. 33UIMING ILND COMMUNITY STANDARDSCilydBROOK LYN Rental License M 1atior Plancmff ER TyI IV License Mfflgt1on Prrs w1i f be ccepecJ A filabie form can ba bun thE City webie at iyofbrookiyncenter.org or c;311 (7&3) 5633U to have an elar-UnnIc c6py sent to NJ Yia email. Properly Address: b6it Ave. N Brooklyn 0-anter, MW &'nera Name(s): RHA, LL Looei Agent(s): Htw:eNBrxk Hurne, L1 Owner's.Addrew T 11 cr Rd WtJi1 MN, 51111, Qwnera Fhiie: 47) 20e-0 Owrera Email: rha@havenbrookhcom Current Expiralon Date: (J.3i ( Agent's Address- iii County Rd fl Iq4 RcrvlR, 11lN, 5S11 Agent's Ptr;ne O}O gent's Email: Periding lExpflaiion Date; L/?ø f7 k/ (Shr. mt1lh5 firum currc xprLtn Based On properly c6ndiffarx. andr valid eted police nuisance incidents the above reInced property quatifies for a Type IV-6 MonTh Rental Licn se, Preorloapplication appvai by the City Coirnil a fully completed Miga1Fork Plan muel be completed and approved by City staff. A Ma1wi Ftrb 'iiuSt be completed immedialely in order to ensure timely complation of the license apltoetion proce. The Mtiation Plan should indicate the steps beIng taken to correc.1 iden1ifed violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes, A Mitigation Plan allows the owner and the Oily to rovlaw coftn2 rns and dentij possible solutions t improve overafl conditions of the ppert. tithe MitiElien Plan is not submitted, and all hems are not completed within the panding license erid or the above propety opeiates beyond the li&ense ephralion dale, enforernant igctlons such as citation, formal complaint, or license review may resifil Before ubmltting till-out Sections A B. and C located an pas Z a 4 and 5, Fbo 1A 7)p (V Rr' JSr'in U0,pW FWV P. 444 tty kly hicr and COMMWAY 1:1rne1 1j,it 5hinIi ck Pithw', 5rikFn Cnr, Ml 4)-1U I Pjicr'x tTJ 1 TTY! 711 I F: (7) cO BUILDING AND COMIrErNITY STANDARDS CiIyoi -]ROOXLYN 5748HumbobI:AveW CEN1ER Brooklyn CeWer, NN Rantat License Mitigation Plan Type W License .Sdiorts A rime Fi.e HousIng Pro gmm Rfrerneit Phase [] 1) iJr a written lease agreament. The lease atiyaerrent shalt inducie ll-e Crime Free Huu5ing Leee Addendu m A copy of the [ease ajrewiont and Crime Free I4ual ng Lee Addenrni miat be attached to the Mitigation Plan whan submitted. 2) Agree to phe emiin1iori or rea&e agreement or eviction of tenaras. who violte the term of The -,ase or any addend urns . Vi ) Conduct criminal background heck for all new propclive tnnan1. If iUaa current tenant a new background check is not cqtiIred. Must be able la provide documentation to City if requested, 4) Attend a Cfty approved -olhLhour Crilmo Free 1uin training course, Information for approved couraee can be Found at w..rnncpa.nt under the Tr -'?fag and Events tab. A copy of the Urria Fe HOLISI Gaiitifate riut be attached to the Mltatior Plan when submitt4ed, Crime Free Housing aklri was completed OnA5 shedu1ed for: 51'20f14 Ovrier or agent att defii5 planning to attend training at city of: E1 ) Submit PonlFly Update by the I O r-' of each month. Phase fl J I) Complete 9- 13ecurEtyAwe55menI end implement impro'ements faquestod by the iookFyn Center Pcifice Department, To schedule an initial or follow-up Securily Assessment, call (Th) -344. A follow-up B assmer must be completed before the lIce re expiration date to verlf the ecurily irnr vernene hare been implemented If a SecuriyAssessment has been previously completed, wrile the completion dates Security Assessment wae rompFeted anhss6odufed far , Security A rnent fe1lv-iip was completed eni9a acduFed for; 2i291i ContFnuo Soctlorts A 1 Phase ill on page 1 'iJ iJg ji99p, Riv, 44615 City of ooktyn 0-ante -r—%diding and Comriumty Slandarde Department E71 6h Ing IuCrnk P0,Awy,E xiki Cjnt@i, M5i-1O I F?r [76)5 -oaD I TP' 11 1 Mar: 476 HMMING AND C OMMWXTT STANDARDScity of 6M Humb*t Ave N CENTER j}Ii 0nIr 1 MN F'eriLaI Llcs Mtlja1kii- Far Type IV Lknso 84cllon A—Crin;e Free HotisIIW Program RoqzzIriionL thh#t Phase III 1)Owner or a0ent will auerkd at rnhIrrni 50% 2) of the kRM. meetings. Th &R,M. meetings must be completed within The piic1ing Type IV Lrcere expiriFori date, Reis1rIion i not IqufrEd, hweer yüu must,sign-in 1ulng ih meiing. Wi lwQ meeting thles an owner or an p12n lo Owner ar age nI will attend AR 1. Tneeiings scheduled aw 2 Mave no repeat ore violation previously documented with lh? pi year. The following actions tquhed for 1prop8rti with four (4) Grim Oro unite. fl 1) Conduct resident IraFnIngannualtylihat includes crime prevention techniques. 2)Conduct rrju lr rdexi rneiirg. Pffle 1'k9 r?. J1i.l-4-r5 City Of Bioalklyki. Gervidr—BuildIng and Conni ruly St&ndards Dnpartmeni 631 Shinglerek Pi1ay, nCrrIr, MN 5543D-219E[I Pn I nY; fli 1 Fac J763) BffiMffl rnJnDmTc3 AND COMMUNiTY STANDARDS --[ CMIM 13NTER kF/erXJ Rental LkanseMjaLionPlan St1oi, R—.L,ij T*wm C apital Impôvernt Fi 8ased on cndition and age, eetimaed replaamant da tes need to be pro v ided for corn rnan ca phal itern, Funding s h ou ld be co n s.Ideed dingiy, hems 1ht are broken, worn, or 1harwie in tdtir prior in th irnfad rpiemnt dale need to be repla ead suonar, MI Lem must have dta far lJrnn(ed FpfL9em enI Oe Dates suchas: I1siJre, don krowlF. or 11 whe hroen will not be aeepted if you are u neure al iihrL n i t-ern will need ho be replac e d, you cari m a k e .a predidiari based on 1heae, appearance, cordi1ion, rirEiidiiin. Addil iQnal infornial Bo n on Expected Ueefii Lila c a n be fQ und atwvA'huduv, Item Date Last Rui1acd Co ndifion ^E>potud RepIarnenC Date WY I-feater May 2010 F May 2020 Furnace TJ 11115 1 - Water Heater 11/D15 I 120 Kitchen /pphiences.Th'1112 Laundry ptiances NOnG nioke A1xms/ Carbon Maiode Alarms 'N Extritr Item s Faint/5[din IflpId11 11!1Y Windows Ihp111?1 G Roof ir*PwEd T 1115 G 1125 Fence Shad Garage inupirdcd 11115 11/5 Driveway inpted1i1S G i120 -5 kfewalks in6peted 1 I F tit Other; CDndithn AbbreL: NeN FBIrF Ke eft Rpii-wnLR P'l Ex 4i 7p 1f !a Jxa'g NVY Va 1f? P),wi. v. 4441 Mly 6EB3dyn c ttr—BEiflding a Li d C 1 rixmunitjr R inda 1&i 8 3 01 tr? CiiIc rrsr, C-il, W 540.21 I Rir; [7'0%,) 3-0 1 TT( 711 I F: I] -3a AT,tTZU1MC AND COMMU11TT STA1DMS ity oi . 7HixrbokitAvNOO 8rorIr CE1t&, MF Rnthl Lir€ne TitiMIon PlainENTERType P/ Lkrs Seotlìoris -Steps to improve M a n agemDnl and Condifiong of Property The hems in ibis 5ection have been proven o isshst with property m ment nd property Image, Tho following attions am tLirEd: EZ 1) Ci cknw1h tetry3A1-dayE- Ltj 2) Eldve by prpty lo check r ibFe code ioialons 3) E?il $Ers nla in violation of the ease or any addendum. [?I] 4) Remain cuirent on cli tiliiity fees, axe, eeritit, fines, penIlis, and other finrbcisi cFcimsipcyments due to the City. Other: biannual mariInara lnpaHôri ma following actipiris are option un;esu reqtti red by tha Cit I) Prôide D 2) Priiiitfe U0rb$ D insialt sec'iriy 0 1) Pwride m9inenamca service plan for aptlanc. Namre ofvicecorripnyci 5) IF Ifie, Type IV-6 Moith Rental License is approved by the City Council, lha licens must comply wih the appirvved Miligation Plan and Ei applicable City Codes, Awrttan report must ba submitted by the 10 day of cat month with an update of aations being taken by th owrar anr agent to corn ptywith this Mitigation Pian A ropyot]i Mn1hiy Update can b& fou ndpji page? A iiUabie Form can be Fuund. on the Cilys vtebstte at Lyoro}.Iynoenter.or or tall -330 to Jiave an electronic copy sent to you via email, Pieaaa ]ttath aditir1 Information If narAtsarY. Pwe5/J' wirf 1? Ejfljr? Ptt, Rev 4144-155 CAly of iukLy tin—BiiTL g ;ind ComnlltmliV MIII1d Dktrn.n r.i3i Ship r!!ch Porkwzy,rc1Iyn Carr. i TTY: 711 1 FE - (763.1 M19-3315-0 BUILDING AND COMM1fl'ITY ST1)AD MMW R() C)XjyW 570 Humbd1AN CEN1ER fi rootl yn Canter, MH Re n ta l Lic a nst MitiqafiD n Pl a n Type IV L ic en sa 9fl and Verify I veriry that all n1brmatkn provided is irue and accurate, I understrui that III do not comply wi t h th e apprwed MfiFg atiun Plan, c o mply with all ffema w1thn the leneperld, or Opra1e eynd the license epiation date, enforcernen actions such as c1 l ati o ns , formal Complaint, or liceis& rtw niay T esu IL Scolt Bec k - DirEdc'r c4 Op Efs fi om MinnsoI v A r) v) 0 Mcrie iiyd flub (Pk FdT'.9 Owieror fit D4e Tfti'a y&'aiie, Pas 1) JVoJ39) Clwir 1.ert &JJure (if AppXti Dote en Pi*oa Dep a rlolowl LJfitI( /Q--- Faa^— Aiiiy Sr.Ld Mr?iwi Fu 1W T08 WurLen Y'?Fai, J i1tlyn Cmi fty i1Wtt i -iin1 rc F'artwi r1ri I Ph'c': [7) -391i I TF: 711 P F: (-35[ City Council Agenda Item No. IOU [i[I1IA'[J i I"A Uh'A I k"A 0) 1IflhIJA I DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director 1IL SUBJECT: 2016A General Obligation Improvement and Utility Revenue Bonds Recommendation: It is recommended that the City Council consider approval of the attached resolution providing for the competitive sale of $5,655,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A to finance the construction of Palmer Lake West Area Improvements. Background: On August 8, 2016 the City Council adopted a resolution setting the date for the competitive negotiated sale of $5,655,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A. We have attached a copy of the Official Statement which describes the bond sale in more detail. 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 12, 2016. Doug Green, Vice President of Springsted will be present at the Council meeting to discuss the recommendations for the sale. Palmer Lake West Area Improvements In 2016, the City of Brooklyn Center entered the 23' 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 # Palmer T th - 4 4t 11#Avenue 1tom -e , ii AAvenue lfl I1 01111 city 1miii IS, exeiuuing r iiiiii 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ((fe for al/people one preserves the public trust EI1e[sJ I fl I I ak"4 U I ak'2 0] 1I IIA I 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 project was 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 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 Proceeds from the bonds will be received October 13th 2016. Strategic Priorities: o Key Infrastructure Investments Priissiou: Ensuring an attractive, clean, safe, inclusive coinnutnity 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 AWARDING THE SALE OF $5,655,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2016A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Brooklyn Center, Hennepin County, Minnesota (the "City") in regular meeting assembled as follows: Section 1. Background. 1.01 The City is authorized by Minnesota Statutes, Chapters 429 (the "Improvement Act") to provide financing for various public street improvements in the City (the "Improvements"). 1.02 The City is authorized by Minnesota Statutes, Section 444.075 and Minnesota Statutes, Chapter 475, as amended (the "Utility Act"), to finance sanitary sewer, storm drainage and water systems improvements of the City (the "Utility Improvements") by the issuance of general obligation bonds of the City payable from the net revenues of the sanitary sewer, storm drainage and water utility systems of the City. 1.03 The City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial advisor in connection with such sale. The actions of the City staff and the City's financial advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. Section 2. Sale of Bonds. 2.01 It is hereby determined that it is necessary to provide financing for the Improvements and the Utility Improvements and to finance those improvements through the issuance of the City's $5,655,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A (the "Bonds"). 2.02. Acceptance of Offer. The proposal of (the "Purchaser") to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 2018 2023 RESOLUTION NO. 2019 2024 2020 2025 2021 2026 2022 2027 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). 2.03. Purchase Contract. Any original issue premium and any rounding amount shall be credited to the Debt Service Fund hereinafter created, or deposited in the accounts in the Construction Fund hereinafter created, as determined by the City's municipal advisor and the City Finance Director. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Finance Director are authorized to execute a contract with the Purchaser on behalf of the City. 2.04. Terms of Bonds. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapters 429, 444 and 475 (together, the "Act"), in the total principal amount of $5,655,000, originally dated the date of delivery, the Bonds being in fully registered form and issued in the denomination of $5,000 or any integral multiple thereof, numbered No. R- 1 and upward, bearing interest as above set forth, and maturing on February 1 in the years and amounts as follows: Year Amount Year Amount 2018 $515,000 2023 $570,000 2019 545,000 2024 575,000 2020 550,000 2025 585,000 2021 550,000 2026 595,000 2022 565,000 2027 605,000 $1,895,000 of the Bonds (the "Improvement Bonds") maturing in the amounts and on the dates set forth below are being issued to finance the cost of the Improvements: Year Amount Year Amount 2018 $170,000 2023 $190,000 2019 180,000 2024 195,000 2020 185,000 2025 195,000 2021 185,000 2026 200,000 2022 190,000 2027 205,000 RESOLUTION NO. $3,760,000 of the Bonds (the "Utility Improvement Bonds") maturing in the amounts and on the dates set forth below are being issued to finance the cost of the Utility Improvements: Year Amount Year Amount 2018 $345,000 2023 $380,000 2019 365,000 2024 380,000 2020 365,000 2025 390,000 2021 365,000 2026 395,000 2022 375,000 2027 400,000 2.05. Optional Redemption. The City may elect on February 1, 2025, and on any day thereafter to prepay Bonds maturing 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 will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) 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. Prepayments will be at a price of par plus accrued interest. Section 3. Form: Registration. 3.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof is payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 in each year, commencing August 1, 2017, to the registered owners of record thereof as of the close of business on the 15th day of the immediately preceding month, whether or not that day is a business day. 3.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar will keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. RESOLUTION NO. (b)Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the 15th day of the month preceding each interest payment date and until that interest payment date. (c)Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner's attorney in writing. (d)Cancellation. All Bonds surrendered upon a transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e)Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f)Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums to be paid. (g)Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for every transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was RESOLUTION NO. destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar will be named as obligees. All Bonds so surrendered to the Registrar will be cancelled by it and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost bond has already matured or been called for redemption in accordance with its terms it will not be necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 3.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 3.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Finance Director and will be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds will cease to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, no Bond will be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on a Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond will be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, RESOLUTION NO. executed and authenticated, the City Finance Director will deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser will not be obligated to see to the application of the purchase price. 3.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Exhibit B attached hereto with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. 3.07. Form of Bonds. The Bonds will be printed or typewritten in substantially the form set forth in Exhibit B attached hereto. 3.08. Approving Legal Opinion. The City Finance Director will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Funds and Accounts Security Payment. 4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Improvement and Utility Revenue Bonds, Series 2016A Debt Service Fund (the "Debt Service Fund") hereby created. The Debt Service Fund shall be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The City will maintain the following accounts in the Debt Service Fund: the "Assessable Improvements Account" and the "Utility Improvements Account." Amounts in the Assessable Improvements Account are irrevocably pledged to the Improvement Bonds and amounts in the Utility Improvements Account are irrevocably pledged to the Utility Improvement Bonds. (a) Assessable Improvements Account. The Finance Director shall timely deposit in the Assessable Improvements Account of the Debt Service Fund hereby created, general taxes hereafter levied (the "Taxes") and allocated to the payment of debt service on the Improvement Bonds, which are pledged to the Assessable Improvements Account. There is also appropriated to the Assessable Improvements Account (i) a pro rata portion any amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 2.03 hereof, (ii) a pro rata share of the accrued interest on the Bonds; (iii) all investment earnings on funds in the Assessable Improvements Account; and (iv) any and all other moneys which are properly available and are appropriated by the City Council to the Assessable Improvements Account. (b) Utility Improvements Account. The City will continue to maintain and operate its sanitary sewer, storm drainage and water utility fund or funds, to which will be RESOLUTION NO. credited all gross revenues of the sanitary sewer, storm drainage and water utility systems (the "Utility Systems"), and out of which will be paid all normal and reasonable expenses of current operations of such systems. Any balances therein are deemed net revenues (the "Net Revenues") and will be transferred, from time to time, to the Utility Improvement Account of the Debt Service Fund, which Utility Improvements Account will be used only to pay principal of and interest on the Utility Improvement Bonds, and any other bonds similarly authorized. There will always be retained in the Utility Improvements Account a sufficient amount to pay principal of and interest on all of the Utility Improvement Bonds, and the Finance Director must report any current or anticipated deficiency in the Utility Improvements Account to the City Council. If a payment of principal or interest on the Utility Improvement Bonds becomes due when there is not sufficient money in the Utility Improvements Account in the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for the advances out of the proceeds of net revenues of the Sanitary Sewer, Storm Drainage and Water Utility Fund and taxes when collected. There is also appropriated to the Utility Improvements Account (i) a pro rata portion of any amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 2.03 hereof; (ii) a pro rata share of the accrued interest on the Bonds; (iii) all investment earnings on funds in the Utility Improvements Account; and (iv) any and all other moneys which are properly available and are appropriated by the City Council to the Utility Improvements Account. 4.02. Construction Fund. The City hereby creates the General Obligation Improvement and Utility Revenue Bonds, Series 2016A Construction Fund (the "Construction Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The City will maintain the following accounts in the Construction Fund: the "Assessable Improvements Account" and the "Utility Improvements Account." Amounts in the Assessable Improvements Account will be used to construct the Improvements and amounts in the Utility Improvements Account will be used to construct the Utility Improvements. (a) Assessable Improvements Account. Proceeds of the Improvement Bonds, less the appropriations made in Section 4.01(a) hereof, together with any other funds appropriated for the Improvements and the special assessments levied against the property specially benefited by the Improvements (the "Assessments") and Taxes collected during the construction of the Assessable Improvements, will be deposited in the Assessable Improvements Account of the Construction Fund to be used solely to defray expenses of the Improvements and the payment of principal of and interest on the Improvement Bonds prior to the completion and payment of all costs of the Improvements. Any balance remaining in the Assessable Improvements Account after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Improvement Act, under the direction of the City Council. When the Improvements are completed and the cost thereof paid, the Assessable Improvements Account of the Construction Fund is to be closed and any subsequent collections of the Assessments for the RESOLUTION NO. Improvements are to be deposited in the Assessable Improvements Account of the Debt Service Fund. (b) Utility Improvements Account. Proceeds of the Utility Improvements Bonds, less the appropriations made in Section 4.01(b) hereof, will be deposited in the Utility Improvements Account of the Construction Fund to be used solely to defray expenses of the Utility Improvements. When the Utility Improvements are completed and the cost thereof paid, the Utility Improvements Account of the Construction Fund is to be closed and any funds remaining may be deposited in the Utility Improvements Account of the Debt Service Fund. 4.03. Tax Levy. (a) For the purpose of paying the principal of and interest on the Improvement Bonds, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such tax will be credited to the Assessable Improvements Account of the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): Year Levy (See Exhibit C) The tax levy herein provided will be irrepealable until all of the Improvement Bonds are paid, provided that the City Finance Director may annually, at the time the City makes its tax levies, certify to the County Auditor the amount available in the Assessable Improvements Account of the Debt Service Fund to pay principal and interest due during the ensuing year on the Improvement Bonds, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.04. City Covenants with Respect to the Improvement Bonds. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2017 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Improvement Bonds and interest thereon when due. RESOLUTION NO. (b)In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c)The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d)The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. (e)At least 20% of the cost to the City of the Improvements described herein has been or will be specially assessed against benefited properties. 4.05 City Covenants with Respect to the Utility Improvement Bonds. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Utility Improvement Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a)The City will continue to maintain and efficiently operate the Utility Systems as public utilities and conveniences free from competition of other like municipal utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the accounts of the Utility Systems as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. (b)The City will also maintain the Debt Service Fund as a separate account in the Utility Improvements Account and will cause money to be credited thereto from time to time, out of Net Revenues from the Utility Systems in sums sufficient to pay principal of and interest on the Utility Improvements Bonds when due. (c)The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the Utility Systems and which will be open to inspection and copying by any bondholder, or the bondholder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d)The City Council will cause persons handling revenues of the Utility Systems to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the Utility RESOLUTION NO. Systems to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e)The Council will keep the Utility Systems insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Utility Improvement Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f)The City and each and all of its officers will punctually perform all duties with reference to the Utility Systems as required by law. (g)The City will impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce Net Revenues adequate to pay all principal and interest when due on the Utility Improvement Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. (h)The City Council will levy general ad valorem taxes on all taxable property in the City, when required to meet any deficiency in pledged Net Revenues. (i) The City hereby determines that the estimated collection of net revenues herein pledged for the payment of principal and interest on the Utility Improvement Bonds will produce at least 5% in excess of the amount needed to meet, when due, the principal and interest payments on such portion of the Bonds. 4.06 Registration of Resolution. The City Clerk is directed to file a certified copy of this resolution with the Auditor of Hennepin County and to obtain the certificate required by Section 475.63 of the Act. 4.07. Debt Service Coverage. It is hereby determined that the estimated collection of the foregoing Taxes and Assessments will produce at least 5% in excess of the amount needed to pay when due, the principal and interest payments on the Improvement Bonds and the Net Revenues herein pledged will produce at least 5% in excess of the amount needed to pay when due the principal and interest payments on the Utility Improvement Bonds. 4.08. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. RESOLUTION NO. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Manager and Finance Director are hereby authorized and directed to certify that they have examined the Official Statement, prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is, as of the date thereof, a complete and accurate representation of the facts and representations made therein as it relates to the City. Section 6. Tax Covenant. 6.01 Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. To that end, the City will comply with all requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds. 6.02. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bond under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States unless the Bonds qualify for an exception to the rebate requirement under the Code and related Treasury Regulations. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. RESOLUTION NO. 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a)the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b)the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c)the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2016 will not exceed $10,000,000; and (d)not more than $10,000,000 of obligations issued by the City during calendar year 2016 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC; The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 2.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the RESOLUTION NO. Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC' s Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. RESOLUTION NO. 8.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 9. Defeasance. When all Bonds (or all of either the Improvement Bonds or Utility Improvement Bonds portion thereof) and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution (with respect to the Improvement Bonds or Utility Improvement Bonds portion of the Bonds, as the case may be) to holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds (or all of either the Improvement Bonds or Utility Improvement Bonds portion thereof) which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. September 12.2016 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 PROPOSALS RESOLUTION NO. EXHIBIT B FORM OF BOND No. R- STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER GENERAL OBLIGATION BOND SERIES 2016A Date of Rate Maturity Original Issue CUSIP February 1,20 October, 2016 Registered Owner: Cede & Co. The City of Brooklyn Center, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above or registered assigns, the Principal Amount specified above on the Maturity Date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing August 1, 2017, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Registrar, Authenticating Agent and Paying Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of $5,655,000, all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, issued pursuant to a resolution adopted by the City Council on September 12, 2016 (the "Resolution"), for the purpose of providing monies in part for various street improvements and various utility improvements and pursuant to and in full conformity with the Constitution, laws of the State of Minnesota, including Minnesota Statutes, Chapters 429, 444 and 475. The principal hereof and interest hereon are payable from net revenues of the sanitary sewer, storm drainage and water systems and from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of RESOLUTION NO. any deficiency in special assessments, net revenues and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City may elect on February 1, 2025, and on any date thereafter to prepay Bonds maturing 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 will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ("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. Prepayments will be at a price of par plus accrued interest. IT IS HEREBY CERTIFIED AND RECITED that in and by the Resolution, the City has covenanted and agreed that it will continue to own and operate the water, storm drainage and sanitary sewer systems free from competition by other like municipal utilities; that adequate insurance on said systems and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Utility Systems fund, into which it will pay all of the gross revenues from the water and sanitary sewer systems; that it will also create and maintain a Utility Improvements Account within the General Obligation Improvement and Utility Revenue Bonds, Series 2016A Debt Service Fund, into which it will pay, out of the net revenues from the water and sanitary sewer systems, a sum sufficient to pay principal of and interest on the Utility Revenue Bonds when due; and that it will provide, by ad valorem tax levies, for any deficiency in required net revenues of the water and sanitary sewer systems. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. The City has designated the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. RESOLUTION NO. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, have happened and have been performed in regular and due form, time and manner, that prior to the issuance of this bond the City Council of the City has provided funds for the payment of principal and interest on the bonds of this issue as the same become due, but the full faith and credit of the City is pledged for their payment and additional taxes will be levied, if required for such purpose, without limitation as to the rate of amount; and that this bond, together with all other indebtedness of the City outstanding on the date Of its issuance, does not exceed any constitutional or statutory limitation thereon. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Brooklyn Center, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: ,2016 CITY OF BROOKLYN CENTER, MINNESOTA City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The following abbreviations, when used in the inscription of the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: RESOLUTION NO. TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UINIF GIFT MINN ACT (Cust) (Minor) under Uniform Gift or Transfer to Minors Act.......................... (State) Additional abbreviations may also be used though not in the above list. RESOLUTION NO. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account) Please insert social security or other identifying number of assignee RESOLUTION NO. PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Registrar Cede & Co. 2016 Federal ID #13-2555119 RESOLUTION NO. EXHIBIT C IMPROVEMENT BONDS TAX LEVY 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 RESOLUTION NO. STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE AS TO COUNTY OF HENNEPIN TAX LEVY AND REGISTRATION I, the undersigned County Auditor of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Brooklyn Center, Minnesota, on September 12, 2016, levying taxes for the payment of $5,655,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A, of said municipality dated 2016 has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of , 2016. County Auditor Hennepin County, Minnesota (SEAL) Deputy ads 0 - C Ci is a5- - o -a 0 C) Ci'-- °dso = III S a CCin in a mci 0 (ID (ID C C5 Ci ii 00 Cs Cs'E- e a = --('a aD - aC's C 500 'S -5 S PRELIMINARY OFFICIAL STATEMENT DATED AUGUST 19, 2016 Ci E ci ax a aI1 Cit -II ii .0 NEW ISSUE S&P Rating: Requested BANK QUALIFIED In the opiniott of Kennedy & Graven, Chartered, Bond Counsel for the Bonds, based on present federal and Minnesota lo,t's, regulations, Ill/tugs and decisions (tv/tic/i excite/es any pending legislation si/tic/i way have a retroactive effect) and assutnittg compliance with certain covenants, interest to be paid on the Bonds is excluded from gross income for federal income tax puiposes and, to the sante extent, front taxable net iticoule of individuals, estates and trusts for Minnesota income purposes, and is not a preference item for purposes of computing the federal alternative nlitlutltun tax or the Minnesota alternative ittilliullolt tea imposed m, individuals, trusts, in iii estates. Site/i interest is taken into aCCOltilt in detetnuitittg adjusted current earnings for the piopose of computing (lie federal alternative tilitliulton lax imposed on certain coiporations and is subject to Mmn,,esoiaframicltise taxes on cotporatiotts (inchidingfit,ancial institutions) titeasured by income. No opittiot7 Will be expressed by Kennedy & Graven regarding oilier state orfec/eval lax consequences caused by the vecetivt or accrual of interest on the Bonds or arising with respect to ownership oft/ie Bonds. Site Bonds trill be designated as 'ijtia/ifledta.-e-exetnpt obligations"for purposes of Section 265(4(3) of the Internal Reveiute Code of 19S6, as aitiended, relating to the ability offutancial institutions to deduct front incontefovfedero/ iticonie tcivpttvposes, interest expense that is allocable to cart yutg a,td acquiring tax-exelt qt Bonds. See "TAX EJtvMP TION" and "OTHER FEDERAL AND STATE TAX CONSIDERA TIONS" lie, ciii. $5 9 655 9 000* City of Brookilyn Center 9 Mnnesoti General Obligation Improvement and Utility Revenue Bonds, Series 2016A (the "Bonds") (Book Entry Only) Dated Date: Date of Delivery Interest Due: Each February 1 and August 1, commencing August 1, 2017 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 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. The City may elect on February 1, 2025, and on any day thereafter, to prepay Bonds due on or after February 1, 2026 at a price of par plus accrued interest. The Bonds are general obligations of the City for which the City pledges 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 water, storm drainage, and sanitary sewer utility funds for repayment of a portion of the Bonds. The proceeds of the Bonds will be used to finance street and utility improvements within the City. See "SECURITY AND FINANCING" herein for additional discussion regarding repayment sources for the Bonds. Proposals shall be for not less than $5,621,070 plus accrued interest, if any, on the total principal amount of the Bonds. Proposals shall specify rates 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. Following receipt of proposals, a good faith deposit will be required to be delivered to the City by the lowest bidder as described 111 the "Terms of Proposal" herein. Award of the Bonds will be made on the basis of True Interest Cost (TIC). The City will designate the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, and the Bonds will not be subject to the alternative minimum tax for individuals. The Bonds will be issued as fully registered bonds without coupons and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). DTC will act as securities depository for the Bonds. Individual purchases may be made in book entry form only, in the principal amount of $5,000 and integral multiples thereof. Investors will not receive physical certificates representing their interest in the Bonds purchased. (See "Book Entry System" herein.) U.S. Bank National Association, St. Paul, Minnesota will serve as registrar (the "Registrar") for the Bonds. The Bonds will be available for delivery at DTC on or about October 13, 2016. PROPOSALS RECEIVED: September 12, 2016 (Monday) until 10:00 A.M., Central Time AWARD: September 12, 2016 (Monday) at 7:00 P.M., Central Time Further information may be obtained from SPRINGSTED Incorporated,S p r I it q ste ti Municipal Advisor to the City, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101-2887 (651) 223-3000. Pie/in iinaiy; subject to change. [SJII'LS] iaIiS]C4WIIJ ai UMtWU IhI[S) W1 CITY COUNCIL Tim Willson Mayor April Graves Council Member Kris Lawrence-Anderson Council Member Dan Ryan Council Member Lin Myszkowski Council Member [I*4 Cornelius L. Boganey Nathan Reinhardt kUUki Iii I JAW IA! I[SJt1 Springsted Incorporated St. Paul, Minnesota I II)I II[S1UJhKi MI Kennedy & Graven, Chartered Minneapolis, Minnesota For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document, as the same may be supplemented or corrected by the City from time to time, may be treated as a Preliminary Official Statement with respect to the Bonds described herein that is deemed final as of the date hereof (or of any such supplement or correction) by the City. By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded copies of the Final Official Statement in the amount specified in the Terms of Proposal. No dealer, broker, salesman or other person has been authorized by the City to give any information or to make any representations with respect to the Bonds, other than as contained in the Preliminary Official Statement or the Final Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the City. Certain information contained in the Preliminary Official Statement or the Final Official Statement may have been obtained from sources other than records of the City and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND EXPRESSIONS OF OPINION IN THE PRELIMINARY OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE PRELIMINARY OFFICIAL STATEMENT NOR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE I-lAS BEEN NO CHANGE IN THE AFFAIRS OF THE CITY SINCE THE RESPECTIVE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices to the Preliminary Official Statement or the Final Official Statement, they will be furnished upon request. Any CUSIP numbers for the Bonds included in the Final Official Statement are provided for convenience of the owners and prospective investors. The CUSIP numbers for the Bonds are assigned by an organization unaffiliated with the City. The City is not responsible for the selection of the CUSIP numbers and makes no representation as to the accuracy thereof as printed on the Bonds or as set forth in the Final Official Statement. No assurance can be given by the City that the CUSIP numbers for the Bonds will remain the same after the delivery of the Final Official Statement or the date of issuance and delivery of the Bonds. TABLE OF CONTENTS PagcX Terms of Proposal . IntroductoryStatement .......................................................................................................................1 ContinuingDisclosure .......................................................................................................................1 TheBonds ........................................ ..................................................................................................2 Authorityand Purpose .......................................................................................................................4 Sourcesand Uses of Funds ................................................................................................................4 Securityand Financing ......................................................................................................................5 FutureFinancing................................................................................................................................ Litigation............................................................................................................................................5 Legality..............................................................................................................................................6 TaxExemption ...................................................................................................................................6 Other Federal and State Tax Considerations......................................................................................6 Qualified Tax-Exempt Obligations....................................................................................................7 Rating................................................................................................................................................. MunicipalAdvisor.............................................................................................................................8 Certification.......................................................................................................................................8 CityProperty Values..........................................................................................................................9 CityIndebtedness...............................................................................................................................10 City Tax Rates, Levies and Collections.............................................................................................13 Fundson Hand ...................................................................................................................................14 Investments........................................................................................................................................14 General Information Concerning the City .........................................................................................16 Governmental Organization and Services ...........................................................................................22 Proposed Form of Legal Opinion ............................................................................................Appendix I Continuing Disclosure Certificate ...........................................................................................Appendix II Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation .....................................................................................Appendix III Excerpt of 2015 Comprehensive Annual Financial Report ....................................................Appendix IV 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 Monday, 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 pui poses 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. 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 Preliminary; subject to change. 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 amou nts* 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 award, 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 modified,, 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. OPTIONAL REDEMPTION The City may elect on February 1, 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 water, storm drainage, and sanitary sewer utility funds for repayment of a portion of the Bonds. The proceeds of the Bonds 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. 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 PURCHASERS 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 purchasers non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the 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. 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 Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. - lv - 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 1sf Sharon Knutson City Clerk OFFICIAL STATEMENT $5,655,000* CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2016A (BOOK ENTRY ONLY) INTRODUCTORY STATEMENT This Official Statement contains certain information relating to the City of Brooklyn Center, Minnesota (the "City") and its issuance of $5,655,000* General Obligation Improvement and Utility Revenue Bonds, Series 2016A (the "Bonds"). The Obligations are general obligations of the City for which it pledges 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 water, storm drainage, and sanitary sewer utility funds for repayment of a portion of the Bonds. See "SECURITY AND FINANCING" herein for additional discussion regarding repayment sources for the Bonds. Inquiries may be directed to Mr. Nathan Reinhardt, Finance Director, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, by telephoning (763) 569-3320, or by c-mailing nreinliardt@ci.brooklyn-center.mii.us . Inquiries may also be made to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101-2887, by telephoning (651) 223-3000, or by e-mailing bond —services@springsted.com . CONTINUING DISCLOSURE In order to assist the Underwriters in complying with SEC Rule 1 5c2-12 (the "Rule"), pursuant to the Awarding Resolution, the City have covenanted to comply with the continuing disclosure undertaking (the "Undertaking") for the benefit of holders or beneficial owners of the Bonds to provide certain financial information and operating data relating to the City to the Municipal Securities Rulemaking Board annually, and to provide notices of the occurrence of certain events enumerated in the Rule to the Municipal Securities Rulemaking Board and to any state information depository. The specific nature of the Undertaking, as well as the information to be contained in the annual report or the notices of material events, is set forth in the Undertaking in substantially the form attached hereto as Appendix II, subject to such modifications thereof or additions thereto as: (i) consistent with requirements under the Rule, (ii) required by the purchaser of the Bonds from the City, and (iii) acceptable to the Mayor and the Manager of the City. To the best of its knowledge, the City has complied for the past five years in all material respects in accordance with the terms of its previous continuing disclosure undertakings entered into pursuant to the Rule. In the interest of full disclosure, the City notes the following: o The insured rating related to the City's General Obligation Improvement Bonds, Series 2008B (CUSIP 113835) was downgraded from "Aa3" to "A3" by Moody's Investors Service on January 17, 2013. A material event notice regarding this insurance rating change was not filed; however, the information was publicly available through other sources. A failure by the City to comply with the Undertaking will not constitute an event of default on the Bonds (although holders or other beneficial owners of the Bonds will have the sole remedy of bringing an action for specific performance). Nevertheless, such a failure must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market price. Preliminaiy; subject to change. THE BONDS General Description The Bonds are dated as of the date of delivery and will mature annually on February 1 as set forth on the front cover of this Official Statement. The Bonds are issued in book entry form. Interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2017. Interest will be payable to the holder (initially Cede & Co.) registered on the books of the Registrar as of the fifteenth day of the calendar month next preceding such interest payment date. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Principal of and interest on the Bonds will be paid as described in the section herein entitled "Book Entry System." U.S. Bank National Association, St. Paul, Minnesota will serve as Registrar for the Bonds, and the City will pay for registrar services. Redemption Provisions Thirty days' written notice of redemption shall be given to the registered owner(s) of the Bonds. Failure to give such written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Optional Redemption The City may elect on February 1, 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 the 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. Book Entry System The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered certificate will be issued for each maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, National Securities Clearing Corporation, and Fixed Income Clearing Corporation all of which are registered clearing agencies. -2- DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com . Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC' s records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of the Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Bonds unless authorized by a Direct Participant in accordance with DTC' s MMI procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co. or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the City or its agent on the payable date in accordance with their respective holdings shown on DTC' s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may -3- be requested by an authorized representative of DTC) is the responsibility of the City or its agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to City or its agent. Under such circumstances, in the event that a successor depository is not obtained, certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered to DTC. The information in this section concerning DTC and DTC's book-entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. AUTHORITY AND PURPOSE The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429, 444, and 475. The proceeds of the Bonds, along with special assessment funds and other City funds, will be used to finance street improvements (tile "Improvement Portion") and utility improvements (tile "Utility Portion") within the City. SOURCES AND USES OF FUNDS The composition of the Bonds is estimated to be as follows: Improvement Utility Portion Portion Total Sources of Funds: Principal Amount $1,895,000 $3,760,000 $5,655,000 Special Assessment Funds 1,082,361 0 1,082,361 Other City Funds 186,161 0 186,161 Total Sources of Funds $3,163,522 $3,760,000 $6,923,522 Uses of Funds: Deposit to Project Funds $3,126,053 $3,694,783 $6,820,836 Costs of Issuance 26,099 42,657 68,756 Allowance for Discount Bidding 11,370 22,560 33,930 Total Uses of Funds $3,163,522 $3,760,000 $6,923,522 -4- SECURITY AND FINANCING 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. Additional sources of security for the Bonds are discussed below. Improvement Portion The City will make its first levy for the Improvement Portion of the Bonds in 2016 for collection in 2017. Each year's collection of taxes, if collected in full, will be sufficient to pay 105% of the interest payment due August 1 of the collection year and the principal and interest payment due February 1 of the following year on the Improvement Portion of the Bonds. The City will cash fund the assessable portion of the Improvement Portion of the Bonds from its Infrastructure Construction Fund in the amount of approximately $1,082,361, which has been included as a source of funds as shown under the "SOURCES AND USES" section herein and has been used to reduce the amount the City needs to borrow. The collection of special assessments, ad described herein, will be used to repay the City's Infrastructure Construction Fund. Special assessments in the principal amount of approximately $1,082,361 are expected to be filed in 2016 for first collection in 2017, and will be filed over a term of ten years with equal annual payments of principal. Interest on the unpaid balance will be charged at an interest rate of 4.00%. Utility Portion Pursuant to Minnesota Statutes, Chapter 444, and the resolution awarding the sale of the Bonds, the City will covenant to impose and collect charges for the service, use, availability and connection to the water, storm drainage, and sanitary sewer utilities (the "Utilities") to produce net revenues in amounts sufficient to support the operation of the Utilities and to pay 105% of debt service on obligations to which it has pledged the net revenues of the Utilities, including the Utility Portion of the Bonds. The City is required to annually review the budget of the Utilities to determine whether current rates and charges are sufficient and to adjust such rates and charges as necessary. The City does not anticipate the need to levy taxes for repayment of the Utility Portion of the Bonds. FUTURE FINANCING The City anticipates issuing approximately $4.4 million of taxable general obligation tax increment bonds in the fourth quarter of 2016 or the first quarter of 2017. LITIGATION The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. -5- LEGALITY The Bonds are subject to approval as to certain matters by Kennedy & Graven, Chartered, of Minneapolis, Minnesota, as Bond Counsel. Bond Counsel has not participated in the preparation of this Official Statement and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or verify any of the financial or statistical statements or data contained in this Official Statement and will express no opinion with respect thereto. A legal opinion in substantially the form set out in Appendix I herein will be delivered at closing. TAX EXEMPTION At closing Kennedy & Graven, Chartered, of Minneapolis, Minnesota, Bond Counsel for the Bonds, will render an opinion that, at the time of their issuance and delivery to the original purchaser, under present federal and State of Minnesota laws, regulations, rulings and decisions (which excludes any pending legislation which may have a retroactive effect), the interest on the Bonds is excluded from gross income for purposes of United States income tax and is excluded, to the same extent, from taxable net income of individuals, estates and trusts for Minnesota income purposes, and is not a preference item for purposes of computing the federal alternative minimum tax or the Minnesota alternative minimum tax imposed on individuals, trusts, and estates. Such interest is taken into account in determining adjusted current earnings for the purpose of computing the federal alternative minimum tax imposed on certain corporations and is subject to Minnesota franchise taxes on corporations (including financial institutions) measured by income. No opinion will be expressed by Kennedy & Graven regarding other federal or state tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Preservation of the exclusion of interest on the Bonds from federal gross income and state gross and taxable net income, however, depends upon compliance by the City with all requirements of the Internal Revenue Code of 1986, as amended, (the "Code") that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be (or continue to be) excluded from federal gross income and state gross and taxable net income. The City will covenant to comply with requirements necessary under the Code to establish and maintain the Bonds as tax-exempt under Section 103 thereof, including without limitation, requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds. OTHER FEDERAL AND STATE TAX CONSIDERATIONS Property and Casualty Insurance Companies Property and casualty insurance companies are required to reduce the amount of their loss reserve deduction by 15% of the amount of tax-exempt interest received or accrued during the taxable year on certain Bonds, including interest on the Bonds. Foreign Insurance Companies Foreign companies carrying on an insurance business in the United States are subject to a tax on income which is effectively connected with their conduct of any trade or business in the United States, including "net investment income." Net investment income includes tax-exempt interest such as interest on the Bonds. I mo Branch Profits Tax A foreign corporation is subject to a branch profits tax equal to 30% of the "dividend equivalent amount" for the taxable year. The "dividend equivalent amount" is the foreign corporation's "effectively connected earnings and profits" adjusted for increase or decrease in "U.S. net equity." A branch's earnings and profits may include tax-exempt municipal bond interest, such as interest on the Bonds. Passive Investment Income of S Corporations Passive investment income, including interest on the Bonds, may be subject to federal income taxation under Section 1375 of the Code for an S corporation that has Subchapter C earnings and profits at the close of the taxable year if more than 25% of the gross receipts of such S corporation is passive investment income. Financial Institutions Financial institutions are generally not entitled to a deduction for interest expenses allocable to the owners of tax-exempt obligations purchased after August 7, 1986. The City will designate the Bonds as qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Code. General The preceding is not a comprehensive list of all federal or State tax consequences which may arise from the receipt or accrual of interest on the Bonds. The receipt or accrual of interest on the Bonds may otherwise affect the federal income tax (or Minnesota income tax or franchise tax) liability of the recipient based on the particular taxes to which the recipient is subject and the particular tax status of other items of income or deductions. All prospective purchasers of the Bonds are advised to consult their own tax advisors as to the tax consequences of, or tax considerations for, purchasing or holding the Bonds. QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. RATING Application for a rating of the Bonds has been made to S&P Global Ratings ("S&P"), 55 Water Street, New York, New York. If a rating is assigned, it will reflect only the opinion of S&P. Any explanation of the significance of the rating may be obtained only from S&P. There is no assurance that a rating, if assigned, will continue for any given period of time, or that such rating will not be revised, suspended or withdrawn, if, in the judgment of S&P, circumstances so warrant. A revision, suspension or withdrawal of a rating may have an adverse effect on the market price of the Bonds. -7- MUNICIPAL ADVISOR The City has retained Springsted Incorporated, Public Sector Advisors, of St. Paul, Minnesota ("Springsted"), as municipal advisor in connection with certain aspects of the issuance of the Bonds. In preparing this Official Statement, Springsted has relied upon governmental officials, and other sources, who have access to relevant data to provide accurate information for this Official Statement, and Springsted has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. Springsted is not a public accounting firm and has not been engaged by the City to compile, review, examine or audit any information in this Official Statement in accordance with accounting standards. Springsted is an independent advisory firm, registered as a municipal advisor, and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities. Springsted is under common ownership with Springsted Investment Advisors, Inc. ("SIA"), an investment adviser registered in the states where services are provided. SIA may provide investment advisory services to the City from time to time in connection with the investment of proceeds from the Bonds as well as advice with respect to portfolio management and investment policies for the City. STA pays Springsted, as municipal advisor, a referral fee from the fees paid to SIA by the City. CERTIFICATION The City has authorized the distribution of the Preliminary Official Statement for use in connection with the initial sale of the Bonds and a Final Official Statement following award of the Bonds. The Purchaser will be furnished with a certificate signed by the appropriate officers of the City stating that the City examined each document and that, as of the respective date of each and the date of such certificate, each document did not and does not contain any untrue statement of material fact or omit to state a material fact necessary, in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. (The Balance of This Page Has Been Intentionally Left Blank) -8- CITY PROPERTY VALUES Trend of Values() Assessment! Assessor's Market Value Adjusted Collection Estimated Sales Economic Homestead Taxable Taxable Net Year Market Value Ratio(b) Market Value Exclusion Market Value Tax Capacity 2015/16 $1,778,802,900 93.7% $1,898,823,284 $166,968,111 $1,605,660,789 $21,570,419 2014/15 1,667,663,500 83.0 2,008,478,171 173,160,024 1,489,548,076 20,703,061 2013/14 1,515,999,000 91.5 1,656,700,488 179,157,923 1,329,268,428 19,665,833 2012/13 1,524,919,100 100.2 1,646,174,750 180,200,766 1,338,405,415 19,827,575 2011/12 1,649,467,100 104.3 1,627,809,108 179,157,923 1,468,159,885 21,320,986 (a) For a description of the Minnesota property tax system, see Appendix M. Sales Ratio Study for the year of assessment as posted by the Minnesota Department of Revenue, http://i ri iii'. revenue. state. mn . us/propertytax/Pages/stati5tics-im1 aspx. 'c) Economic market values for the year of assessment as posted by the Minnesota Department of Revenue, http:/Avi trw. revenue. state. inn. us/propertyt ax/P ages/st atistics-im v. aspx. Source. Hennepin County, Minnesota, April 2016, except as otherwise noted. 2015/16 Adjusted Taxable Net Tax Capacity: $21,570,419 Real Estate: Residential Homestead $ 9,817,812 Commercial/Industrial, Railroad, and Public Utility 8,010,524 Residential Non-Homestead 2,263,263 Agricultural and Seasonal Recreational 94,046 Personal Property 2015/16 Net Tax Capacity $20,583,912 Less: Captured Tax Increment (2,884,208) Contribution to Fiscal Disparities (2,635,082) Plus: Distribution from Fiscal Disparities 6.505,797 2015/16 Adjusted Taxable Net Tax Capacity $21,570,419 47.7% 38.9 11.0 0.5 1.9 100.0% Ten of the Largest Taxpayers in the City Taxpayer The Luther Company LLC The Molasky Group of COS Wal-Mart Stores Inc. AX RER L.P. TLN Lanel Ltd Partnership Medtronic Inc. Lake Point Apartments LLC Brookdale Corner LLC G B Homes LLC Brooklyn Hotel Partners Total Type of Proprty Car Dealer FBI Regional Headquarters Retail Real Estate Apartments Industrial Apartments Retail Custom Home Builders Hotel 2015/16 Net Tax Capacity $ 609,560 461,250 333,590 319,950 205,425 197,890 194,613 191,310 181,975 155,370 $2,850,933* * Represents 13.2% of the Cityr 2015/1 6 adjusted taxable net tax capacity, -9- CITY INDEBTEDNESS Legal Debt Limit and Debt M arg in * Legal Debt Limit (3% of 2015/16 Estimated Market Value) $53,364,087 Less: Outstanding Debt Subject to Limit 0 Legal Debt Margin as of October 13, 2016 $53,364,087 The legal debt margin is referred to statutorily as the "Net Debt Limit" and may be increased by debt service funds and current revenues which are applicable to the payment of debt in the current fIscal year. NOTES: Certain types of debt are not subject to the legal debt limit. See Appendix III— Debt Limitations The 2013 Minnesota Legislature clarified the definition of estimated market value and established it as the basis for the calculation of the Net Debt Limit. Previously, Net Debt Limit was calculated on taxable market value. A large contributing factor to the change was to offset the effect of the Market Value Homestead Exclusion implemented by the 2012 Minnesota Legislature, which had a significant impact on taxable market values. General Obligation Special Assessment Debt Est. Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 10-13-16 12-15-06 $1,460,000 Improvements 2-1-2017 $ 65,000 12-15-08 2,390,000 Improvements 2-1-2019 625,000 12-19-13 4,920,000 Improvements 2-1-2024 3,600,000 7-9-15 5,240,000 Improvements 2-1-2026 5,240,000 10-13-16 1,895,000 Street Improvements (the Improvement Portion of the Bonds)2-1-2027 1,895,000 Total $11,425,000 General Obligation Tax Increment Debt Est. Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 10-13-16 6-1-08 $4,335,000 Taxable Tax Increment 2-1-2018 $ 250,000 12-19-13 6,040,000 Taxable Tax Increment 2-1-2022 5,530,000 7-9-15 6,600,000 Taxable Tax Increment Refunding 2-1-2020 6,600,000 Total $12,380,000 General Obligation Utility Revenue Debt Est. Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 10-13-16 7-9-15 $1,660,000 Utility Revenue Refunding 2-1-2025 $1,520,000 10-13-16 3,760,000 Utility Revenue (the Utility Portion of the Bonds)2-1-2027 3,760.000 Total $5,280,000 _10- Revenue Debt Est. Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 10-13-16 1-20-15 $19,662,352 Taxable GO PFA Water Loan 8-20-2034 $18,703,000 Estimated Calendar Year Debt Service Payments Including the Bonds G.O. Special Assessment Debt G .O. Tax Increment Debt Principal Principal Year Principal & Interest(a)Principal & Interest 2016 (at 10-13)(Paid)(Paid)(Paid)(Paid) 2017 $ 1,330,000 $ 1,580,049 $ 1,960,000 $ 2,310,475 2018 1,420,000 1,638,098 2,005,000 2,294,450 2019 1,380,000 1,562,323 2,015,000 2,242,713 2020 1,235,000 1,385,689 2,065,000 2,231,513 2021 1,235,000 1,357,190 2,140,000 2,243,438 2022 1,250,000 1,343,420 2,195,000 2,230,669 2023 935,000 1,004,055 2024 945,000 993,494 2025 740,000 769,415 2026 750,000 762,418 2027 205,000 206,896 Total $11 ,425,000(b)$12,603,047 $12,380,000 $13,553,258 G .O. Utility Revenue Debt Revenue Debt Principal Principal Year Principal & Interest(Principal & Interest 2016 (at 10-13)(Paid)(Paid)(Paid)(Paid) 2017 $ 165,000 $ 236,746 $ 954,000 $ 1,141,030 2018 510,000 587,234 963,000 1,140,490 2019 530,000 600,379 973,000 1,140,860 2020 530,000 593,064 982,000 1,140,130 2021 530,000 585,475 992,000 1,140,310 2022 550,000 597,448 1,002,000 1,140,390 2023 555,000 593,850 1,012,000 1,140,370 2024 555,000 584,621 1,022,000 1,140,250 2025 560,000 579,558 1,033,000 1,141,030 2026 395,000 405,856 1,043,000 1,140,700 2027 400,000 403,700 1,053,000 1,140,270 2028 1,064,000 1,140,740 2029 1,075,000 1,141,100 2030 1,085,000 1,140,350 2031 1,096,000 1,140,500 2032 1,107,000 1,140,540 2033 1,118,000 1,140,470 2034 _________1,129,000 1,140,290 Total $5,280,000()$5,767,931 $18,703,000(e)$20,529,820 (a)Includes the Improvement Portion of the Bonds at an assumed average annual interest rate of 1.53% (b)98.2% of this debt will be retiredirithin ten years. (c)Includes the Utility Portion of the Bonds at an assumed average annual interest rate of 1.52%. (ci)92.4% of this debt will be retired within ten years. (e) 53.3% of this debt will be retired within ten years. -11- Other Debt Obligations Operating Leases The City has entered into two operating leases for its municipal liquor stores. Rent expenses for the fiscal year ended December 31, 2015 were $311,553. The following is a schedule by years of future minimum rental payments required under these operating leases as of December 31, 2015: Year Ending December 31 2016 $ 234,888 2017 234,888 2018 234,888 2019 234,888 2020 164,124 2021-2023 280,080 Total $1,383,756 The City has leased a portion of its police second floor expansion area to the Local Government Information Systems Association as a backup computer facility. The lease commenced on January 12, 2016, has a term of ten years, and calls for monthly lease payments based on square-footage. Lease revenue for the year ended December 31, 2015 was $13,200. Future lease revenues under the current agreement is as follows: Year Ending December 31 2016 $ 7,700 2017 12,000 2018 12,000 2019 12,000 2020 12,000 2021-2025 72.000 Total $115,700 The City is the lessor in an operating lease for a building used for a sit-down restaurant. The lease was originally signed in 2011 with a ten-year term, with an option to extend the lease for an additional five years. For the year ended December 31, 2015, the City received $177,213 in rental revenue. Future minimum base rent revenues under the current agreement is as follows: Year Ending December 31 2016 $ 67,838 2017 84,378 2018 92,816 2019 102,942 2020 112,048 2021 96,190 Total $556,212 -12- Overlapping Debt 2015/16 Debt Applicable to Adjusted Taxable Est, G.O. Debt Tax Capacity in City Taxing Unita Net Tax Capacity As of 10-13-16) Percent Amount Hennepin County $1,602,471,674 $721,810,000 1.3%$ 9,383,530 Hennepin County Regional Railroad 1,602,471,674 34,695,000 1.3 451,035 Three Rivers Park District 1,147,830,415 52,835,000 1.9 1,003,865 I.S.D.No. 11 (Anoka-Hennepin) 43,193,866 52,405,000 6.7 3,511,135 I.S.D. No. 279 (Osseo) 156,333,069 111,020,000 4.4 4,884,880 I.S.D. No. 281 (Robbinsdale) 93,317,239 200,350,000 5.2 10,418,200 I.S.D. No. 286 (Brooklyn Center) 6,994,194 24,480,000 100.0 24,480,000 Metropolitan Council 3,475,846,085 17,525,000 0.6 105,150 Metropolitan Transit 2,767,556,165 177,190,000 0.8 1,4172 Total $55,655,315 (a)Only those units with outstanding general obligation debt are shown here. (b)Excludes general obligation tax and aid anticipation certificates, and revenue-supported debt. (c) Excludes general obligation debt supported by wastewater revenues and housing rental payments. Includes certificates ofparticipation. Debt Ratios G.O.G.O. Direct & Direct Debt Overlapping Debt To 2015/16 Estimated Market Value ($1,778,802,900) 1.34%4.47% Per Capita - (30,864 - 2015 MN Demographer Estimate) $771 $2,575 Excludes general obligation revenue debt, revenue debt, and other debt obligations. CITY TAX RATES, LEVIES AND COLLECTIONS Tax Capacity Rates for a Resident in Independent School District No. 286 (Brooklyn Center) 2015/16 For 2011/12 2012/13 2013/14 2014/15 Total Debt Only Hennepin County 48.231% 49.461% 49.959% 46.398% 45.356% 5.425% City of Brooklyn Center 65.816 72.202 75.742 71.256 73.292 2.987 I.S.D. No. 286 (Brooklyn Center)& 48.020 56.031 54.422 52.984 54.573 35.373 Special Districts(b) 9.120 10.047 _9 .3 14 909..1 2.995 Total 171.187% 187.305% 190.170% 179.952% 182.312% 46.780% (a) In addition, Independent School District No. 286 (Brooklyn Centei) has a 2015116 market value tax rate of 0. 14661% spread across the market value ofproperty in support of an excess operating levy t'k Special districts include Metropolitan Council, Meti'opolitan Transit, Metropolitan Mosquito Control, Hennepin Park Museum, Hennepin County Regional Rail Authority, and Three Rivers Park District. NOTE: This table includes only net tax capacity-based rates. Certain other tax rates are based on market value. See Appendix III. -13 - Tax Levies and Collections Collected During Collected and/or Abated Net Collection Year as of 12-31-15 Levy/Collect Levy Amount Percent Amount Percent 2015/16 $15,676,933 (In Process of Collection) 2014/15 14,988,762 $14,770,223 98.5%$14,770,223 98.5% 2013/14 14,643,347 14,470,227 98.8 14,618,974 99.8 2012/13 14,590,560 14,444,534 99.0 14,590,560 100.0 2011/12 14,219,162 13,942,766 98.1 14,188,825 99.8 The net levy excludes state aid for property tax relief and fiscal disparities, if applicable. The net levy is the basis for computing tax capacity rates. See Appendix III. FUNDS ON HAND As of June 30, 2016 General Fund $ 9,517,204 Special Revenue Funds 605,251 Debt Service Funds 601,915 Capital Project Funds 8,233,959 Enterprise Fund 12,869,631 Internal Service 6,177,360 Total Cash and Investments $38,005,320 INVESTMENTS The City's investment policy, last revised in April 2016, has the objectives of preserving safety of principal, retaining sufficient liquidity, providing a market rate of return, and yielding stable earnings on invested City funds. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the Overall portfolio. Safety of principal is the foremost objective. Liquidity and yield are also important considerations. It is essential that the investment portfolio remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio of the City shall be designed to attain a market-average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and liquidity needs. Return on investment is of least importance compared to the objectives for safety and liquidity. Securities shall be held to maturity with the exceptions of meeting the liquidity needs of the portfolio and minimizing loss of principal for a security of declining credit. Minnesota Statutes, Chapter 118A, authorizes and defines an investment program for municipal governments. The City may invest in the following instruments allowed by Minnesota Statutes: a. United States Securities: including bonds, notes, bills or other securities which are direct obligations of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress, which carry the full faith and credit of the United States. -14- b.Commercial paper issued by U.S. corporations or their Canadian subsidiaries that is rated in the highest quality by at least two nationally recognized rating agencies and matures in 90 days or less. c.Certificates of Deposit (Time Deposits) that are fully insured by the Federal Deposit Insurance Corporation. d.Repurchase agreements and reverse repurchase agreements may be entered into with financial insitutions identified by Minnesota Statutes, Chapter 11 8A. Reverse repurchase agreements may only be entered into for a period of 90 days or less and only to meet short-term cash flow needs. e.Securities lending agreements may be entered into with financial institutions identified by Minnesota Statutes, Chapter 1 18A. f.Minnesota joint powers investment trusts may be entered into with trusts identified by Minnesota Statutes, Chapter 11 8A g.Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of short-term securities permitted by Minnesota Statutes, Chapter 11 8A. h.Bonds of the City of Brooklyn Center issued in prior years may be redeemed at current market price, which may include a premium, prior to maturity using surplus funds of the debt service fund set up for that issue. Such repurchased bonds shall be canceled and removed from the obligation of the fund. i.General obligation bonds of state or local governments rated A or better by a national bond rating services. j.Revenue obligations of state or local governments rated AA or better by a national bond rating agency. k.The Minnesota Municipal Money Market Fund (4M) that was established by the League of Miirnesota Cities to address the investment needs of the Minnesota cities. Authority to manage the investment program is vested in the City Manager, City Treasurer, and Assistant Finance Director, with the City Treasurer responsible for establishing and maintaining an internal control structure to provide reasonable assurance that the objectives of the investment policy are met. As of June 30, 2016, the City had $38,052,455 (par value) invested, with a market value of $38,426,780 (100% of the original cost to the City plus amortized premium). The City's investments include the following: $14,478,307 (37,7%) in government agency securities; $14,458,538 (37.6%) in certificates of deposit; $8,941,455(23.3%) in money market accounts; and $548,480 (1.4%) in municipal securities. All of the investments in the City's portfolio mature within 72 months or less. The longest investment held by the City is currently scheduled to mature in June 2022. - 15 - GENERAL INFORMATION CONCERNING THE CITY The City is a northern suburb of the Minneapolis/Saint Paul metropolitan area, adjacent to the City of Minneapolis. The City is wholly within Hennepin County and encompasses an area of approximately 8.5 square miles (5,440 acres). The Mississippi River forms the City's eastern boundary. Population The City's population trend is shown below. Percent Population Change 2015 MN Demographer Estimate 30,864 2.5% 2010 U.S. Census 30,104 3.2 2000 U.S. Census 29,172 1.0 1990 U.S. Census 28,887 (7.5) 1980 U.S. Census 31,230 -- Sources: Minnesota State Deinogi'apliic Center, nut gov/admin/deinograp In and United States Census Bureau, littp://www. census.gov/. The City's population by age group for the past three years is as follows: Data Year/ Report Year 0-17 18-34 35-64 65 and Over 2015/16 8,906 7,664 11,211 3,847 2014/15 81786 7,734 11,171 3,811 2013/14 8,696 7,621 11,042 3,763 Source: Clajitas, Inc. and The Nielsen Company. Transportation Major transportation routes in and through the City, including Interstate Highways 94 and 694 and State Highways 100 and 252, have provided a continued impetus for the development of the City's commercial tax base. -16- Major Employers Approximate Number Employer Product/Service of Employ ee s Hennepin County Government 7,890 Promeon, Inc. (a division of Medtronic)Medical devices 1,100 Independent School District No. 286 (Brooklyn Center)Education 375 Luther Auto Group (three locations)Automobile dealership 300 Walmart Retail 300 Caribou Coffee (Headquarters)Coffee retailer 200 Maranatha Care Center, Presbyterian Homes Continuing care/retirement community 200 University of Minnesota Physicians Healthcare 190 - 160TCR Corporation Metal components City of Brooklyn Center Government 156 Cub Foods Grocery 130 Target Retail 120 Health Partners-Brooklyn Center Medical and dental clinic 119 Cass Screw Machine Products Screw machine parts 110 Sears Retail 70 Includes full-time and pail-time employees. Source: This does not purport to be a comprehensive list and is based on an August 2016 best efforts telephone survey of individual employers. Some employers do not respond to inquiries. Labor Force Data Labor Force: City of Brooklyn Center Hennepin County Minneapolis-St. Paul Metro Area State of Minnesota Unemployment Rate: City of Brooklyn Center Hennepin County Minneapolis-St. Paul Metro Area State of Minnesota Annual Average June 2012 2013 2014 2015 2016 15,389 15,322 15,190 15,319 15,490 662,562 669,800 674,658 679,549 691,131 1,893,165 1,909,871 1,923,003 1,938,857 1,971,286 2,958,272 2,971,523 2,982,750 3,010,366 3,049,853 7.2%6.1%4.8%4.4%4.2% 5.2 4.6 3.8 3.3 3.6 5.5 4.7 3.9 3.4 3.7 5.6 4.9 4.2 3.7 4.0 Source: Minnesota Department of Employment and Economic Development, https://apps. deed state. mu. us/Imi/laus. 2016 data are preliminary - 17 - Retail Sales and Effective Buying Income (EBI) City of Brooklyn Center Data Year!Total Retail Total Median Report Year Sales ($000)EBI ($000)Household EBI 2015/16 $561,219 $550,267 $41,469 2014/15 505,332 531,155 40,188 2013/14 596,059 512,550 39,878 2012/13 703,490 483,895 37,788 2011/12 635,027 483,477 40,492 Hennenin Count Data Year!Total Retail Total Median Report Year Sales ($000)EBI ($000)Household EBI 2015/16 $26,004,909 $38,495,032 $55,756 2014/15 21,713,206 36,578,500 52,644 2013/14 21,457,980 34,013,567 50,131 2012/13 23,055,734 32,511,237 47,033 2011/12 22,526,015 31,323,522 48,356 The 2015/16 Median Household EBI for the State of Minnesota was $52,458. The 2015/16 Median Household EBI for the United States was $46,738. Source: Claritas, Inc. and The Nielsen Company. Permits Issued by the City Total Permits Year Number Value 2016 (to 6-30)368 $11,328,706 2015 798 25,173,241 2014 849 47,990,030 2013 1,867 34,866,050 2012 929 24,766,964 2011 752 54,499,418 2010 772 55,631,100 2009 773 15,201,903 Source: City of Brooklyn Center. Commercial Permits Number Value 44 $ 8,181,099 112 18,348,998 156 41,458,102 217 21,857,116 132 19,029,921 105 50,193,835 146 50,688,194 153 10,497,326 Residential Permits Number Value 324 $ 3,147,607 686 6,824,243 693 6,531,928 1,650 13,008,934 797 5,737,043 647 4,305,583 626 4,942,906 620 4,704,577 - 18- Growth and Development Successful redevelopment continues to be the key to commercial and industrial tax base growth within the City, including the following: Shingle Creek Crossing. An 80-acre planned unit development that includes the redevelopment of the former Brookdale Mall. In 2011, a significant portion of Brookdale Mall was removed and planned for redevelopment of a shopping center. The initial phase, completed in 2012, included the partial daylighting of Shingle Creek and the infrastructure improvements for a Walmart store, 15 new building pads, and the renovation of the former Brookdale Mall. The second phase, completed in 2013, included construction of a LA Fitness building, and three retail buildings providing for new commercial tenant space. In 2014, demolition of the food court building occurred, as well as construction of additional retail buildings, a multi-tenant building, and a multi-tenant retail/restaurant building. Site plans were also approved for the remaining four lots within the former food court lot. In 2015, construction was completed on a Discount Tire Store, a Kid's Foot Locker, Rue 21 and Villa; a lease was signed with Caribou Coffee and Bruegger's Bagels; and an amendment was approved to add an additional 9, 400 square-foot retail building to the former Kohl's site. Opportunity Si t e. The southern portion of the 80-acre Opportunity Site comprises 46 acres planned for a mixed use commercial, office and residential. A housing market study was completed by the McCombs Group and the architectural firm of ESG was retained to prepare a mixed use concept plan for this site. On December 20, 2013, the City's Economic Development Authority (the "EDA") acquired the 23.2 acre Brookdale Square shopping center site, which adjoins the EDA's 8.4 acre former Brookdale Ford dealership property. In 2014, the EDA acquired an additional 1.6 acre site and discussed future redevelopment plans with the four remaining businesses and/or property owner along John Martin Drive (the northern portion of this redevelopment area. In 2015, the EDA adopted the necessary findings of blighted building conditions that would qualify this area as a future Tax Increment Redevelopment District or a Renewal and Renovation District. The demolition of the buildings was completed in the fall of 2015. Also in 2015, the EDA entered into a preliminary development agreement with Sand Development Company for the phased development of seven apartment buildings, providing 748 market rate apartment units with underground parking, and project amenities designed for today's apartment lifestyle within the metropolitan area. The initial phase of this development includes two apartment buildings with 300 units and the central park area with a recreational building, pool and patio areas. Luther Auto Group. Luther Auto Group has completed a major portion of their redevelopment plans for the 39 acres located on the north side of the 1-694 and Brooklyn Boulevard interchange. In 2013, the City received approvals for the construction of a 42,360 square-foot Volkswagen dealership and a 2.8 acre expansion of the Honda Dealership's sales lot to open up space for a 6th dealership along 1-694. In 2014, Luther demolished the old Honda dealership buildings, began construction of the new Volkswagen dealership, and completed the expansion of Honda sales lot. The Volkswagen dealership opened in 2015. Additionally, Luther's master plans for this area include an additional dealership with frontage along 1-694. One of the two buildings that occupied this future dealership site, Atlantic Pool, was demolished in 2015. Industrial Redevelopment. In 2014, the Minnesota Department of Agriculture and the Minnesota Pollution Control Agency approved a Soils Investigation and Remediation Action Plan for the former Howe Fertilizer Site and adjoining railroad property. The City received environmental cleanup funds from Hennepin County, the Minnesota Department of Employment and Economic Development and the Metropolitan Council. The three grants funded a $1.5 million cleanup action and enabled the developer to proceed with the development of a 61,000 square-foot building, which was completed in 2015. Also in 2014, Sign Zone completed the acquisition and renovation of 140,000 square-feet of office/industrial space at the former Palmer Lake Plaza office industrial buildings, which enabled Sign Zone to consolidate their business operations and have their corporate headquarters located in the City. _19- Additional Development. The following additional development activities occurred in 2015 and 2016: The EDA acquired the former Chrysler Auto Dealership, also known as Cars with Heart, a 5-acre commercial site located at 6121 Brooklyn Boulevard. The buildings have been demolished and the EDA has approved plans and entered into a development agreement for the construction of a 156-unit senior apartment building that will provide affordable assisted care opportunities for senior citizens. The Northport Elementary School completed the 5th phase of their building renovation plans, which included the expansion of their parking lot, a parent drop off zone, a separate bus unloading area that also provides 38 parking stalls for park use, and new playfields which complements the Northport Community Park. The Three River Park District provided funding for a realignment of Twin Lakes Regional Trail Corridor within the eastern portion of the planned renovation of the Lake Pointe Apartments. Additionally, planning for the 2016/17 construction of an extension of this regional trail along 57th Avenue, east of State Highway 100, to connect to the Mississippi Regional Corridor has begun. The Brooklyn Boulevard bridge and trail improvements over State Highway 100 were completed and a cooperative grant application with Hennepin County has received favorable scoring for the federal funding of the reconstruction of the southern portion of the Brooklyn Boulevard Corridor Study (southern border of the City to Co. Rd. 10/Bass Lake Road). Construction is planned for 2018. In 2015, construction of the New Millennium Academy, a 550 student capacity Charter School, commenced on the former Malrnborg's Nursery site and is scheduled to open in the fall of 2016. Financial Institutions City residents are served by branch facilities of Wells Fargo Bank, National Association; Bremer Bank, National Association; and TCF National Bank, as well as numerous credit unions. This does not pu/poll to be a comprehensive list. Source: Federal Deposit Insurance Co;poration, htip://wi vw5. fdic. gv/idasp/inain. asp. Health Care Services The following is a summary of inpatient health care facilities located in and around the City: Facility Maranatha Care Center Living Well Lynclale Brooklyn Center Outreach Home North Memorial Medical Center Unity Hospital Location City of Brooklyn Center City of Brooklyn Center City of Brooklyn Center City of Robljinsdale City of Fridley No. of Beds 97 Nursing Home 8 Supervised Living 6 Supervised Living 518 Hospital 42 Infant Bassinets 275 Hospital Source: Minnesota Depcutment of Health, http:/A vm mv. health. stale. nm. -20- Education Public Education The following districts serve the residents of the City: 2015/16 School Location Grades Enrollment ISD No. 11 (Anoka-Hennepin)City of Anoka K-12 38,016 ISD No. 279 (Osseo)City of Osseo K-12 20,511 ISD No. 281 (Robbinsdale)City of Robbinsdale K-12 12,714 ISD No. 286 (Brooklyn Center)City of Brooklyn Center K-12 2,401 Source: Minnesota Department of Educcition, u'ww. education, state. inn, its The City's taxable net tax capacity is attributable to each of the four school districts as follows: Portion of 2015/16 Taxable Net Tax Capacity Located in the City ISD No. 286 (Brooklyn Center)'$ 6,994,194 32.4% ISD No. 279 (Osseo)6,828,607 31.7 ISD No. 281 (Robbinsdale)4,832,955 22.4 ISD No. 11 (Anoka-Hennepin)2,914,663 Total $21,570,419 100.0% Independent School District No. 286 is located entirely within the City of Brooklyn Center. Non-Public Education City residents are also served by the following private schools: 2015/16 School Location Grades Enrollment Sacred Heart Catholic School City of Robbinsdale K-8 180 King of Grace Lutheran School City of Golden Valley K-8 169 St. Raphael Catholic School City of Crystal K-8 166 St. Aiphonsus City of Brooklyn Center K-8 140 RiverTree School City of Crystal K-12 98 Holy Trinity Lutheran School City of New Hope K-8 60 Future Leader Learning City of Brooklyn Center K-6 9 Source: Minnesota Depai'tnienl of Education, wivu'. education state. iiiii. its Post-Secondary Education City residents have access to various colleges and universities located throughout the Minneapolis/St. Paul metropolitan area. -21 - GOVERNMENTAL ORGANIZATION AND SERVICES Organization The City has been a municipal corporation since 1911 and is governed under a Home Rule Charter adopted in 1966 and subsequently amended. The City has a Council-Manager form of government and the Mayor and four Council Members are elected to serve overlapping four-year terms. The following individuals comprise the current City Council: Expiration of Term Tim Willson Mayor December 31, 2018 April Graves Council Member December 31, 2018 Kris Lawrence-Anderson Council Member December 31, 2016 Dan Ryan Council Member December 31, 2018 Lin Myszkowski Council Member December 31, 2016 The City Manager, Mr. Cornelius L. Boganey, is responsible for the administration of Council policy and the daily management of the City. The Manager is appointed by the Council and serves at its discretion, Mr. Boganey has served the City in this position since June 2006. Prior to that, Mr. Boganey served as the City's Assistant Manager since March 2003. He has also served as City Manager in Brooklyn Park, Minnesota and Port Arthur, Texas, and as Assistant City Manager in Kalamazoo, Michigan. The Finance Director, Mi'. Nathan Reinhardt, is responsible for directing the City's financial operations, including preparation of the comprehensive annual financial report and interim reports, and the investment of City funds. Mr. Reinhardt was selected to be the City's Finance Director effective November 21, 2013. Previously, Mr. Reinhardt served as Finance Director for the City of Waseca, Minnesota. The City has 156 regular full-time and 150 seasonal full- and part-time employees. Services Forty-eight full-time sworn police officers and a support staff of 12 provide protective services in the City. Fire protection is provided by I full-time Chief, 1 full-time Deputy Chief, I full-time fire inspector/educator, and a 40-member volunteer force. The City has 2 fire stations and a class 4 insurance rating. All areas of the City are serviced by municipal water and sewer systems, with exception to one property located at 5306 Perry Avenue North. Water is supplied by nine wells and storage is providdd by three elevated tanks with a combined total capacity of 3.0 million gallons. The municipal water system has a pumping capacity of 16.4 million gallons per day (mgd). In 2016, the City brought a new water treatment plant online, capable of filtering 10 mgd. When combined with the capacity of 1.7 rndg from Well #2, the City now has a total finished water capacity of 11.7 mgd. The average daily water demand is estimated to be 3.4 rngd and peak demand is estimated to be 9.7 mgd. Water connections totaled 8,933 as of July 20, 2016. Although the City owns and maintains its own sanitary and storm sewer collection systems, wastewater treatment facilities are owned and operated by the Metropolitan Council Environmental Services (MCES). The City is billed an annual service charge by MCES, which is adjusted each year based on the prior years' actual usage. The City had 8,788 sewer connections as of July 20, 2016. The City owns and operates the Earle Brown Heritage Center, a convention center with catering services and commercial office rentals. The Earle Brown Heritage Center is a unique and spacious event center located on the site of an historic estate in Brooklyn Center. Awarded the WeddingWire Couples' Choice -22- in 2015, the venue boasts more than 40,000 square feet of space, with intimate meeting rooms hosting groups in size from 6 - 1,200. The Earle Brown Heritage Center hosts approximately 500 events annually and includes a full staff of event specialists, an in-house Executive Chef, audio visual and free onsite parking. City offices are located in the City's Civic Center, which also includes community facilities such as exercise and game rooms, classrooms, craft rooms, a 300-seat hail, and a 50-meter indoor swimming pool. The City maintains 520 acres of parkland, much of which is located along Shingle Creek forming a "green way" north to south through the City. Recreational facilities include a par 3 nine-hole golf course, 20 playgrounds, softball and baseball diamonds, basketball courts, tennis courts, hockey and skating rinks, nature areas, trails, and an arboretum. Labor Contracts The status of labor contracts in the City are as follows: Bargaining Unit IUOE Local 49 LELS Local 86 LELS Local 82 Subtotal Non-unionized employees Total employees No. of Employees 25 9 38 72 84 156 Expiration Date of Current Contract December 31, 2016 December 31, 2016 December 31, 2017 Employee Pensions All full-time employees and certain part-time employees of the City are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the General Employees Retirement Fund (GERF) and the Public Employees Police and Fire Fund (PEPFF), which are cost-sharing multiple-employer retirement plans. GERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated members are covered by Social Security and Basic members are not. All new members must participate in the Coordinated Plan. All police officers, fire fighters and peace officers who qualify for membership by statute are covered by PEPFF. The City's contributions to GERF and PEPFF are equal to the contractually required contributions for each year as set by State Statute, and are as follows for the past five years: GERF PEPFF 2015 $564,168 $687,935 2014 531,385 600,402 2013 521,512 560,053 2012 498,832 544,497 2011 492,194 522,110 For more information regarding the liability of the City with respect to its employees, please reference "Note 4. Defined Benefit Pension Plan— City Employees" of the City's Comprehensive Annual Financial Report for fiscal year ended December 31, 2015, an excerpt of which is included as Appendix IV of this Official Statement. -23 - Multiole-Emolover Defined Benefit Pension City employees belonging to the International Union of Operating Engineers (IUOE) are participants in a multiple-employer defined benefit pension plan, the Central Pension Fund of the International Union of Operating Engineers and Participating Employers (CPF), administered by the Board of Trustees of the Central Pension Fund. The plan is a cost-sharing pension plan that is not a state or local governmental pension plan, is used to provide defined benefit pensions to employers that are not state or local governmental employers, and has no predominate state or local government employer. The plan issues a publicly available financial report located on their website at www.cpfiuoe.org . The City has 22 employees who are covered by this pension plan. The plan provides benefits such as monthly retirement income, special and early retirement benefits, post-retirement surviving spouse benefits, pre-retirement surviving spouse benefits, and disability benefits. The City's contributions to the plan are pursuant to a collective bargaining agreement with the IUOE which expires December 31, 2016. The required contribution rate is $0.96 per hour, which is applied to all compensated hours, and capped at $5,000 per year. With regards to withdrawal from the pension plan, the parties agree that the amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pie-tax employer contributions. The City's contributions to IOUE for the past five years are as follows: 2015 $51,699 2014 51,868 2013 52,046 2012 51,636 2011 50,603 For more information regarding the liability of the City with respect to its employees, please reference "Note 6, Multiple-Employer Defined Benefit Pension Plan" of the City's Comprehensive Annual Financial Report for fiscal year ended December 31, 2015, an excerpt of which is included as Appendix IV of this Official Statement. PEDCP Five Council members of the City are covered by the Public Employees Defined Contribution Plan (PEDCP), a multiple-employer deferred compensation plan administered by PERA. The PEDCP is a tax- qualified plan under Section 401(a) of the Internal Revenue Code and all contributions by or on behalf of employees are tax deferred until the time of withdrawal. Plan benefits depend solely on the amounts contributed to the plan plus investment earnings less administrative expenses. An eligible elected official who chooses to participate in the plan contributes 5% of their salary, which is matched by the elected official's employer. PERA receives 2% of employer contributions and 0.025% of the assets in each member's account annually for administering the plan. The City's contributions to PEDCP for the past three years are as follows: PEDCP 2015 $907 2014 907 2013 880 For more information regarding the liability of the City with respect to its employees, please reference "Note 7. Defined Contribution Plan" of the City's Comprehensive Annual Financial Report for fiscal year ended December 31, 2015, an excerpt of which is included as Appendix IV of this Official Statement. -24- City Firefighter's Association The City contributes to the Brooklyn Center Fire Department Relief Association (the "Association"), which is the administrator of a single employer, public employee defined benefit retirement system to provide a retirement plan (the "Plan") to volunteer firefighters of the City who are members of the Association. The Association is organized and operates under the provisions of the Minnesota State Statutes 424A, and provides benefits in accordance with those statutes. The Association provides retirement benefits to members and survivors upon death of eligible members. Benefits are established by the Association and approved by the City Council under the applicable statutes. The defined retirement benefits are based on a member's years of service. Vesting begins after the tenth year of service with a 60% benefit increasing to 100% after the 20th year of service. Full benefits are available to members after 20 years of service and having attained the age of 50. The current benefit available is a lump sum distribution of $7,500 per year of service. Vested, terminated members who are entitled to benefits but are not yet receiving them are bound by the provisions in effect at the time of termination of membership. The City levies property taxes at the direction of and for the benefit of this plan and passes through state aids allocated to the plan, all in accordance with State statutes. The minimum tax levy obligation is the financial contribution requirement for the year less anticipated state aids. The City's contributions to the Firefighter's Association for the past five years are as follows: Annual Percentage Net Year Pension of APC Pension Ending Cost (APC)Contributed Obligation December 31, 2015 $101,453 156%-0- December 3l,2014 108,883 129 -0- December 31, 2013 100,728 147 -0- December 31, 2012 105,244 144 -0- December 3l,2011 134,087 70 $52,199 Funded status of the Association as reported to-date: Assets in Actuarial Excess of Actuarial Actuarial Value Accrued Unfunded Accrued Funded Valuation Date of Assets Liability Liability January 1, 2015 $3,508,210 $3,084,717 $423,493 113.7% January 1, 2013 3,282,317 3,279,231 3,086 100.1 January 1, 2011 3,303,595 3,253,686 49,909 101.5 January 1, 2009 2,654,832 3,240,590 (585,758)81.9 January 1, 2007 4,024,987 3,713,292 311,695 108.4 For more information regarding the liability of the City with respect to its employees, please reference "Note 5. Defined Benefit Pension Plan - Single Employer - Fire Relief Association" of the City's Comprehensive Annual Financial Report for fiscal year ended December 31, 2015, an excerpt of which is included as Appendix IV of this Official Statement. Sources: Cl!3' 's Comprehensive Aninial Financial Reports. -25- CrAS,R 6R In June 2012, the Government Accounting Standards Board (GASB) issued Statement No. 68, Accounting and Financial Reporting for Pensions (GASB 68) and related GASB Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement Date-an amendment to GASB 68, effective for the City's fiscal year ended December 31, 2015. These statements revise existing standards for measuring and reporting pension liabilities for pension plans provided to City employees and require recognition of a liability equal to the City's proportionate share of net pension liability, which is measured as the total pension liability less the amount of the pension plan's fiduciary net position. The pronouncements require the restatement of the City's December 31, 2014 net position of its governmental activities. Please reference "Note 1. Summary of Significant Accounting Policies, S. Change in Accounting Principles" of the City's Comprehensive Annual Financial Report for fiscal year ended December 31, 2015, an excerpt of which is included as Appendix IV of this Official Statement. For the fiscal year ended December 31, 2015, the City's proportionate shares of the GERF and PEPFF pension costs as of the measurement date of December 31, 2014 were 0.1243% and 0.4460%, respectively; and the City's net pension liability for GERF and PEPFF were $6,441,872 and $5,067,604, respectively. For more information regarding GASB 68 with respect to the City, please reference "Note 4. Defined Benefit Pension Plan" of the City's Comprehensive Annual Financial Report for fiscal year ended December 31, 2015, an excerpt of which is included as Appendix IV of this Official Statement. Additional and detailed information about GERF's net position is available in a separately-issued PERA financial report, which may be obtained at www.mnpera.org ; by writing to PERA at 60 Empire Drive 4200, St. Paul, Minnesota, 55103-2088; or by calling 1-800-652-9026. Sources: City 's Comprehensive A inn ial Financial Reports Other Post-Employment Benefits The City provides continued health insurance coverage for retired City employees who, on the date of their retirement, meet PERA Or PEPFF eligibility requirements for a full retirement annuity, without reduction of benefits because of age, disability, or any other reason. This coverage does not extend to the retiree's family, except that if the retiree desires to continue additional coverage, the cost in excess of the single premium must be paid by the retiree. This benefit began in 1986 and was subsequently discontinued for employees hired after January 31, 1992. As of December 31, 2015, the City had 168 eligible participants. The City currently finances the plan on a pay-as-you-go basis. During 2015, the City expended $226,469 for these benefits. -26 - With the advent of GASB Statement 45, the City has engaged actuaries to provide biennial actuarial valuation reports. Under GASB 45 such costs must be accounted for on an accrual basis. The City must report an annual OPEB cost based on actuarially determined amounts that, if paid on an ongoing basis, will provide sufficient resources to pay these benefits. The most recent actuarial report is dated January 1, 2014, for a valuation date of December 31, 2014. Components of the City's annual OPEB cost, the amount actually contributed to the plan, and the changes in the City's net OPEB obligation to the plan for the fiscal year ended December 31, 2015 are as follows: Annual required contribution $ 226,469 Interest on net OPEB obligation 28,350 Adjustment to annual required contribution (25,5 82) Annual OPEB cost (expense)$ 229,237 Contributions made: Direct $(123,416) Indirect Implicit Rate Subsidy (25,210) Increase in net OPEB obligation $ 80,611 Net OPEB obligation - beginning of year 629,994 Net OPEB obligation - end of year $7105 Funded status of the City's OPEB as reported in the actuarial reports received to-date: Unfunded UAAL as a Actuarial Actuarial Percentage of Actuarial Accrued Accrued Covered Covered Valuation Date Liability (AAL)Liability (UAAL)Payroll Payroll January 1, 2014 $2,574,529 $2,574,529 $9,934,960 25.91% January 1, 2012 2,620,367 2,620,367 9,472,237 27.66 January 1, 2010 3,012,383 3,012,383 9,143,276 32.95 January 1, 2008 3,996,136 3,996,136 8,882,315 44.99 Required contributions as reported in the actuarial reports received to-date: Annual Net Fiscal OPEB Employer % of Annual OPEB OPEB Year Ended Cost Contributions Cost Contributed Obligjn December 31, 2015 $229,237 $148,626 64.84%$710,605 December 31, 2014 226,724 182,756 80.61 629,994 December 31, 2013 238,744 140,071 58.67 586,026 December 3l,2012 235,915 159,375 67.56 487,353 December 3l,2011 256,278 210,319 82.07 410,810 For more information regarding the liability of the City with respect to its employees, please reference "Note 8. Other Post-Employment Benefits" of the City's Comprehensive Annual Financial Report for fiscal year ended December 31, 2015, an excerpt of which is included as Appendix IV of this Official Statement. Som,ices: City's Comprehensive A immial Financial Reports. -27- General Fund Budget Summary 2015 Budget 2015 Actual 2016 Budget January 1 Fund Balance $11,020,081 $11,020,081 $11,170,917 Revenues: Taxes $15,751,533 $15,532,039 Licenses and Permits 728,115 859,534 Intergovernmental 1,362,941 1,410,695 Charges for Services 855,000 749,569 Fines & Forfeits 316,500 268,116 Special Assessments 85,000 148,234 Investment Earnings 46,787 62,276 Transfers In 150,000 201,684 Miscellaneous 106.725 142,800 Total Revenues $19,402,601 $19,374,947 Expenditures: General Government $ 3,650,259 $ 2,769,009 Public Safety 10,436,293 9,809,177 Public Works 3,620,234 1,880,792 CARS 1,539,497 3,138,691 Non-Departmental 983,253 450,129 Transfers Out (826,935)'1,176,313 Total Expenditures $19,402,601 $19,224,111 December 31 Fund Balance $11,020,081 $11,170,917 * Budgeted transfers out include reimbursements of administrative expensesfi-oin other funds. Sources: City's Comprehensive Annual Financial Reports and 2016 Budget. $16,003,749 806,850 1,386,437 813,397 301,500 130,000 74,526 150,000 116.700 $19,783,159 $ 3,757,001 10,569,024 3,735,795 1,627,484 953,643 (856,788)' $19,786,159 $11,167,917 Major General Fund Revenue Sources Revenue 2011 2012 2013 Taxes $13,253,417 $14,266,612 $15,017,242 Intergovernmental 934,948 966,479 1,086,162 Licenses and Permits 961,947 858,593 1,084,003 Charges for Services 1,098,334 1,046,626 990,123 Fines & Forfeits 340,356 336;740 160,755 Sources: City's Comprehensive Annual Financial Reports. 2014 $14,991,781 1,401,447 1,021,410 810,597 312,130 2015 $15,532,039 1,410,695 859,534 749,569 268,116 -28- APPENDIX I PROPOSED FORM OF LEGAL OPINION $5,655,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A City of Brooklyn Center Hennepin, Minnesota We have acted as bond counsel to the City of Brooklyn Center, Hennepin, Minnesota (the "Issuer") in connection with the issuance by the Issuer of its General Obligation Improvement and Utility Revenue Bonds, Series 2016A (the "Bonds"), originally dated the date hereof and issued in the original aggregate principal amount of $5,655,000. In such capacity and for the purpose of rendering this opinion we have examined certified copies of certain proceedings, certifications and other documents, and applicable laws as we have deemed necessary. Regarding questions of fact material to this opinion, we have relied on certified proceedings and other certifications of public officials and other documents furnished to us without undertaking to verify the same by independent investigation. Under existing laws, regulations, rulings and decisions in effect on the date hereof, and based on the foregoing we are of the opinion that: 1.The Bonds have been duly authorized and executed, and are valid and binding general obligations of the Issuer, enforceable in accordance with their terms. 2.The principal of and interest on the Bonds are payable primarily from special assessments levied or to be levied on property specially benefited by local improvements and revenues of the water and sewer utility systems of the Issuer, but if necessary for the payment thereof ad valorem taxes are required by law to be levied on all taxable property of the Issuer, which taxes are not subject to any limitation as to rate or amount. 3.Interest on the Bonds is excludable from gross income of the recipient for federal income tax purposes and, to the same extent, is excludable from taxable net income of individuals, trusts, and estates for Minnesota income tax purposes, and is not a preference item for purposes of the computation of the federal alternative minimum tax, or the computation of the Minnesota alternative minimum tax imposed on individuals, trusts and estates. However, such interest is taken into account in determining adjusted current earnings for the purpose of computing the federal alternative minimum tax imposed on certain corporations and is subject to Minnesota franchise taxes on corporations (including financial institutions) measured by income. The opinion set forth in this paragraph is subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excludable from gross income for federal income tax purposes and from taxable net income for Minnesota income tax purposes. The Issuer has covenanted to comply with all such requirements. Failure to comply with certain of such requirements may cause interest on the Bonds to be included in gross income for federal income tax purposes and taxable net income for Minnesota income tax purposes retroactively to the date of issuance of the Bonds. We express no opinion regarding tax consequences arising with respect to the Bonds other than as expressly set forth herein. 4.The rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting creditor's rights generally and by equitable principles, whether considered at law or in equity. I-i We have not been asked and have not undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and accordingly we express no opinion with respect thereto. This opinion is given as of the date hereof and we assume no obligation to update, revise, or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. Dated , 2016 at Minneapolis, Minnesota. 1-2 APPENDIX II CONTINUING DISCLOSURE CERTIFICATE $5,655,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2016A ,2016 This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of Brooklyn Center, Minnesota (the "Issuer") in connection with the issuance of its General Obligation Improvement and Utility Revenue Bonds, Series 2016A, (the "Bonds") in the original aggregate principal amount of $5,655,000. The Bonds are being issued pursuant to resolutions adopted by the City Council of the Issuer (the "Resolutions"). The Bonds are being delivered to (the "Purchaser") on the date hereof. Pursuant to the Resolutions, the Issuer has covenanted and agreed to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events. The Issuer hereby covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders (as defined herein) of the Bonds in order to provide for the public availability of such information and assist the Participating Underwriter(s) (defined herein) in complying with the Rule (as defined herein). This Disclosure Certificate, together with the Resolutions, constitutes the written agreement or contract for the benefit of the Holders of the Bonds that is required by the Rule. Section 2. Definitions. In addition to the defined terms set forth in the Resolutions, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" means any annual report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Audited Financial Statements" means the Issuer's annual financial statements, prepared in accordance with generally accepted accounting principles ("GAAP") for Governmental Units as Prescribed by the Governmental Accounting Standards Board ("GASB"). "Bonds" means the General Obligation Improvement and Utility Revenue Bonds, Series 2016A, issued by the Issuer in the original aggregate principal amount of $5,655,000. "Disclosure Certificate" means this Continuing Disclosure Certificate. "EMMA" means the Electronic Municipal Market Access system operated by the MSRB and designated as a nationally recognized municipal securities information repository and the exclusive portal for complying with the continuing disclosure requirements of the Rule. "Final Official Statement" means the deemed final official statement dated __________, 2016, which constitutes the final official statement delivered in connection with the Bonds, which is available from the MSRB. "Fiscal Year" means the fiscal year of the Issuer. Il-i "Holder" means the person in whose name a security is registered or a beneficial owner of such a security. "Issuer" means the City of Brooklyn Center, Minnesota, which is the obligated person with respect to the Bonds. "Material Event" means any of the events listed in Section 5(a) of this Disclosure Certificate. "MSRB" means the Municipal Securities Rulemaking Board located at 1300 1 Street NW, Suite 1000, Washington, DC 20005. "Participating Underwriter" means any of the original underwriter(s) of the Bonds (including the Purchaser) required to comply with the Rule in connection with the offering of the Bonds. "Purchaser" means FTN Financial Capital Markets. "Repository" means EMMA, or any successor thereto designated by the SEC. "Rule" means SEC Rule 15c2-12(b)(5) promulgated by the SEC under the Securities Exchange Act of 1934, as the same may be amended from time to time, and including written interpretations thereof by the SEC. "SEC" means the Securities and Exchange Commission. Section 3. Provision of Annual Financial Information and Audited Financial Statements. (a)The Issuer shall provide, as soon as available, but not later than 12 months after the end of the Fiscal Year commencing with the year that ends December 31, 2016, the Repository with an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the Audited Financial Statements of the Issuer may be submitted separately from the balance of the Annual Report and will be submitted as soon as available. (b)If the Issuer is unable or fails to provide to the Repository an Annual Report by the date required in subsection (a), the Issuer shall send a notice of that fact to the Repository and the MSRB. (c) The Issuer shall determine each year prior to the date for providing the Annual Report the name and address of each Repository. Section 4. Content of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the following sections of the Final Official Statement: 1.City Property Values 2.City Indebtedness 3. City Tax Rates, Levies and Collections In addition to the items listed above, the Annual Report shall include Audited Financial Statements submitted in accordance with Section 3 of this Disclosure Certificate. 11-2 Any or all of the items listed above may be incorporated by reference from other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to the Repository or the SEC. If the document incorporated by reference is a final official statement, it must also be available from the MSRB. The Issuer shall clearly identify each such other document so incorporated by reference. Section 5. Reporting of Material Events. (a) This Section 5 shall govern the giving of notice of the occurrence of any of the following events ("Material Events") with respect to the Bonds: I. Principal and interest payment delinquencies; 2.Non-payment related defaults, if material; 3.Unscheduled draws on debt service reserves reflecting financial difficulties; 4.Unscheduled draws on credit enhancements reflecting financial difficulties; 5.Substitution of credit or liquidity providers, or their failure to perform; 6.Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 570 1—TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; 7.Modifications to rights of security holders, if material; 8.Bond calls, if material, and tender offers; 9.Defeasances; 10.Release, substitution, or sale of property securing repayment of the securities, if material; 11.Rating changes; 12. Bankruptcy, insolvency, receivership or similar event of the obligated person; 13, The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 14.Appointment of a successor or additional trustee or the change of name of a trustee, if material; and 15.Failure of an issuer or obligated person to provide annual financial information as required. (b) The Issuer shall file a notice of such occurrence with the Repository or with the MSRB within 10 business days of the occurrence of the Material Event. 11-3 (c) Unless otherwise required by law and subject to technical and economic feasibility, the Issuer shall employ such methods of information transmission as shall be requested or recommended by the designated recipients of the Issuer's information. Section 6. EMIvIA. The SEC has designated EMMA as a nationally recognized municipal securities information repository and the exclusive portal for complying with the continuing disclosure requirements of the Rule. Until the EMMA system is amended or altered by the MSRB and the SEC, the Issuer shall make all filings required under this Disclosure Certificate solely with EMMA. Section 7. Termination of Reporting Obligation. The Issuer's obligations under the Resolutions and this Disclosure Certificate shall terminate upon the legal defeasance, or upon the redemption or payment in full of all the Bonds. Section 8. Agent. The Issuer may, from time to time, appoint or engage a dissemination agent to assist it in carrying out its obligations under the Resolutions and this Disclosure Certificate, and may discharge any such agent, with or without appointing a successor dissemination agent. Section 9. Amendment Waiver. Notwithstanding any other provision of the Resolutions or this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, if such amendment or waiver is supported by an opinion of nationally recognized bond counsel to the effect that such amendment or waiver would not, in and of itself, cause a violation of the Rule. The provisions of the Resolutions constituting the undertaking and this Disclosure Certificate, or any provision hereof, shall be null and void in the event that the Issuer delivers to the Repository an opinion of nationally recognized bond counsel to the effect that those portions of the Rule which require the Resolutions and this Disclosure Certificate are invalid, have been repealed retroactively or otherwise do not apply to the Bonds. The provisions of the Resolutions and this Disclosure Certificate may be amended without the consent of the Holders of the Bonds, but only upon the delivery by the Issuer to the Repository of the proposed amendment and an opinion of nationally recognized bond counsel to the effect that such amendment, and giving effect thereto, will not adversely affect the compliance of the Resolutions and this Disclosure Certificate and by the Issuer with the Rule. Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Material Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Material Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Material Event. Section 11. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate any Holder of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under the Resolutions and this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an event of default with respect to the Bonds and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Participating Underwriters and Holders from time to time of the Bonds, and shall create no rights in any other persoli or entity. 11-4 IN WITNESS WHEREOF, we have executed this Disclosure Certificate in our official capacities effective as of the date and year first written above. CITY OF BROOKLYN CENTER, MINNESOTA By Its Mayor By_______ Its Manager 11-5 APPENDIX III SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION Following is a summary of certain statutory provisions relative to tax levy procedures, tax payment and credit procedures, and the mechanics of real property valuation. The summary does not purport to be inclusive of all such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota. Property Valuations (Chapter 273, Minnesota Statutes) Assessors Estimated Market Value. Each parcel of real property subject to taxation must, by statute, be appraised at least once every five years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value, which is the value the assessor determines to be the price the property to be fairly worth, and which is referred to as the "Estimated Market Value." The 2013 Minnesota Legislature established the Estimated Market Value as the value used to calculate a municipality's legal debt limit. Economic Market Value. The Economic Market Value is the value of locally assessed real property (Assessor's Estimated Market Value) divided by the sales ratio as provided by the State of Minnesota Department of Revenue plus the estimated market value of personal property, utilities, railroad, and minerals. Taxable Market Value. The Taxable Market Value is the value that Net Tax Capacity is based on, after all reductions, limitations, exemptions and deferrals. Net Tax Capacity. The Net Tax Capacity is the value upon which net taxes are levied, extended and collected. The Net Tax Capacity is computed by applying the class rate percentages specific to each type of property classification against the Taxable Market Value. Class rate percentages vary depending on the type of property as shown on the last page of this Appendix. The formulas and class rates for converting Taxable Market Value to Net Tax Capacity represent a basic element of the State's property tax relief system and are subject to annual revisions by the State Legislature. Property taxes are the sum of the amounts determined by (i) multiplying the Net Tax Capacity by the tax capacity rate, and (ii) multiplying the referendum market value by the market value rate. Market Value Homestead Exclusion. In 2011, the Market Value Homestead Exclusion Program (MVHE) was implemented to offset the elimination of the Market Value Homestead Credit Program that provided relief to certain homesteads. The MVHE reduces the taxable market value of a homestead with an Assessor's Estimated Market Value up to $413,800 in an attempt to result in a property tax similar to the effective property tax prior to the elimination of the homestead credit. The MVHE applies to property classified as Class la or lb and Class 2a, and causes a decrease in the City's aggregate Taxable Market Value, even if the Assessor's Estimated Market Value on the same properties did not decline. Property Tax Payments and Delinquencies (Chapters 275, 276, 277, 279-282 and 549, Minnesota Statutes) Ad valorem property taxes levied by local governments in Minnesota are extended and collected by the various counties within the State. Each taxing jurisdiction is required to certify the annual tax levy to the county auditor within five (5) working days after December 20 of the year preceding the collection year. A listing of property taxes due is prepared by the county auditor and turned over to the county treasurer on or before the first business day in March. 111-1 The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements are mailed out by March 31. One-half (1/2) of the taxes on real property is due on or before May 15. The remainder is due on or before October 15. Real property taxes not paid by their due date are assessed a penalty on homestead property of 2% until May 31 and increased to 4% on June 1. The penalty on nonhomestead property is assessed at a rate of 4% until May 31 and increased to 8% on June 1. Thereafter, an additional 1% penalty shall accrue each month through October 1 of the collection year for unpaid real property taxes. In the case of the second installment of real property taxes due October 15, a penalty of 2% on homestead property and 4% on nonhomestead property is assessed. The penalty for homestead property increases to 6% on November 1 and again to 8% on December 1. The penalty for nonhomestead property increases to 8% on November 1 and again to 12% on December 1. Personal property taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the unpaid tax. However, personal property that is owned by a tax-exempt entity, but is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties as real property. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the county auditor files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to this notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the judgment is subject to a variable interest determined annually by the Department of Revenue, and equal to the adjusted prime rate charged by banks but in no event is the rate less than 10% or more than 14%. Property owners subject to a tax lien judgment generally have three years (3) to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title held in trust by the State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county - 40%; town or city - 20%; and school district - 40%. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: property tax levy reduction aids; the homestead credit refund and the renter's property tax refund, which relate property taxes to income and provide relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The homestead credit refund, the renter's property tax refund, and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid, equalization aid, county program aid and disparity reduction aid. Debt Limitations All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is defined as the amount remaining after deducting from gross debt the amount of current revenues that are applicable within the current fiscal year to the payment of any debt and the aggregate of the principal of the following: 1.Obligations issued for improvements that are payable wholly or partially from the proceeds of special assessments levied upon benefited property. 2.Warrants or orders having no definite or fixed maturity. 3. Obligations payable wholly from the income from revenue producing conveniences. 111-2 4.Obligations issued to create or maintain a permanent improvement revolving fund. 5.Obligations issued for the acquisition and betterment of public waterworks systems, and public lighting, heating or power systems, and any combination thereof, or for any other public convenience from which revenue is or may be derived. 6.Certain debt service loans and capital loans made to school districts. 7.Certain obligations to repay loans. 8.Obligations specifically excluded under the provisions of law authorizing their issuance. 9.Certain obligations to pay pension fund liabilities. 10.Debt service funds for the payment of principal and interest on obligations other than those described above. 11.Obligations issued to pay judgments against the municipality. Levies for General Obligation Debt (Sections 475.61 and 475.74, Minnesota Statutes) Any municipality that issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) "Fiscal Disparities Law" The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as "Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the increase in commercial-industrial (including public utility and railroad) net tax capacity valuation since 1971 in each assessment district in the Miirneapolis/St. Paul seven-county metropolitan area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area-wide tax base shall be distributed back to each assessment district. 111-3 STATUTORY FORMULAE: CONVERSION OF TAXABLE MARKET VALUE (TMV) TO NET TAX CAPACITY FOR MAJOR PROPERTY CLASSIFICATIONS Property Type Residential Homestead (la) Up to $500,000 Over $500,000 Residential Non-homestead Single Unit (4bbl) Up to $500,000 Over $500,000 1-3 unit and undeveloped land (4b1) Market Rate Apartments Regular (4a) Low-Income (4d) Up to $100,000 Over $100,000 Up to $106,000 Over $106,000 Commercial/Industrial/Public Utility (3a) Up to $150,000 Over $150,000 Electric Generation Machinery Commercial Seasonal Residential Homestead Resorts (1 c) Up to $600,000 $600,000 - $2,300,000 Over $2,300,000 Seasonal Resorts (4c) Up to $500,000 Over $500,000 Non-Commercial (4c12) Up to $500,000 Over $500,000 Disabled Homestead (lb) Up to $50,000 Agricultural Land & Buildings Homestead (2a) Up to $500,000 Over $500,000 Remainder of Farm Up to $2,140,000 Over $2,140,000 Non-homestead (2b) Local Tax Local Tax Local Tax Payable Payable Payable 2012-2014 2015 2016 1.00%1.00%1.00% 1.25%1.25%1.25% 1.00%1.00%1.00% 1.25%1.25%1.25% 1.25%1.25%1.25% 1.25% 1.25% 1.25% 0.75% 0.75% 0.25% 0.75% 0,25% 1.50%15001.rt 1.50% 2.00%2.0001.2.00% 2.00%2.00%2.00% 0.55%0.50%0.50% 1.00%1.00%1.00% 1.25%1.250/.1.250/o 1.00%(0)1.00%(a)1.00% 1.25%1.25%1.25% 1.00°/d 100%(,(')1.00%° 1,259/6'ya 1.25%"1.25°/J1 0,45%0.45%0.45% 1.00%1.00%1.00% 1.25%1.25%1.25% 0.50%(')0.50% l.00%(1)1.00% 1.00%l.00%(1) (a) State tax is applicable to these classifications. Exempt from referendum market value based taxes. Legislative increases, payable 2016. Historical valuations are: Payable 2015 - $1,900,000; Payable 2014 - $1,500,000; Payable 2013 -$1,290,000; andPayable 2012 -$1,210,000. NOTE: For purposes of the State general property tax only the net tax capacity of non-commercial class 4c(l) seasonal residential recreational property has the following class rate slructw'e: First $76,000- 0.40%; $76,000 to $500,000- 1.00%; and over $500,000- 1.25%. In addition to the State tax base exemptions referenced by property classification, aim port property exempt from city and school district property taxes under MS. 473.625 is exempt from the State general property tax (MSP International Airport and Holman Field in St. Paul are exempt under this provision). 111-4 APPENDIX IV EXCERPT OF 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT Data on the following pages was extracted from the City's Comprehensive Annual Financial Report for fiscal year ended December 31, 2015. The reader should be aware that the complete financial statements may contain additional information which may interpret, explain or modify the data presented here. The City's comprehensive annual financial reports for the years ending 1966 through 2014 were awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA). The Certificate of Achievement is the highest form of recognition for excellence in state and local government financial reporting. The City has submitted its CAFR for the 2015 fiscal year to GFOA. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive ammal financial report (CAFR), whose contents conform to program standards. Such CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. IV-1 Nit Section IV-2 INDEPENDENT AUDITOR'S REPORT To the City Council and Management City of Bronklyrs Center, Minnesota REPORT ON THE FINANCIAL STATEMENTS We have audited the accompanying financial statements of the governmental activities, the business-typo activities, each major SAnd, and the aggregate remaining fiend information of the City of Brooklyn Center Minnesota (the City) as of and for the year ended December 31, 2015, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. MANAGEMENT'S RESPONSIBILITYFOR THE FINANCIAL STATEMENTS Management is responsible for the preparation and fob presentation of these rmanoiol statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or crone. AUDITOR'S RESPONSIBILITY Our responsibility is to coyness opinions no these financial statements based on our audit. We conducted one audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Gos'e,rrnroot Auditing Starrdarde, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whetherthe financial statements ace free from material misstatement. An audit involves performing procedures to obtain audit evidence about the mounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the City's preparation and fair presentation of the financial statements in order Is design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion no the effectiveness of the City's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. OPINIONS In our opinion, the financial statements refereed to an the previous page present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fond, and the aggregate remaining Band information of the City as of December 31, 2015, and the respective changes in financial position and, where applicable, cash flnscn thereof,and the budgetary compoeisoo for the General Fund and budgeted major special revenue foods for the year then ended, in accordance with accounting principles generally accepted in the United States of America. EMPHASIS OFMATrER As described in Note I of the notes to basic financial statements, the City has implemented Governmental Accounting Standards Board (GASH) Statement No. 61, Accounting and Financial Reporting for Feosioesa—arr arrsendrneot of GASB Soaremersr Na. 27, and GASH Statement No. 71, Pr-canon Transition, for Cor,rrlbs,tioon Made Subsequent lathe Meaonremertt Date—ass aoteodrr,eot of GA SB Statement No. 58, during the your ended December 31, 2015. Our opinion is net modified with respect to this matter. OTHER MASTERS Required Supplementary Information Accounting principles generally accepted in the United Stales of America require that the Management's Discussion and Analysis and the acquired Supplementary information (R51), as listed in the table of contents, be presented to supplement the bade financial statements. Such information, although solo port of the basic financial Statements, is required by the GASB, who considers it to bean essential post of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical molest. We have applied certain limited procedures Is the RSI in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency With managements responses to our inquiries, the basic financial statements, and other knowledge we obtained daring oar audit of the basic financial statements. We do not express as opinion or provide nay assurance on the information because the limited procedures do not provide us with sufficient evidence to express no opinion or provide any assurance. Other Iuforrnnton Our audit was conducted for the purpose of forming opinions on the financial Statements that collectively comprise the City's basic financial statements. The introductory section, combining and individual fund statements and schedules, and statistical section, as listed in the table of contents, are pretested for purposes of additional analysis and am net reqoiredpaets of the basic financial statements. The combining and individual fund Otatemeota and schedules we the responsibility of management and were derived from and relate directly to the cndrrtyinfl necoanfing and other records used In prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, motoring comparing and reconciling such information directly to the naderlying accounting and other records used In prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United Stales nf America. Is our opinion, the combining and individual fund statement and schedules are fairly slated, in all material respects, is relation to the basic financial statements as whole. The introductory and statistical sections have not been subjected In the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. OTHER REPORTING REQUIRED By GOVERNMENT AUDITING STANDARDS In accordance with Goverraneni Auditing Standards, we base also issued our report dated May 23, 2016 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with reetais provisions of town, regulations, contracts, grant agreements, and ether matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting Sr 00 compliance. That report is as integral pact of an audit performed in accordance with Goserarrs;errt Auditor5 Standards in considering the City's internal control over financial reporting and compliance. 1lt'u, *on4r, Kwnxncninb, 12€aasar& .,A Minneapolis, Minnesota May 23,2016 IV-3 0 E > 0 'g 2 "•2o•' o go o w 0:2VUI UHI •WiU o Vo i F;p ui IH! 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Cost of capital assets 88,432,872 (35,791,354)Accumulated depreciation Long-term liabilities, including bonds payable, are not due and payable in the current period, and therefore, are not reported as liabilities in governmental funds. Bonds payable (29,476,248) Accrued interest payable (448,419) Some receivables are not available soon enough to pay for the current period's expenditures, and therefore, are unavailable in governmental funds. Delinquent property taxes receivable 284,691 200,299Delinquent tax increments receivable 4,485,051Special assessments receivable 59,400Interest on notes receivable 2,699,322Intergovernmental receivable The Plan Fiduciary Net Position of the City's Fire Relief Association Pension Fund currently exceeds the actuarially determined total pension liability creating a net pension asset 1,092,416 Deferred outflows related to the City's Fire Relief Association Pension Fund Net difference between projected and actual investment earnings 81,506 Contributions to the plan subsequent to the measurement date 148,061 Deferred inflows related to City's Fire Relief Association Pension Fund Grant funding of contributions to the plan subsequent to the measurement date (143,061) Internal service funds are used by management to charge the cost of certain activities to individual funds. The assets and liabilities are included in the governmental statement of net position.(786 Total net position - governmental activities $ 79,256,557 The notes to the financial statements are an integral part of this statement. IV-14 —— cc 00 cc cc ccc N CO 0 0 cc N '0 cc en cc cc cc 00 00 cc 04 0 en cc 0 N siI cc cc 00 0 010 co cc cc C gg 1— ccc '0 0 cc N Co N 0 0 cc N CO 0 — N 0 cc N o cc 0 00 0 enj cc 0 00 0O -1 cco EHo cccc .-' — cc r-00 00 cccO cc 0-0 0 c-i ccc cc en -00(000 ' 00 0000000 000 000 ' (00000-P Cc 00 00 (4000 N (0 0 00 Cc cc j!cc If '''''''u 1 ell c p0 0000 ,,Nr-c1 04Cr 0 000 00cccOO NO cc 'N 0 0 — -c— c en en cc V 0 0 0 0 (4 S 00 00 cc -P (9 00 50 ccl 51 500 - c 00 cc 0 en en 0 c0lc0 0'5, O 0 0 .0 0 P cc .0 o- e- (0 00 0 '— - cc .-, cc 00 ('0 00 P0 .- .0 Co ,-cc Co cc (0 ('0cc 01'-'10(4 cc 010 0 'cc 00 ('Co0 cc0,,N 0 00 00 cc C0 '-' 0j00 ,-P CO(400cccc 0 P0 '-P I en ''''P'''''0 en cc 0 en 0 0 0 ' (4 en —cc -o.0 Cc 0 cc 0000 0 ('0000000000 N (0 001'--0 cO'cc00 000 cc 00cr0 CO0 0-'oo en ,-, cc -p en cc Cc en on '001 (0000 0 00 00 cc 00 00 00 Ncc en cc N P'''P''0' CO PPP'P0' '''P '''P 0 N ,,,,,JJ J : (0 -: H — ''2-m sol0 01 000'Po'-'occo c0Q0 (00(00 (-,.0000000cc- (-000cco ''''00 N cc cc cc'''j5 I'0J cc 0 00 5 00 0 cccc000en N CO '0 '000 cc Co c-0O,-0 cc ,0 coo enen I I ii coo cO C o 0 00 0 ,c ' ' fl' OOZE c-,5 IUi'P ^l mi 0 0 o 15voHSC Z coo U, C 'C cc C IV-15 CITY OF BROOKLYN CENTER, MINNESOTA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUN) BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES For the Year Ended December 31, 2015 Total net change in fund balances - governmental funds S 2,213,800 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives as depreciation. Capital outlays 10,465,952 Depreciation expense (2,489,587) Contributions of capital assets to the proprietary funds decrease net position in the statement of activities, but do not appear in the governmental funds because they are not financial resources.(1,034,574) The issuance of long-term debt provides current financial resources to governmental funds, while the repayment of principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net position. Long-term debt issued (10,016,248) Principal repayments 3,025,000 Interest on long-term debt in the statement of activities differs from the amount reported in the governmental funds because interest is recognized as an expenditure in the funds when it is due, and thus requires the use of current financial resources. In the statement of activities, however, interest expense is recognized as the interest accrues, regardless of when it is due.(79,541) Contributions to the Fire Relief Association Pension are reported as expenses in the fund financial statements. In the statement of activities, however, all facets of the pension plan are taken into account and when considering things such as investment return, changes in assumptions, and plan performance differing from expectations, pension expense related to this retirement plan for the year was reported at the following amount.100,660 Certain revenues are recognized as soon as they are earned. Under the modified accrual basis of accounting, certain revenues cannot be recognized until they are available to liquidate liabilities of the current period. Property taxes 205,827 136,169Tax increments 346,883Special assessments (150,600) Interest on notes receivable (forgiven)1,621,818Intergovernmental Internal service funds are used by management to charge the cost of certain activities to individual funds. This amount is net revenue attributable to governmental activities.(414,523) Change in net position - governmental activities $ 3,931,036 The notes to the financial statements are an integral part of this statement. IV-16 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL FUN) - STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Year Ended December 31, 2015 Variance with Final Budget - Budgeted Amounts Actual Positive On Final Amounts REVENUES Property taxes $ 14,871,533 $ 14,871,533 $ 14,456,614 S (414,919) Lodging taxes 880,000 880,000 1,075,425 195,425 Licenses and permits 728,115 728,115 859,534 131,419 Intergovernmental 1,362,941 1,362,941 1,410,695 47,754 Charges for services 855,000 855,000 749,569 (105,431) Special assessments 85,000 85,000 148,234 63,234 Fines and forfeits 316,500 316,500 268,116 (48,384) Investment earnings (net of market value adjustment)46,787 46,787 62,276 15,489 Miscellaneous 106,725 106,725 142,800 36,075 Total revenues 19,252,601 19,252,601 19,173,263 (79,338) EXPENDITURES Current: General government 3,028,435 3,028,435 2,760,756 267,679 Public safety 10,329,293 10,329,293 9,785,487 543,806 Public works 2,092,330 2,092,330 1,876,899 215,431 Community services 161,000 161,000 135,604 25,396 Parks and recreation 2,625,401 2,625,401 2,488,990 136,411 Economic development 418,000 418,000 510,827 (92,827) Nondepartmental 404,253 404,253 450,129 (45,876) Capital outlay: General government 22,500 22,500 8,253 14,247 Public safety 107,000 107,000 23,690 83,310 Public works 4,000 4,000 3,893 107 Parks and recreation 23,000 23,000 3,270 19,730 Total expenditures 19,215,212 19,215,212 18,047,798 1,167,414 Excess (deficiency) of revenues over (under) expenditures 37,389 37,389 1,125,465 1,088,076 OTHER FINANCING SOURCES (USES) Transfers in Transfers out Total other financing sources (uses) Net change in fund balance Fund balance - January 1 Fund balance - December 31 150,000 150,000 201,684 51,684 (187,389) (187,389) (1,176,313)(988,4) (37,389) (37,38 (974,629) (937,40) - - 150,836 150,836 11,020,081 11,020,081 11,020,081 - $ 11,020,081 $ 11,020,081 $11,170,917 $ 150,836 The notes to the financial statements are an integral part of this statement. IV-17 CITY OF BROOKLYN CENTER, MINNESOTA TAX INCREMENT DISTRICT NO. 3- STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Year Ended December 31, 2015 Variance with Final Budget - Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Tax increments $ 2,976,947 $ 2,976,947 $ 2,953,728 $ (23,219) Charges for services - - 177,213 177,213 Investment earnings (net of market value adjustment) 9,939 9,939 19,833 9,894 Miscellaneous - - 21,874 21,874 Total revenues 2,986,886 2,986,886 3,172,648 185,762 EXPENDITURES Current Economic development Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Sale of capital assets Transfers out Total other financing sources (uses) Net change in fund balance Fund balance - January 1 Fund balance - December 31 8,000 8,000 1,483,476 (1,475,476) 2,978,886 2,978,886 1,689,172 (1,289,714) - - 4,820 4,820 (2,497,331) L2,497,331 (2,395,982) 101,349 (2,497,331) (2,497,331) (2,391,162) 106,169 481,555 481,555 (701,990) (1,183,545) 17,898,749 17,898,749 17,898,749 - $ 18,380,304 $ 18,380,304 S 17,196,759 8(1,183,545) The notes to the financial statements are an integral part of this statement. IV-18 CITY OF BROOKLYN CENTER, MINNESOTA TAX INCREMENT DISTRICT NO.5 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Year Ended December 31, 2015 MINNINNINEEMEM Variance with Final Budget - Budgeted Amounts Actual Positive Original Final Amounts REVENUES Tax increments 8 435,437 $ 435,437 $ 353,417 S (82,020) Investment earnings (net of market value adjustment)816 816 458 _(3__ Total revenues 436,253 436,253 353,875 (82,378) EXPENDITURES Current: Economic development: Services and other charges Excess (deficiency) of revenues over (under) expenditures OTHER FINANCING SOURCES (USES) Transfers out Net change in fund balance Fund balance - January 1 Fund balance - December 31 (1,299,859) (1,299,859) - $ (1,299fi4 $ (1,299,043) $ (2,241,466)_§_____L942,4231 The notes to the financial statements are an integral part of this statement. IV-19 0 n ! 11!! 1 P P$ !!1 'Hl 1 ir 1 P ! 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Interest Dollar Interest Dollar Year Rate (%)Yield (%)Price Year Rate (%)Yield ()Price 2018 _____2023 __________ 2019 ______%______2024 2020 %2025 2021 2026 2022 2027 Designation of Term Maturities Years of Term Maturities In making this offer on the sale date of September 12, 2016 we accept all of the terms and conditions of the Terms of Proposal published in the Preliminary Official Statement dated August 19, 2016 including the City's right to modify the principal amount of the Bonds. (See "Terms of Proposal" herein.) In the event of failure to deliver these Bonds in accordance with said Terms of Proposal, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be immediately returned. All blank spaces of this offer are intentional and are not to be construed as an omission. Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the verification of the offer, we have made the following computations: NET INTEREST COST TRUE INTEREST RATE: % The Bidder 0 will not 0 will purchase municipal bond insurance from Account Members Account Manager By: Phone: The foregoing proposal has been accepted by the City. Attest: Date: Pieliinina;y; subject to change. Phone: 651-223-3000 Fax: 651-223-3046 Email: bond services(sprincsted.cOm Website: www.springsted.com Spil ngsted Public Sector Advisors City Council Agenda Item No0 lOc [i1IJI1 I N ik"4 UYA I ak'4 (I) 1iI IlIJh'A I DATE: September 6, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Mike Albers, Project Engineer SUBJECT: Resolution Considering the Appeal of Special Assessment Deferral for 3506 Woodbine Lane Submitted by Alie and Abioseh Kamara Recommendation: It is recommended that the City Council consider adoption of a resolution considering the appeal of special assessment deferral for 3506 Woodbine Lane submitted by Alie and Abioseh Kamara as part of the Palmer Lake West Area Street, Storm Drainage and Utility Improvements, Improvement Project Nos. 2016-01, 02, 03 and 04. Background: The Palmer Lake West Area Street, Storm Drainage and Utility Improvements were previously established by the City Council on May 26, 2015, by Resolution 2015-85. On November 9, 2015, the City Council received the project feasibility report and called for public hearings to be held on December 14, 2015, to consider the improvements and special assessments. On December 14, 2015, the City Council conducted a series of two public hearings on the proposed Palmer Lake West Area Street, Storm Drainage and Utility Improvements. At that meeting the City Council ordered the improvements and certified special assessments for the project to the Hennepin County Tax Rolls. The owners of 3506 Woodbine Lane, Alie and Abioseh Kamara (applicant), inquired about the assessment deferral program. The City mailed an application packet to the applicant on December 7, 2015, and on April 12, 2016, their application was received. The application was reviewed in accordance with the City's Special Assessment and Assessment Deferral Program Policies and determined that the applicant was not eligible for a deferment. Based on this policy, the applicants' annual household income for the household size exceeded the Very Low (50%) Income Limit amount established annually by Housing and Urban Development (HUD) for fiscal year 2016, thus not meeting the established financial hardship level. On April 15, 2016, a letter was mailed to the applicant notifying them they were not eligible for a deferral of assessment based on their income and it stated that they could appeal before the City Council. A copy of the denial letter for deferment of special assessments is attached. To appeal to the City Council a letter was to be submitted to the Mayor requesting an appeal. The applicant submitted an appeal letter dated May 2, 2016, see attached letter. At the July 25, 2016, City Council Work Session, the City Council reviewed the Assessment Deferral Program appeal process and determined that an appeal process was not needed at this time for this program. jVfission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust I]IJ[lVI*UYAIOIIYAtI] IflhJhYAI However, in light of the current appeal, a hearing has been scheduled for the City Council's consideration. Based on the established policy and the most recent data provided pertaining to household income, the applicant does not meet the requirement of a "financial hardship" and therefore is recommended to deny the request of assessment deferral. Budget Issues: There are no significant budget issues to consider. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive comiminitv that enhances the qualiv of life for all people and preserves (lie public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CONSIDERING THE APPEAL OF SPECIAL ASSESSMENT DEFERRAL FOR 3506 WOODBINE LANE SUBMITTED BY ALIE AND ABIOSEH KAMARA WHEREAS, the City received an application from Alie and Abioseh Kamara (Applicants) for deferral of special assessments at 3506 Woodbine Lane for the Palmer Lake West Area Street, Storm Drainage and Utility Improvements, Improvement Project Nos. 2016- 0 1, 02, 03 and 04; and WHEREAS, the City's assessment deferral program is conducted in accordance with the Brooklyn Center City Council Code of Policies Section 2.10.4 Assessment Deferral Program; and WHEREAS, the application was reviewed and the Applicants' total income exceeds the level that defines a financial hardship per the fiscal year 2016 "Very Low Income" limit established by Housing and Urban Development (MUD) for household income limits; therefore, the Applicants are not eligible for a deferral; and WHEREAS, on. April 15, 2016, a letter was mailed to the Applicants notifying that they were not eligible for a deferral of assessment based on their income limits and if they wished to appeal to the City Council, a letter was to be submitted to the Mayor requesting an appeal; and WHEREAS, on May 2, 2016, an appeal letter was received and an appeal process was started for this process; and WHEREAS, at the July 25, 2016, City Council Work Session, the City Council reviewed the current Assessment Deferral Program and determined that an appeal process was not needed at this time for the Assessment Deferral Program. The City Council also determined to update the Policy to explicitly define that if a property owner is first denied a deferral and has subsequent income changes that then qualifies them for a deferral, the City should then reconsider an assessment deferral request based on this changed information at that time and throughout the duration of the levied assessment term; and WHEREAS, the most recent data provided pertaining the household income of the Applicants does not meet the requirement of a financial hardship per the City policy. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council denies the request for a deferment of special assessments levied to 3506 Woodbine Lane for Improvement Project Nos. 2016-01 and 02 based upon the finding that the applicant does not fall below established financial hardship guidelines in accordance with the City Council Code of Policies. September 12, 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. v4V BCIV-y orROOKLYN CENTER AGREAT PLACE TO START, A GREAT PLACE TO STAY www ciryofbioohiyncentet o:q December 7, 2015 Abioseh Kamara 3506 Woodbine Lane N Brooklyn Center, MN 55429 Re: Potential Deferral of Assessments Dear Ms. Kamara: Thank you for your interest in the Brooklyn Center policy for deferment of special assessments for persons 65 years of age or older, or who are retired due to total and permanent disability. To be eligible for the deferral program, you must meet certain income guidelines If your total household income, including pensions, Social Security, disability payments, interest, rental income, etc., is less than the limit shown in the table below (*pl ease note, dollar figures listed in the belo' table are 2015 limits. 2016 limits will not be available until late spring), then you may be able to defer a part of your assessment. A deferral means you would pay a portion of the special assessment now, either in full or over time on your property taxes, and a part of the assessment when you sell your house. This is not a discount. Number of People in the Household Maximum Total Annual Income To Be Eligible 1 person $29,050 2 $33,200 3 $37,350 4 $41,450 The deferral policy says that the maximum amount you would have to pay per year on the installment plan would be 1-1/2 percent of your income. So, for example, if your annual income is $10,000, the most you would have to pay per year would be $150. The deferred portion of the assessment is certified to the County as a separate levy. Interest accrues at the rate of 4.0% annually until the deferred levy is paid. To be considered for a deferral, please complete the attached Brooklyn Center application and return it to us for our review by May 13, 2016. We must also have copies of your tax records to accompany the documents. Please follow the directions on page two of this letter. If you are eligible for a deferral, we will send to you for your signature the Hennepin County form that requires the City to submit when it certifies tax levies. The Hennepin County form will be the official record of the deferment and will be on file at the Hennepin County Recorder's Office, C{ty 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 Important Information: Please note that by State Law, your ability to defer a portion of your special assessment will terminate if one or more of the following conditions exist: D. Termination The option to defer the payment of special assessments shall terminate and all amounts accumulated, plus applicable interest, shall become due upon the occurrence of one of the following events: The death of the owner, provided that the spouse 'is otherwise not eligible for the benefits. 2. The sale, transfer, or subdivision of the property or any part thereof, If the property should for any reason lose its homestead status. 4. The City Council determines that a hardship no longer exists. INSTRUCTIONS: 1.Complete Sections I, H and III. You must include copies of tax forms, 1099's, etc. Since we have plenty of time, you can wait until the May deadline to submit your information (application and copies of tax and income related documents). 2.Sign and date the form in the presence of any notary public. There are notaries at City Hall who will notarize your form at no charge. If you are unable to visit City Hall or have the form notarized elsewhere, a staff person from City Hall who is a notary would be happy to come to your home and notarize it. Return the form to: Engineering Division City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 4. Staff in the Engineering Division will determine your eligibility. You will be notified of their results. If you are eligible, you will receive copies of the Hennepin County form to sign and return should you decide to move forward with the deferment. If you are not eligible, we will notify you. After returning the Hennepin County forms you do not need 'to do anything more. The City will take care of notifying Hennepin County. 6. Once again, this is not a discount. Keep in mind interest accrues on any deferred amounts until the house sells (so if you do not sell your house for 15 years, interest accrues that entire time). If you have any questions, please contact the Engineering Division at 763.569-3340. CITY OF BROOKLYN CENTER APPLICATION FOR DEFERMENT OF SPECIAL ASSESSMENTS Name of Property Owner(s) Ati € ' \<('\R\ Address of Property > / N ( I lit F (1 D< IR, c \N <U4 5( Mailing Address (If Different): Phone I (we) furnish the following information to the City of Brooklyn Center to be used in evaluating my (our) request for deferment of certain special assessments levied against my (our) property. I (we) understand that deferment of payment of some or all of a special assessment is possible for persons: who, as of January 1 of the payment year, are 65 years of age or older or are retired due to total and permanent disability; and o whose property is homesteaded according to the records of the City Assessor on the date of the adoption of the assessment roll; and o whose income for the year preceding the payment does not exceed an amount annually established by the City council; and whose total of annual installments of special assessments exceeds I percent of household income, INSTRUCTIONS: Complete sections I, II and III; sign and date. 1. I CERTIFY THAT MY PROPERTY IS HOMESTEADED. (initials) II. BASIS OF DEFERRAL (check one) A property owner is 65 years of age or older OR A property owner is retired due to total and permanent disability Ill. FINANCIAL DISCLOSURE for total annual income for the year ending December 31, 20J _,T , KIND OF INCOME (Total Annual)TOTAL COMMENTS Wages, lips, Commissions I. )). t 1i ()ise \i4 - €2. t' Oic\(E €\I€ Social Security Interest _or_ Investment _Income Pension Self Employment Income lI IIIL I lthlL1i WDisability, Workers' Compensation,l< €2(:-1Unemployment Income from Renters /(/f,IRailroad Retirement, all other income ) .--)GU I t c: TOTAL /)4'( tlLL.\ /Vl\. I)(:) fl \1lhIv I (we) have completed this form and under penalties of perjury declare the information to be true and accurate to the bestof my (our) knowledge and belief. Subscribed and Sworn to before me ./11? , IThis I day of 20/i •Cu(! i. -. j Signature or Applicant Date • :/• !' /.ir U Notary PublicSignature of Applicant Date Notary Public Mlnneeote 2020 CZ11119 orAR00gav- X. CENTER'3. A GREAT PLACE TO START A GREAT PLACE TO STAY www, cityofbrooklyncenter. org April 15, 2016 Alie and Abioseh Kamara 3506 Woodbine Lane N Brooklyn Center, MN 55429 Re: Deferment of Special Assessments Dear Alie and Abioseh Kamai'a: The City of Brooklyn Center has received and reviewed your Application for Deferment of Special Assessments. Based on the information you provided, City staff has determined you are not eligible for a deferment because your income exceeds the limits established for the program. The income limits are based on Housing and Urban Development HUD) estimates of 2016 median household income amounts (see enclosure), The City of Brooklyn Center utilizes the Very Low (50%) Income Limits amount to determine eligibility. You may appeal this decision before the City Council. To do so, you must write a letter to the Mayor requesting an appeal. A copy of that letter should also be sent to the City Manager. If you have any questions, please contact the Engineering Division at 763-5693340. Thank you. Sincerely, /. I IVI Maria Rose,Yibauni Engineering Division Enclosure City Hull Community Center Police S Fire Dapurtmeiits6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue NorthBrooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853763.569.3300. Fax: 763,569,3494 763.569.3400 Fax: 763.569,3434 763.569.3333' Fax: 763.561.0717 FY 2016 Income Limits Documentation System -- Summary for Hennepin County, Minn.,, Page 1 of 2 Hi FY 2016 INCOME LIMITS DOCUMENTATION SYSTEM HUD,crov HUD User Home Data Sets Fair Market Rents Section 8 Income Limits MTSP Income Limits HUD LIHTC Database FY 2016 Income Limits Summary FY 2016 Median FY 2016 Persons in Family Income Income Income Limit Limit Area Explanation Category 1 2 3 4 5 6 7 8 Very Low (5O%) Income 30,050 34,350 38,650 42,900 46,350 49,800 53,200 56,6 Limits ($) Explanation Extremely Hennepin!$85,800 Low Income County i Limits 18,050 20,600 23,200 25,750 28,440 32,580 36,730 40,89 Explanation Low (80%) Income Limits c: 46,000 52,600 59,150 65,700 71,000 76,250 81,500 86, Explanation Selecting any of the buttons labeled "Explanation" will display detailed calculation steps for each of the various parameters. NOTE: Hennepin County is part of the Minneapolis-St. Paul-Bloomington, MN-WI HUD Metro FMR Area so all information presented here applies to all of the Minneapolis-St. Paul-Bloomington, MN- WI MUD Metro FMR Area, The Minneapolis-St. Paul-Bloomington, MN-W1 HUD Metro FMR Area contains the following areas: Anoka County, MN; Carver County, MN; Chisago County, MN; Dakota County, MN; Hennepin County, MN; Isanti County, MN; Ramsey County, MN; Scott County, MN; Sherburne County, MN; Washington County, MN; Wright County, MN; Pierce County, WI; and St. Croix County, WI. The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to be the greater of 30/50ths (60 percent) of the Section 8 very low-income limit or the poverty guideline as established by the Department of Health and Human Services (HHS), provided that this amount is not greater than the Section 8 50% very low-income limit. Consequently, the extremely low income limits may equal the very low (50%) income limits. Income Limit areas are based on FY 2016 Fair Market Rent (FMR) areas. For information on FMRs, please see our associated FY 2016 Fair Market Rent documentation system. For last year's Median Family Income and Income Limits, please see here: https://www ,huduser.gov/portal/datasets/i!/i120 16/201 6summary odn 4/13/2016 FY 2016 Income Limits Documentation System -- Summary for Hennepin County Minn... Page 2 of 2 FY201 5 Median Family Income and Income Limits for Hennepin County Select a different county or county equivalent in Minnesota: Hennepin CountyHouston County AlHubbard Countyisanti County Itasca County V Jackson County Select county or county equivalent Select any FY2016 HUD Metropolitan FMR Areas Income Limits: Area VI tHMFA Inco me Area Or press below to start over and select a different state: a newii1 P oet , URL For ma ng or E-MnO Prepared by the Economic and Market Analysis Division, HUD. I https://www.huduser ,goV/POrtal/datasets/il/1!20 16/201 6summary .odn 4/13/2016 G) 3 Lc cir1 as. _ avvl Abw_ I L 2 QA- 0 L) Wo-k Oak fvo Ltj iT rf\ •1 \j• ñ & Ali \i :2 - 0 'I \\J \ &(s \ \_ 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. Councilmember/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- 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/Cornrnissioner 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/Conmissioners 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. Bitel provided a presentation on this item and some background. 07/25/16 -2- SECTION II— GENERAL POLICIES City Council Code ofPolicies 4. Assessment Deferral Program There shall exist a program to defer a portion of the special assessments of qualifying persons under the provisions of Minnesota Statutes 435.193 through 435.195. Said program shall defer the payment of a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. A. Eligibility The property upon which the assessment is deferred must be homesteaded; 2.The property is owned by a person at least 65 years of age on January 1st of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. 3.The applicant must have a 'financial hardship" defined as: a.An annual income for the applicant's household size which is at or below the "Very Low Income" limit established annually by HUD for the Minneapolis and St. Paul Metropolitan Area; and b.The aggregate total of special assessment installments from previously existing special assessment levies plus the first year of the current levy will exceed 1 1/2 percent of the applicants annual income, B. Calculation The portion of the current levy which will be deferred will be that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate total of special assessment installments totaling more than 1 1/2 percent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 1 1/2 percent of the applicant's annual income shall not be deferred. 2. Special assessments levied due to the applicant's failure-to-pay charges for City services or failure to comply to City codes (i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not be included in calculating the maximum 11/2 percent aggregate payment. City ofBi'ooklyn Center 04/25/16 Page 218 SECTION II- GENERAL POLICIES City Council Code ofPolicies C.Interest Simple interest at the rate of that particular assessment levy shall be added to the deferred assessment, calculated from the date interest started to accrue on the original levy (usually the October 1 immediately following the certification date) to the date of payment of the deferred portion of the assessment. D.Termination The option to defer the payment of special assessments shall terminate and all amount accumulated plus applicable interest, shall become due upon the occurrence of one of the following events: 1.The death of the owner, provided that the spouse is otherwise not eligible for the benefits. 2.The sale, transfer, or subdivision of the property or any part thereof. 3.If the property should for any reason lose its homestead status. 4.The City Council determines that a hardship no longer exists. Reference: 'City Council Resolution Nos. 2005-17; 2001-122; 2000-195; 97-214; 97-118; 94- 274; 93-49; 90-138; 90-137; 85-34; 84-175; 83-190; 82-226; 81-244; 80-292 City ofBrooklyn Center 04/25/16 Page 219 Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 12, 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.Water Treatment Plant Disinfectant Update 2.State Law Regulating Temporary Family Health Care Dwellings in Residential Zoned Districts 3.Discussion Regarding Resolution Committing the City of Brooklyn Center to Collaboratively Ensure Economic Stability for all Residents, Businesses and Entrepreneurs by Committing to the Elimination of Economic Racial Disparities and Providing for a Mutually Prosperous Community 4.Public Purpose Expenditure Policy PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Centennial Park Improvements 2.Solar Energy Options 3.Paperless Packets Report 4.Body Camera Implementation and Policy 5. Lodging Establishment Licensing Work Session Agenda Item No. 1 k'4 I Dk"A (I] 1II P1Uh i1IJ[I1 I '!,'LI] e.i Si aFN1 [I]I DATE: September 6, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Water Treatment Plant Disinfectant Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding disinfection of the drinking water at the water treatment plant. Background: The water treatment plant project is substantially complete and has been producing 100% of the City's water since late January 2016. The water is now cleaner and safer due to the filtering and removing of manganese and iron to almost non-detect levels. While the City has always disinfected its drinking water, the disinfectant process that was recommended and chosen as part of the new water treatment plant implementation is different from the past. We are now using a process called "breakpoint chlorination" in lieu of the previous process called "chloramination." For a more detailed discussion on these two disinfecting methodologies, please see the attached Chlorination Update Memorandum provided by Bolton and Menk, the City's consultant for the water treatment plant. As indicated, we now have a new, cleaner water chemistry and as a result, we have experienced aesthetic issues with the water at times pertaining to the smell and taste of chlorine. While we do have slight aesthetic issues, there are no known safety concerns with the disinfectant levels pertaining to any chlorine smell or taste experienced and the water chemistry has been within the recommended tolerance guidelines of the Minnesota Department of Health (MDH) pertaining to chlorine. It should also be noted that some residents have indicated their displeasure and intolerance with the new water chemistry pertaining to the smell and taste. As indicated, water has been produced from the water treatment plant since late January 2016. The disiifectant plan and amounts initially used were only to be used on a temporary basis for a few months until the spring flushing occurred and was completed in April 2016. Once the flushing was completed, it was expected that the chlorination would be fine-tuned and optimized, minimizing any experienced aesthetic issues. On plan and once the flushing was completed by approximately the end of April 2016, the new chlorination methodology (breakpoint chlorination) was fully implemented. After a bit of internal injection point adjustments and fine tuning with the levels of chlorination over the past few months since April 2016, we are experiencing continued aesthetic issues with the presence of a chlorine taste and smell, but again all has been well within the recommended safe tolerance guidelines. IILrv!o,,: Ensuring an attract ire. clean, safe, inclusive mnnmnitp that en/ian ces the qualiti of I,f' for all people a,uIprese;cc the public trust k"A I IA [0) 1I lIIhYA E01IIEIi I 'LI U NI E01I The aesthetic issues are sporadic and can also be more intolerable to some than others. Reasons for these issues include: • Cleaner Water The past City water chemistry included high levels of iron and manganese that produced very noticeable traits and effects, some favorable to many but with some issues also. These traits include: a certain smell of the water, a certain taste, buildup of minerals in plumbing piping and fixtures, laundry issues and staining of clothes, etc. Some residents liked the taste and smell, some not so much. As mentioned earlier, the water is now cleaner, literally absent of manganese and iron. The absence of these minerals alone might be a negative effect to some as they valued the smell and taste of the City's water. Now, being able to smell/taste the chlorine no matter how significant or slight it may be only compounds issues and makes it intolerable to sonic, perception or not. Independent of this aesthetic issue, the water chemistry has changed but the water is safer and cleaner. • Ammonia Presence - Ammonia is naturally present in the City's well water that is obtained from 300-ft below the surface. MDH recommends burning off all ammonia which is accomplished by injecting chlorine, transforming the ammonia to chloramines and then to nitrogen gas. The difficulty in this process is the fact that ammonia levels in the raw water vary from well to well and vary within the same well throughout the pumping duration. This effects the chlorine injection rate significantly as the injection rate of chlorine varies at approximately a 1:10 ratio (e.g. for every one part in ammonia change, the injection rate of chlorine changes by a factor often). So, with the significant variance of the naturally occurring ammonia levels, it takes a very involved and continuous rate change of chlorine injection to keep levels in the optimal window to minimize the effects of a chlorine smell or taste in the distribution system. This is compounded throughout the pumping cycle throughout the day and also from season to season due to the differing water demand. • Nuisance Residuals - Another challenge presented by naturally occurring ammonia is the development of "nuisance residuals" during the chlorination process. "Nuisance residuals" are developed as chlorine reacts with the naturally occurring ammonia and are often the primary cause of taste and odor complaints. The formation of "nuisance residuals" is extremely difficult to predict and varies by water source due to slight differences in water chemistry between sources. Since "nuisance residuals" are nearly impossible to prevent, their effect on water aesthetics is typically managed by finding an optimum chlorine residual in the distribution system for a given water supply system. • Chlorine Smell - Reports of a chlorine smell in the distribution system can often be linked to a high ratio of "nuisance residuals" to total chlorine residual. This most commonly occurs when the total chlorine residual is relatively low. Since the "nuisance residuals" cannot be removed, the only way to decrease the ratio of "nuisance residuals" to total chlorine residual is to increase the chlorine dosage at the water treatment facility. Although counterintuitive, increasing the chlorine feed rate can often minimize the aesthetic issues cause by nuisance residuals. There are multiple other considerations and factors that affect chlorination, but the above factors are the usual suspects for the issues being experienced. fission: E;iuiing an ittiractne, clean sat!, inclusive communitv that enhances the quality / li/i' Jo; all people an;lp;escices the public trust IA I Ik' [I) )1IJ'A O1IJiYII I YeYLI] i J 3F'J1 [IAI Due to the continued aesthetic issues and as of late August 2016, we implemented a very regimented and systematic procedure of monitoring raw water ammonia levels, chlorination injection levels, filter effluent chlorine levels, reservoir effluent chlorine levels, chlorine levels in the distribution system at several businesses and resident locations in the community and the aesthetic smell of the samples. As part of this procedure, we then evaluate the data and make systematic adjustments of the chlorine injection rates with the goal of obtaining the optimal, "best we can do" level of chlorination that minimizes the smell/taste issues while maintaining chlorination levels within the recommended MDH guidelines. We expect to be very close to the optimal level within the next couple of weeks after further evaluation and adjustments. At that point, the water aesthetics are anticipated to be at the "best we can do" point under the current treatment methods. We then need to make a determination if the aesthetics are acceptable or not, understanding that this can be challenging because what is acceptable to some may not be to others and can be very subjective. If not acceptable, a different chlorination process (chloramination) could be used in an attempt to address these aesthetic issues. This is the old process that the City used prior to commissioning the new water treatment plant (see the attached memorandum for additional background on chloramination). While we once used this chloramination process with good success, we may not be able to get back to that point due to the cleaner water and new water chemistry with the filtration of the water. We could end up having the same aesthetic issues and maybe even new issues with the leaching of copper and lead through that process. The chlorarnination process is a more expensive process including an upfront capital cost of approximately $40,000 with an annual operating cost of approximately $30,000. It would take approximately four weeks to fully implement this new system with additional weeks again needed to optimize the water chemistry. As a side note, if the chioramination process were implemented and it worsened any issues, the system could be removed and we could then resort back to the breakpoint chlorination process, understanding the perception of this switching back and forth and the changing water chemistry throughout would be noticeable to the consumers. Ultimately, the resulting drinking water experienced in Brooklyn Center is not too unlike that of the several thousand public drinking water systems throughout the state. However, if determined by Brooklyn Center to want to further address any aesthetic component of the drinking water, there are scarce options that could be further evaluated, understanding that the price tag on these options might be significant, challenging and very uncommon (e.g. alternate water treatment processes built into the water treatment plant, individual point-of-use filtration systems, bottled water, etc.). Policy Issues: Does the City Council deem the aesthetics of the water acceptable at this point; close to being acceptable needing a little more time to possibly optimize the water chemistry further; or does the City Council support switching to chloramination? Is additional information or further evaluation of options desired by the City Council to provide direction? Mission: Ensuring an attractive, clean, safe. inclusne conanunite that enhances the quality f lif' for all people ondpreserres (1w public trust Dk [I] IWI I1Ik II1i1PJ[Ii I !JLO] .1 J aiii (I]l Strategic Priorities: Key Infrastructure Investments 1ivioi,: Ensuring an (,ttractire, clean, so/c'. inclusice conununtir that enininces the qua/in' (f li/a ha' all people undpreserres (hi' public trust CHLORINATION tuJ 'J '7_I i :1 MEMORANDUMI 'iii TO: City of Brooklyn Center FROM: Bolton & Menk DATE: September 2, 2016 RE: Water Treatment Plant - Chlorination Update BMI No. N21,107570 Introduction: This memorandum presents the following information in the sections listed below: 1.Chlorination Process Options Available for the Water Treatment Plant 2.Implementation of Breakpoint Chlorination 3. Public Concern Regarding Taste and Odor 1. Chlorination Process Options Available for the Water Treatment Plant: The two chlorination process options that were available for the new Water Treatment Plant (WTP) were breakpoint chlorination and chiorarnination as discussed in the following sections. 1. Breakpoint Chlorination Breakpoint chlorination involves burning off the naturally occurring ammonia in the raw water and sending free chlorine (chlorine that is not combined with ammonia) into the distribution system. Breakpoint chlorination is currently being implemented at the WTP. Implementation of breakpoint chlorination at the WTP requires the following considerations: a. Minnesota Department of Health (MDII) Recommendations: Four recommendations from the MDH for implementation of breakpoint chlorination at the Brooklyn Center WTP were; • All natural occurring ammonia shall be burned off • To ensure safe drinking water, there shall be a trace of chlorine (0.2 mg/I) at the end of the distribution system. • To avoid taste and odor aesthetic issues, maintain a minimum of 0.3 mg/h chlorine at the end of the distribution system. • Maximum chlorine concentration is recommended at 2.0 mg/I - 1 - b.Water Quality Considerations Breakpoint chlorination produces a finished water that is completely void of ammonia. This is advantageous as it has been demonstrated, in Minnesota Department of Health (MDH) data, that elevated levels of lead and copper at consumer's taps in Minnesota drinking water systems were attributable to chloramine (a residual of chloramination) and ammonia in those distribution systems. Chloramine/ammonia related chemistry and biology that can occur in the distribution system was deemed to cause the water to become more corrosive and thereby contribute to elevated lead and copper levels at the consumer's tap. This correlation was especially strong for systems that had gravity filtration plants. Although breakpoint chlorination is advantages for its complete removal of ammonia, breakpoint chlorination tends to have a higher propensity for aesthetic concerns of taste and odor in the distribution system. These aesthetic concerns are site specific based on the water chemistry of the raw water supply. c.Cost Considerations Breakpoint chlorination is currently being implemented at the WTP and there are no additional costs associated with its implementation. 2. Chioramination Chloramination involves feeding ammonia (ammonium sulfate) to the finished water and sending chloramines (chlorine that is chemically combined with ammonia) into the distribution system. The city previously used chloramination prior to construction of the WTP. Implementation of chloramination at the WTP would require the following considerations: a. Minnesota Department of Health (MPH) Recommendations Three recommendations from the MDH for implementation of chloramination at the Brooklyn Center WTP were; All natural occurring ammonia shall be burned off prior to feeding ammonium sulfate. Minimum total chlorine residual entering the distribution system is 2.0 mg/l. Minimum total chlorine residual at the ends of the distribution system is 1.0 mg/I. To meet the recommendations of the MDH as described above, the chlorine concentration leaving the WTP would be approximately 1.2 mg/I higher with chloramination as compared to breakpoint chlorination. This results in a 25% increase in chlorine usage and costs. In addition, chloramination would require an -2- ammonium sulfate feed rate of approximately 0.5 mg/I (none required for breakpoint chlorination). b.Water Quality Considerations As previously discussed, it has been demonstrated, in Minnesota Department of Health (MDH) data, that elevated levels of lead and copper at consumer's taps in Minnesota drinking water systems were attributable to chloramine (a residual of chioramination) and ammonia in those distribution systems. Chloramine/ammonia related chemistry and biology that can occur in the distribution system was deemed to cause the water to become more corrosive and thereby contribute to elevated lead and copper levels at the consumer's tap. This correlation was especially strong for systems that had gravity filtration plants. Although the MDI-I has attributed elevated lead and copper levels to chloramination in some communities, there are systems in the State that utilize chloramination without elevating lead and copper levels above the Primary Drinking Water Standards. In addition, the City of Brooklyn Center previously utilized chloramination and did not have concerns with elevated levels of lead and copper. It should be noted that previous implementation of chioramination in Brooklyn Center was done without treatment and the MDH research has shown that the corrosive effects of chloramination can be magnified when used in conjunction with gravity filtration. Although chloramination may have a higher propensity to cause compliance concerns with lead and copper, it typically produces a more consistent aesthetic water quality in terms of taste and odor. c.Installation of an Ammonium Sulfate Feed System Implementation of chloramination will require installation of an ammonium sulfate feed system at the WTP. Design consideration were made for the feed system and include space in an existing chemical feed room and all electrical and controls wiring and programming. Work required for final implementation of the sulfate feed system include installation of chemical tanks, pumps, and feed piping. d. Cost Considerations Implementation of chloramination will increase both capital and operational costs for the WTP. An allowance of $30,000 was included in the Contract Documents for the WTP project to help the City cover some of the costs of implementing chiorarnination. It is estimated that final implementation of the ammonium sulfate feed system will cost approximately $40,000. In addition to capital costs, chloramination implemented as recommended by the MDH will have increased chemical costs estimated at $30,000 per year based on a yearly water usage of 1,200,000,000 gallons. win 3. Treatment Selection Based on a desire to limit lead and copper levels at the consumer's tap, breakpoint chlorination was selected as the preferred alternative for the new WTP. As an additional benefit, breakpoint chlorination also offered lower capital and operating costs for the WTP. 2. Implementation of Breakpoint Chlorination 1. Treatment Goals Implementation of breakpoint chlorinate at the WTP has consisted of three main goals as follows; a.Maintain a trace amount of chlorine at the ends of the distribution system per MDH for safe drinking water b.Maintain a minimum chlorine residual of 0.3 mg/I at the ends of the distribution system to minimize taste and odor issues c. Maintain a free chlorine residual that is 85% of the total chlorine residual to minimize taste and odor issues caused by nuisance residuals Goals "a" and "b" are relatively easy to achieve as they directly relate to the amount of chlorine added at the WTP. Goal "c" pertains to a relationship between ammonia, chlorine, and other water chemistry parameters. When breakpoint chlorination is used there are two different chlorine residuals that are present at the end of the process, free chlorine (chlorine not combined with ammonia, and total chlorine (combination of free chlorine and chlorine combined with ammonia). The difference between total and free chlorine are nuisance residuals that cannot be burned off during the breakpoint chlorination process. These nuisance residual are often the primary cause for taste and odor complaints in the distribution system. To minimize the effects of these nuisance residuals, it is recommended that the free chlorine residual be maintained at or above 85% of the total chlorine residual. 2. Treatment Results Breakpoint chlorination was first implemented at the WTP in April, 21 2016. Since that time various treatment strategies have been utilized within the WTP to meet the treatment goals. At the present time, the system always meets goal "a" and routinely meets goal "b". The system has not been able to meet goal "c" (85% free chlorine) on a consistent basis and process changes are on-going to attempt to meet this goal. Given raw water quality, it may not be possible to achieve this goal. Not meeting this goal is only concerning if the City has user concerns in regards to chlorine taste and odors. At this time there are some taste and odor concerns in the system which are being tracked by City staff. In addition, operations staff is currently implementing a detailed sampling procedure to further analyze chlorine residuals in the distribution system and at the WTP. This information is being used to modify chlorine dosages in an attempt to minimize taste and odors issues and optimize plant operations. Raw water chemistry will dictate the -4- level to which the taste and odor concerns can be minimized. If the taste and odor issues cannot be minimized to a level that the City and its users are comfortable with, the City will need to consider switching to chioramination. 3. Public Concern Regarding Taste and Odor Although chlorinated water provides safe drinking water for system users, it can also have its downfalls in terms of aesthetically pleasing water. The following will provide a summary of operational changes at the WTP and other information that may prove helpful in alleviating public concerns. 1. Progress Made Since the Initial Plant Start-up: a.Upon the initial plant start up At initial startup there were chlorine residuals present from both the well houses and the WTP. This caused a large number of taste and odor occurrences during this period because there was no ability to control the exact form of chlorine- ammonia complexes being formed in various portions of the distribution system. b.Following the initial plant start up There is now one point of entry for all water entering the distribution system which can be carefully controlled in regards to the type and level of chlorine residuals being sent into the distribution system. c. Since August of 2016 A matrix has been programmed into the controls which automatically adjusts the chlorine feed based on the raw well water quality and flow for each individual well. This provides more stability when targeting specific chlorine doses. 2. Taste and Odor Thresholds: Taste testing of waters with various concentration of various forms of chlorine has been used to establish the relative "chlorine odor" thresholds listed below. These thresholds illustrate the need to maintain a higher percentage of free chlorine residual as free chlorine has a very high odor threshold compared to the nuisance residuals. Although it is counter intuitive, turning up the chlorine feed, to establish a higher free chlorine residual, is often the answer when trying to reduce chlorine tastes and odors. • Free Chlorine (Primary Residual of Breakpoint Chlorination) 20.0 rng/L • Monochloramine (Primary Residual of Chloramination) 5.0 rng/L • Dichloramine (Nuisance Residual) 0.8 mg/L • Trichloramine (Nuisance Residual) 0.02 mg/L -5- 3.Safe Drinking Water is a top Priority for the City of Brooklyn Center Although chlorine can cause aesthetics concerns in the City's drinking water, it does not pose any health concerns at concentrations that are maintained in the system. As previously discussed, aesthetic concerns from chlorine are typically attributed to nuisance residuals at low concentrations rather that from high chlorine concentrations. Therefore, the City of Brooklyn Center chose to implement breakpoint chlorination to help prevent elevated lead and copper levels and provide the safest water possible for its users. 4.Taste and Odors 1Tips Taste and odor issues are often due to low chlorine levels that off gas at the users tap. Smell is a large part of taste and allowing for some off gassing can address the taste issue. Thus, the customer may want to: • Allow sink to run for a while - it may flush out low chlorine residual water that has been in the service line for a while • Allow water to sit for a while so smell dissipates In some circumstances a taste or odor that is simply different is interpreted as a "bad" taste or odor. Customers should be informed that: The treated water will have a different taste The taste of cleaner, safer drinking water may be a different taste that the customer can get used to and learn to appreciate If chloramination were implemented similar to previous disinfection methods the water would taste and smell different than the untreated well water due to • Lower manganese and iron concentrations • More dissolved oxygen in the water Water Treatment Plant – Disinfectant Update Work Session: September 12, 2016 Water Treatment Plant (WTP) – Project Update 1.Project is substantially complete: a)expected to be under budget b)final completion anticipated in October 2016 2.Remaining items: a)punch list items b)warranty/performance issue items c)design issues d)other issues –higher radon levels in the air in the facility than expected, corrosion issues to metal inside the facility, humidity/condensation issues e)water disinfection Water Treatment Plant – Customer Complaints/Issues 1.January through end of April 2016: a)45 complaints received: Cloudiness, dirty water, chlorine smell/taste b)Flushing completed by end of April 2016, switched to breakpoint chlorination 2.May 2016 to current: a)62 complaints received: Cloudy, sediment, manganese, chlorine smell/taste* b)All chlorine levels within recommended guidelines *Some indicated that they did not care about the safety and wanted the Manganese and Iron back in the water Drinking Water Disinfection – Current System a.Breakpoint chlorination with free chlorine residuals within the Minnesota Department of Heath (MDH) recommended ranges. b.Water is cleaner and safer than before construction of WTP. c.Public concerns with taste and odors are very common in communities that have added water treatment facilities for removal of minerals (Iron and Manganese) i.Users were accustomed to the taste of their water ii.Treated water will have a different taste iii.It may take some time for users to become used to the new tasting water Drinking Water Disinfection – Chlorination Options Drinking Water Disinfection – Breakpoint Chlorination Curve Drinking Water Disinfection – Efforts to Optimize WTP Performance a.Extensive on site testing and subsequent process adjustments to provide the most aesthetically pleasing water. b.Out of State laboratory testing of chlorine “nuisance residuals” to determine optimum chlorine dosage. Tests of this nature are not typical and are only done for systems that experience prolonged taste and odor concerns. c.Very close to optimization of treatment facility that will produce the best water quality possible given the raw well water chemistry. Drinking Water Disinfection – Considerations Brooklyn Center’s past water: some areas of town with • significant water quality issues, health concerns, aesthetic issues (smell, taste, discoloration in laundry, etc.) Brooklyn Center’s new water is cleaner and safer • Breakpoint Chlorination vs. Chloramination • Limited other options • ?Educational campaign on new water chemistry - • “Brooklyn Center’s new water is cleaner and safer” (explaining the new smell/taste, realizing that good or bad we will not have the characteristics of the old water) Policy Issues Does the City Council deem the aesthetics of the water: 1) acceptable at this point 2) close to being acceptable, needing a little more time to possibly optimize the water chemistry further 3)or does the City Council support switching to chloramination? Is additional information or further evaluation of options desired by the City Council to provide direction? Thank you! Work Session: September 12, 2016 Work Sessi o nVA g e n dai r( iIULI MEMORANDUM COUNCI{]L WORK SESSION DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning & Zoning Specialis THROUGH: Gary Eitel, Business & Development Director SUBJECT: State Law Regulating Temporary Family Health Care Dwellings in Residential Zoned Districts Recommendation: It is recommended the City Council consider providing direction to staff regarding the new State Law regulating Temporary Family Health Care Dwellings in residential zoned districts Background: On May 12, 2016, Gov. Mark Dayton signed into law a bill allowing homeowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling. Recent news stories and published articles related to this issue sometimes refer to these temporary structures as "granny pods" or "granny flats", which is not always the case. The purpose of these temporary dwellings is to provide transitional housing for those with mental or physical impairments, and allow these individuals to reside in a permitted dwelling on a relative's or caregiver's property. Under this law, all municipalities must provide its residents an opportunity to submit an application of installing a temporary residential dwelling for an individual that needs special health or medical care, or some level of supervision to live and be cared for on the property. The law states these temporary dwelling are not to be equated or regulated as an accessory structure; and provides for the following standards: (a) no larger than 300 square feet in size; (b) must not be attached to a permanent foundation and able to be installed, moved, and removed by state defined truck; (c) must have electrical, gas, water and sewer connections; (d) shall comply with all principal structure setbacks; and (e) must meet certain State Building Code requirements, including insulation rating, accessibility, utilities, and backflow check valves. The law states a caregiver or relative must submit a permit application to the city signed by the primary caregiver or the owner of the property. The name of the temporary dwelling resident must also be provided. The law also states that a city shall have 15 days to grant or deny an application of this type (as opposed to the standard 60-day rule that applies to most land use applications/decisions). The law specifies that a permit is valid for up to 6 months, with an option to renew the permit once for an additional 6 months by the owner. The law sets a suggested fee schedule of $100 initial application fee, with $50 permit fee for the 6-month (approved) period thereafter. Cities have the right to change or adopt their own fee schedules on these permits if they choose. Mission: Ensuring an attractive, clean, safe, inclusive coinnzunitj' that enhances the quality of life for all people and preserves the public trust DA (I) 1iI P1,JhA I1flSJIIJ I !ALI) i I1 *'f1 [IAI The statute allows local governments the right to opt-out completely from this State Law, and the deadline to do so expired on September 1, 2016. This opt-out request is attained by the city adopting this preference under a separate ordinance. As part of this opt-out allowance, a city is not required to add or create an alternative ordinance; or provide similar land use regulations that specifically address temporary care dwellings within the community. Included with this memo is a draft [model] ordinance developed by the League of Minnesota Cities, in which cities may use to officially adopt the opt-out action. If a city chose not to opt-out, it must provide some type of mechanism, such as an official application and/or permit to allow such structures. The City can also choose to adopt its own ordinance in order to develop standards or regulations that better fit the needs of the community. Any new ordinance adopted by the community must comply with or not conflict with the regulations found in the State Law. Cities retain the right to opt out even after September 1St deadline; however, if they have not done so by that date, the law becomes automatic under the city's code of ordinances, and all cities must provide an application or process to its residents seeking the opportunity to install such dwelling units. At this time, planning staff has formulated a zoning application and permit process for these types of temporary dwellings (attached hereto). As of September 1 and the preparation of this Work Session memo, there have been no requests for a permit or inquiries from the community's residents. Attached for the Council's additional review is a full copy of the State Law; along with a small sampling of various news articles written on the subject, which include some visual examples or images of these temporary dwellings (granny pods, etc.). Policy Issues: 1)Does the City Council wish to leave Minnesota Statutes Section 462.3593 as the governing rule of law as it applies to the permitting and regulation of temporary family health care dwellings in the community; and not pursue the "Opt-Out" provision provided for under said Statute? - OR - 2)Does the Council wish to have city staff to research and prepare a separate official ordinance, in compliance with Minnesota Statutes Section 462.3593, but would include additional standards and/or regulations that better fit the needs of the community? - OR- 3) Does the Council wish to have city staff to prepare an official ordinance electing to Opt- Out of the requirements of Minnesota Statutes Section 462.3593? Strategic Priorities: Enhanced Community Image Mission: Ensuring an allracthe, clean, safe, inclusive community that enhances the qualify of life for all people 011(1 preserves the public trust Fi 1 ) \\ 1 WLLL\/j\j ORDINANCE NO.________ CITY OF AN ORDINANCE OPTING-OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. § 462.3593, which permit and regulate temporary family health care dwellings; WHEREAS, subdivision 9 of Minn, Stat. §462.3593 allows cities to "opt out" of those regulations; THE CITY COUNCIL OF THE CITY OF , ORDAINS as follows: Section . City Code, Section is amended as follows: OPT-OUT OF MINNESOTA STATUTES, SECTION 462.3593: SECTION . Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates Temporary Family Health Care Dwellings. SECTION . This Ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of , 2016, by the City Council of the City of CITY OF By: ATTEST: Chapter 111 Minnesota Session Laws Page 1 of 2016 Minnesota Session Laws Key: (1) longuoge to be deleted (2) new language CHAPTER 111--S.F.No. 2555 An act relating to local government, regulating zoning of temporwy family health care dwellings; establishing temporary dwelling permits, amending Minnesota Statutes 2014, section 144D. 01, subdivision 4, proposing coding for new law in Minnesota Statutes, chapters 394; 462. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2014, section 144D.01, subdivision 4, is amended to read: Subd. 4. Housing with services establishment or establishment. (a) "Housing with services establishment" or "establishment" means: (1)an establishment providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment; or (2)an establishment that registers under section 144D.025. (b) Housing with services establishment does not include: (1)a nursing home licensed under chapter 144A; (2)a hospital, certified boarding care home, or supervised living facility licensed under sections 144.50 to 144.56; (3)a board and lodging establishment licensed under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525,0660, or 9530.4100 to 9530.4450, or under chapter 245D; (4)a board and lodging establishment which serves as a shelter for battered women or other similar purpose; (5)a family adult foster care home licensed by the Department of Human Services; (6)private homes in which the residents are related by kinship, law, or affinity with the providers of services; (7)residential settings for persons with developmental disabilities in which the services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2 140, or applicable successor rules or laws; (8)a home-sharing arrangement such as when an elderly or disabled person or single-parent family makes lodging in a private residence available to another person in exchange for services or rent, or both; (9) a duly organized condominium, cooperative, common interest community, or owners' association of the foregoing where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units; or https :Hwww.revisor.mn.gov/laws/?id=l I 1 &doctype=Chapter&year20 1 6&type=O 7/8/2016 Chapter 111 - Minnesota Session Laws Page 2 of 6 (10)services for persons with developmental disabilities that are provided under a license according to Minnesota Rules, parts 9525 .2000 to 9525 .2140 in effect until January 1, 1998, or under chapter 245D (11)a temporary family health care dwelling as defined in sections 394.307 and 462.3593. Sec. 2. [394.3071 TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Caregiver" means an individual 18 years of age or older who: (1)provides care for a mentally or physically impaired person; and (2)is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring. (c) "Instrumental activities of daily living" has the meaning given in section 25613.0659, subdivision 1, paragraph (i). (d)"Mentally or physically impaired person" means a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state. (e)"Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative includes half, step, and in-law relationships. (f) "Temporary family health care dwelling" means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that meets the requirements of subdivision 2. Subd. 2. Temporary family health care dwellin g . A temporary family health care dwelling must: (1)be primarily assembled at a location other than its site of installation: (2)be no more than 300 gross square feet: (3)not be attached to a permanent foundation: (4)be universally designed and meet state-recognized accessibility standards: (5)provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means: (6)have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction: (7) have a minimum insulation rating of R-15; 8) be able to be installed, removed, and transported by a one-ton pick-un truck as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38; (9)be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized Buildines Commission seal and data olate or to American National Standards Institute Code 119.2: and (10)be equipped with a backflow check valve. Subd. 3. Temporary dwelling permit; application. (a) Unless the county has designated temporary family health care dwellings as permitted uses, a temporary family https://w-vvw.revisor.mn.gov/laws/?id=l I 1 &doctypeChapter&year=20 1 6&typeO 7/8/2016 Chapter 111 Minnesota Session Laws Page 3 of 6 health care dwelling is subject to the provisions in this section. A temporary family health care dwelling that meets the requirements of this section cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage. (b) The caregiver or relative must apply for a temporary dwelling permit from the county. The permit application must be signed by the primary caregiver, the owner of the property on which the temporary family health care dwelling will be located, and the resident of the property if the property owner does not reside on the property, and include: (1)the name, address, and telephone number of the property owner, the resident of the property if different from the owner, and the primary caregiver responsible for the care of the mentally or physically impaired person: and the name of the mentally or physically impaired person who will live in the temporary family health care dwellingj (2)proof of the provider network from which the mentally or physically impaired person may receive respite care, primary care, or remote patient monitoring services: (3)a written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state: (4)an executed contract for septic service management or other proof of adequate septic service management', (5)an affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary dwelling permit: and (6)a general site map to show the location of the temporary family health care dwelling and other structures on the lot. (c) The temporary family health care dwelling must be located on property where the caregiver or relative resides. A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner. (d)A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. (e)Unless otherwise provided, a temporary family health care dwelling installed under this section must comply with all applicable state law and local ordinances. Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The applicant may renew the permit once for an additional six months. Subd. 5. Inspection. The county may require that the permit holder provide evidence of compliance with this section as long as the temporary family health care dwelling remains on the property. The county may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The county may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the county revokes a permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. https:Hw,,vw.revisor.mn.gov/laws/?id=l I I &doctype=Chapter&year20 1 6&type=0 7/8/2016 Chapter 111 - Minnesota Session Laws Page 4 of 6 Subd. 7. Fee. Unless otherwise specified by an action of the county board, the county may charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit. Subd. 8. No public hearing required; application of section 15.99. (a) Due to the time-sensitive nature of issuing a temporary dwelling permit for a temporary family health care dwelling, the county does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99, except as provided in this section. The county has 15 days to issue a permit requested under this section or to deny it, except that if the county board holds regular meetings only once per calendar month the county has 30 days to issue a permit requested under this section or to deny it. If the county receives a written request that does not contain all required information, the applicable 15-day or 30-day limit starts over only if the county sends written notice within five business days of receipt of the request telling the requester what information is missing. The county cannot extend the period of time to decide. Subd. 9. Opt-out. A county may by resolution opt-out of the requirements of this section. Sec. 3. [462.3593] TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) Caregiver means an individual 18 years of age or older who: (1)provides care for a mentally or physically impaired person: and (2)is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring. (c) "Instrumental activities of daily living has the meaning given in section 256B.0659, subdivision 1. paragraph (i). (d)"Mentally or physically impaired person" means a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state. (e)"Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative includes half, step, and in-law relationships. (f) "Temporary family health care dwelling" means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that meets the requirements of subdivision 2. Subd. 2. Temporary family health care dwelling. A temporary family health care dwelling must: (1)be primarily assembled at a location other than its site of installation: (2)be no more than 300 gross square feet: (3)not be attached to a permanent foundation: (4)be universally designed and meet state-recognized accessibility standards: (5)provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means; https :Hwv-,v.revisor.mn.gov/laws/?id=l I I &doctype=Chapter&year=20 1 6&type0 7/8/2016 Chapter 111 - Minnesota Session Laws Page 5 of 6 (6)have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction; (7)have a minimum insulation rating of R-15; (8)be able to be installed, removed, and transported by a one-ton pickup truck as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37, or a truck tractor as defined in section 168.002. subdivision 38; (9)be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2; and (10) be equipped with a backflow check valve. Subd. 3. Temporary dwelling yermit application. (a) Unless the municipality has designated temporary family health care dwellings as permitted uses, a temporary family health care dwelling is subject to the provisions in this section. A temporary family health care dwelling that meets the requirements of this section cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage. (b) The caregiver or relative must apply for a temporary dwelling permit from the municipality. The permit application must be signed by the primary caregiver, the owner of the property on which the temporary family health care dwelling will be located, and the resident of the property if the property owner does not reside on the propeI, and include: (1)the name, address, and telephone number of the property owner, the resident of the property if different from the owner, and the primary caregiver responsible for the care of the mentally or physically impaired person; and the name of the mentally or physically impaired person who will live in the temporary family health care dwelling; (2)proof of the provider network from which the mentally or physically impaired person may receive respite care, primary care, or remote patient monitoring services; (3)a written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state; (4)an executed contract for septic service management or other proof of adequate septic service management; (5)an affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary dwelling permit; and (6)a general site map to show the location of the temporary family health care dwelling and other structures on the lot. (c) The temporary family health care dwelling must be located on property where the caregiver or relative resides. A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner. (d) A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. https://w,^vw.revisor.mn.gov/laws/?id =l 11 &doctypeChapter&year20 I 6&typeO 7/8/2016 Chapter 111 Minnesota Session Laws Page 6 of 6 (e) Unless otherwise provided, a temporary family health care dwelling installed under this section must comply with all applicable state law, local ordinances, and charter provisions. Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The applicant may renew the permit once for an additional six months. Subd. 5. Inspection. The municipality may require that the permit holder provide evidence of compliance with this section as long as the temporary family health care dwelling remains on the property. The municipality may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The municipality may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the municipality revokes a permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. Subd. 7. Fee. Unless othenvise provided by ordinance, the municipality may charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit. Subd. 8. No public hearing required; application of section 15.99. (a) Due to the time-sensitive nature of issuing a temporary dwelling permit for a temporary family health care dwelling, the municipality does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99, except as provided in this section. The municipality has 15 days to issue a permit requested under this section or to deny it, except that if the statutory or home rule charter city holds regular meetings only once per calendar month the statutory or home rule charter city has 30 days to issue a permit requested under this section or to deny it. If the municipality receives a written request that does not contain all required information, the applicable 15-day or 30- day limit starts over only if the municipality sends written notice within five business days of receipt of the request telling the requester what information is missing. The municipality cannot extend the period of time to decide. Subd. 9. Opt-out. A municipality may by ordinance opt-out of the requirements of this section. Sec. 4. EFFECTIVE DATE. This act is effective September 1, 2016, and applies to temporary dwelling permit applications made under this act on or after that date. Presented to the governor May 12, 2016 Signed by the governor May 12, 2016, 1:27 p.m. Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All rights reserved. https://www.revisor.rnn.gov/laws/?id=1 11 &doctype=Chapter&year=20 1 6&typeo 7/8/2016 LEAGUE OF CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures - What it means for Cities Introduction: On May 12, 2016, Governor Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.1 Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a "mentally or physically impaired person", by allowing them to stay in a "temporary dwelling" on a relative's or caregiver's property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes, unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt-out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. Cities may want to consider the below when analyzing whether or not to opt out: • The new law alters a city's level of zoning authority for these types of structures. • While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city's local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that '2016 Laws, Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law. 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281.1299 ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: WWW.LMC.ORG Temporary Family HealthCare Dwellings June 9, 2016 Page 2 individual's power of attorney sign the permit application or a consent to release his or her data. The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. The new law sets forth a permitting system for both cities and counties 3 . Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No, the law goes into effect September 1, 2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. By September 1, 2016, however, cities will need to be prepared to accept applications, must have determined a permit fee amount 4 (if the city wants to have an amount different than the law's default amount), and must be ready to process the permits in accordance with the short timeline required by the law. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use, then the law does not apply and the city follows its own ordinance. The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide clear guidance on how to treat this opt-out ordinance. However, since the new law adds section 462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, subd, 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to err on the side of caution and treat the opt-out ordinance as a zoning provision.5 Does the League have a model ordinance for opting out of this program? Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? See Minn. Stat. §394.307 Cities do have flexibility as to amounts of the permit fee. The law sets, as a default, a fee of $100 for the initial permit with a $50 renewal fee, but authorizes a city to provide otherwise by ordinance. For smaller communities without zoning at all, those cities still need to adopt an opt-out ordinance. In those instances, it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the statute, cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their communities. Temporary Family HealthCare Dwellings June 9, 2016 Page 3 Not likely. The opt-out language of the statute allows a city, by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute, the most conservative approach would be to opt out of the statute, then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out, the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, if a city wants a program different from the one specified in the statute, the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including, but not limited to:6 • Name, address, and telephone number of the property owner, the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care, primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more "instrumental activities of daily life;"7 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. New Minn. Stat. § 462.3593, subd. 3 sets forth all the application criteria. This is a term defined in law at Minn. Stat. § 256B.0659, subd. 1(i) as "activities to include meal planning and preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing household tasks integral to the personal care assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community." Temporary Family HealthCare Dwellings June 9, 2016 Page 4 The law requires all of the following to sign the application: the primary caregiver, the owner of the property (on which the temporary dwelling will be located) and the resident of the property (if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver" or "relative" resides. The statute defines caregiver as "an individual, 18 years of age or older, who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring." The definition of "relative" includes "a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No. The legislature did not include an age requirement for the mentally or physically impaired dweller. 8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as "mentally or physically impaired," defined as "a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state." The law specifically limits the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month renewal option. Further, there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the "granny flat" with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre-assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; The law expressly exempts a temporary family health care dwelling from being considered "housing with services establishment", which, in turn, results in the 55 or older age restriction set forth for "housing with services establishment" not applying. Temporary Family HealthCare Dwellings June 9, 2016 Page 5 • Must provide access to water and electrical utilities (by connecting to principal dwelling or by other comparable means 9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable (as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or (industrialized/modular buildings), "and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.210; and • Must contain a backflow check valve. 1 ' Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly, no. These structures must meet accessibility standards (which are in the State Building Code). The primary types of dwellings proposed fall within the classification of recreational vehicles, to which the State Building Code does not apply. Two other options exist, however, for these types of dwellings. If these structures represent a pre-fabricated home, the federal building code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand, they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit, the temporary family health care dwelling must be located in an area on the property where "septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner." What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. However, unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame for which the local governmental unit has to make a decision on granting the permit. Due to the time sensitive The Legislature did not provide guidance on what represents "other comparable means". 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards Institute website is located at https://www.ansi.org/. New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria. Temporary Family HealthCare Dwellings June 9, 2016 Page 6 nature of issuing a temporary dwelling permit, the city has only 15 days (rather than 60 days) (no extension is allowed) to either issue or deny a permit. The new law waives the public hearing requirement and allows the clock to restart if a city deems an application incomplete. If a city deems an application incomplete, the city must provide the applicant written notice, within five business days of receipt of the application, telling the requester what information is missing. For those councils that regularly meet only once a month, the law provides for a 30-day decision. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial permit with a $50 renewal fee, unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes, but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty (60) days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example, request that the required certification of need simply state "that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living", without including in that certification data or information about the specific reasons for the assistance, the types of assistance, the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes. As with any new law, to determine the potential impact on cities, the League recommends consulting with your city attorney. Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmore(lmc.org or LMC General Counsel Tom Grundhoefer at tgrundho(l,lmc.org . If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. WfflnnesWa ddez q coundes opt aW of çqmy pods Khsti Marohu, krnarohn@stcloudtirnes.com , KARE 11.39 AM CDTAugust 15, 2016 BIG LAKE - John Louiselle and Jesse Lammi founded their company based on their own experience with aging family members who weren't quite ready for assisted living or a nursing home, but needed a more accessible place to live. They partnered with a manufactured home company to design and build small dwelling units that provide short-term housing for someone recovering from surgery or convalescing after a fall. (Photo: 10mm Anderson, kanderson@stcloudtimes.com ) Known as "granny pods" or drop homes, they are a cross between a tiny house and a recreational vehicle. They provide small but functional living space that can be navigated by someone using a wheelchair or walker. There's a tiny kitchen, a bed and a bathroom with a railing and accessible shower. The one on display at their Big Lake office measures 32 feet by 8 feet. "We sell these granny pods to people who are looking for an opportunity to affordably house a loved one who's in need of their own space and independence, but might not be able to be solely on their own," said Louiselle, who with Lammi founded NextDoor Housing. The Minnesota Legislature passed a law last session allowing the temporary dwelling units, with several conditions. They cannot be larger than 300 square feet, cannot be attached to a permanent foundation and must connect to the main house's electric and water utilities. They must have siding similar to a standard house and meet building codes. Only one person can live in the unit, and the caregiver must show proof that the person requires assistance with daily living. NextDoor Housing was founded in 2014, and the company received a $346,000 grant from the Minnesota Department of Human Services. However, the reception to the new law has been cool so far. The Legislature also gave cities and counties the ability to opt out of the law, and many are doing just that, including St. Cloud and Sherburne and Stearns counties. Benton County is scheduled to vote on an opt-out resolution next week. Rep. Tama Theis, one of the co-authors of the House bill, said she's disappointed that cities and counties are opting out, "Quite frankly, we're hearing from folks that they need an affordable way to do this," said Theis, a St. Cloud Republican. The units provide a low-cost way for people to take care of a loved one who might be doing too well to be in the hospital or nursing home, but not quite ready to be on their own, she said. The pods give people their space but also allows them to be close to family. 1 I Lt Granny Pods' (Photo: K/mm Anderson, kandersonstcIoudt/mes.com) Theis noted that the law allows the pods to be used for up to six months with the option of a one-time six-month extension. "These are not meant to be a long-term fix," she said. Stearns County voted to opt out of the law because it already has ordinances that allow for manufactured homes to be used for the same purpose, said Chelle Benson, county environmental services director. "We think ours make more sense for our purposes," Benson said However, the county ordinance requires that they be at least 14 feet wide, so a granny pod or drop home wouldn't qualify. Benson said the 300-square-foot size requirement seems small, and the 6-month time limit seems short. "That's not very realistic, especially if you're doing health care," she said. "Some of these people need longer times." Benton County's ordinances allow for single-wide mobile homes to be used for farm help or supportive care, said Joe Janish, county development director. The county issues an interim use permit for the homes and notifies surrounding property owners, who can review the plans and express concerns or support, he said. "Ultimately, it really keeps the local control local, and keeps neighbors informed," Janish said. The law also has generated some criticism from those who say people should be caring for elderly family members in their home, not putting them in separate structures. But Loulselle said that's not an option for every family. "Not everyone in those communities can afford homes with enough bedrooms for everyone," he said. "So we're just trying to provide access to care where there previously was not any." Louiselle and Lammi say they were expecting some cities, including St. Cloud, to opt out of the law. They were aware of the recent debate the city had over tiny houses, which also aren't allowed under city ordinance. "We understand that it's something they're not familiar with," Louiselle said. "But when cities opt out and then don't take any steps to address this transitional housing need for senior citizens ... We have to raise our eyebrows a bit and say, 'What's your plan here?" The pair thinks granny pods might be more welcome in rural areas where zoning rules aren't as strict. Many counties and some cities allow people to park recreational vehicles on their property, and the temporary health care dwelling units can be licensed as RVs, Louiselle said. With the coming "silver tsunami" of aging baby boomers, Theis said innovative solutions are needed to help with senior housing solutions. Otherwise cities will be faced with people leaving to care for aging parents, she said. MPRDBUSS 'ihmy pods flriid kikewatii Fecopflon h sots ctllos Martin Moylan Aug 11, 2016 Busine -- : - —.p NextDoor Housing's granny pods are designed to meet or exceed the construction standards for recreational vehicles and withstand Minnesota winters. They typically sell for about $45,000. Martin Moylan I MPR News LISTEN Story audio 4min 33sec (https://www.mprnews.org/listen? name=/minnesota/news/features/2o16/o8/11/16o 811_moylan_2016081164.mp3) Two twenty-something University of Minnesota graduates see a business opportunity in the housing shortage for the elderly. Jesse Lammi and John Louiselle are making portable housing units that are a cross between a tiny home and an RV. They created the so-called granny pods because the pair felt the need for a certain type of housing. "We saw our grandparents moving onto housing situations that were not ideal or affordable for them at that time," Louiselle said in a recent interview at the Big Lake offices of NextDoor Housing. "So, we recognized the need for a more affordable way to keep loved ones next door." Come Sept. 1, granny pods will be legal in Minnesota on residential property to provide short-term housing to a relative requiring personal care or supervision. That is, unless a city acts to ban them. Many cities including St. Cloud, Minneapolis, St. Paul and a number of metro-area suburbs - have banned the structures are likely to. Despite the granny pod bans in some cities, there's still plenty of opportunity remaining in rural Minnesota, Louiselie said. "North of St. Cloud and up, you know, those Iron Range communities, a granny pod can really benefit a family," he said. A 2014 study ttp projected the demand for affordable senior housing in Minnesota would jump by more than 50 percent over five years, but that the need is unlikely to be met. Jesse Lamm! and John Louiselle founded NextDoor Housing which sells small mobile housing units that people can put on their property to provide short-term care to a relative. Martin Moylan I MPR News Lammi and Louiselle designed the homes, consulting with experts to make the units accessible. They found a Minnesota manufactured home company, Homark Homes of Red Lake Falls, to build the homes and mount them on steel trailers that can be hauled by a pickup truck. The units can get water and electricity from a nearby house. On-board tanks store waste water for up to four weeks until it's pumped away by a septic waste company. The mini-houses are designed to meet or exceed the construction standards for recreational vehicles and withstand Minnesota winters, and Louiselle said units typically sell for about $45,000. aw (http://www.lmc.org/page/i/TempHCDwellings.jsp), these small portable homes can be no bigger than 300 square it-,et and must be on property where a caregiver or relative resides. A medical professional also has to vouch that the granny pod's occupant needs help with two or more daily activities. This past February, Anita Burke of Apple Valley considered getting a NextDoor Housing home for her ill, elderly mother, who was in an assisted living facility. Burke did not have a spare room in her home for her mother, never mind an accessible bathroom, "It's hard when you're in the sandwich generation and you're taking care of elderly parents, as well raising your kids," she said. "I thought that if I could move her into my backyard I would be closer to her. It would be cheaper with me being able provide most of her care." But Burke doubted her home town of Apple Valley would allow her to put a pod on her property. Her mom passed away in July so she no longer needs one. But she thinks the tiny dwellings should be an option for families needing to care for a loved one. "You might be in an accident and need to have some care," she said. "And it's costly in long-term and rehab care centers." In Minnesota, the average cost of care for a year in an assisted living facility is about $40,000. Ihttp ://mn. gov/dhs /ownyourfuture/plan/financial/care-cost.jspNursing home care averages $62,000. Louiselle says his firm's mini-homes can be hitched to a pickup truck and moved as needed. Martin Moylan I MPR News Many communities choosing not to allow granny pods want more time to study how to deal with this new type of housin, "They don't have time to spend much time discussing this right now to meet the September 1 deadline," says Craig Johnson of the League of Minnesota Cities. 'So, people are opting out and may look at it further in the future as something they want to be part of." Johnson believes communities recognize they need to help residents find housing for aging or impaired family members. "There is a huge fear and demand for how are we going to deal with preventing people ending up alone that need to have some sort of support," he said. state Sen. John Hoffman was a sponsor of the legislation intended to encourage the spread of granny pods. He says some colleagues wanted to permit larger housing units and let them stay in place longer. "Some communities are saying, 'We really, really, really want this," he said, "Other communities are saying, 'Not in my backyard." The Minnesota Department of Human Services gave NextDoor Housing a grant of several hundred thousand dollars to get the company started. Minnesota Board on Aging executive director Karl Benson said money invested in developing granny pods is well spent. "We do see it fitting into the mix of housing options for older adults," she said. "As we're looking towards an aging population with the aging of the baby boomers, we need all of the options at least considered and on the table." Whether communities decide to welcome granny pods or not, discussion about the mini homes at least raises awareness of the need to address the elderly housing issue, Benson said. NexDoor Housing appears to be the sole company selling such granny pods in Minnesota. So far the company will say only that sales total three to five units. Stay Informed The news on your schedule from MPR News Update all Add ress * you@email.com Zip Code MPR News Update AM Edition MPR News Update PM Edition Subscribe See our Privacy Policy. Must be age 13. Broadcast dates MPR News Update 6:50 AM Aug 11, 2016 About the author Martin Moylan Reporter mmoyIan(mpr.orci Martin Moylan is a business and economics reporter for MPR News. (http:f/slmodis.starfdbune.com/iniages/t467684122_I8'-67I634+O2 ELIZABETH FL5RE5. STAR 55155115 John Louiselle, left, and Jesse Lammi are a pair of young New Brighton entrepreneurs that have started Nextiloor Housing, a company Twin Cities suburbs opt to go their own way on tiny 'drop homes' - StarTribune.com Page 1 of 2 LOCAL Suburbs opt to go their own way on state's 'drop home' law Facing a new state requirement to allow tiny trailers on residential lots, many cities are saying no. By Erin Adler (http://www.startribune.comferin-adler/l95633361/) and Emma Nelson(http://www.startribune.com/emma-nelson/2618002111) Star Tribune staff writers JULY 5,2015— 8,41AM Metro suburbs are bypassing a new state law that would require them to allow tiny, portable houses on residential properties, saying the state mandate doesn't work for them. The statute is intended to provide access to temporary "drop homes" for people— mostly older adults -with health care needs that require them to be close to a caregiver. But worries about resident complaints, conflicts with local zoning ordinances and timing concerns have spurred cities to opt Out of the law. Some say they already have the resources they need to meet the needs of aging residents, while others want to pass their own laws allowing temporary structures tailored to their city. The League of Minnesota Cities fought for an opt-Out provision in the statute so local governments could still have control over their own zoning. Bill sponsor Rep. Roz Peterson, R-Lakeville, struggled to find a place for her elderly father to live when he got sick two years ago. It's disappointing that cities are opting Out, she said, but she acknowledged that the law isn't one-size-fits-all. "It's always difficult to accept change and innovation," Peterson said. "This won't solve everybody's problem this is one tool in the toolbox, so to speak." Drop homes, sometimes called granny pods, are trailers under 300 square feet that are billed as an affordable and temporary alternative to sending sick, injured or elderly family members to a nursing home. The new law was based on similar, but less restrictive, laws in North Carolina and Virginia. In Minnesota, the law allows homeowners to have a drop home on their property for six months by paying for a $100 permit, unless their city has a specific ordinance against the homes. The Burnsville City Council voted unanimously on June 21 to opt Out. Drop homes don't meet city codes, said Mayor Elizabeth Kautz, and the city already has temporary housing options. Those options include spare bedrooms, apartments, assisted living facilities, short-term health care facilities, hotels and group homes, according to a meeting agenda report. 'It's not that we don't have it," Kautz said. "We want control of what happens here in Burnsville." Some cities want to allow accessory dwelling units but are choosing to do so on their own terms. The Crystal City Council will likely vote to opt out at its next meeting, said Council Member Jeff Kolb. The decision stems largely from the nature of residential properties in Crystal, many of which maybe too small to qualify for drop homes under the statute, he said. The City Council will try to pass an ordinance in the future that allows for accessory units that are better tailored to the city, Kolb said. "There was a concern that it would be perceived that by opting out, we were saying we don't want this kind of thing around here, that it was kind of a cold-hearted decision," he said. "The reality is it's not that at all." In Lakeville, the City Council agreed to opt out last week but also sent the issue to city staff for further review. http://www.startribune.com/suburbs-opt-to-go-their-own-way-on-state-s-drop-home -laW/3 8... 7/8/2016 Twin Cities suburbs opt to go their own way on tiny 'drop homes' - StarTribune.com Page 2 of 2 There were multiple concerns, said Mayor Matt Little, including aesthetics, property values and the difficulty city staff would face in having to make judgments about residents' illnesses. "Every single city in this country is going to need to figure out a way to start taking care of our seniors," Little said. "There's just a lot of issues we need to ... make fair and clear. Meanwhile, city staff in Woodbury are recommending that city officials vote to opt out in order to have more time to figure out what local needs are, said Jason Egerstrom, Woodbury's spokesman. Under the statute, cities have until Sept. 1 to opt out. John Louiselle, co-owner of NextDoor Housing, a New Brighton-based drop home company that helped craft the law, said he doesn't mind if cities choose a different direction. 'What's worrisome to us is when we see cities opting out and offering no alternative solution," he said. Peterson said she would like to see cities try out the statute and see how it works. The biggest challenge, she said, is that people aren't familiar with the drop home idea. "This is new —nobody's really done this before," she said. "Let's have a conversation with the community before we just choose to abandon the idea." Erin Adler • 612-673-1791 Erii,.AdIej-©startrbsne.csm 612-673-1781 emmanelsssBstartribune.csni 612-673-4809 emmamar!esessn http://www.startribune.corn/suburbs-opt-to-go-their-own-way-on-state-s-drop-home-law/3 8... 7/8/2016 CALL 952-225-1610CYNTHIA R. KI RCH OFF EMAIL: in@kircIioff0avccorn Attorney at Law Search... 0, HOME EIO lolUiIICIPAL LACk BuSI I'd ESS LA\IV ESTATE PLAI INING MUNICIPAL HE\NS LOCATIONS E\'EIITS Minnesota cities must allow "granny pods" I MEMBER PROGRAM Posted on May20. 2013 by Cynthia Kirchoff Land Use Matters Effective September 1 2016, Minnesota cities must allow the installation of a temporary family health care dwelling' or more commonly known as a granny pod.EXPLORE PRACTICE AREAS What exactly is "temporary family health care dwelling"? It is specifically defined as "a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for mentally or physically impaired person.Municipal Law Estate Planning To qualify as this type of dwelling, it must be made off-site, not more than 300 square feet, not attached to a Business Law permanent foundation, and have access to utilities, among other requirements. Additionally, the dwelling must be located on property where the caregiver or relative resides and comply with all setbacks that apply to the primary dwelling. The caregiver must apply for a temporary dwelling permit from the city. The statute lists all of the information that must be submitted with the application, including an affidavit that the applicant has notified adjacent property owners. The city may charge a fee up to $100 for the initial application and up to $50 for a permit renewal. No public hearing is required for the permit application. The city must approve or deny the permit within 15 days (or 30 days if the city holds only one meeting per month). The rest of section 15.99 (the automatic approval statute) applies. If the application is incomplete, the city must notify the applicant within five business days what is missing from the application to re-start the 15 day or 30 day clock. The city cannot extend the period of time to take action on the permit. A temporary dwelling permit is valid for six months and the permit maybe renewed once for an additional six months. The city may revoke the permit if the permit bolder violates the statute. **Note: The installation of a temporary family health care dwelling cannot be prohibited by a city that regulates accessory uses or RV parking or storage UNLESS it opts out of this law by ordinance. Also, if your city ordinance already permits this type of residential dwelling, then the statutory requirements don't apply. See Chapter 111 of the 2016 Session Laws for the detailed statutory language UPDATES BYTOPIC CONTACT NEWS BY MONTH DISCLAIMER Municipal Law Call 952-225-1 6 10 c Select Month The information you obtain at this site is not e-mail info@kirchoff-Iaw.com legal advice and is not intended to he legal Employment Law advice. '(Cu should consult an attorney for Mailing Address:advice regardingyour individual situation. WeLand Use Lad International Plaza invite you to contact us and welcome your rail Environmental Law 7900 International Drive, Suite 300 and e-mail for matters involving Minnesota Bloomington, MN 55125 law. Contacting us does nor create an Real Estate Law attorney-client relationship. Please do not send any confidential information until suchHistoric Preservation time as an attorney-client relationship has been established. Results not guaranteed. I J1 City Use Only BROOKLYN Date Received:_________ CENTER Application No. Zoning Apphcation Ternpora[cy FamuiHy Heaflth Care Dwefluing Permit Pursuant to Minnesota Statutes 2014, Section 144D.01, Subdivision 4. Subpart (11): a temporary family health care dwelling as defined in Section 462.3593, may be allowed in the City of Brooklyn Center, provided the following standards have been met and certain information submitted to the city. This Application shall be deemed incomplete if any information in the boxes labeled "Required Information" below are left blank or incomplete; and if items listed below in the "Required Supporting Information" box have not been checked-off by Applicant or City Staff. City shall have five (5) business days upon receipt of this application to review for completeness and verify its accuracy. REQUIRED INFORMATION SITE ADDRESS: Brooklyn Center, MN APPLICANT/ PROPERTY OWNER: Name: Address: Phone: (_)________________ Cell: ( ) Email: Are You the Primary Care Giver (as defined herein)?EJ Yes 11 No Signature: RESIDENT NAME (if different from Property Owner): Name: Address: Phone: (_) Cell: ( ) Email: Are You the Primary Care Giver (as defined herein)?Ll Yes F1 No Signature: NAME of PERSON TO BE CARED FOR UNDER THIS PERMIT: Name: Briefly Describe the Medical Condition or Reasons for On-Site Care of this Individual: (note: if you wish to keep this information private or confidential, you should discuss with City Zoning Officer before completing this section) City of Brooklyn Center -Business and Development Department - 6301 Shingle Creek Pkwy - Brooklyn Center MN 55430 (763) 569-3335 Application for Temporary Health Care Dwellings Page 1 Rev. 08.2016 Temporary Health Care Dwelling - General Standards "Temporary family health care dwelling" means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that meets the requirements of this section. •' Minnesota State Statute requires the person residing in the dwelling to qualify as "mentally or physically impaired," defined as "a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state." t' Minnesota State Statute defines caregiver as "an individual, 18 years of age or older, who: (1)provides care for a mentally or physically impaired person; and (2)is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring." The definition of "relative" includes "a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." ' The temporary family health care dwelling must be located on the property where the caregiver or relative resides; and only one temporary family health care dwelling allowed per lot. Recreational vehicles, camping trailers, pop-up campers, utility sheds, or the "granny flat" with its own foundation as a temporary structure are not allowed as a temporary health care dwelling. A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner. •' Unless otherwise provided, a temporary family health care dwelling installed under this section must comply with all applicable state law, local ordinances, and charter provisions. Time Period. The temporary family health care dwelling permit is valid for 6 months, with an option to renew the permit once for an additional 6 months. Fee. The temporary family health care dwelling permit is $100.00 for the initial permit and review (first 6-months); and $50.00 for each renewal of the permit (each renewal valid for 6-months only). Inspection. The City of Brooklyn Center reserves the right at any given time to require the permit holder to provide evidence or documentation of compliance with this section as long as the temporary family health care dwelling remains on the property. The City of Brooklyn Center also reserves the right to inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied; decent, safe and sanitary; and meets the requirements of this statute. Prohibition of Unqualified Use or Rental. No part of this temporary family health care dwelling shall be allowed to be occupied or used other that what is described or approved under this permit. The Owner and/or Resident may not rent or sub-lease this dwelling structure to the general public, or provide on-site housing needs for family members that cli not qualify as a "mentally or physically impaired," person(s) as defined by the State of Minnesota. City of Brooklyn Center -Business and Development Department - 6301 Shingle Creek Pkwy - Brooklyn Center MN 55430 (763) 569-3335 Application for Temporary Health Care Dwellings Page 2 Rev. 08.2016 REQUIRED INFORMATION THE APPLICANT MUST ACKNOWLEDGE AND CHECK-OFF EACH BOX IN ORDER TO BE COMPLIANT WITH STATE LAW GOVERNING TEMPORARY HEALTH CARE DWELLINGS The temporary family health care dwelling must meet the following structural standards: LI be primarily assembled at a location other than its site of installation; El be no more than 300 gross square feet in size; LI] not be attached to a permanent foundation; LI be universally designed and meet state-recognized accessibility standards; LI provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means; LI have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction; LI have a minimum insulation rating of R-15; be able to be installed, removed, and transported by a one-ton pickup truck, or a truck tractor 1; El be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2; and El be equipped with a backflow check valve. As defined in State Statute Chapter 168002, subdivision 21b, or a "Truck" as defined in section 168.002, subdivision 37; and State Statute Chanter 168.002. subdivision 38 * REQUIRED SUPPORTING INFORMATION * THE APPLICANT MUST SUBMIT THE FOLLOWING INFORMATION WITH APPLICATION LI Proof of the provider network from which the mentally or physically impaired person may receive respite care, primary care, or remote patient monitoring services. LII Written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state 2 LI An executed contract for septic sewer management or other proof of adequate septic sewer management. LI An affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary dwelling permit. Eli A general site map to show the location of the temporary family health care dwelling and other structures on the lot. LII A detailed building plan, with interior and exterior layout, materials and details, along with full building design specifications and detail plans that meet State of Minnesota Building Code requirements. 2. This is a term defined in law at Minn. Stat. 256B.0659, subd. 1(i) as "activities to include meal planning and preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing household tasks integral to the personal core assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community." City of Brooklyn Center -Business and Development Department - 6301 Shingle Creek Pkwy - Brooklyn Center MN 55430 (763) 569-3335 Application for Temporary Health Care Dwellings Page 3 Rev. 08.2016 Revocation of permit. The City of Brooklyn Center may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the City of Brooklyn Center revokes the permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. For City Use Only With official signature below, this Application for Temporary Family Health Care Dwelling at the property location noted herein, is hereby approved, subject to the conditions and limitations noted below (if any): CITY of BROOKLYN CENTER, MN Zoning Official Date Application Fee $ Acct No. 10100-4403 Receipt No. Application No. City of Brooklyn Center -Business and Development Department— 6301 Shingle Creek Pkwy - Brooklyn Center IVIN 55430 (763) 569-3335 Application for Temporary Health Care Dwellings Page 4 Rev. 08.2016 W©irk Session Agenda Item N©0 3 k'A I Dk'1 (I] 1WI I1Uk 1IJ[iJ I i'LI] ti C1 ØF3-11 DATE: September 12, 2016 TO: Curt Boganey, City Manager FROM: Reggie Edwards, Interim Assistant to the City Mana SUBJECT: City of Brooklyn Center Socioeconomic Opportunity - Resolution of Commitment and Regional Leadership Recommendation: It is recommended that the City Council consider holding a discussion on the RESOLUTION COMMITTING THE CITY OF BROOKLYN CENTER TO COLLABORATIVELY ENSURE ECONOMIC STABILTY FOR ALL RESIDENTS, BUSINESSES AND ENTREPRENEURS BY COMMITTING TO THE ELIMINATION OF ECONOMIC RACIAL DISPARITIES AND PROVIDING FOR A MUTUALLY PROSPEROUS COMMUNITY and provide direction to staff for further action (see attached). 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 the 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. On July 22 nd and August the Council heard and accepted the report titled, "City of Brooklyn Center Socioeconomic Opportunity Profile". The Council unanimously accepted the report and directed staff to move forward in designing and implementing steps to achieve the City's strategic priority of "Resident Economic Stability", as well as, addressing the socioeconomic inequity that exist within the City as outlined in the report. (New) - The City Council considered the referenced resolution as a Council agenda item on Monday, August 22, 2016. During the meeting the City Council removed the resolution from the Council's agenda and directed staff to place the item on the next Council work session agenda (September 12t1i, 2016) for discussion. Tktissio,,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust k'A I ak'A (I] 1I I1II EI1IJ(SI I 1UHIR 1ri DILI1 [iJI Policy Issues: Staff request that the Council; 1.Discussion of the resolution 2.Staff direction Budget Issues: There are no budget issues to consider. Strategic Priorities: o Resident Economic Stability IWission: 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 COMMITTING THE CITY OF BROOKLYN CENTER TO COLLABORATIVELY ENSURE ECONOMIC STABILTY FOR ALL RESIDENTS, BUSINESSES AND ENTREPRENEURS BY COMMITTING TO THE ELIMINATION OF ECONOMIC RACIAL DISPARITIES AND PROVIDING FOR A MUTUALLY PROSPEROUS COMMUNITY WHEREAS, the City of Brooklyn Center is one of the most diverse in the Twin Cities metropolitan region; and WHEREAS, the City of Brooklyn Center is committed to bringing diverse stakeholders together to collectively set conditions for every student, every worker, every resident, and every entrepreneur in our City to thrive, which will benefit the City and the region as a whole; and WHEREAS, the City of Brooklyn Center has identified and acknowledged significant racial disparities in its local economy that can and must be improved, we commit to steadfastly design and implement racial equity strategies that honor the potential of every person, playing any role in our City; and WHEREAS, the Twin Cities region as a whole has been stained by an unacceptable pattern of racial disparities, our City commits to serve as an example of the courage, co- creativity, responsibility and innovation that will make our region - already the one of the best in the world, generally - also "The Best" in the world for everyone; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota that we firmly commit to the following, in order to ensure that we set an example for the Twin Cities Region and world of mutual thriving, by taking the following steps: 1.Convene a Community Coalition that will help gather sufficient insight and connection to design an effective racial equity approach, appropriate for the City; 2.Use a series of broader community gatherings to share what the City is learning and doing to take action to eliminate racial disparities and foster mutual thriving; 3. Build capacity within the City to sustain this effort, over the longer term until we achieve that golden objective - a bright prosperous future for every person in Brooklyn Center, no matter how humble or troubled their conditions before they become stakeholders and citizens in the fine City of Brooklyn Center. RESOLUTION NO. August 22, 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. Work SesOon i1S1Item.iNo. iI I4 I k'A 0) 1II I1UYA EI1lJ0J I 'LI) 1 t41 *'f'J (iJI DATE: September 7, 2016 TO: Brooklyn Center City Council FROM: Curt Boganey, City Mana7 SUBJECT: Public Purpose Expenditure Policy Recommendation: It is recommended that the City Council consider providing direction to staff regarding the issue of proposing the adoption of a Charter amendment that would authorize the City Council to adopt a Public Purpose Expenditure Policy. Background: Several weeks ago the Mayor and I discussed the authority for the City to approve on a limited basis the payment of individual Council memberships to participate in local civic organizations as a means of community engagement and outreach. After discussing the matter with the City Attorney and the Mayor, we have concluded that if the City Council were to consider such an expenditure authorization, it would be best that the City Council follow the course of Charter cities like Brooklyn Park and Faribault that have amended their Charters to allow certain specified public expenditures. Over the years there have been several opinions of the State Auditor and Attorney General Office that have indicated that the authority of Cities to spend money for a public purpose is quite narrow. These opinions have been quite strongly established when related to Statutory Cities. On the other hand by definition Charter Cities have broader authority provided that the authority is specified in the City Charter. While this matter was initiated regarding the issue of memberships to community organizations, it seems that the City would be well served by Charter authority for other public purpose expenditures as well. For example the Faribault amendment (enclosed) expressly provides for "expenditures related to any of the following activities...... international, cultural, and economic development programs; community events, festivals and celebrations; miscellaneous employee benefits; employee recognition; and funding for conference attendance..." Each of the items listed above have come under scrutiny by the State Auditor and we believe adopting a Charter amendment helps to establish that these and like expenditures are duly authorized. The Brooklyn Park and Faribault amendments written provide that the City Council annually approves a Public Expenditure Policy which specifies what expenditures will be covered in the policy. l'vliss!oiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ILYMN (I) 1iI 1IJ iLI1IJ(i1 I 'iiI) 1 J *fJ [ihI Policy Issues: Is the City best served by the establishment of a Public Purpose Expenditure Policy authorized by a City Charter Amendment? What additional information do you require to make a determination? Value Proposition: Operational Excellence public.expenditures.09.06. 16.final Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust Pursuant to Minnesota Statutes Section 410.12, subd. 7, the City Council of the City of Faribault has adopted the following ordinance by a unanimous vote. The ordinance shall become effective 90 days after its publication. CITY OF FARTBAULT ORDINANCE NO. 2015 AN ORDINANCE AMENDING THE FARIBAULT CITY CHARTER BY AMENDING CHAPTER 7 OF THE CITY CHARTER THE CITY OF FARIBAULT ORDAINS: SECTION 1. The City Council of the City of Faribault, pursuant to the recommendation of the City of Faribault Charter Commission, has hereby determined that Chapter 7 of the City Charter be amended by the addition of the new underlined language in Section 7.14 as follows: Section 7.14. - Authority for expenditures. The City Council shall establish a Public Expenditure Policy (the "Policy"), which shall be reviewed and approved by the City Council annually. In establishing, reviewing, and approving this Policy, the City Council shall consider whether the expenditures to be authorized by the Policy: 1) benefit the community as a whole; 2) are directly related to governmental functions; and 3) primarily benefit the public interest, not a private interest. In establishing, reviewing, and approving the Policy, the City Council shall consider the opinion of the City Attorney and statewide sources of authority, which may include judicial determinations, Minnesota Attorney General opinions, and findings of the Office of the State Auditor. Expenditures related to any of the following activities shall be deemed authorized if the Policy expressly provides authorization: international, cultural, and economic development programs; community events, festivals, and celebrations; miscellaneous employee benefits; employee recognition; and funding for conference attendance. The City Council may also provide specific authorization regarding any other expenditure. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Faribault on this 24th day of November, 2015. Read and passed by the City Council of the City of Faribault on this day of 2015. John R. Jasinski, Mayor ATTEST: Brian J. Anderson, City Administrator (SEAL) 4670170 SJR FMO5-197 City Of Brooklyn Park Charter Amendment SECTION 7.07 PUBLIC PURPOSE EXPENDITURES (Added by Ordinance 42002-980 Effect. 12/17/02; Amended by Ordinance #2005-1037 Effect. 8/31/05) The City Council shall establish a Public Purpose Expenditure Policy, which shall be drafted by the City Manager and reviewed and approved by the CityCouncil annually. In establishing, reviewing, and approving the Policy, the City Council shall consider whether the expenditures to be authorized by the Policy: 1) benefits the community as a whole; 2) are directly related to governmental functions; and, 3) primarily benefit the public interest, not a private interest. In establishing, reviewing, and approving the Policy, the City Council shall consider the opinion of the City Attorney and statewide sources of authority, which may include judicial determinations, state Attorney General opinions, and findings of the Office of the State Auditor. The City Council may provide in the Public Purpose Expenditure Policy that public funds may be expended to establish, implement, and operate an employee recognition program and an employee preventive health and wellness program for city employees. The nature and scope of any such