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HomeMy WebLinkAbout2016 09-26 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION September 26, 2016 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. City Council Discussion of Agenda Items and Questions 2. Miscellaneous Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center September 26, 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.September 12, 2016— Study Session 2.September 12, 2016 - Regular Session 3.September 12, 2016—Work Session 4.September 13, 2016 - Joint Work Session with Financial Commission b.. Licenses C. Resolution Authorizing the City Manager to Write Off Uncollectible Accounts Receivable and Returned Checks d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees e. Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees CITY COUNCIL AGENDA -2- September 26, 2016 f.Resolution Rejecting Bids, Improvement Project No. 2016-17, City Hall/Public Works Parking Lot Improvements g.Resolution Rejecting Bids, Improvement Project No. 2016-09, 69th Avenue Greenway and Cahlander Park Fence Replacement Improvements h.Resolution Authorizing the Application and Execution of the Metropolitan Council Grant Agreement for Inflow and Infiltration i.Resolution Authorizing the Execution of a Cooperative Agreement for Cost Participation for the Preliminary Planning and Design of the Brooklyn Boulevard Reconstruction and Streetscape Improvements, 49th Avenue to Bass Lake Road, Project No. 201 8-05 Between Hennepin County and the City of Brooklyn Center j. Resolution Authorizing the Issuance, Sale, and Delivery of its Multifamily Housing Revenue Refunding Bonds (Sanctuary at Brooklyn Center Project) Pursuant to Minnesota Statutes, Chapter 462c; Approving the Form of and Authorizing the Execution and Delivery of the Bonds and Related Documents; Providing for the Security, Rights, and Remedies with Respect to the Bonds; and Granting Approval for Certain Other Actions with Respect Thereto 7. Presentations/Proclamations/Recognitions/Donations a. Presentation by Neil Ralston, A.A.E./Airport Planner with Metropolitan Airports Commission (MAC), - 2035 Long-Tenn Comprehensive Plan and Airfield Improvements for the Crystal Airport Requested Council Action: —Motion to receive report. 8.Public Hearings a. Continued Special Assessment Hearing for Proposed Special Administrative Fines/Citation Costs 1. Resolution Certifying Special Assessments for Fines/Citation Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to reopen Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9.Planning Commission Items —None. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1. 3401-3413 47th Ave N, Ryan Lake Apartments Assessments for Administrative CITY COUNCIL AGENDA -3- September 26, 2016 2.Resolution Approving a Type IV 6-Month Provisional Rental License for 5337 Girard Ave N 3.Resolution Approving a Type IV 6-Month Provisional Rental License for 5223 Xerxes 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. Preliminary 2017 Levy and Budget 1.Resolution Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2017 Requested Council Action: —Motion to adopt resolution. 2.Resolution Adopting a Preliminary Budget for the 2017 Fiscal Year Requested Council Action: —Motion to adopt resolution. C. Single Family Rental License Review - 5618 Hillsview Road Requested Council Action: —Motion to provide direction to staff. 11.Council Report 12.Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 26, 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.Proposed City Council Chambers Remodeling Project 2.Structuring of a TIF 5 Bond Issue (Partial Refunding of TIF 2 Inter-Fund Loan and Refinancing the PAYG Note) 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 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 City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 12, 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, and Lin Myszkowski. Councilmember Dan Ryan was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kuj awa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS There was discussion on the Preliminary Property Tax Levy. Mr. Boganey provided background on this item and responded to Councilmember questions. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS WATER TREATMENT PLANT DISINFECTANT UPDATE - CITY MANAGER Mr. Boganey introduced this item and invited Mr. Lillehaug forward to discuss this item. Mr. Lillehaug provided a presentation and Water Treatment Plant disinfectant update. Brian Guldan, Bolton and Menk, the City's consultant for the water treatment plant, spoke about some of the options to help with the chlorine and disinfectant issues. Mayor Willson asked if there would be an option to provide those residents who want the manganese and iron back in the water, to get some sort of packets they could add to their water to add that taste back. Mr. Lillehaug stated it wouldn't be recommended to go backwards with the work they have done given the fact that the water is now safer than before and due to the time and cost involved in the process. He noted however, it is something they can look into. 09/12/16 -1- DRAFT Mr. Lillehaug stated in the past the City had significant water issues, he stated the water quality should improve greatly as time goes on with this treatment. He noted despite differences in opinions of taste and smell, the facts are clear that the water is now safer and cleaner. Discussion of this item continued and reached conclusion in the Work Session later in the evening. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 09/12/16 -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 REGULAR SESSION SEPTEMBER 12, 2016 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Lin Myszkowski. Councilmember Dan Ryan was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kuj awa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Brian Fellegy, 7005 Unity Avenue North, addressed the Councilmembers. He stated he enjoyed the water in the City for 16 years and since the install of the new water treatment plant his tap water has been ruined. He stated he can't drink the water, it has ruined his plants and his tap smells like a public pool due to the strong chlorine smell. He stated he has done research and found there are many harmful medical issues that can be caused by unsafe water including but not limited to bladder cancer. Tammy Sathme, 6038 Lilac Drive, addressed the Councilmembers regarding the water quality issue. She stated Mr. Fellegy summed it up pretty well. She stated her son told her he won't drink the water at home anymore due to the taste and smell of chlorine. She stated her hands are terribly dry and cracking something she noticed only in the past 6 months and she realized it is from the water and the chlorine. She stated she is concerned that it isn't safe and feels many others agree. Mayor Willson stated the water is safe to drink and all levels are within normal range. He noted the water is safer than it was in the past and the water treatment plant has helped greatly. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Informal Open Forum at 6:59 p.m. 09/12/16 -1- DRAFT Motion passed unanimously. 2.INVOCATION Mayor Willson stated he would like to take a moment of silence for those who have lost their lives and their loved ones to opiate addiction. 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, and Lin Myszkowski. Councilmember Dan Ryan was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Deputy Director of Building and Community Standards Jesse Anderson, Fire Chief Lee Gatlin, 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 Lawrence-Anderson moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. 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 6b. LICENSES MECHANICAL Murray's Plumbing, LLC 19523 Jackson St NE, Cedar Comfort Matters Heating & Cooling 11238 River Rd NE, Hanover Galaxy Mechanical, Inc.4920 173rd Ave NE, Ham Lake SHC Mechanical, Inc.4728 Bedford Rd, Mound 09/12/16 -2- DRAFT Treated Air Company Superior Heating, AIC SIGNHANGEIR Cross Country Sign & Neon, Inc. TruSigns RENTAL INITIAL (TYPE III— one-year license) 2325 Ericon Drive INITIAL (TYPE II— two-year license) 2329 55th Ave N 4207 Lakeside Ave, #323 4741 Twin Lake Ave 9954166 tCourt SE, Becker 3731 Thurston Ave Suite 108, Anoka 14800 170th Ave, Foreston 14505 2lst Ave N, Ste 221, Plymouth Ross Herman Sara Corbin Douglas Hoilman John Busch RENEWAL (TYPE III— one-year license) 1600 71st Ave North 5214 Drew Ave North 7025 Drew Ave North 6300 France Ave North 5310 Knox Ave North 3024 Nash Road 7156 Unity Ave North RENEWAL (TYPE II— two-year license) 2824 67 ' Lane North 1308 68th Lane North 1309 68 t1 Lane North 5418 70th Circle 1300 72nd Ave North 5325 France Ave North 5931 Halifax Place 1537 Humboldt Place North 4013 Joyce Lane 6437 Kyle Ave North RHA 3,LLC Paris & Nicole Fadden Dave Swartout Wade Klick Douglas Allen Wahl James Hardy Morgan Michelle Shaffer Molly Collins Konrad Wagner do Phil Beaumia Amanda Frost/Nelson Douglas Allen Wahl Marinela & Scott Selseth David Goeske Jerilou Wiedmeyer ShoeMiller Properties LLC Fredrick Heim Sheng Lee RENEWAL (TYPE I— three-year license) 5408 Girard Ave North Michaele Gardner 284167 th Lane North Brooke Berner 6600 Dupont Ave North Thomas Le 6c. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY THE LOPPET FOUNDATION FOR AN EVENT TO BE HELD AT SURLY BREWING 09/12/16 -3- DRAFT COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON OCTOBER 15, 2016 6d.RESOLUTION NO. 2016-137 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS 6e.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. 61. RESOLUTION NO. 2016-138 APPROVING THE METROPOLITAN EMERGENCY SERVICES BOARD OPIATE ANTAGONISTS SUB GRANT AGREEMENT Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2016-139 EXPRESSING RECOGNITION AND APPRECIATION OF ANNA BURKE FOR HER DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of Anna Burke for her dedicated public service on the Financial Commission and presented the resolution to Ms. Burke. Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-139 Expressing Recognition and Appreciation of Anna Burke for Her Dedicated Public Service on the Financial Commission. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES! CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS Councilmember Graves moved and Councilmember Myszkowski seconded to open the Public Hearing. 09/12/16 -4- DRAFT Motion passed unanimously. No one wished to address the Council. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. 1.RESOLUTION NO. 2016-140 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-140 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. 2.RESOLUTION NO. 2016-141 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Graves moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-141 Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls. 3. RESOLUTION NO. 2016-142 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Graves seconded to open the Public Hearing. 09/12/16 -5- DRAFT Motion passed unanimously. Lisa Yankton, 5615 Fremont Ave North, wrote a letter that Councilmember Graves read on her behalf. She stated she would like to object to $125.00 penalty/citation fee and the $40.00 special assessment fee for her property. She noted she made attempts to get an extension and didn't receive any responses to her messages she left for staff. She stated she was directed to make this request to the City Council from Xiong Thao with the City. Kodjo Oyegade, 6236 Chowen Lane North, addressed the Councilmembers. He stated he was appealing the penalty and assessment fee associated with this property. He stated there was a refrigerator on his property when he bought the home that was not removed right away. He got a notice to move it and at that time it was winter and too cold to move the item and as a result he got the fees. Mayor Willson stated those with questions on what the next step in the process of appealing the penalties are should speak with Deputy Director of Building and Community Standards Jesse Anderson and he directed Mr. Oyegade to Mr. Anderson in the audience. Matt Joseph, 2836 Colfax Avenue South, Minneapolis addressed the Councilmembers. He stated he owns the rental property located at 5930 Camden Avenue North and would like to appeal three of the last fines that his tenants were assessed. He stated he had not received any citations or letters regarding these issues and believes it was due to his address being incorrect within the City. He stated he has filed for eviction for the tenants who have received the citations and they are no longer residents after next month. He noted if he had gotten notice of these issues, he would have tried to assist with the problems to hopefully correct the problems before citations and assessments were given. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-142 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls, without subsequent contested properties. Motion passed unanimously. 8b. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Councilmember Myszkowski moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. 09/12/16 -6- DRAFT No one wished to address the Council. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2106-143 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUITION NO. 2016-143 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. 8c. FRANCHISE FEES FROM XCEL ENERGY AND CENTERPOINT ENERGY Councilmember Graves moved and Myszkowski Councilmember seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. 1.ORDINANCE NO. 2016-09 AMENDING ORDINANCE NO. 2003-22, EXHIBIT A; XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve Ordinance No. 2016-09 Amending Ordinance No. 2003-22, Exhibit A; Xcel Energy Electric Franchise Fee Schedule. 2.ORDINANCE NO. 2016-10 AMENDING ORDINANCE NO. 2003-23, EXHIBIT A; CENTERPOINT ENERGY OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER FEE SCHEDULE Councilmember Graves moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. 09/12/16 -7- DRAFT No one wished to address the Council. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Lawrence-Anderson Councilmember Myszkowski seconded to adopt Ordinance No. 2016-10 Amending Ordinance No. 2003-23 Exhibit A; Centerpoint Energy Operations Within the City of Brooklyn Center Fee Schedule. 9.PLANNING COMMISSION ITEMS 9a1. RESOLUTION NO. 2016-144 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) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2016-008 and advised the Planning Commission recommended approval of the application at their August 25, 2016 meeting. Councilmember Graves asked how many jobs this will create. Mr. Benetti stated he believes about 3-4 jobs. Councilmember Lawrence-Anderson asked when they expect to break ground if approved. Mr. Benetti replied they plan to have it ready and running by 2017 for the Super Bowl. Councilmember Lawrence-Anderson also stated it is nice people will have options on different hotel price points. Councilmember Graves asked if they will have a restaurant. Mr. Benetti stated no, they will not have a normal restaurant just a breakfast for guests. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-144 Regarding the Disposition of Planning Commission Application No. 2016-008 For Site and Building Plan Approval ofaNew 4-Story 82-Room Fairfield Inn and Suites Hotel (located at 6250 Earle Brown Drive). Motion passed unanimously. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional Rental Licenses. 09/12/16 -8- DRAFT Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items lOal through 10a4. lOal. 5943 COLFAX AVENUE NORTH 10a2. RESOLUTION NO. 2016-145 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3000 62ND AVENUE NORTH 10a3. RESOLUTION NO. 2016-146 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4013 65TH AVENUE NORTH 10a4. RESOLUTION NO. 2016-147 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5748 HUMBOLDT AVENUE NORTH Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 5943 Colfax Avenue North; and adopt RESOLUTION NO. 2016-145 Approving a Type IV Rental License for 3000 62nd Avenue North; RESOLUTION NO. 2016-146 Approving a Type IV Rental License for 4013 65th Avenue North; and, RESOLUTION NO. 2016-147 Approving a Type IV Rental License for 5748 Humboldt 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. RESOLUTION NO. 2016-148 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 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Nate Reinhardt provided a presentation and background on this item and noted Mr. Doug Green with Springsted, Inc., Brooklyn Center's Financial Advisor, is present as well to answer any questions the Council may have. Councilmember Myszkowski moved and Councilmember seconded to adopt RESOLUTION NO. 2016-148 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. Motion passed unanimously. lOc. RESOLUTION NO. 2016-149 CONSIDERING THE APPEAL OF 09/12/16 -9- DRAFT SPECIAL ASSESSMENT DEFERRAL FOR 3506 WOODBINE LANE SUBMITTED BY ALIE AND ABIO SEll KAMARA Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Ms. Kamara addressed the Councilmembers regarding the appeal of the special assessment deferral for her property. She stated she and her husband have limited fixed income and they can't afford the fees. Mayor Willson stated he understands her issues and is sorry to hear about it. He stated the income limits for the deferral are set and unfortunately their income is over the limit by approximately $7,000. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2016-149 Considering the Appeal of Special Assessment Deferral for 3506 Woodbine Lane. Motion passed unanimously. 11.COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • August 29, 2016: Attended Joint Budget Work Session with Financial Commission • August 31, 2016: Attended Open House at 3301 Poe Ave North, Neighborhood Stabilization program. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: August 29, 2016: Attended Joint Budget Work Session with Financial Commission Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • August 29, 2016: Attended Joint Budget Work Session with Financial Commission • August 30, 2016: Attended Park Development Board Meeting for the Minneapolis Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 24, 2016: Attended Fair Housing Advisory Committee Meeting • August 29, 2016: Attended Joint Budget Work Session with Financial Commission 12.ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:40 p.m. Motion passed unanimously. 09/12/16 -10- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION SEPTEMBER 12, 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 8:56 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commi5s1os April Graves, Kris Lawrence-Anderson, and Lin Myszkowski. Commissioner Dan Ryan was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Public Works Director/City Engineer Steve Lillehaug, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. WATER TREATMENT PLANT DISINFECTANT UPDATE - continued Councilmember/Commissioner Graves stated she is leaning towards Option No. 2. She stated she feels it is close to being acceptable but needs a little more time to possibly optimize the water chemistry further. Councilmember/COmmissiofler Myszkowski stated she tested her water a bit in her house and feels it is something that can be tweaked and she is leaning towards Option No. 2 as well. Councilmember/Commissioner Lawrence-Anderson stated she detects a very faint chlorine smell in her water but not so much iron anymore. She stated she used to smell iron so bad she had to buy bottled water, but she no longer needs to. She stated her concern is the people who are stating their water is a different color. She stated she is wondering if some of the color people are seeing in their sinks is from their own plumbing and due to things shaking up and needing to be flushed out. Mr. Lillehaug stated yes it's build up from the old water and needs to be flushed out before the clarity and look will get better, he noted this will get better over time. Councilmember/C011mi55i0n Lawrence-Anderson stated she is leaning towards Option No. 2 as well because she knows the water is safer but wants to explore the data and get some information to those who need a solution to their problem. Mayor/President Willson stated a few months ago he had to replace his water heater and he stated when that happened as he filled the heater back up it pushed the water out and tons of stuff from the pipes flushed out as well when that happened. He stated they installed a good water DRAFT 09/12/16 -1- filter and it is much better and his water is great. He stated getting people to consider replacing the filters would be one possible solution. Mr. Boganey stated it would be nice to get some information and data from residents who like the current water more than the old. He noted the City has only heard from residents who don't like the new water. Mayor/President Willson stated he would like to get the information back from the EPA and review it between now and early next year. He stated they also need to educate residents on possible solutions and maybe survey people. He noted after that all occurs they can decide how to proceed. STATE LAW REGARDING TEMPORARY FAMILY HEALTH CARE DWELLINGS IN RESIDENTAL ZONED DISTRICTS Mr. Benetti provided background and a presentation on this item. He stated every City with the exception of Osseo and Brooklyn Center has chosen to opt out. Mr. Boganey asked if the other cities are making an amendment to the code to address the issue. Mr. Benetti stated most Cities have simply opted-out of the new law and not done anything further. Councilmember/Commissioner Myszkowski stated she is concerned about too many issues with this law to approve it at this time. She stated the cost alone for a temporary dwelling seems very expensive. Councilmember/Commissioner Lawrence-Anderson stated she thinks opting out and creating an ordinance would be the best option. City Attorney Troy Gilchrist stated he believes once the City opts out of this law they then have flexibility to create an ordinance that better fits the needs of the City at a later date. It was the consensus of the City Council to opt out and create a City ordinance at a later time. PUBLIC PURPOSE EXPENDITURE POLICY Mr. Boganey introduced this item and provided background, recommending 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, which would allow certain specified public expenditures. Councilmember/Commissioner Lawrence-Anderson asked if items like the Liberia trip would require authorization before it could be approved as an expense. Mr. Boganey replied affirmatively. He stated by having the policy and establishing a budget it will be clearer that the governing body has approved those expenses. Mayor/President Willson asked if there is a consensus to move forward with this policy. The Council agreed with-moving forward with this item. ADJOURNMENT 09/12/16 -2- DRAFT Councilmember/COmmiS5i0n Lawrence-Anderson moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 10:04 p.m. Motion passed unanimously. DRAFT 09/12/16 -3- 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 SEPTEMBER 13, 2016 CITY HALL - COUNCIL CHAMBERS I.CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission called to order by Mayor Tim Willson at 7:00 p.m. Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Lin Myszkowski. Also present: City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, and Deputy City Clerk Rozlyn Tousignant. Councilmember Dan Ryan was absent and excused. Others present were Financial Commissioners Teneshia Kragness, Rex Newman, and Dan Schueller. II.APPROVAL OF AGENDA Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to approve the agenda. Motion passed unanimously. III.2016 CITY MANAGER RECOMMENDED LEVY City Manager Curt Boganey thanked Councilmembers and Commissioners for their work with staff on the levy and budget. He stated that if the City Council and Financial Commission so directs, the 2017 preliminary property tax levy and budget will be brought before the City Council at the September 26, 2016, meeting for adoption. He also stated that the levy increase was set at 7.06%, but adjustments have been made and the result is a decrease of 1.58%. Finance Director Nate Reinhardt provided a PowerPoint presentation outlining the City of Brooklyn Center 2017 Preliminary Levy and Budget adjustments including an $184,725 decrease in budgeted expenses. Mr. Reinhardt continued to summarize departmental budget requests. IV.ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adjourn the Work Session at 7:42 p.m. Motion passed unanimously. 09/13/16 -1- DRAFT City Council Agenda Item No. 6b EI1SJh[S1 I U V I ak'A U3 I Ik'4 (I] 4WD WhYi DATE: September 16, 2016 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Clerk'\ SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on September 26, 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 Assured Heating A/C Ref In Boiler Services, Inc. MN Plumbing and Appliances Inc. Owens Companies, Inc. Perfection Heating & Air Twin City Fireplace and Stone Co. RENTAL See attached report. 13571 Balsam Ln N, Dayton 10327 Flanders Street NE, Blame 14105 Rutgers St NE, Prior Lake 930 E. 80th Street, Bloomington 1770 Gervais Avenue, Maplewood 6521 Cecilia Circle, Edina Alission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI]JJIJ I u ak'A U I Dk'A o iwi asi L 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 I - 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 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensniiizg an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust a)c-i a)U, 04- U, ci)2>- a) -1 II= CL >. 0 a)c U, C -a)-o U,CL a)->- x Al-CL.E >-t4- a)>- a) 0_ E-2 20 >- Ca)_•Q j7E Q) 0 U C0o , a) - C • 11-) Co U, I-o 0 C CoLl U C oII a)'- 0 LL 0* =* * * City Council Agenda Item No. 6c [EI1Hh[iJ I fl I k'A IYA I D 0] 7I 1SJ1 DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Write-off of Returned Checks Recommendation: It is recommended that the City Council consider adoption of the attached resolution authorizing write-off of returned checks (uncollectible accounts). Background: This action was last taken at the regular City Council meeting on November 23, 2015. The Council approved write off of 20 returned checks totaling $1,220.34. The following accounts are requested to be deemed uncollectible and written off- 8 returned checks - dates ranging from 2009 to 2012. We have attempted to collect these checks on multiple occasions, but collections have not been successful. 5 of the checks were returned for insufficient funds and 3 were returned because the account was closed. The total amount for all uncollectible checks is $210.75. Budget Issues: All items will be removed from receivables in the general ledger in 2016. Total account write- offs (loss) for the four year period; $210.75. Strategic Priorities: e Resident Economic Stability 114issioii: Ensuring on attractive, clean, safe, inclusive cotninuility that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS WHEREAS, the City Manager has identified the following accounts receivable as unlikely to be collected; and WHEREAS, the following returned checks have been placed for collection without success and have surpassed the time limits for valid collection; and WHEREAS, all reasonable efforts have been made to collect on these receivables and returned checks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is hereby authorized to write off the following accounts receivable and returned checks from the City of Brooklyn Center's accounts: Returned checks: Name Amount Check Date Department Barnes $ 25.50 June 2012 CARS Barnes 50.75 June 2012 CARS Barnes 9.00 June 2012 CARS Olson 44.00 July 2012 CARS F. Johnson Properties 10.50 July 2012 CARS Xiong 4.50 August 2012 CARS Sherrard 39.50 August 2009 Golf Sherrard 27.00 August 2009 Golf TOTAL $ 210.75 September 26, 2016 JJ4LC 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: RESOLUTION NO. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item NG. 6d [i1S1IJ[SJ I I I k'A I I JWA [I) 1II I1$i'A I DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community StandardsIHR Specialist SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the City Tree Inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301 to 20-306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter into an agreement to allow the City to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and on City property is included in the 2015 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the Mission: Ensuring an attractive, clean, safe, inclusive community (11(11 enhances the quality of life for all people and preserves the public trust S[I1JJ[SJ fl I ak'A U I k' (I) 1WI 1SA'A I respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: Enhanced Community Image iVlission: Ensuring an attractive, clean, safe, inclusive Coinnhlinity 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 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and; WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center allowing the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The diseased tree at the following address is hereby declared to be a public nuisance. P1vh7 Ai-ldrpv.cz Tree Tvne Tree NumberJ-0171stAve N - - - --Elm 63 5332 James AveN Elm 69 5234 Drew Ave N Elm 70&71 3310 50th AveN Elm 72 RESOLUTION NO 2.After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3.After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. September 26, 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. 6e [ES1SI[iJ IU S V *Y4 I'A I 3Ik'A 0) 1I 1IAA I DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist ' SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of dead trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of dead trees that were recently marked by the city tree inspector and have become a public safety issue due to being a hazard. The removal of dead trees is defined in City Ordinance Chapter 20- 202 and 19-101 thru 19-105. Property owners are given the opportunity to remove the dead tree on their own or enter an agreement to allow the city to remove the dead tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. If the owner does not respond within ten days, they are provided with a second notice notifying them of the City Council meeting where the dead tree is declared a public nuisance. If the property owner does not correct the violation or enter into an agreement, the City will remove the dead tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The cost of removal of dead trees located on private property is the responsibility of the respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-202 and 19-101 thru 19-106, declares any dead tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of dead trees and abatement of the public nuisance is necessary to prevent the hazard and to protect the safety of the public in neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Dead Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners ten (10) days to remove dead trees on the owners' property; and WHEREAS, the City can expedite the removal of these dead trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The dead tree at the following address is hereby declared to be a public nuisance. Property Address Tree Type Tree Number 15712 Girard Ave N I Pine I 67 2.After ten (10) days from the date of the initial notice, the property owner(s) was notified of a hearing to contest the determination of the City Council declaring the dead tree a public nuisance. 3. If the property owner fails to attend the hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. September 26, 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 Cot©i1 Agenda Item No. 6f [i1i1Bk[iJ i. V N ak'A Uh!A I II)11Ib1BJII DATE: September 20, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer -' FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Resolution Rejecting Bids, Improvement Project No. 2016-17, City Hall/Public Works Parking Lot Improvements Recommendation: It is recommended that the City Council reject the bids for Improvement Project No. 2016-17, City Hall/Public Works garage parking lot improvements. Background: Bids for the City Hall/Public Works garage parking lot improvements, Project No. 2016-17, were received and opened on September 15, 2016. The bidding results are tabulated below: BIDDER TOTAL Bituminous Roadways $ 454,696.00 C.S. McCrossan Construction Inc. $ 475,506.00 Hardrives, Inc. $ 498,319.09 Valley Paving, Inc. $ 537,922.60 Buck Blacktop, Inc $ 550,173.00 The parking lot project for City Hall and Public Works garage has a budget of $277,000, and the low bid received was $454,696, approximately 67 percent above the budgeted amount. The scope of the project included replacing the parking lot pavement at the Public Works garage and pavement spot repairs with seal coat at the City Hall and Community Center lots. Miscellaneous spot repairs of concrete curb and gutter and sidewalk on the campuses were also part of the project. The City's consultant estimated the repairs of the project to be $275,654.60. Staff proceeded with the bidding, hoping to obtain favorable bids. However, the bids significantly exceeded the engineer's estimate. It is staffs opinion that the bids are reasonable based on the scoped work, but the estimating was inaccurate. Staff proposes to revise the scope and plans for the project to, develop a more cost effective way to preserve the existing pavement. Staff recommends revising the scope and plans as indicated, then rebidding the project and proceeding with the construction of the project upon successful award in 2017. Budget Issues: The City Hall/Public Works parking lot improvements project will be funded out of the Capital Improvement Fund. Re-advertising and rebidding the project will result in minimal advertising fees, consulting fees and additional City staff time. Mission: Ensuring an attractive, clean, safe, iiichisive community that enhances the quality of life for all people and preserves the public trust I[I1II[iJ I fl IVDk!A L'Ai 3kYA El] 11I iIJ'A I Strategic Priorities: Key Infrastructure Investments IWission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualitj' of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 2016-17, CITY HALL/PUBLIC WORKS PARKING LOT IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2016- 17, bids were received, opened and tabulated by the City Engineer on the 15t1i day of September, 2016. Said bids were as follows: BIDDER TOTAL Bituminous Roadways $ 454,696.00 C.S McCrossan Construction Inc. $ 475,506.00 Hardrives, Inc. $ 498,319.09 Valley Paving, Inc. $ 537,922.60 Buck Blacktop, Inc $550,173.00 WHEREAS, the lowest bid exceeds the City budget amount of $277,000; and WHEREAS, the City desires to reduce the project cost and can potentially accomplish this by revising the scope and plans for the project, which would still increase the life span of the existing pavement adequately, then re-advertise and rebid the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The construction contract bids for Improvement Project No. 2016-17, City Hall/Public Works Parking Lot Improvements bids are hereby rejected. The City Clerk shall return all bid securities provided to the City in response to the solicitation of bids for said improvement project. 2. City staff shall proceed to revise the scope and plans of the improvement project and re-advertise to solicit bids for Improvement Project No. 2016-17. September 26,_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. 6g ki1USI I fl N N Gk'A LII I'A [I] 1II I1Ih'A I DATE: September 20, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer c SUBJECT: Resolution Rejecting Bids, Improvement Project No. 2016-09, 69th Avenue Greenway and Cahlander Park Fence Replacement Improvements Recommendation: It is recommended that the City Council reject the bids for Improvement Project No. 2016-09, 69th Avenue Greenway and Cahlander Park Fence Replacement Improvements. Background: Bids for Improvement Project No. 2016-09, 69th Avenue Greenway and Cahlander Park Fence Replacement Improvements were received and opened on September 15, 2016. The bidding results are tabulated below: Bidder Alternate A Total Alternate B Total Twin Cities Fence $ 153,710.53 No Bid Submitted Fence-Co, Inc. $248,116.50 $247,921.00 The fence project has a total budget of $192,000 with an estimated construction cost of $150,000. The scope of the project included replacing the fences at Cahlander Park and along the 69th Avenue Greenway. The plans included a bid Alternate A and Alternate B, allowing for an alternative method to construct the fence. Twin Cities Fence submitted a bid for Alternate A only; however, they did not include the required Bid Bond Security and Responsible Contractor Verification forms with their bid. These are standard bid requirements for public bid projects and must be included as part of the bidding proposal as prescribed in the Instructions for Bidders. Therefore, staff recommends rejecting this bid due to this irregularity. The second bid substantially exceeds the probable project estimation by 65 percent, and is staff s opinion that it is probable to construct the project more cost effectively. Staff recommends rebidding the project and proceeding with the construction of the project upon successful award in 2017. Budget Issues: The fence project will be funded out of Capital Improvements Fund. Re-advertising and rebidding the project will result in minimal advertising fees, consulting fees and additional City staff time. Strategic Priorities: • Key Infrastructure Investments IWission: Ensuring on attractive, clean, safe, inclusive community that enhances time quality of life for al/people and preserves time public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 2016-09,69 h AVENUE GREENWAY AND CAHLANDER PARK FENCE REPLACEMENT IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2016- 09, two bids were received, opened and tabulated by the City Engineer on the 15t11 day of September, 2016. Said bids were as follows: Bidder Alternate A Total Alternate B Total Twin Cities Fence $ 153,710.53 No Bid Submitted Fence-Co, Inc. $248,116.50 $247,921.00 WHEREAS, the Twin Cities Fence bid was not accompanied by the required Bid Bond Security and the State mandated Responsible Contractor Verification forms, deeming this bid unacceptable; and WHEREAS, the Fence-Co, Inc., bid significantly exceeds the estimated amount of $150,000; and WHEREAS, the City desires to reduce the project cost and can potentially accomplish this by re-advertising and rebidding the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The construction contract bids for Improvement Project No. 2016-09, 69th Avenue Greenway and Cahlander Park Fence Replacement Improvements bids are hereby rejected. The City Clerk shall return all bid securities provided to the City in response to the solicitation of bids for said improvement project. 2. City staff shall proceed to re-advertise to solicit bids for Improvement Project No. 2016-09. September 26, 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. 6h [I1i]JI[iH U I I GIk'A Uh'A I aIL"A [I) 1.'I PIUh'A I DATE: September 20, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Authorizing the Application and Execution of the Metropolitan Council Grant Agreement for Inflow and Infiltration Recommendation: It is recommended that the City Council consider approval of the resolution authorizing the application and execution of the Metropolitan Council grant agreement for inflow and infiltration. Background: A 2014 Metro Cities' legislative bonding initiative helped secure State funding and grants for municipalities to reduce inflow and infiltration in their public sewer systems that flow to the Metropolitan Council Environmental Services (MCES) regional treatment system. Criteria included projects that would be constructed between the period from May 2014 to October 2016. The City already had programmed projects with improvements that qualified for inflow and infiltration mitigation. The City's reconstruction program, specifically the sanitary sewer replacement portion of those projects qualify and were respectively submitted including the Wangstad Area Reconstruction Project, the Freeway Park Area Reconstruction Project and the 63' Avenue Reconstruction Project. On October 10, 2014, the MCES notified the City that it was selected to receive grant funding for a portion of the project improvement costs related to inflow and infiltration improvements. The projects have been completed and the City is required to submit pay claims to MCES by October 30, 2016, including a resolution of support for the grant agreement. Budget Issues: All project costs were originally fully funded out of the City's Sanitary Sewer Fund. The Metropolitan Council grant funding was not programmed as part of the original project approval; however, the grant amounts will be used to reimburse the fund for the applicable expenses, estimated at $135,586.10. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE APPLICATION AND EXECUTION OF THE METROPOLITAN COUNCIL GRANT AGREEMENT FOR INFLOW AND INFILTRATION WHEREAS, the Minnesota State Legislature has appropriated $4,156,800 in general obligation bond funds for grants to municipalities to reduce inflow and infiltration in their public system infrastructure, administered by Metropolitan Council Environmental Services (MCES); and WHEREAS, application to participate in the MCES 2014 Municipal Grant Program (Grant Program) was made on September 23, 2014, for reimbursement of a percentage of the sanitary sewer improvements as part of the Wangstad Area Reconstruction Project in 2014, the Freeway Park Area Reconstruction Project in 2015 and the 63rd Avenue Reconstruction Project in 2015; and WHEREAS, the City of Brooklyn Center was notified by MCES Letter of Intent dated October 10, 2014, of approval to participate in the Grant Program and of estimated Final Reimbursement Amount (FRA) of $110,596.10 ($135,596.10, updated September 19, 2016); and WHEREAS, the City of Brooklyn Center awarded bid for Wangstad Area Reconstruction Project on May 12, 2014, and approved final payment for the work on December 14, 2014; and WHEREAS, the City of Brooklyn Center awarded bid for Freeway Park Area Reconstruction Project on April 27, 2015, and issued payment for the completion of the work on April 4, 2016; and WHEREAS, the City of Brooklyn Center awarded bid for 63'' Avenue Reconstruction Project on May 11, 2015, and approved final payment for the work on February 12, 2016; and WHEREAS, Grant Agreement between the Metropolitan Council and the City of Brooklyn Center is currently being drafted by MCES; and WHEREAS, the City of Brooklyn Center has completed $1,723,554.40 of work eligible for funding and desires to enter into Grant Agreement to finalize the reimbursement process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: RESOLUTION NO. 1.The City Council hereby approves application for MCES 2014 Municipal Inflow and Infiltration Grant Program. 2.The City Council hereby approves the Grant Agreement between Metropolitan Council and the City of Brooklyn Center and authorizes the City Manager to execute the Grant Agreement, subject to minor modifications and final review by the City Attorney. September 26, 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 Noe 6i [iII1SJhI1 I fl I I ak'A LA I [I) 1hI I1IJh I DATE: September 20, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Authorizing the Execution of a Cooperative Agreement for Cost Participation for the Preliminary Planning and Design of the Brooklyn Boulevard Reconstruction and Streetscape Improvements, 49th Avenue to Bass Lake Road, Project No. 2018-05 Between Hennepin County and the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the Resolution Authorizing the Execution of a Cooperative Agreement for the Brooklyn Boulevard Reconstruction and Streetscape Improvements, 49th Avenue to Bass Lake Road, Project No. 2018-05 between Hennepin County and the City of Brooklyn Center. Background: On May 9, 2016, the City Council directed staff to proceed with the preliminary design, environmental documentation, easement acquisition and final design work for the Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road), Project No. 2018-05. On August 8, 2016, the City Council authorized a Professional Services Agreement with SRF Consulting Group, Inc., to provide the needed professional services and to proceed with delivering the Brooklyn Boulevard Corridor Project over the next three year period. To solidify Hennepin County's participation, the County has prepared a Cooperative Agreement that details the cost responsibilities of each party (see attached). The agreement specifies that the County will contribute up to $809,000 to help fund the joint project. This agreement is typical of past joint Hennepin County partnership projects (e.g. Bass Lake Road Regional Trail and Streetscape Project and County Road 57 Streetscape Project). Budget Issues: The Brooklyn Boulevard Corridor Project is identified in the City's Capital Improvement Program for 2018 with a total project cost of $14,600,000. Federal funding through the Surface Transportation Program has been awarded to the City for this project in the amount. of $7,420,000 and the remaining project costs are to be fundçd from local funding as part of the required cost share. Local funding partnerships and proportions are continuing to be formulated and are anticipated to include Hennepin County, City of Brooklyn Center and other possible funding from local jurisdictions. Hennepin County has designated $809,000 as part of the County's 2016 Capital Improvement Program (CIP) for the design of this project and $3,022,000 in the 2018 CIP for the construction of the project, understanding that these are estimated amounts and that actual amounts would be further revised through a future amendment to the agreement. City funding is programmed under the City's Capital Improvements Fund. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR COST PARTICIPATION FOR THE PRELIMINARY PLANNING AND DESIGN OF THE BROOKLYN BOULEVARD RECONSTRUCTION AND STREETSCAPE IMPROVEMENTS, 49TH AVENUE TO BASS LAKE ROAD, PROJECT NO. 2018-05 BETWEEN BENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ("City") and Hennepin County ("County") have been working cooperatively to advance the project to provide streetscape, trail, lighting and general roadway improvements to the Brooklyn Boulevard Corridor from 49th Avenue to Bass Lake Road; and WHEREAS, the project is multi-jurisdictional, involving the Minnesota Department of Transportation, Hennepin County, Three Rivers Park District and the City; and WHEREAS, the City received a federal aid grant in the amount of $7,420,000 to participate in the Brooklyn Boulevard Corridor improvements, programmed for 2018 construction; and WHEREAS, the County has designated $3,831,000 as part of the County's Capital Improvement Program to participate in the Brooklyn Boulevard Corridor improvements; and WHEREAS, the City's Capital Improvement Program identifies the Brooklyn Boulevard roadway and streetscape improvements from 49th Avenue to Bass Lake Road to be constructed in 2018; and WHEREAS, preliminary planning and design of the project have commenced with the City taking the lead as the project manager; and WHEREAS, the City and County desire to set forth their various responsibilities for the preliminary planning and design in an agreement under the provisions of Minnesota Statute, Section 471.59. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The provisions of the Hennepin County Agreement No. PW 56-02-16, a Cooperative Agreement for Cost Participation between the City of Brooklyn Center and Hennepin County are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute said agreement. RESOLUTION NO. September 26, 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. Agreement No. PW 5602-16 County Project No. 1519 County State Aid Highway No. 152 City of Brooklyn Center County of Hennepin COOPERATIVE AGREEMENT FOR COST PARTICIPATION THIS AGREEMENT, made and entered into this day of 20 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the 'County", and the City of Brooklyn Center, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the County and the City desire to bring about the reconstruction of County State Aid Highway (CSA}II) 152 (Brooklyn Boulevard) between 49th Avenue North and CSAII 10 (Bass Lake Road) within the corporate limits of the City under City Project No. (County Project No. 1519), and hereinafter referred to as the "Project"; and WIJIEREAS, the Project will improve roadway safety, enhance traffic operations, reduce access points, provide improved bicycle and pedestrian facilities, and provide streetscape and landscaping; and WHEREAS, the City will be the lead agency for the Project and has secured federal funding to partially finance anticipated engineering and construction costs for the Project; and WHEREAS, the City will be responsible for the development of the plans and specifications, right of way acquisition, environmental documentation and construction contract administration for the Project; and WHEREAS, the City will enter into a separate agreement with a consulting engineering firm to provide the design and construction engineering, environmental documentation, and right of way acquisition services necessary to construct the Project; and WHEREAS, the County will participate in the costs incurred by the City to provide design engineering, environmental documentation and construction contract administration engineering for the Project as detailed herein; and WHEREAS, it is anticipated that construction of the Project will begin in calendar year 2018; and -1- Agreement No. PW 56-02-16 CSAH 152, C.P. 1519 WHEREAS, cost participation in the construction of the Project as well as ownership and maintenance of the improvements constructed under the Project will be established in a future construction cooperative agreement between the City and the County; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: It is understood that the City or its agents shall be responsible for preparing the necessary plans and specifications for construction of the Project, and shall obtain approval of said plans and specifications from the County and the Minnesota Department of Transportation (MnDOT). It is understood that the City or its agents shall be responsible for preparing the necessary environmental documentation for construction of the Project, and shall obtain the required approvals from the appropriate agencies necessary for construction of the Project. It is understood that the City or its agents shall acquire all additional right of way, permits and/or easements required for the construction of the Project. Upon completion of the Project, all permanent right of way acquired for CSAH 152 as provided herein shall be conveyed to the County. It is further understood that the City shall enter into a contract with the successful bidder for construction of the Project, administer the construction contract, and perform the required engineering and inspection all in accordance with said plans and specifications. II The County will participate in the design engineering, right of way acquisition services, environmental documentation and construction contract administration costs for the Project. The County shall reimburse the City the lump sum amount of Eight Hundred Nine Thousand Dollars and No Cents ($809,000.00) as its share of said design engineering, environmental documentation and construction contract administration costs. Upon execution of this Agreement and upon submittal of an invoice by the City to the County, the County will within forty five (45) days of said invoice, deposit with the City funds totaling the amount of the invoice. The City understands and agrees that the County's total cost participation for design engineering, environmental documentation and construction contract administration costs for the Project shall not exceed $809,000.00 without an amendment to this Agreement. -2- Agreement No. PW 56-02-16 CSAH 152, C.P. 1519 The City shall submit the invoice to Mr. Nathan Ellingson, Professional Engineer or his successor at the Hennepin County Transportation Department, 1600 Prairie Drive, Medina, MN, 55340-5421. It is understood by the City that the County intends to use County State Aid funds to reimburse the City for the County's share of these costs. It is understood and agreed by the City that the County's cost participation must be eligible for County State Aid funding and that the County's contribution to the Project's costs must be for environmental documentation, design engineering and construction engineering that benefits CSAB 152. It is further understood by the parties that the engineering costs incurred by both the City and the County cannot exceed twenty five percent (25%) of the construction costs for the Project to be eligible for County State Aid funding. Accordingly, it is understood and agreed that the County reserves the right not to make payment to the City for its share of the costs for the Project if any action or inaction of the City causes MnDOT's State Aid Engineer to determine that the County's costs are not eligible for State Aid funding. It is further understood and agreed that the City shall return to the County monies previously paid to the City for costs which the County is unable to obtain State Aid reimbursement. III All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. Iv Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. V The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the design, construction, ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed as part of the Project. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. -3- - Agreement No. PW 56-02-16 CSAH 152, C.P. 1519 The County agrees to defend, indemnify and hold harmless the City, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the design, construction, ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed as part of the Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. VI It is understood and agreed that any contract let for the performance of the work on the Project as provided herein shall include clauses that will: 1) Require the Consultant to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Consultant, its officers, employees, agents or subcontractors; 2) Require the Consultant to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Consultant to provide and maintain insurance in accordance with the following: Limits A.Commercial General Liability on an occurrence basis with Contractual Liability coverage: General Aggregate $2,000,000 Products - Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. B.Automobile Liability - $1,000,000 Combined single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles. C. Workers' Compensation and Employer's Liability: Workers' Compensation: Statutory If the Consultant is based outside the State of Minnesota, coverage must apply to Minnesota laws. 2. Employer's Liability: -4- Agreement No. PW 56-02-16 CSAH 152, C.P. 1519 Bodily injury by: Each Accident Disease - Policy Limit Disease - Each Employee D. Professional Liability - Per Claim Aggregate $500,000 $500,000 $500,000 $1,500,000 $2,000,000 The Professional Liability insurance shall be maintained by the Consultant continuously for a period of two years after completion of the actual construction of the Project. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. It is agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. VIII In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Highway Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. Im It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. -5- Agreement No. PW 56-02-16 CSA}II 152, C.P. 1519 Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. RO The whereas clauses are incorporated herein and are hereby made a part of this Agreement. The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (this space left intentionally blank) -6- Agreement No. PW 5602-16 CSAH 152, C.P. 1519 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN CENTER (Se-0) By:_____________ Mayor Aria:_____ Manager Date: COUNTY OF IIUgNNEIPIN ATTEST: By: Deputy/Clerk of the County Board Date: APPROVED AS TO FORM: B y : L(bJ(. Aktant County Attorney Date: APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: By: Chair of its County Board Date: i-ma: County Administrator Date: And: Assistant County Administrator, Public Works Date: RECOMMENDED FOR APPROVAL By: County Highway Engineer Date: -7- City Council Agenda Item No. 6j I1SJ[iI I U M U I VhYA 0) 1I I1Bi I DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director ML SUBJECT: Authorizing the Issuance, Sale and Delivery of Multifamily Housing Revenue Refunding Bonds (Sanctuary at Brooklyn Center Project) Recommendation: It is recommended that the City Council consider adoption of a resolution authorizing the issuance, sale, and delivery of its Multifamily Housing Revenue Refunding Bonds (Sanctuary at Brooklyn Center Project). Background: The Sanctuary at Brooklyn Center, LP has requested authorization from the City of Brooklyn Center for the issuance of conduit bonds to finance the acquisition, construction and equipping of an approximately 158-unit affordable multifamily senior assisted living rental housing facility to be located at 6121 Brooklyn Boulevard and to cover the administrative costs of the issuance of bonds. On February 19, 2016 the Sanctuary of Brooklyn Center, LP submitted an application for conduit revenue bond project financing along with the applicable fee. City staff, financial advisor and bond attorney have reviewed the application and concur that meets the criteria set forth in the City's conduit debt administrative guidelines. Administrative guidelines include: The project is to be compatible with the overall development plans and objectives of the City and of the neighborhood in which the project is located. The project is in areas of the City that the City wishes to develop redevelop, or which is any way complements any development plans or policy of the City. It is also the City's intent to assist in business expansions or relocations within the City where it can be shown that such would have a substantial, favorable impact on employment or tax base, or both. On June 27, 2016, City Council adopted a resolution that authorized the issuance of Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016 in one or more series, in an original maximum aggregate principal amount not to exceed $27,000,000. On August 1, 2016 the City received an allocation of tax-exempt bonding from the State of Minnesota in the amount of $19,896,488 which enables the City to issue $19,895,000 of tax exempt bonds (minimum denominations of $5,000). In order to have enough proceeds for The triissioii: Ensiii/iig on atiractivë, clean, safe, inclusive coininunhzy that enhances the qualiv of life for all people and preserves the public trust [S[I1SJ[S1 I N V I M'A U I aA (I) 7I P1SJ I Sanctuary at Brooklyn Center, LP (the "borrower") to complete the project, the City will issue the remaining $7,105,000 as taxable bonds. If the attached resolution is approved, and tax exempt bonding authority becomes available from the State of Minnesota later in 2016 or in 2017, the City would be able to refund the taxable bonds up to $7,105,000, as tax exempt bonds. This would be a refunding and not additional debt. Budget Issues: The Bonds will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of Brooklyn Center. The issuance of the Bonds will not affect the City's credit rating. The total administrative fee that the City will receive for the issuance will be approximately $110,500. These bonds will be sold in private placement to accredited investors. Any offering material for private placement must prominently state that: "The City of Brooklyn Center has no assumed any responsibility to review this offering material and has not responsibility for its accuracy or completeness. The City of Brooklyn Center has no financial obligation or any nature with respect to the offered bonds." Strategic Priorities: Targeted Redevelopment ft'iissioji: Ensuring an attractive, cleaji, sqfe, IECIUSIVC community that CnhiüflcCs the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (SANCTUARY AT BROOKLYN CENTER PROJECT) PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO WHEREAS, the City of Brooklyn Center, Minnesota (the "City"), is a political subdivision of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by issuing revenue bonds to finance or refinance multifamily housing developments located within the City, and as a condition to the issuance of such revenue bonds, adopt a housing program providing the information required by Section 462C.03, subdivision la, of the Act; and WHEREAS, in the issuance of the City's revenue bonds and in the making of a loan to finance or refinance a multifamily housing development the City may exercise, within its corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, The Sanctuary at Brooklyn Center, LP, a Minnesota limited partnership (the "Borrower"), has requested that the City issue its revenue bonds under the Act and lend the proceeds thereof to the Borrower to finance the following: (i) the acquisition, construction, and equipping of an approximately 158-unit affordable multifamily senior assisted living rental housing facility to be located at 6121 Brooklyn Boulevard in the City (the "Project"); (ii) the payment of costs of issuance and other costs related to the issuance of the bonds; and (iii) the funding of capitalized interest and certain reserves; and WHEREAS, the City has prepared a housing program (the "Housing Program" or "Program") to authorize the issuance by the City of revenue bonds in the maximum principal amount of $27,000,000 to finance the acquisition, construction, and equipping of the Project; and WHEREAS, the Borrower has requested that the City issue, sell, and deliver its Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016 (the "2016 'Bonds"), in an original aggregate principal amount not to exceed $27,000,000; and WHEREAS, on June 27, 2016, the City Council of the City (the "City Council") adopted Resolution No. 2016-102 authorizing the issuance of the 2016 Bonds for the Project; and WHEREAS, on August 1, 2016, the City received an allocation of tax-exempt bonding authority from the State of Minnesota in accordance with Minnesota Statutes, Chapter 474A, as amended RESOLUTION NO. (the "Allocation Act") in the amount of $19,896,488 to finance the Project (the "2016 Bonding Allocation"); and WHEREAS, the City has determined to issue its Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016A, in the aggregate principal amount of $19,895,000 (the "Series 2016A Bonds") and its Taxable Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016B, in the aggregate principal amount of $7,105,000 (the "Series 2016B Bonds") based on the 2016 Bonding Allocation; and WHEREAS, the Borrower has requested that the City authorize the issuance of tax exempt refunding bonds in an amount not to exceed $7,105,000 to refund all or a portion of the Series 2016B Bonds if tax exempt bonding authority becomes available from the State of Minnesota under the Allocation Act later in 2016 or in 2017 (the "Refunding Bonds"); and WHEREAS, the Refunding Bonds will be issued pursuant to this resolution and, as "Additional Bonds" pursuant to a supplement to the Trust Indenture, dated on or after August 1, 2016 (as supplemented, the "Indenture"), between the City and a bond trustee (the "Trustee"), and the Refunding Bonds and the interest on the Refunding Bonds: (i) shall be payable solely from the revenues pledged therefor under an amendment to Loan Agreement, dated on or after August 1, 2016 (as amended, the "Loan Agreement"), between the City and the Borrower, whereby the City will apply the proceeds derived from the sale of the Refunding Bonds to fund a loan to the Borrower to refund all or a portion of the Series 2016B Bonds; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan Agreement; and (v) shall not constitute a general or moral obligation of the City; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.The City acknowledges, finds, determines, and declares that the issuance of the Refunding Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Refunding Bonds, and the other actions of the City under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. In authorizing the issuance of the Refunding Bonds to refinance a portion of the Project and the related costs, the City's purpose is and the effect thereof will be to promote the public welfare of the City and its residents by providing multifamily housing developments for low or moderate income senior residents of the City and otherwise furthering the purposes and policies of the Act. 2.The Housing Program is previously adopted for the Project is hereby ratified and supplemented to provide for the Refunding Bonds. The City Manager is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the Housing Program in accordance with the Act and any other applicable laws and regulations. 3. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Refunding Bonds in one or more series in a maximum aggregate principal amount not to exceed $7,105,000. The Refunding Bonds shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, with the amendments referenced herein. The City hereby authorizes the Refunding Bonds to be issued, in whole or in part, as "tax-exempt bonds," the interest on RESOLUTION NO. which is excludable from gross income for federal and State of Minnesota income tax purposes or as taxable bonds. The City hereby authorizes Kennedy & Graven, Chartered ("Bond Counsel") to prepare, execute, and deliver its approving legal opinions with respect to the Refunding Bonds. All of the provisions of the Refunding Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Refunding Bonds shall be substantially in the form in the Indenture on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Refunding Bonds, the stated maturities of the Refunding Bonds, the interest rates on the Refunding Bonds and the terms of redemption of the Refunding Bonds) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Refunding Bonds with the manual or facsimile signature of the Mayor and the City Manager (the "City Officials") and the delivery of the Refunding Bonds by the City shall be conclusive evidence of such determination. 4.The Refunding Bonds shall be special, limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to the Loan Agreement and other funds pledged pursuant to the Indenture; however, the City does not pledge its general credit or taxing powers or any funds of the City to the payment of the Refunding Bonds. The City Council hereby authorizes and directs the City Officials to execute the Indenture, as supplemented, and to deliver the Indenture, as supplemented, to the Trustee, and hereby authorizes and directs the execution of the Refunding Bonds in accordance with the terms of the Indenture, as supplemented, and hereby provides that the Indenture, as supplemented, shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Refunding Bonds, the City, and the Trustee as set forth therein. 5.The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Refunding Bonds as further provided in the Indenture. 6.The proceeds of Refunding Bonds will be disbursed pursuant to the terms of the Indenture and the Loan Agreement to refund all or a portion of the City's Series 2016B Bonds. 7.To ensure compliance with certain rental and occupancy restrictions imposed by the Act and Section 142(d) of the Code and to ensure compliance with certain restrictions imposed by the City, the City Officials are also hereby authorized and directed to execute and deliver an amendment, if determined necessary by Bond Counsel, to the Land Use Restriction Agreement, dated on or after August 1, 2016 (the "Regulatory Agreement"), among the City, the Borrower, and the Trustee. 8. The City Officials are hereby authorized and directed to execute and deliver the Refunding Bonds and any necessary amendments or supplements to the Loan Agreement, the Indenture,. the Regulatory Agreement, the Combination Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or after August 1, 2016 (the "Mortgage"), a forward Bond Purchase Agreement, between the City, the Borrower and Dougherty & Company LLC and BB&T Securities, LLC (collectively, the "Underwriters") or other purchaser of the Refunding Bonds, (the "Bond Purchase Agreement") and such other documents and certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of the Refunding Bonds, including, various certificates of the City, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, with respect to the Refunding Bonds, a certificate as to arbitrage and rebate, and similar documents, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Refunding Bonds (collectively, the "Financing Documents") All of the provisions of the Financing Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force RESOLUTION NO. and effect from the date of execution and delivery thereof. The Financing Documents shall be substantially in the forms prepared by Bond Counsel which are hereby approved, with such necessary and appropriate variations, omissions, and insertions as are approved by Bond Counsel, as do not materially adversely change the substance thereof with respect to the City, and as the City Officials, in their discretion, shall determine, and the execution thereof by the City Officials shall be conclusive evidence of such determinations. 9.The City has not participated in the preparation of a Limited Offering Memorandum relating to the offer and sale of the Refunding Bonds (the "Limited Offering Memorandum"), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriters of the Limited Offering Memorandum in connection with the offer and sale of the Refunding Bonds. The Limited Offering Memorandum is the sole material consented to by the City for use in connection with the offer and sale of the Refunding Bonds. 10.Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent or employee of the City in that person's individual capacity, and neither the City Council nor any officer or employee executing the Refunding Bonds shall be personally liable on the Refunding Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Refunding Bonds, or in any other document relating to the Refunding Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Refunding Bonds, as provided therein. 11.Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City, any holder of the Refunding Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time of the Refunding Bonds issued under the provisions of this resolution. 12.In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 4, or of the aforementioned documents, or of the Refunding Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of RESOLUTION NO. the Refunding Bonds, but this resolution, the aforementioned documents, and the Refunding Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 13.The Refunding Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Refunding Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Refunding Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 14.Under Section 146 of the Code, the Refunding Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of the Allocation Act. The City Council hereby authorizes the submission of an application for allocation of bonding authority pursuant to Section 146 of the Code and the Allocation Act in accordance with the requirements of the Allocation Act. The Mayor of the City, the City Manager, and Bond Counsel are hereby authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to submit an application for an allocation of bonding authority to Minnesota Management & Budget. 15.The officers of the City, Bond Counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Refunding Bonds, for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Refunding Bonds, the aforementioned documents, and this resolution. If for any reason the Mayor or the City Manager is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Manager with the same force and effect as if such documents were executed and delivered by the Mayor or the City Manager. 16.The Borrower will pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Refunding Bonds, whether or not the Refunding Bonds are issued, including any costs for attorneys' fees. September 26, 2016 MayorDate 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 Noe 7a COUNCIL ITEM MEMORANDUM DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development Tim Benetti, Planning and Zoning Specialist SUBJECT: Metropolitan Airports Commission (MAC) presenting the 2035 Long-Term Comprehensive Plan (LTCP) and Airfield Improvements for the Crystal Airport Introduction: Mr. Neil Ralston, A.A.E./Airport Planner with Metropolitan Airports Commission (MAC), is requesting to present to the City of Brooklyn Center the proposed 2035 Long-Term Comprehensive Plan (LTCP) and Airfield Improvements for the Crystal Airport. Mi'. Ralston intends to provide a brief presentation highlighting the role and context of the airport; aviation activity forecasts; development concepts; and stakeholder engagement process. The presentation will also include various airfield improvements to be considered by MAC. Some of these improvements include consolidating the number of runways from four to two, and re-designating small areas of pavement at both ends of one runway as a "stop-way" for pilots who abort a takeoff. Plans also call for the removal of an existing grass runway and one paved runway, and adding new lights and other markings along runways and stop-way. The MAC will be conducting two separate public informational meetings for the general public on Tuesday, September 27th at the Crystal Coimnunity Center, and Thursday, September 29th at Brooklyn Park City Hall, from 5:00 to 7:00 both nights (see attached invite flyer). Brooklyn Center residents within the designated Airport Safety Zones A & B, and those residents within approximately one-quarter mile from the westerly city boundary line (lying north of Upper Twin Lake) were provided a US mailed delivered notice. Attached for City Council's review is a hard-copy of the MAC presentation; along with the Executive Summary (only) from the "Crystal Airport 2035 Long Term Comprehensive Plan (LTCP) - Narrative Report", dated September 12, 2016. The full (294 page) version of the 2035 LTCP can be reviewed by clicking on the attached link: http s ://metroairports.org/General- AviationlAirports/Crystal . aspx. Budget Issues: There are no budget issues to consider. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive conunilnhty that enhances the quality of life fbi all people and preserves the public trust 9/15/2016 All 2035 Long -Term Comprehensive Plan (LTCP) __ '— -rr I 26 September 2016 — Brooklyn Center City Council LTCP Overview Briefing\genda Airport Role & Context o Aviation Activity Forecasts o Development Concepts o Stakeholder Engagement & Next Steps L Crystal Airport 2035 LTCP Purpose: Update view of future facility needsL Serve as the "road map" to guide our development strategy for Crystal Airport - - - - Shape the 7-Year Capital Improvement Program (CIP) + + f 9/15/2016 Crysta l Role ° Primary Role of Crystal Airport - Integral part of the regional Reliever Airport system - Accommodates Personal, Recreational, and some Business Aviation users - Design Aircraft is and will continue to be small, propeller driven aircraft with < 10 passenger seats - Role not expected to change o Crystal Airport Context - Of Peer "Intermediate" Airports (83) - 2nd busiest for aircraft operations - 3rd highest number of based aircraft - Of All Minnesota Airports (135) - Top 10 busiest for aircraft operations & top 5 for based aircraft Actvitv Forecast Summar Crystal (MIC) Base Case Forecast Summary 1 200,000° Based Aircraft (MnDOT)t Historic .,u--re- 4-- { 160000 - 296 in 2000 30L1\ [1- 185 in 2015 200 \i I 11 - 171 estimated in 2035 ISO ISO . I 100.000 o- c Aircraft Operations60.000- - 177,000 in 2000 - 41,000 in 201502000 2005 2010 2012 2011 2000 2020 2025 1030 2035 - —40,000estimated 2035 oaA::mA:o: AoIoor::::::mr30 F000cOl ° Trend towards stabilizing -, activity ieveis r Aircraft Fleet Mix IT' + II' 2 .A.. '• /.. L[ .s:r .'/• .". 9/15/2016 Previous LTCP Alternatives Considered _______- - - ---- -- F. ______ • Previous LTCP Preferred Alternative Maintain One Pdmary and One Crosswind Runway • Previous LTCP adopted in December 2008 • Recommendation to "right size" the airfield to better align infrastructure with demand - Decommission turf (6R-24L) and south parallel (14R-32L)runways - Leaves a two-runway system in place - Opportunity to eliminate most or all airfield "Hot Spots" - Open up Aeronautical & Non-Aeronautical developmentopportunities + 4, I + -.+•- oi 3 9/15/2016 LT CP Conc e pt Being Considered . IMF 1.•..& 1\ Utfilty runway mkf designation It MIR Allows use of smaller Runway Protection Zonesfc '.,,,(RPZ5) ° Reduces number of homes in the RPZs Published runway strength = 12,500 pounds LTCP Concept Refinements Bei n g Con si dered Convert RWY 14-32 Overruns to Stopways /L H I -• ,- -.--.--,-.--'- -. -c r : LIIL ------------- ----------------------------I:T • No change to runway ends or thresholds • Requires Stopway lighting • Requires additional safety area grading off ends • Provides for 3,800 feet - Accelerate-Stop Distance FMAC Ici ri 9/15/2016 LTCP Concept Refinements Being Considered - 0 Convert RWY 14-32 Overruns to Runway L ' Changes runway ends . / L L / Requires taxiway extensions I L. - Provides for 4,300 feet Accelerate-Stop Distance -L:s NJ Potential to attract larger-L-- --U- I aircrafti I Increases community noise exposure by moving takeoffs I closer to homes INT - I- - ---- - Not carried forward as the Preferred Alternative Draft 2035 LTCP Preferred Alternative o Two-runway system from 2025 LTCP o Utility Runway designations o Convert RWY 14-32 paved overruns to stopways 0 Taxiway configuration changes o Additional LNAV non-precision instrument approach if feasible •0 MAC: 5 9/15/2016 Stakeholder & Pubhc Engagement CRYSTAL AIRPORT G STAFF pLtlMmG AND DEVELOPMENT PROCESS - -. .--- ttW} o Formal Public Review Period - 45-day review pet iod (September 12— October 26, 2016) - Public notice in Sun Post - Information posted on MAC website (Crystal Airport page) https://metroairports.or/General-Aviation/Airports/Cmvstal.aspx - Public Information Meetings - Tuesday, September 27 @ Crystal Community Center (5-7pm) - Thursday, September 29 @ Brooklyn Park City Hall (5-7pm) - Postcard invitation to airport neighbors - Opportunity to submit written comments - At public information meetings, via email, or traditional mail Crystal-Airport-LTCP-Comments@mspmac.org o MAC Board Approval to Submit to Metropolitan Council o Metropolitan Council Review o Final MAC Board Adoption Environmental & Airport Layout Plan (ALP) Than you -. 4- .w o *'r—iL El! -____ I pyo t_s Si, - + (4iØ + c 0 + + 00 Al 4,npO Narrative Report Released for Public Review September 12, 2016 Crystal Airport 2035 LTCP Metropolitan Airports Commission ES EXECUTIVE SUMMARY [*w.Iai1I]I1ULsu[i]i Crystal Airport is one of seven airports owned and operated by the Metropolitan Airports Commission (MAC). The airport is located in Hennepin County, approximately seven miles northwest of downtown Minneapolis. It lies within the City of Crystal, with small portions of airport property overlapping into the City of Brooklyn Park and the City of Brooklyn Center. The Airport plays an important role in the MAC system of airports by attracting general aviation traffic away from Minneapolis-St Paul International Airport (MSP) to relieve congestion, which helps reduce operating costs and promotes sustainability. Crystal is the closest MAC airport to downtown Minneapolis. During 2015, Crystal Airport had approximately 185 based aircraft and accommodated approximately 40,000 aircraft operations (takeoffs and landings). It encompasses 436 acres of land and has four runways - three paved and one turf. The primary runways, 14L-32R and 14R-32L, are 3,267 feet and 3,266 feet long, respectively, and both are 75 feet wide. The paved crosswind runway, 06L-24R, is 2,499 feet long and 75 feet wide. The turf runway, 06R-24L, is 2,123 feet long and 137 feet wide 1 . The existing airport layout is depicted in Figure ES-I. The most recent Long-Term Comprehensive Plan (LTCP) for Crystal Airport prepared by the MAC and approved by the Metropolitan Council is dated December 2008, with a planning horizon year of 2025 ("2025 LTCP'). The 2025 LTCP recommended a plan to "right-size" the airfield to better align airport infrastructure and complexity with activity levels To do this, the preferred alternative in the plan is to decommission both the turf runway (06R-24L) and south parallel runway (14R-32L), leaving a two-runway system in place. This plan not only simplifies the airfield, but opens up some property for both aeronautical and non-aeronautical development opportunities. The purpose of the Crystal Airport 2035 Long-Term Comprehensive Plan is to validate and refresh the findings of the previous 2025 LTCP, and to extend the planning horizon for an additional ten years through 2035. The LTCP is an infrastructure planning tool updated on a regular basis. It is forward- looking in nature, and does not authorize actual construction. The 2035 Crystal Airport LTCP aims to: o Right-size the airfield to match existing and forecasted activity levels; o Preserve and, if possible, improve operational capabilities for the current family of aircraft using the facility; and o Enhance safety by simplifying the runway and taxiway layout. The plan will provide a "road map" to guide MAC's development strategy and capital improvements planning for Crystal Airport over the next 5-10 years by renewing aviation Turf Runway 06R-24L is open seasonally from May through October. Crystal Airport 2035 LTCP Metropolitan Airports Commission activity forecasts, confirming facility needs and refining alternatives identified from the previous LTCP to meet those needs. I**KqI ;1s] z I ;(.] I: Operating within a diverse system of metropolitan area airports, Crystal Airport's primary role is to serve personal, recreational, and some business aviation users in the northwest metropolitan area, including the cities of Crystal, Brooklyn Park, Brooklyn Center, and Minneapolis. Example business services include flight training, aircraft rentals, charter flights, aircraft and propeller maintenance, sale of aircraft avionics and parts, and medical flight transportation. The primary role of Crystal Airport is not expected to change during the planning period. The Airport's classification will continue to be that of: A Complimentary Reliever in the Metropolitan Airports Commission (MAC) system; o An Intermediate Airport per Minnesota Department of Transportation/Office of Aeronautics (MnDOT); and • A Minor Airport per the Metropolitan Council Regional Aviation System Plan. The aircraft mainly anticipated to use Crystal Airport - and that which it is designed for - will continue to be a family of small, p rope llerdriven airplanes with fewer than 10 passenger seats. The proposed plan does not contemplate upgrading the role of Crystal Airport to accommodate a larger aircraft family or scheduled passenger or cargo flights. Nor does the plan contemplate downgrading the role of Crystal Airport. Crystal Airport 2035 LTCP Metropolitan Airports Commission ( Figure ES-I Existing Airport Layout • ' Airport Property Line 63rd Ave N 71-i Building Area \ / 14L Paved -- MAC Wildlife \24R Overruns : '' l- 4L - - i Conservation Area Building Area; East L Building Area - - i South 32R Building Area \ I32\\ \4 LEGEND . ..- -.4 Airport Property Urre AOA Fejxe LBass Lae Rd. Runway Protediofl Zone .-ç. HIM Railroad .-.,. I f I )( . ..&. - -- - Wetlands - .1 [1 Facility flenioved . Pavement Pemoved . NORTii 0 1 COO It Crystal Airport 2035 LTCP Metropolitan Airports Commission L*U .] Aviation activity forecasts were prepared for both based aircraft and total aircraft operations. The forecast calculations take into account assumptions relating to the economy, fuel costs, aircraft ownership trends, general aviation fleet trends, and general aviation taxes and fees. The forecast assumes reasonable growth in all of these categories. Along with a Base Case forecast, a range of scenarios to identify the potential upper and lower bounds of future activity levels at Crystal Airport was developed. These scenarios used the same forecast approach that was used in the Base Case, but alter the assumptions related to socioeconomic conditions to reflect either a more aggressive or more conservative outlook. Subsequent to the preparation of the high and low forecast scenarios, an additional scenario was developed to evaluate the potential impact associated with designating the existing overrun pavement areas beyond each end of Runway 14L-32R as stopways. Pavement designated as stopway can be considered as useable length for decelerating an aircraft during an aborted takeoff. In the stopway scenario, the number of additional aircraft operations above the base case is approximately 230 annually, translating to just over four additional takeoffs and landings per week. Of the additional operations, the majority are expected to be turboprops (approximately three-quarters), with the remaining increase coming from small jets. All other forecast assumptions are the same as in the base case. Table ES-1 compares the total number of aircraft and operations under different scenarios for Crystal Airport, along with the Terminal Area Forecast (TAF) prepared by the Federal Aviation Administration (FAA) iv 2015 (a) 2020 2025 177 184 169 2030 171 183 162 Base High Low Base High Low Stopway 2015 Case Range Range Case Range Range Scenario TAF 185 185 185 41,838 41,838 41,838 41,838 38,917 180 184 177 39,495 40,389 38,818 39,652 39,158 39,025 40,589 37,232 39,196 39,739 38,578 41,322 36,455 38,774 40,330 2035 171 187 158 39,904 43,507 36,732 40,135 40,931 Average Annual Growth Rate -0.4% 0.1% -0.8% -0.2% 0.2% -0.6% -0.2% 0.3% Notes: a) 2015 operations represent twelve months ending June 2015 and includes an estimate of nighttime activity. CY201 5 tower count was 39,659 with no nighttime adjustment. Source: HNTB Activity Forecasts Recent activity levels at Crystal Airport indicate that levels of based aircraft and aircraft operations have largely stabilized since 2010 after steady decreases in the 1990 to 2010 timeframe. Based on the economic outlook for both Hennepin County and the Seven- County Metropolitan Area, along with projected trends for General Aviation flying, the forecasts predict a period of stable activity levels for Crystal Airport. If current activity levels are maintained, Crystal Airport will continue to be one of the busiest airports in the state and an important component of the regional airport system. The forecast scenarios indicate that future economic growth, fuel prices, technology, and national aviation policy may have a major impact on the development of general aviation. Absent major changes in the economy or aviation industry, small fluctuations - particularly within the developed range of scenarios - should not be construed as indicating the forecast is off course. Minor fluctuations in activity levels above or below the long-term forecast will not affect the overall recommendations of the LTCP, however, these fluctuations may require minor adjustments to the phasing of proposed improvements. V Crystal Airport 2035 LTCP Metropolitan Airports Commission ES4 FACILITY REQUIREMENTS Airside Facilities Based on the aviation activity forecasts, the future critical design aircraft for Crystal Airport will continue to be represented by the family of propeller-driven aircraft with fewer than 10 passengerseats. This family of aircraft includes a diverse range of equipment types, ranging from small single-engine piston aircraft used primarily for recreational and personal flying up to larger single and twin-engine turboprop aircraft that are used more predominantly for business. Typical aircraft in the latter category include the single- engine turboprop Pilatus PC-12 and the twin-engine turboprop Beechcraft King Air 200. Since the airport predominantly serves small airplanes (an airplane of 12,500 pounds or less maximum certificated takeoff weight), the runway designations at Crystal Airport should be those associated with small aircraft. Although aircraft with a maximum gross takeoff weight of greater than 12,500 pounds can and do occasionally use Crystal Airport (such as the Beechcraft King Air 350 turboprop), the total is well below the regular use threshold (500 operations per year) due to runway length limitations. The existing runway designations are for aircraft with a maximum gross takeoff weight of greater than 12,500 pounds. The design objective for the primary runway is to provide a runway length that will not result in operational weight restrictions for the design family of aircraft. Based on runway length guidance provided by the Federal Aviation Administration (FAA), the appropriate runway length at the Crystal Airport should be between 3,300 feet (to accommodate most of the aircraft types in this family, or 95% of the fleet) and 3,900 feet (to accommodate all types in the family, or 100% of the fleet). While the guidance from the FAA serves as a good baseline, more detailed information related to runway length requirements can be derived from manufacturer performance charts published for specific aircraft types Based on a comprehensive assessment of runway length requirements for several representative aircraft types in the design aircraft family for Crystal Airport, a suitable runway length was determined to be 3,600 feet. This length fits into the range predicted by the FAA and will accommodate the majority of small turboprop and multi-engine piston aircraft departing at an operationally-feasible weight. Ideally, the entire runway length would be available to accommodate all takeoff and landing distance categories (takeoff run available, takeoff distance available, accelerate- stop distance, and landing distance available). However, for the designated critical aircraft family, accelerate-stop distance (ASDA) typically emerges as the most critical (longest) length requirement to consider. Thus, at a minimum, the preferred concept should seek to provide at least 3,600 feet of accelerate-stop distance. The crosswind runways at Crystal Airport accommodate the lower crosswind capable light single-engine aircraft used primarily for personal, recreational, and flight training activities. Wind analysis indicates that the primary Runway 14-32 alignment provides the desired level of wind coverage during most, but not all, weather conditions. The crosswind Runway 06-24 alignment offers supplemental wind coverage so that the total runway system provides nearly 100 percent wind coverage in all conditions. The wind data also suggests that the strongest winds experienced at Crystal Airport frequently come from a vi A ir ports Co mmissi o nCrystal Airport 2035 LTCP Metropolitan southwesterly direction. Runway 24 is particularly well aligned to accommodate aircraft operations during these high-wind conditions; furthermore, it is the only runway with a southwest/northeast orientation in the west metropolitan area to provide this wind coverage. At 2,500 feet, the paved crosswind runway 06L-24R is short by modern standards. However, due to constraints and obstacles at both ends of the runway, providing additional length is not feasible. The number of aircraft operations on turf Runway 06R-24L have been declining in recent years. Manual counts taken during June through August of 2015 by ATCT controllers suggest that there were approximately two (2) average daily operations on this runway (one takeoff and landing cycle). While the turf runway may represent a nice-to-have amenity at an urban Reliever airport, there is no known aircraft type using the airport on a regular basis that cannot operate safely on the adjacent paved runway. Given the aging condition of the turf runway and the added complexity that it adds to the airfield configuration, maintaining Runway 06R/24L is not considered to be essential to the viability of Crystal Airport. Development of a new, non-precision GPS-type instrument approach procedure for the existing Runway 32R end would enhance the operational capabilities of the airport. Planning for the establishment of this non-precision approaches is recommended for consideration, if feasible. LandsideFacilitiesAccording to the Base Case forecast results, the number of based aircraft is anticipated nd then stabilize. By 2035, the number of based aircraftto decline slightly through 2030 a is forecasted to be 171 aircraft. At first glance, it appears that only a portion of the available hangar capacity at Crystal Airport will be filled by 2035 However, some of the available hangar stall inventory is currently leased by airport tenants to support aviation business activities other than aircraft storage. Secondly, reasonable enforcement of MAC's Maintenance Standards Ordinance in the future may result in some of the existing hangar inventory being removed. Lastly, there could be demand for construction of certain hangar types and/or sizes that are not currently available. Therefore, areas to accommodate the construction of new hangars should be considered in the plan. It is important to note that including additional hangar space in this LTCP is not a commitment to build or fund such a development. Rather, it is simply ensuring that should the indicated immediate demand lead to an actual hangar construction project, an appropriate place for them is shown in this plan and subsequent Airport Layout Plan (ALP). Several former FBO facilities still exist at Crystal Airport, although they are currently leased to tenants who are using them for other purposes. Should demand ever warrant additional services, one or more of these facilities could be converted back to FBO use. However, the updated forecasts do not suggest that existing or anticipated future demand levels are sufficient to support more than one full-service FBO facility at Crystal Airport. The existing Thunderbird Aviation FBO apron is relatively small, constrained, and operationally inefficient. An expansion to improve aircraft circulation patterns and the vii Crystal Airport 2035 LTCP Metropolitan Airports Commission number of tie-down locations should be considered by the tenant if the turf runway is decommissioned. The existing MAC Maintenance facilities are in good condition and provide adequate capacity to accommodate newer-generation snow removal equipment that in many cases are longer and taller than older models. An enclosed materials storage facility is programmed to be constructed to store sand and other solid materials. Finally, an area should be identified to accommodate a future self-service fuel dispensing facility should this service not be provided by an FBO and deemed appropriate by MAC. The 2025 LTCP considered numerous concepts related to the number of runways to retain at Crystal Airport, as follows: Keep all four existing runways/ No Build; • Maintain two parallel runways and close the two crosswind runways; • Maintain just one primary runway; • Maintain one primary runway and one crosswind runway; • Maintain two parallel runways and only one crosswind runway; • Extend the primary runway 14L-32R by 990 feet using declared distances; • Maintain one runway and reduce its length to 2,500 feet; and • Airport Closure. After reviewing all of the concepts, costs, benefits and negative considerations, the 2025 LTCP for MIC was finalized in December 2008 and recommended that the airfield be "right-sized" to match infrastructure with activity levels As illustrated in Figure ES-2, the preferred alternative in the plan is to decommission both the turf (06R-24L) and south parallel (14R-32L) runways, leaving a two-runway system in place. The existing south parallel taxiway will then be converted to a full-length parallel taxiway. This plan not only simplifies the airfield, but opens up some property for both aeronautical and non- aeronautical development opportunities. This alternative provides the best environment for airport users operationally, provides for the maximum wind coverage, and maintains a more balanced noise contour. Due to the thorough nature of the alternatives analysis completed in the previous LTCP, it will not be repeated in this document. The recommendation from the previous LTCP will be carried forward into the 2035 LTCP. The focus of this chapter will be to identify possible refinements to the preferred alternative from the previous LTCP. Refinements considered during this planning cycle include the following: Runway Designation/Runway Protection Zones A total of 36 off-airport residential parcels are wholly or partially contained in the existing Runway Protection Zones (RPZs) at Crystal Airport. In addition, public roadways traverse the RPZs for Runways 06L-06R (County Road 81/Bottineau Boulevard) and Runways viii Crystal Airport 2035 LTCP Metropolitan Airports Commission 14L/14R (Douglas Drive). A freight rail line also runs through the Runways 06L and 06R RPZs. Implementation of the previous LTCP preferred development alternative would reduce incompatible RPZ land uses by decommissioning Runways 14L-32R and 6R/24L, but would not improve RPZ compatibility off the remaining runway ends. The FAA has designated lesser RPZ dimensions for runways designed to be used regularly by small aircraft with maximum certificated takeoff weights of 12,500 pounds or less (Utility Runway category). The existing and future critical aircraft expected to use Crystal Airport on a regular basis are those that have a maximum certificated gross takeoff weight of less than 12,500 pounds. Therefore, it is appropriate to use small aircraft design standards and designate the runways at Crystal Airport as Utility category. This designation allows the use of smaller-dimension RPZs than shown in the previous plan. If the previous LTCP preferred development alternative is combined with the smaller- dimension RPZs, the Runway 14R RPZ will only impact a portion of one residential parcel and does not include any residential dwellings. A non-public airport access roadway will continue to traverse the Runway 14R RPZ as well, but this road is access controlled such that it only accommodates airport-related traffic. The Runway 14L RPZ will contain approximately 150 linear feet of Douglas Drive. Douglas Drive, however, is a low volume, local roadway. Thus, the probability of an airplane accident within the outer edge of the RPZ where the road is located, when a vehicle is present is very low. Realignment of the road outside of the RPZ is not a viable option given the location of existing residential development and adjacent transportation corridors immediately west of the airport, including Bottineau Boulevard, Lakeland Avenue, a freight rail line, and the planned Bottineau Light Rail Transit Line In 2016, FAA reviewed this condition and concurred that Douglas Drive does not need to be realigned outside of the RPZ. Also, reverting to the smaller RPZs results in larger parcels of land becoming available for aeronautical or non-aeronautical development, particularly on the existing Runway 06L end adjacent to County Road 81/BottineaU Boulevard. Con vert ExistincLPaVed Overruns to Stopways The existing Runway 14L and 32R ends feature a paved overrun 2 . As currently designated, these paved overruns are not considered to be useable pavement when calculating aircraft takeoff or landing distances. However, pavement designated as stopway can be considered as useable length for decelerating an aircraft during an aborted takeoff. Stopway pavement can be used for accelerate-stop distance calculations, but not for other takeoff or landing distance calculations. Designating stopways for Runway 14L-32R may allow some aircraft to depart at a higher takeoff weight when accelerate-stop distance is a limiting factor, and will promote safety by formally making this pavement available for use in the event of an aborted takeoff attempt. Stopways do not change the published runway length, nor are they intended to attract aircraft types different than those operating at the airport today. However, the 2 The Runway 14L paved overrun is 493 feet long, while the Runway 32R paved overrun is 500 feet long.ix Crystal Airport 2035 LTCP Metropolitan Airports Commission availability of stopways may result in a small increase in aircraft operations from some users who find the existing runway length to be limiting based on accelerate-stop distance criteria. Activating the stopways will include the addition of stopway edge lighting (red unidirectional lights), relocating the existing runway threshold lights to be outboard of the pavement footprint, and grading the Runway Safety Area (RSA) beyond the stopway ends. The Stopway Conversion concept is shown in Figure ES-3. Convert Paved Overruns to Runway with Displaced Thresholds Another concept evaluated for the 2035 LTCP considers the impacts of converting the paved overruns on each end of Runway 14L-32R to usable runway pavement for use by aircraft beginning the takeoff roll or completing the landing rollout, along with displaced landing thresholds to improve Runway Protection Zone (RPZ) compatible land use compliance. Taxiway extensions would be added to the ends of the existing overrun pavement to make it accessible for aircraft taking off and landing. Declared distances would be applied and published, which increases the accelerate-stop distance (ASDA) to approximately 4,300 feet and also increases the takeoff distance available (TODA), landing distance available (LDA), and takeoff run available (TRA). The Runway Conversion concept is shown in Figure ES-4. Although this concept maximizes the operational capabilities of the existing airport footprint, the potential for the improved airfield to attract aircraft types larger than the targeted design aircraft family, specifically those with a maximum certificated takeoff weight greater than 12,500 pounds - and thus change the role of the airport is too great Further, the additional development cost associated with implementing this concept is not considered to be warranted, given that the less costly stopway concept can accomplish the objective of providing additional accelerate-stop distance. Although this concept does result in the Runway 14L-32R RPZs shifting fully onto airport property, FAA has determined that the existing incompatible land uses are minimal in nature from a risk standpoint and do not require mitigation Finally, the full application of declared distances for all takeoff and landing operations appears to be an unnecessary complication factor for pilots. For the reasons outlined above, the Runway Conversion concept is not identified as the Preferred Alternative in the Draft 2035 LTCP. Taxiway Configuration The 2025 LTCP Preferred Alternative contemplated converting the existing Runway 14R- 32L pavement into a full-length 40-foot wide parallel taxiway, but did not suggest any other taxiway configuration changes. For the 2035 LTCP, the following taxiway changes are being considered: o Convert existing Taxiway E into an apron-edge taxilane. This will provide additional useable apron frontage due to the less-demanding object free area. o Removing the section of existing Taxiway E between Taxiway A and Taxiway B that crosses Runway 06L-24R. This section of pavement will be redundant x Crystal Airport 2035 LTCP Metropolitan Airports Commission with the full-length parallel taxiway in place, and removing it will eliminate a runway crossing where incursions may occur. • Remove the section of existing Taxiway E3 between Runway 14L-32R and the future parallel taxiway (existing Runway 14R-32L). This will eliminate an instance where a taxiway leads directly from an apron to a runway. • Remove the section of existing Taxiway E2 between Taxiway/Taxilane E and the future parallel taxiway (existing Runway 14R-32L). This will eliminate another instance where a taxiway leads directly from an apron to a taxiway. • Extend Taxiway B between TaxiwaylTaxilane E and the future parallel taxiway (existing Runway 14R-32L). • Install lighting on the future parallel taxiway (existing Runway 14R-32L) to promote situational awareness during low-visibility conditions In addition, the installation of runway guard lights, enhanced centerline markings, and/or surface painted markings at select locations may help to further mitigate the risk of incursions. These taxiway improvements are depicted on Figure ES-5. 2035 LTCP Preferred Alternative Summary The 2035 LTCP Preferred Alternative for airfield improvements at Crystal Airport includes the following items: o Items from the 2025 LTCP Preferred Alternative • Decommission existing Runways 14R-32L and 06R-24L (turf) to reduce airfield complexity and increase safety, • Convert existing Runway 14L-32R into a full-length parallel taxiway and add taxiway lights; • Preserve areas for future hangar development should demand arise, and • Identify parcels for possible conversion to non-aeronautical revenue generating land uses. • Refinements included in the 2035 LTCP Preferred Alternative • Update the runway designation to Utility and use small aircraft design standards to reduce RPZ dimensions; • Convert existing paved overruns on Runway 14L-32R to stopways, including edge lighting and additional Runway Safety Area (RSA) grading; • Taxiway configuration changes as described above; • Expand the FBO apron; • Preserve areas for future hangar development; and o Pursue the establishment of a new non-precision instrument approach to the Runway 32 end, if feasible. The improvements associated with the 2035 LTCP Preferred Alternative are shown on Figure ES-5. A Crystal Airport 2035 LTCP Metropolitan Airports Commission Figure ES-2: 2025 LTCP Preferred Development Alternative .',. i' Ii cI \ •1 •1 \\\\ !r . FE 7 tI \\\\ I •,, I \ A LEGEND: - EXISTING AIRPORT PROPERTY ., RUNWAY PROTECTION ZONE xii 0 ci)(I) EE0C) (I) 0 I- a) 0 0 a) a) a) 0 U, 0 a) a) 0 a) a) >0M re C)> 00 C? w CD2. 11Is I- CC" -4-0- C0. + 0 'S 1 e II I I AM.L2II8I. I t !20 Ii_.I003_ !I,_I/0 8 "Ia i 0>II 0 \23 I'I 1><II21ll4'cJ I.) 'k I bLL V 4;i S 00 0.0 a, d' g 4 '' 2,, 9 I It.2 I / Hmc 2 I' LU S..15 -j ii: 0) / N0 ''S 0< 0. gj t4 p n El0 0 00 00 4 0 0< >< L / -, I - / ac6 0 U)Cl) EE00 U)C [I C C C C C C >x <-- 1L jL_Lj ..> I 11 - _____ - 1 I r\J I I > HI ^Iz/3 MU I _____ =s 4o 1111 2 : N-\ 'i I I' .-•- U - - ItI t'I J --L------T r - - TWYddiJ l LJ IL g 1' I 4I 0ir- t-i( t.. f. U) 0 ci: LU LI— 0I--j CO Cl)CDN 0 U)> 0 0) = LU 'U ' <o9 Crystal Airport 2035 LTCP Metropolitan Airports Commission Figure ES5: 2035 LTCP Preferred Alternative Overview <Utility RPZUtility \// \\ RPZ 4 / Stopway 2 N 7 sk\ K Apron /Expansion (- 4. LEGEND ABREVT1ON5 ADG AirrftDegflGreUp --/Deeeiopeni Aree NOTE: Peerrrerrt to be Rerrreved 1/ Prop Cd teOlorO Pavement Reinevmd it unIes otheecose noted. L- stopway , -k- l -Fadhty - Taermvaygaoilafle Centerline - -- - - (\ -Seri- ReadjLarrdbide Access - tv ? -terre Rerrrnay Object Free Area -- - - Ronavay VTeibffiV/ Zone - -on- ArAvat ecenay Protection Zone -- Utility / - --cv- Dmpertore Rvrrrnay Pcetndbeo Zerre tootH 0 'ft RPZ- \/ xv Crystal Airport 2035 LTCP Metropolitan Airports Commission I *LU L'1 I XI.] I I k f ''] F1 I'] I [I] Prior to any construction taking place, the MAC will complete an Environmental Assessment (EA) and/or an Environmental Assessment Worksheet (EAW) in compliance with state statues and FAA requirements for utilizing Airport Improvement Program (AlP) grant funds. The primary environmental impact category associated with implementation of the 2035 LTCP Preferred Alternative is noise exposure when compared to the existing condition. Noise To evaluate potential aircraft noise impacts associated with the 2035 LTCP Preferred Development Alternative, the MAC prepared Baseline Condition noise contours for Crystal Airport, along with 2035 Preferred Alternative Condition noise contours for comparison. The contours represent noise levels, expressed in the Day-Night Average Sound Level (DNL) metric. The FAA requires the DNL noise metric for determining and analyzing noise exposure to aid in the determination of aircraft noise and land use compatibility issues around United States airports The FAA suggests three different DNL levels (65, 70, and 75 DNL) be modeled but considers the 65 dB DNL contour line as the threshold of significance for noise impact As such, sensitive land use areas (e.g., residential) around airports that are located in the 65 dB or greater DNL contours are considered by the FAA as incompatible. The Metropolitan Council suggests that the 60 DNL contour be included for airports in an urban environment and the 55 DNL in cases where airports are located outside the Metropolitan Urban Service Area (MUSA) Crystal Airport is within the MUSA, so the 60 DNL noise contour will be shown for advisory purposes In summary, when the Final 2035 Preferred Alternative Condition contours are compared to the Baseline (existing) Condition contours o For the 65 DNL contour, the acreage contained within the contour increases by 16 percent, but the contour contains three (3) fewer residential structures located adjacent to the airport's southern boundary. This change is largely due to the consolidation of flight activity on two runways instead of four in the existing condition. o For the 60 DNL contour, the acreage contained within the contour increases by 26 percent, and the contour contains 54 more residential structures, primarily located to the east of the airport. Again, this change is largely due to the consolidation of flight activity on two runways instead of four in the existing condition. Converting the existing paved overruns on Runway 14L-32R to stopways may result in a small increase in aircraft operations from some users who find the existing runway length to be limiting based on accelerate-stop distance criteria. In the stopway scenario, the number of additional aircraft operations above the base case is approximately 230 annually, translating to just over four additional takeoffs and landings per week. As a sensitivity analysis, the noise model was run for the 2035 Preferred Alternative airfield configuration both with and xvi Crystal Airport 2035 LTCP Metropolitan Airports Commission without the additional aircraft operations associated with the stopway activation. The additional operations did not have a significant impact on the size or shape of the noise contours. This is due to the relatively small number of operations, as well as the overall higher performance and noise characteristics of the types of aircraft types that would likely be attracted to the airport due to the stopways. The 2035 LTCP Preferred Alternative noise contours are shown in Figure ES-6. Other Environmental Considerations The project will have to go through an environmental review process per federal National Environmental Policy Act (NEPA) and Minnesota Environmental Policy Act (MEPA) requirements to more specifically identify the environmental footprint of the improvements before construction can begin During that process, alternatives must be reviewed and any potential impacts must be avoided if possible If impacts cannot be avoided, they must be minimized to the extent possible and mitigated in full compliance with federal and state requirements. The following impact categories will be assessed during the environmental review: • Air Quality; • Biological resources (including fish, wildlife, and plants), • Climate, • Department of Transportation Section 4(f) Properties (park and recreational lands, wildlife and waterfowl refuges, and historic sites); • Farmlands, • Hazardous materials, solid waste, and pollution prevention, • Historical, architectural, archeological, and cultural resources, • Land use, • Natural resources and energy supply, • Noise and compatible land use, • Socioeconomics, environmental justice, and children's environmental health and safety risks, • Visual effects (including light emissions), • Water resources (including wetlands, floodplains, surface waters, groundwater, and wild and scenic rivers); • Construction impacts, and • Cumulative effects. An environmental review process cannot begin until there is a sufficiently detailed plan available to evaluate. MAC envisions initiating the environmental review for the proposed Crystal Airport improvements soon after the plan is reviewed by the Metropolitan Council and formally adopted by the MAC Board. A full study of these environmental impact items at this time falls outside the scope of this long-term planning document. xvii Crystal Airport 2035 LTCP Metropolitan Airports Commission Figure ES-6: 2035 Preferred Alternative Noise Contour xviii Crystal Airport 2035 LTCP Metropolitan Airports comm i s si on ES.7 LAND USE COMPATIBILITY The proposed improvements at Crystal Airport result in changes to the noise contour (described in Section ES.6), along with the locations of the Runway Protection Zones (RPZs, described in Section ES.5) and designated land use Safety Zones. A Joint Airport Zoning Board (JAZB), including the Cities of Crystal, Brooklyn Park, Brooklyn Center, New Hope, Minneapolis, Robbinsdale and the Metropolitan Airports Commission, adopted an airport zoning ordinance in December 1983. The purpose of the ordinance is to protect against the construction of structures that will interfere with the operations at the airport. Although a number of homes are located within the designated safety zones, these areas were accepted as "established residential neighborhoods in built-up urban areas." Upon adoption of the zoning ordinance by the JAZB, it was the responsibility of each individual city to adopt the ordinance and conform their zoning to the ordinance requirements. According to the City of Crystal's current Comprehensive Plan, the airport zoning regulations were adopted by the City in 1983 and one of the City's aviation policies is to continue to protect airspace in accordance with the Joint Airport Zoning Ordinance. The Airport Zoning Ordinance for Crystal Airport establishes Safety Zones A, B, and C. The length of Safety Zone A is 2/3 of the total runway length, while Safety Zone B is 1/3 of the total runway length and extends from Zone A. Safety Zone C is a horizontal plane established 150 feet above the airport elevation for a specified distance from each runway end. For this report, the existing size and shape of Safety Zones A and B from the Crystal Airport Zoning Ordinance were used for the purpose of analyzing land use compatibility. The sizes, shapes and/or locations of these zones may be revised by the JAZB during an update of the Airport Zoning Ordinance for Crystal Airport. In summary, when the 2035 Preferred Alternative Condition is compared to the Baseline Condition from a land use compatibility perspective: The Baseline Condition RPZs have 9.6 acres off airport property, while 4.2 acres are off airport property in the 2035 Preferred Alternative Condition - a reduction of 5.4 acres. The Baseline Condition Safety Zones have 169.0 acres off airport property, while 84.7 acres are off airport property in 2035 Preferred Alternative Condition a reduction of 84.3 acres. With the exception of seven (7) residential structures that remain in the 65 DNL noise contour, existing land uses around Crystal Airport are compatible with the Baseline and 2035 Preferred Alternative Condition and resultant airport operations considering airport noise impacts as outlined in the FAA land use guidelines. Additionally, there are 177 residential structures in the 2035 Preferred Alternative Condition 60 DNL noise contour. Per the Metropolitan Council land use guidelines, new residential developments in the 60 DNL noise contour are considered incompatible and in cases of infill are considered xix Crystal Airport 2035 LTCP Metropolitan Airports Commission conditional which, if allowed, must meet certain structural performance standards. Figure ES-7 shows the 2035 Preferred Alternative RPZs, Safety Zones, and noise contours projected over planned future land use data. xx Crystal Airport 2035 LTCP Metropolitan Airports Commission Figure ES - 7: 2035 Preferred Alternative RPZs Safety Zones, and Noise Contours B roo klynBrooklyn erPark I cent DN N___ I 'p 1 \. I750NL Ar nNI 6ODNL _- N -- I I / Li rom the 1983tnJsSafetyLZàne?ãie?ta!AirpotZOfliflg,Ordl9aflGëH The sizes, shapes and/or location ^ ofrthese'ioñiiiäy bire,i.'ed by the Joint Airport Zoning Board Airport Zoning Ordinance. Lfl{\ 60 DNL contours shown for inforrnatioalpOSeSOfllY. \\ Preferred Alternative Condition 1 •1 2035 Preferred Alternative Noise Contours LiJ Multifamily Residential 1H Open Space or Restrictive Use EJ Runway Protection Zones Lii. Commercial Rights-of-Way (i.e., Roads) Safety Zones - Industrial LIII Railway (inc. LRT) PlannedLandtJse [j Institutional Airport N Agricultural Mixed Use Vacant or Unknown Rural or Large-Lot Residential Multi-Optional Development Open Water 0.1 Single Family Residential IIi]Park and Recreation I i Miles XXI Crystal Airport 2035 LTCP Metropolitan Airports Commission The LTCP is a planning document and does not authorize construction. Adoption of the LTCP is simply the first step in the project implementation process. Before any construction can begin, the project(s) must first be depicted on an FAA-approved Airport Layout Plan (ALP), evaluated via an environmental review process, and then compete for funding through FAA and/or State grant programs. Once funding is secured, final project engineering and design will take approximately one year to complete with contractor bidding and construction following thereafter. Near-Term Development encompasses the project elements necessary to decommission Runways 14R-32L and turf Runway 6R-24L, convert existing Runway 14R-32L into a full- length parallel taxiway, and convert the existing paved overruns at the ends of Runway 14L-32R into stopways, including edge lighting and safety area grading It is anticipated that this development may occur within the next 5 years Mid to Long-Term Development involves miscellaneous improvements to expand the FBO apron (by the tenant), install a self-fueling facility if this service is not provided by an FBO, and ongoing obstacle removal projects. It is anticipated that this development may occur in the 6-20 year timeframe. Project cost estimates for the Preferred Alternative are summarized in Table ES-2 Figure ES-8 illustrates the next steps for the planning and project implementation process, including at what points additional approvals are needed and at what points public feedback will be solicited. xxii Crystal Airport 2035 LTCP Metropolitan AP9 Table ES-2: Preferred Alternative Cost Estimates Estimated Item # Project Element Os Near-Term Development (Plan Years I - 5) I Decommission Runways & Convert RWY 14R-32L into Taxiway (w/MITL) $1,800,000 2 Convert RWY 14L-32R Paved Overruns into Stopways (Lighting & Grading) $200,000 3 Other Taxiway Improvements $300,000 Near-Term Development Total: $2,300,000 Mid/Long-Term Development (Plan Years 6 - 20) 4 Expand FBO Apron (Tenant Cost) 5 Hangar Development (Tenant Cost) 6 Install Self-Service Fueling Facility $100,000 7 Hangar Removal(s)$400,000 8 Obstacle Removal $300,000 Mid/Long-Term Development Total:$800,000 Total Development Cost: $3,100,000 Notes: cost estimates reflect 2016 pricing and include engineering costs and contingencies. Source: SEH and MAC cost estimates NonAeron2u_ticLI.afld Use Areas Available ofl Airport Prol2ety MAC continues to analyze the potential for non-aeronautical revenue-generating development at Crystal Airport and all of its Reliever Airports. Any parcels reviewed by the MAC at the Crystal Airport will be compatible with ongoing airport operations and the MAC will work with the surrounding communities to ensure proper zoning exists Reducing the RPZ dimensions for the remaining runways based on small aircraft design/Utility runway standards will only increase this potential. All airport property is currently zoned according to the adjacent cities as "Airport" land with no other noted land use. If MAC pursues non-aeronautical development, discussions will be initiated with the cities to discuss the potential uses and how the cities feel the parcels could best be utilized If a modification is required for zoning, MAC will work with the cities to make changes as appropriate. The development of non-aeronautical uses will not only benefit MAC, but it will also generate a tax base for the local municipality in which the parcel lies, as well as address some of the aesthetic issues with some hangars at the airport. xxiii Crystal Airport 2035 LTCP Metropolitan Airports Commission Figure S7: Planning and Project Implementation Process CRYSTAL AIRPORT MAC STAFF PLANNING AND DEVELOPMENT PROCESS Research & study refinements to previous plan recommendations Engage MAC board, municipal staff & other key stakeholders Draft report with alternatives including a proposed alternative Request formal MAC board approval to publish draft report for public comment Comment on draft report & proposed preferred alternative 4 MAC STAFF Incorporate public comments & present final LTCP to MAC board for approval — IMAc aaAllhI?I Prepare draft environmental review documents per state & FAA requirements Establish Joint Airport Zoning Beard with focalMAC STAFF governments to update existing airport zoning & AGENCIES Prepare & submit Airport Layout Plants the FAA for review & approval METROPOLITANCOUNCIL For reviews P1 IE IC Comment on draft environmental Finalize environmental review documents & submit to& zoning documents MAC STAFF State & FAA for approvals & AGENCIES Local governments and adjacent Project funding programmed communities review & comment on Develop final funding plan & requestby FA&IMnDOT MAC annual Capital Improvement MAC STAFF federal/state grant funds for project(s)Program &AG8fCIES - Begin engineering & architectural designs MAC STAFF Request approval from MAC board to proceed with bidding projects - CONSTRUCTION BEGINS xxiv Crystal Airport 2035 LTCP Metropolitan Airports Commission In order to fulfill the Guiding Principle related to Stakeholder and Community Engagement, a series of meetings will be conducted throughout the development of the 2035 LTCP for Crystal Airport. Initial stakeholder outreach efforts have involved meeting with partner agencies, municipal representatives, and airport tenants before the draft LTCP report was finalized in order to provide information about the plan's purpose, process, preliminary findings, and timeline. Initial stakeholder outreach meetings are listed in Table ES-3. Table ES-3: Initial Stakeholder Engagement Meetings Audience Materials Covered Date Location FAA, MnDOT, Met Council LTCP Process, Review of Alternatives,5/24/2016 FAAPreliminary Findings Pilot Group Meeting LTCP Process, Review of Alternatives,6/8/2016 Airport Preliminary Findings MAC Reliever Advisory LTCP Process, Review of Alternatives,6/14/2016 MAC Council Preliminary Findings FAA LTCP Status Update 6/29/2016 FAA Municipal Planners (Cities,LTCP Process, Review of Alternatives,7/15/2016 Crystal City County)Preliminary Findings Hall MAC PD&E Committee LTCP Process, Review of Alternatives,8/1/2016 MACPreliminary Findings Pilot Group/Tenant Meeting LTCP Process, Review of Alternatives,9/6/2016 AirportPreliminary Findings Crystal City Council LTCP Overview 9/812016 Crystal City Hall The second phase will consist of the formal public review period after the draft plan has been completed and the MAC Board has approved it for public distribution. This public review period will include a 45-day written comment period with two public information meetings scheduled during this timeframe. The third phase will occur after the public comment period closes. During this time, public feedback will be considered and incorporated into the plan as appropriate. The end result will be a final draft LTCP for Commission adoption and Metropolitan Council formal review. During this time, stakeholder outreach will continue to occur on an as-needed basis. xxv Airports commission to seek public input on planned Crystal Airport changes Page 1 of 2 Community & People Government Airports commission to seek public input on planned Crystal Airport changes Published August 16, 2016 at 8:34 am By Joe Bowen Commissioners are considering consolidating to two runways West Metro residents will have the opportunity this fall to give input on plans to "rightsize" the Crystal Airport. The Metropolitan Airports Commission is planning a public comment period for changes to the airport, which is along County Road 81 in northern Crystal. The changes include consolidating the number of runways from four to two and redesignating patches of pavement at both ends of one runway as a "stopway" for pilots who abort their takeoffs. A rarely-used grass runway and one paved runway would be removed, and lights and other markings would be added to the stopway.Airport Planner Neil Ralston said the airport has a relatively complex runway and taxiway system and that the Federal Aviation Administration has emphasized simplifying airport geometry and layout to improve safety. The commission's comprehensive plan predicts about the same amount of activity at the airport and commission staff felt some of the airport infrastructure was unnecessary. The grass runway gets used less than once per day. The changes are not intended to accommodate larger aircraft, Ralston said, but the new stopway could allow planes with heavier payloads. The commission expects the Crystal Airport to remain in operation and for its role to stay the same. Commission staff predict stable activity levels at the airport, which is the base for 180 aircraft and where propeller-driven, 10-seat or smaller planes perform more than 40,000 takeoffs or landings each year. "That's what we have up there today, and that's what we're going to have up there for the foreseeable future," Ralston said. The airport is one of the busiest of its size in Airports commission to seek public input on planned Crystal Airport changes I Page 2 of 2 Minnesota, Ralston said. Statewide, Crystal is the base for the second-most aircraft and has the third-most takeoffs and landings. The comment period is part of a larger approval process for the changes, which the commission expects to cost between $2 million and $25 million and be paid for almost entirely with FAA grants. Official announcements are still forthcoming, but commission staff expect the period to be from mid-September through late October and consist of several public information meetings and a write-in period. Specifics for those feedback mechanisms are still being finalized, Ralston said. The airport redesign is part of an update to the commission's long-term comprehensive plan, which is set to be released in September. A 2008 iteration of the plan called for the same reduction in runways, Ralston said, but the new version also includes the stopway redesignation. If the airports commission and Metropolitan Council approve the plans, the airport's new look could be finished by 2018. To learn more about the commission and the Crystal Airport, go to www.metroairports.org/General-Aviation/Airports/Crystal.aspx Contact Joe Bowen atjoe.bowen@ecm-inc.com Filed Under: Crystal Advertising Information I Contact Us I Subscribe I Jobs & Classifieds Copyright ©2016 ECM Publishers, Inc. • All Rights Reserved , r iw=J ao ow 0 LOco Ec DwO ccr a C1 0aI op 0 0) 0 0cdEco 00 U) 00 00 CZ ci) 0(IcI) on- / a 0 a >0 a ci 0 0 /117 5/—. D co=cr I 0 LO>Z0 -oc Cc > c<ccj =LC)> OQo0oo coOLoca C) z co EoWLC) 00) mn w CD co - Ot0 :i5:4 ft U_ WE'.. its bi , r4 ! 4ç11 1- 4e,"L,LAV:fy iL IL fe UN ^\ X.` 2' K*C1J 1 t!t* 1&L -' -4 $i = rh in Yi I rçtkic ^ sLe Av TA vv al I IA' g 1 •v u • • V P . 0 1) -o > cI) 0 U)¼.) 0>(o1_r --•' City Council Agenda Item No. 8a [EI1IJ(J I fl h'A UhYA I aW'A (I] Uh'I WAi DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Continued Special Assessment Hearing for Proposed Special Assessments for Administrative Fines/Citation Costs Recommendation: It is recommended that the City Council consider approval of the attached resolution certifying special assessments for Administrative Fines/Citation Costs to the Hennepin County tax rolls. Background: At the City Council Meeting on September 12, 2016, the City Council moved to continue the Public Hearing until September 26, 2016 for certain properties where appeals were made. Additional information was requested for certain properties where the proposed special assessments include unpaid Administrative Fines/Citation Costs. As part of the property maintenance and enforcement process, property owners are given notice to correct violations, receive notice to pay the bills, and unpaid fees are processed as a pending special assessments in accordance with applicable laws. The pending special assessment amounts are available to the public, including title companies, when a property sale takes place. The administrative penalty program prescribes the legal process and provides an opportunity for a violator (property owners, businesses, etc.) to appeal an administrative citation. Information specific to each special assessment appeal is provided in this report. Please note that there may be differences in the amounts indicated for this year's special assessment and the total amounts shown in the reports. The reason for the differences in amounts may have been assessed in previous years and amounts may be pending for special assessment in future years. The special assessment rolls are provided and include those amounts that are scheduled for special assessment this year. The special assessment charges and payment schedule are provided in the notification letter and are often explained to parties that contact staff. It is summarized as follows: • If not paid by the end of business day on September 12, 2016, an additional $40 special assessment fee will be added to the amount owed. • Unless the City Council makes changes to the amounts due at the Public Hearing, no other bill or notice will be provided. • This letter is the party's notice of amounts due. Interest on these special assessments will begin on October 14, 2016, following the 30-day interest free grace period. Interest shall Il'Iissioii: Ensuring an attractive, clean, safe, inclusive coininunhtj' that enhances the quality of IJë for all people and preserves the public trust 1]JJ[IJ I fl I IIYA UhYA I 3hYA (I] 1h1 I1SJ I accrue at an annual rate of 4.0 %. When the City Council adopts the special assessments, there are the following payment options: 1.The total special assessment may be paid without interest between September 13, 2016 and October 13, 2016. 2.After October 14, 2016 and through November 23, 2016, the total special assessment plus accumulated interest through the date of payment may be made. Payments will be accepted in the Building & Community Standards Department until close-of-business November 23, 2016. As indicated by the fee schedule, payments could be made before the September 12, 2016, Council Meeting without added fees. After this date, fees apply. There are costs associated with appeals and the fees are an attempt to make sure the public is not required to pay for unsuccessful appeals. This is similar to other programs that have appeal options. Budget Issues: The fees for these special assessments help recover some of the City costs associated with providing a service specific to a property. Administrative fines occur where voluntary compliance is not achieved and additional staff time is required to gain compliance. Strategic Priorities: Enhanced Community Image Attachments: Resolution Summary of Appealed Properties Mission: Ensuring an attractive, cleat,, safe, inclusive community that enhancesces the quality of life for all people and preserves the public trust Member introduced the following resolution and moves 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 13, 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/Citations 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/Citations costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: The special assessment roll of Administrative Fines/Citations 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 annurn and shall bear interest on the entire assessment from October 1, 2016 through December 31, 2017. 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 RESOLUTION NO. 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 26, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly 2nded 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. -"j Lrr o E L) Io coo CJ • -CD uEo bh -cn N•0 ='C) Lr; Lr)N N00_•)cq.)' N ) cq- 11.)NNO\ NN__4 (4) çl in -0000 I (1) •- 10 0--4 I I I ci 0 zzz 000 DOcn -EJ N EENcd z ao0 c0Nc1_ -p Ln kr) U I-Cd 0 0 4-CCC) Cr)Cr) 0 COC Attachment- Summary of Appealed Properties Property Number 1 I Address: 5930 Camden Ave - I Owner: Matthew Joseph I Appellant's Statement: Mr. Joseph stated that he did not receive the notices or administrative citations that were sent to him. Mr. Joseph also stated that other city departments have the correct mailing address and not sure why he did not receive the notices. Further, Mr. Joseph states that he is aware of this issue since there were letters and citations issued in the past couple years but did not think that the citations would be so high which he feels is excessive. Findings: Numerous violations of City ordinances has been cited at the property including accumulation of junk, furniture, brush, debris, commercial vehicle storage, parking on unapproved surfaces, and inoperable vehicle since 2014. Staff has attempted to work with the owner and the tenant on ongoing compliance with city codes with each ongoing violation. Notices and citations were sent to the property and the address listed in the city ownership records. There were some citations that were returned by the post office. However, city staff have spoken to and emailed Mr. Joseph multiple times throughout the timeline. Mr. Joseph was informed of the continue violation and citations relating to the the ongoing issues of commercial vehicle and inoperable vehicle storage at the property. Futher, the owner was required to drive by the property two times per month per his Mitigation and Action plans. Owner Address History: • 10/02/2009 - Initial Rental Application had 3720 South Colfax Ave. City Ownership records were updated with this new address. o In June of 2012 the ownership records for the property were changed to 2838 Fremont Ave So., Unit 327. o 8/14/2014 - Renewal Rental License Application listed new apartment number of 2836 Colfax Ave N Apt. E141. Rental address was updated when license was issued on 1/12/2015 o 4/11/2016 - The City was notified that Hennepin County taxpayer's address was changed from 5930 Camden Ave N to 2836 Colfax Ave N Apt E141. City Ownership records were updated. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. City ordinance violations are not permitted in any area of a property and the owner is responsible to maintain his property free of code vioaltions. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $2,040. 6Page Violation Type Commercial Vehicle Parking Dates 7/21/2014 Action An inspection was conducted and found a Gray truck license plate YBL9172 parked Fees on the property. A 1st letter sent to the owner and occupant. Staff also called and left a voicemail stating the nature of the violation. 7/21/2014 Staff received a phone call from the occupant stating that the vehicle is less than 8ft tall. Staff conducted a second inspection and found that the vehicle is licensed as a 12,000 pound gross vehicle weight and is in violation of code. 8/5/2014 A second inspection was conducted and found the commercial truck still in violation. A second notice was sent to the owner and the occupant. 8/20/2014 A meeting was conducted with the owner at the property. Staff informed the occupant $125 that the City will issue a $125 Administrative Citation since the vehicle is still in violation. The occupant refused to answer questions about who owned the commercial vehicle. 8/26/2014 The Administrative Citation sent to the owner was returned. Unable to forward. 2/12/2015 A follow up was conducted and the vehicle was still parked at the property. 2/18/2015 An inspection was conducted and found that the vehicle is still at the property. A $250 $250 Administrative Citation was issued. 4/15/2015 An inspection was conducted and found that the vehicle is still at the property. A $500 $500 Administrative Citation was issued. 4/27/2015 Staff met with the occupant, Wilber Bettle, and Mr. Bettle stated that he owns an auto business operating out of Zimmerman, MN. He states that he has a satellite office in Brooklyn Park where the vehicles are kept. Mr. Bettle also stated that he drives the vehicles to his house and he leaves it at his house. 6/16/2015 Met with Mr. Bettle on site and explained that the commercial vehicle is still in violation. Granted a one week extension to 7Page move the vehicle. 6/30/2015 An inspection was conducted and found the commercial vehicle in violation. No one was at the property. A phone call was made to Mr. Bettle regarding the vehicle violation and he stated he was under the impression that we granted a two week extension. Informed him a follow up will be conducted on 7/6/15. 7/10/2015 A follow up inspection was conducted and the vehicle was removed. 9/17/2015 The owner was email a list of the citations for the property. 3/11/2016 A complaint was received stating that a tow $1000 truck has been parked at the property. An inspection was conducted and found the tow trucked parked in the driveway. A $1000 Administrative Citation issued for having a repeat violation for commercial vehicle violation. 3/11/2016 Staff sent an email to Mr. Joseph about the ongoing property code violations. Staff also requested to meet and discuss the violations. 3/15/2016 Staff had a phone conversation with the property owner, Matthew Joseph, regarding the violation. He stated that he has spoken with Mr. Bettle about the ongoing violations. Mr. Joseph was informed of the $1000 Administrative Citation that was issued on 3/11/2016. Staff informed Mr. Joseph that the city wants long term compliance from the tenants and he will talk with the tenants again about the property code violations. 3/18/2016 Administrative Citation sent to Mr. Joseph at his current address was returned undeliverable by the post office. 3/29/2016 A follow up inspection was conducted and the tow truck was removed. 5/13/2016 Staff sent an email to Mr. Joseph regarding the inoperable vehicle and commercial vehicle parking at the property. He was informed that the City continues to receive 8 IPage complaints, the city is proactively monitoring the property due to ongoing violations, and an Administrative Citation has been issued. 8/30/2016 Received email from owner that there was a Housing Court Mediation Aggreement reached with the tenant and they would be moving out by October 15, 2016. 9/1/2016 All violations are corrected. 8/20/2014 A meeting was conducted with the owner atUnlicensed /Inoperable Vehicle the property. Staff informed the occupant, Wilberg Bettle, of the inoperable vehicle violations. A 1St letter was sent to the owner and occupant for the Gray Dodge Ram and red van with expired temporary permits. 9/2/2014 A follow up inspection was conducted and the vehicles were still in violation. A 2' letter was sent to the owner and the occupant. 9/23/2014 A follow up inspection was conducted, the tenant was not home. Staff talked with the handy man and then talked with the owner on the handyman phone. Informed the owner and handyman that a one week extension will be granted. 10/1/2014 A follow up inspection was conducted and $125 the property was still in violation. A $125 Administrative Citation was issued. 10/13/2014 A follow up inspection was completed and the property was still in violation. Another vehicle, white truck with MN plates YBD3937, was parked on the property with expired tabs. 10/16/2014 A $250 Administrative Citation was issued $250 for unlicensed/inoperable vehicle. 2/12/2015 A follow up inspection was conducted and found that the vehicles were still stored on the property. 2/18/2015 A $500 Administrative Citation was issued $500 for unlicensed/inoperable vehicle. 4/27/2015 Staff met with the occupant, Wilber Bettle, and Mr. Bettle stated that he owns an auto business operating out of Zimmerman, MN. 9 P a g e He states that he has a satellite office in Brooklyn Park where the vehicles are kept. Mr. Bettle also stated that he drives the vehicles to his house and he leaves it at his house. He also stated that he feels Brooklyn Center staff was harassing him since his property he has received so many notices and citations. 6/19/2015 An inspection was conducted onsite and met with Mr. Bettle. Mr. Bettle stated that he has not received anything from the insurance company yet and since the insurance has not responded he is not able to do anything. A two week extension was granted and if the inspection fails, Staff will contact the insurance company for documentation. 6/30/2015 An inspection was conducted and found the commercial vehicle in violation. No one was at the property. A phone call was made to Mr. Bettle regarding the vehicle violations and he stated he was under the impression that we granted a two week extension. Informed him a follow up will be conducted on 7/6/15. 7/14/2015 The inoperable vehicle was removed. 9/17/2015 The owner was email a list of the citations for the property. 3/11/2016 A complaint was received about an $1000 inoperable vehicle that has been on the property. An inspection was conducted and found a black Mercedes on jacks with a missing tire. An Administrative Citation was issued for $1000 for having a repeat violation for an inoperable vehicle. 3/15/2016 Staff had a phone conversation with the property owner, Matthew Joseph, regarding the violation. He stated that he has spoken with Mr. Bettle about the ongoing violations. Mr. Joseph was informed of the 10 IP age $1000 Administrative Citation that was issued on 3/11/2016. Staff informed Mr. Joseph that the city wants long term compliance from the tenants and he will talk with the tenants again about the property code violations. 3/18/2016 Administrative Citation sent to Mr. Joseph at was returned undeliverable by the post office. 3/29/2016 A follow up inspection was conducted and improvements were made. Another follow up was scheduled for full compliance. 4/6/2016 A progress check was made and there were still inoperable vehicles on the property. 4/22/2016 A follow up inspection was conducted and found additional inoperable vehicles. A blue Ford and gold Honda with expired tabs. 5/13/2016 Staff sent an email to Mr. Joseph regarding the inoperable vehicle and commercial vehicle parking at the property. He was informed that the City continues to receive complaints, the city is proactively monitoring the property due to ongoing violations, and an Administrative Citation has been issued. 6/14/2016 Another complaint was received that there are vehicles on jacks in the driveway. An inspection was conducted and found the vehicles on jacks. 7/8/2016 A notice was sent informing the owner and tenant to remove the vehicles on jacks. 7/15/2016 A progress check was conducted and the vehicle was still on jacks. 7/19/2016 A follow up inspection was conducted and the vehicles were still on jacks. A $2000 Administrative Citation was issued for inoperable vehicle. 7/25/2016 Staff sent an email to Mr. Joseph informing him of the inoperable vehicle and requesting him to discuss with his tenant on complying with city code. 7/29/2016 The $2000 administrative citation sent to $2000 the owner was returned. 11 IF age 8/2/2016 A follow up inspection was conducted and found the vehicle repaired and off the jacks. 8/9/2016 Staff had a meeting with Mr. Joseph regarding the ongoing violations at the property. He was informed of the complaints that the city has received regarding the ongoing property code violations and the citations that have been issued. Mr. Joseph stated he has spoken with the tenant about the violations. 8/30/2016 Received email from owner that there was a Housing Court Mediation Aggreernent reached with the tenant and they would be moving out by October 15, 2016. 9/1/2016 All violations are corrected. 12 Page 131P age I N ItE S 0 14 14 1 P a g e 15Page - - 161P age /II 17jP age ^M' \4- I ¼ 1 4 1 18 I P a g e 19 1 P age SO r 720 ll Cie';II 20 Page 9 IL :)2OIS 22 1 Page 23 1 P age 24 1 P age I I I I- U I A %$t --S At NAN 26 1 P age 27Page Property Number 2 I Address: 5615 Fremont Ave I Owner: Lisa Yankton Appellant's Statement: Ms. Yankton provided a written appeal to City Council and Staff stating that she has called and left voicemails to city staff requesting an extension on removing her inoperable vehicles from the property. After speaking with staff, she was not granted and extension and issued a citation. She was in the process of complying with city ordinance by hiring her own tow company to remove the vehicles, which she eventually did. Findings: Staff received a complaint stating that there were several property code violations at the property. An inspection was conducted and found the property with several violations, including unlicensed/inoperable vehicles storage at the property. Staff received voicemails requesting and extension and staff returned the call but was not able to leave a voicemail. Staff also attempted to discuss that violation with the Mr. Yankton at the property however there was no one home. Due to continued noncompliance, an administrative citation was issued. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. City ordinance violations are not permitted in any area of a property. The property violations have been corrected. Recommendation: Legal notification requirements were followed and administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $165.00. Violation Type Dates Action Fees Unlicensed/inoperable 5/10/2016 Staff received a complaint about vehicle property code violations. An inspection was conducted and found the property to be in violation for accumulation of junk, accumulation of rubbish, illegal parking/storage of vehicles, tall grass and weeds, and unlicensed/inoperable vehicles. A 1st letter was sent to the owner and the occupant with a due date of 5/17/2016. 5/17/2016 Staff received a voicemail requesting and extension on removing the vehicles. Staff called and was not able to leave a voicemail. 28Page 5/18/2016 A follow up inspection was conducted and found the property to still be in violation of accumulation of junk, accumulation of rubbish, illegal parking/storage of vehicles, tall grass and weeds, and unlicensed/inoperable vehicles. A notice was posted on the inoperable vehicle for towing if it is not repaired or removed. 5/26/2016 An inspection was conducted and the $125 violation remains. A $125 Administrative Citation was issued. 5/27/2016 Staff received a voicemail from Ms. Yankton requesting an extension and inquiring about the administrative citation. Staff called and was not able to leave a voicemail for Ms. Yankton. 5/31/2016 Staff spoke with Ms. Yankton and she was informed that an extension would not be granted due to the ongoing violations at the property and no progress has been made or reported to staff. Ms. Yankton informed staff that she has purchased the tabs and has not put them on the vehicle yet and will be replacing the tires on the vehicles. 6/3/2016 An inspection was conducted and the inoperable vehicles were still onsite. The vehicles were posted for towing. A notice was sent to the owner informing of the violation and the intent to tow inoperable vehicles. 6/14/2016 Staff was onsite and the vehicles were inaccessible because it was blocked in by another vehicle. Unable to tow the vehicle. 6/30/2016 A follow up inspection was conducted and the vehicles were removed. 29 1 P a g e 30 1 Page .-_-_'*--- - ---.- - -- u111 311 Page iit'i Z!'! II FI.Lg. -: age 34IPage Property Number 3 I Address: 6236 Chowen Ave I Owner: Kodjo Oyedade I Appellant's Statement: Mr. Oyedade stated that he received the notices and attempted to remove the brush pile but was not able to dispose of the brush pile since the Maple Grove Yard waste site was closed. He further stated that the refrigerator in the backyard is not his and was there when he purchased the property. Mr. Oyedade also stated that the vehicles at the property did not belong to him and was waiting for his friend to get the titles so the vehicles can be removed. Mr. Oyedade states that everything is in compliance and he is not sure what to do. Findings: A violation of City ordinance was cited at the property for accumulation of rubbish/brush/debris. Notices were sent to the owner address according to Hennepin County property records. Staff made several attempts to obtain compliance including an onsite meeting with the owner to discuss and point out the violations. The violations occurred during a time when Maple Grove Yard waste site was open and accepting brush piles and only when the owner attempted to comply with city ordinance, the yard waste site was closed. Due to continued noncompliance, administrative citations were issued. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. City ordinance violations are not permitted in any area of a property. The property violations have been corrected. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. This special assessment is for the amount of $915. Violation Type Dates Action Fees Accumulation of 6/19/2015 Staff received a complaint stating that there rubbish/brush/debris are property code violations at the property. An inspection was conducted and found the property to have an accumulation of rubbish. A first notice was sent to the owner and the occupant. 6/30/2015 A follow up inspection was conducted and found the property to still be in violation. A second notice was sent to the owner and occupant. 7/13/215 An inspection was conducted and found the $125 property to still be in violation. A $125 Administrative Citation was issued for accumulation of rubbish. 7/24/2015 Staff spoke with an occupant at the property 35 P a g e and staff was informed that the property owner was not home. Staff provided his contact information to the occupant and asked that the owner contact staff to discuss the violations. 11/3/2015 An inspection was conducted and found the $250 property still in violation. A $250 Administrative Citation was issued. 1/26/2016 An inspection was conducted and staff spoke with the owner. Staff explained the violation and informed that if the violation was not corrected an administrative citation would be issued. The owner asked for an extension and was granted a 10 day extension. 2/9/2016 An inspection was conducted and staff spoke with the owner. The owner asked for another extension and was granted a final extension. 3/9/2016 An inspection was conducted and found the $500 property still in violation. A $500 Administrative Citation was issued. 4/13/2016 A follow up inspection was completed and the violation was corrected. 36 I P a g e 37Page This photo is taken on 9/3/15. This photo has been cropped and zoomed in to show the violation. 38 Page City Conicii Agenda Item No. lOa City Cmu©il Agenda Iltern N©0 An #1 I[I1PJ[iJ I fl I I M U I IIhA (I) 1I IIPA'A I DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 340147 1h 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 3401 47th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a 1 building, 22 unit multifamily property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on seventy three (3.32/unit) property code violations found during the initial rental license inspection and one (.05/unit) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 03-16-2016 The Owner, Eswin Yoni Berrios/Royal Property Management, applied for renewal of the rental dwelling license for 3401-3413 47th Ave N, a single family dwelling. 04-07-2016 An initial rental license inspection was conducted. Seventy three (3.32/unit) property code violations were cited, see attached rental criteria. 05-26-2016 A second rental inspection was conducted and failed. A $450 reinspection fee was charged to the property. 05-31-2016 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust csI.1sJ1 I • I I thYA LA I (II) UI aiii 06-09-2016 A third inspection was conducted and failed. A $250 reinspection fee was charged to the property. 06-23-2016 A fourth inspection was conducted and failed; two corrections were not completed. 07-06-2016 The $700 reinspection fee was paid and inspection passed. 07-20-2016 City records indicate 1 validated police nuisance incidents occurred in the past twelve months. Incidents were 08-25-2015, disturbing peace 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. 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. 08-29-2016 A Mitigation Plan was submitted. 09-16-2016 The Mitigation Plan was finalized. 09-19-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 26, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. Mission: Ensuring an attractive, clean, safe, inclusive communllv that enhancesces the quality of life for 111/people and preserves the public trust [O1IJ[J I U V V aIh'A LA I (I] UI I1SJP'À 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. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people andpreserves the public trust S[O1,J(SJ I fl I V k'A IA I ak'A 0] 1I 1IAA 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 al/people and preserves the public trust [I[i1IA[IJ I R I U lk' U I alk'A (I) 1I I1IJ'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I -3 Year 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 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 o 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 [I1Sk[IJ I I I ak'A LA I MY4 0) 1iI aIJh!A1 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Eiissiriizq an attractive, clean, safe, inclusive conununitj' that enhances the quality of life for till people anti preserves the public trust Y. BflA1TO AND COMTNITYS7RNDARDSTBROOJIjyRent. I L1cne MItIgatl n Pr Type W License A flhibT firm rari be found n th CiYs !I1 ort&t! 7) D!3.333O t hivR an elctrQti py Earit byiu ViarL Omer arne): Ok'flef AUcfre' Owfl Ph'ne: pa-.j vrL57.33 Email; pmmFnnesc4arnaiLrc Current Ewpinatirin Dater jia incl W, n t: A 'f1t Add - '- H New Hopp, 423 Age. n Phin 12) ,-TG-B7. Agrit Email; rpmmi1nOta©rial PdrttixpiMlion Date: aqvf Bated orl pDprty ciandirtona andir vaIidd Porize nuismco indent, the above referenced prpefty qu;n"Irfes fw a Type FM Month Rntl LCJflEI?. Prior p*a1ri approval bythe city counca a fully ©mptd Afittlri Pia 0. muL be OdrnplEted and apprQeU by City tf A IitjIfon Plan must be. mmpleted lrndia1oIy fri ord e rto ensure Lthfy winpleliGn othe applir,ation, process, The Milg1f Plan huI lnd trio steps being taken to etnLiied viotatiur IM ie iies that will be taken to ensure fl*t cmpflance with City Ordinances and applicaWe cde A MMIgatfPrI Plan ts the wner?Id the City to ra'iow Concerns and denbfy possible Solullons to ImprQve ovrll carAitirins if the prciperty. If the !11Bg1iun Plan is ibrnitt'd 1 and aN IterTis are not crnpLed vj,lhfn the pending iise pr1od. of thia aboym property oprata b'y'fld the rne €pIratkn drite, eriforcementqdiws s upil iat 6.1ation. formal COMPI:Piht or lic riaw mey raWL B9ibx ubm Wn ttIut5tbnS A B 2nd C Itd cin pages 2 3 4 aU P&2p Y6 repo JLn F!1. Rel, 444-5 c*fibivewer—Bu-Wing Amd CcmmuzLiyItkr Dp±intiit ELJi fnICr, Wniwy, 5rc Iyrpnlr 1 41 I Fhnñ: [ThJ i TY: ?1 EVX.LIJXNG A ND COMMUMTT STANDARDS TiBRROULYT-it Rental Uvanse, MjtitIOfl PLenCENTERiLtcailse Sectiont A—Crime Nee, -LosfrT9 Pririi RT]J1$ Phsa I 1 Use jttji ea reemant Tfle re aqreement shall include 1he Criie re--- Rousing Lease Adndun A-vp/ of thQ reaso ingreernep.tand Crfnia Hot buIii Lease Addendum rnt be ttchi to the MItaUor Pari when ubmitt 2) Agee to purua th8 rrnnt ir i&n oV te.nnF. who viofai th e terms of li-it, IaE' of any iMdraftdunls. ) Diridutt cifiminal background check for all riw propcthre bnan1. If it is a tenanta new b Frv!Jnd thok i not required. Must be BbT 1)) ivd9 duIiflLIO to City it 4) AEn d a City appraed eight-hour Crime Free Housing training wurse, Iafcirmalicirt for ppro'sed coufses can be found under the TJnfrg A cy of Crime Free Hopsdrko Gartificate rntt be thiched to the Mitigation Pian When subwltteth Crime Free Housing rEiriin was compe1d EInis Echedttled for; 12i11E O'merorgent attendBdhs planning to enerd 1r?nIn a Submit Monthly Update by Oe 1 e d?y, of each month. phose l jJ 1) Oompteiea $ri[y M eniert and rsqieid by The &oQktyri Center PoIic Deprfrnerii. To achduI ?n initial or ow-up Security Asrnent, ceJ i763i 5G-441. A frdlow-UP esrnnt MUst The comPleted before the Iirei1O pirfon date rify The ]12y9 been implemented, tf a $ecurily AssessMent hat bean prousJy oampTei, WrItt th-e iktkti date, $urITEn 'it rnte edId fIi__l-Ihor suc1ty fiIcw-p ' completedon(i h'JuTid for ?jiL) 15 CnthiJe Sections A Phase Iii on pip 3, JV 444-5 City ofBroi1Caziii ig amd a L1ytid&i 1mIL1 - '1 Z IIIIii Ciik 0i't'fl CnLe, MrI Ift, -2 M I Prt: 73I E3th 11'r 711 1 Far C9-33J BTJTJ.LDING MM COMMUNITY TAN1flLRD RLYN - - RontaP Utonso MtFtiti PlanICENTERLF-cerme A-C*ii Free -k1rpg Program Requ 1mwaW (nt1nud) Ph9 iN 1)Oeiercregent vñi stnd at minImum 4)% (2) of the A-M me ris Th8 ARM mBBtlnga must be completed wRh]n the rental 11en perEciiJ EnEf lbefom th pending Type IV LcerL'ae expirstn date. Regisiralicia , is riot rqufr, howleVer yQv must & n-in during the inc-An Write tw itii dates i9a j'ir or enl piri tQ 2)Hr'r n' r-ipot toda violations pi-iouIy durneitd with the past The f-oflowlng actIone are required for properties with four (4) cir m are unita, 1)Carduct r&dn lw-ng annualry ffls nud rInjea prevn1Iqm hpIque., 2)Cduti raguIir tidc1 pjtin. YiL g 11 , r4.f445 City ± EIDlclya OzJ1 i[' Drn1 Wcnir I 1 iie [76)E ii 1W;711 Date Last Red May go JO 2' ILoni rtp: WeferHeaher rurgiam Waler Heater Kitchen Applisaoms Lewidry Aphire Sraoko A1rnif Carbon M.brioAME Alarms Exterior llem PirISidn.g Cnithon Expected Reptaoemrt Date F My2i'2 Dc2fl22 o2'J22 DEG Ui7 Windows 2I Shad Flr,7 Sarage 1908 Driveway 1cLE1 Dgc 2025 Me 2030 N r'a - nJ G Dac 2a3o C DO r Z1Jt G Do r; M313 Et]IDJNQ AND CQMMUNIT riTANDARIDSrcityDf ( BROOcf'YN Rentel Lii Mtliin PlanCENTERType IV UCMa &kns Term -C*PTf,3 1 InTp ruvew e rtf P! Bd oil 'ith1ion and £ie, estirripled reptato rriant cra tesrecd to be pQvdd for carnrnci iap1t1 itern. FUIdIng mord b insideed ordin' hems th re brkn rn, r thrwi fl t&iIlJan pr la the ilmetri repla i.sst date need to be Feplaced E3wner. All items al Ut have date for EsW?id R'iin D, such ie doi{ r4!whBrL boker wl1 not be a(1. if you are uriure f when an kenj wilt need to be re-plEa--ed., you can make a IredUcn baf on epim, wridition, or mau1ttuIinduetry ArJdijonal informal.ion on peed UttiI Life tan be Iatmd at ihd.'i Ohr: F G'. M M D A L WeNiMfn M N'N .=F }cd.r planentF - p. 41141; i' if Ox nc1cyu Cw B u il Eug and C on=unfty anal 61I M.PJ I Phur TTY., 711 I Far cE BtiThDIo AND COMZ'WMITY ZTJLNDAIIDSCIyci!-i MLO OKLY1A. CENTER Rental LF MItEo Plan Type IVUcense - S&ctIO -I'sC—SEp to 'o'ic Mahagiamcil and CbndiUms crp -tj, The hems In MIGSiMian hi br proven to Ist with prrIy nsnrient and prr Image- Tbia Following actlark.13 aremqvirocl' 1)OhacioriwiLh 1eri2nE E'ErI 20-daE. 2)Odw by pr•rty to ti fti poss'.bloonde violations. ) E'ñttnnta In vkila'Iior of the lea-se or any addenduma. 4) Remain curr a nt uiIiIy 1a , fire peiii1Ii* and c1hr flnsnkii clalmsfpayffienLs due to Me Ci' f} Ohai: frIiir, The ioIIwIng attione are cipflonal un'ess reqfflrd by the City. IProvide iwrisiuw eMc.Z 21 Friiidc garbing er'ice, LI ) InsIt Fecurity symstem. 4) FrcYk1e mnn ?T%,ice plan for Bpp7a. NrnG ot s ervIce !fl par'y D &) [1 Uie Type IV-3 Month Fe111 LLie Is approved by the City Council, 1:1-ib liwmecr 111 LA4 CmpI/ %ylM the eppried MitIgallon Plan and I! ppIicbI City Awdttn report mtt h urnlld by ffic iC day ofeah mi1h 1th n 'u o1atIna being r by the owrer andtor -agent lo c4pm p1V Wif ti jb' Plait A c,31yy of The Mcin1hIr UpdaTE can be found ari page 7. A fillaMm 1rn n ie found on c4f!% vbsie at r1l J3) 5-339 to have n frnpy senttQ you wla email. Pleam beh adififional tFn it 21 r+jn Cfflr M1 5S-1 5 9 [ Ptr' (76,31) 5ri t 1Tf 7 1 t I BUILDING ,ø COM TANDIRD City a - •[ EOOKLN RotiF Li Makn PlanCENT ER - Type LVLFc $fl and Vrt' ifytlial H ifrmBtkr pwided'is Iruc and acc1irEie. I urirind that it r o not np1y with f he 4PtUEd DM^9 004 Pini, 03 Mp ty vfth sR ILem w1hin t ho iicn prxL o r.perte b?ycnd The Ie]1E EiraBQr ate , ^E-nt6ruffitnt a diuris such a, citainE form a l cmpiaints, or licerl ,,8 fW rIZLisT 1BEIi1t kg' m if iiL -F rIm i? Th (Pø P(i CMM rItA itSfi !la C4wi!! r ar Aqv rifi%m.t Ond TIiii A&-V76bmq Uwr drAgent Sig n a famt;F ClrY S, la fI 2Z?zk F nnt (/z1 Hi ç^i rüc TFj City i]iL Cmal me—EuMung amil CntiiJ' Stamdaelv flthiiii - nnIEc,FO21 Pna:-i rrv 711 I Cty Coun cH Anda I[tem N©0 IL©a #2 iEI1SJJ IN Ik'4 UYA I alk'A (ii 1'WI I1IJ I DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5337 Girard 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 5337 Girard 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 November 9, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates, complete security improvements and complete the crime free housing training. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [UJJ[i1 I fl I I MA Ih'A I ik'A ES) UIWJ04 I Current rental license approval activities: 03-18-2016 The owner, Tracy and Joseph Groves, applied for renewal of the rental dwelling license for 5337 Girard Ave N, a single family dwelling. 04-29-2016 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 05-3 1-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-31-2016 The previous Type IV Rental License expired. 06-14-2016 A third inspection was conducted and corrections complete. The $100 reinspection fee was not paid. 07-06-2016 The $100 reinspection fee was paid and the license was passed. 07-19-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 07-19-2016 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. 08-12-2016 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. 08-23-2016 A Mitigation Plan was submitted. 09-01-2016 The Mitigation Plan was finalized. 09-19-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 26, 2016. Prior Type IV Rental License approval activities: 06-26-2015 The Owner, Joseph & Tracy Groves, applied for an initial rental dwelling license for 5337 Girard Ave N, a single family property. 06-30-2015 An initial rental license inspection was conducted. 32 property code violations were cited, see attached rental criteria. 08-31-2015 A second inspection was conducted and passed. 09-03-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-22-2015 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. 09-24-2015 A Mitigation Plan was submitted. 10-27-2015 The Mitigation Plan was finalized. 11-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held November 09, 2015. !IIission: Eiisiiiiiig an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i1i1IJ[iJ I fl M I ak'A Uh I DI'A (I) 1I WJ 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: 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. i'Iission: Ensuring on attractive, clean, safe, inclusive comrnuni/p that enhances the quality of life for all people and preserves the public trust 1EI1IJ[S1 IU I N MOINIMM I aSI'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. 1'1!ss!o,z: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public fists! I[I1BI(iJ I N I M'A L'A I ah!A (I) 1I aIJ'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 -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 (11/people and preserves the public trust [i1i1BJ[iJ I fl U Dk'A i s økA OJ asi 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 5337 Girard 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 5337 GIRARD AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5337 Girard Ave N, was issued a Type IV Rental License on November 9, 2015; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5337 Girard Ave N, Brooklyn Center failed to attend the Crime Free Housing Training, 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 5337 Girard Ave N, Brooklyn Center, MN. September 26, 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. 111MMING AN D COMMUNITY STANDARDSLy Of M^ BROOKLYN Renta l L1crnso MEtatIen PlanCENTER Type IV Lic e ns e Handwfirton MW!Ji Plans wilot be acce pte d. A fihlbIe form can be found on 1he C i ty's ibte at mAvx1tyorbrooklyncentenorg or tall (76) -96 9^-S SW Lo hav e an electro Dic copy sent to you via email. Prcpery Addres s: 15337 Girard Avenue Wirth Owners N --(); Jose ph & Tiau' Cro'.& Ownefs Address: 6100104thMNMoklyn Park, MN 65 44 U Owne'a Phone; 763 B- Oers Ernali: 4 a Ll Agent(s ); A g ent's Address: Agnt's Phone: Aent's Email: trierit Expiration Dte:pr' ç yandIn EptiC n Date: L 1 - iirrnLFimcn) Based an popity condition andTr v a lid a te d poke nuisance incidents , the above reied property qualifies f o r a Type IV-6 Month Raklal Len, Prioi-to application approval by the City C o un o ila fully ornip!eted Mitigation Plan must be completed and appr o ve d, by City s(. A Mitigation Plan must be compl elie d I dtal?Iy order to ensure timely completion of the lEats ,a ppli ca tion prooss. The Mitigation Plan should ind l eale the steps being taken to c o rrect identified violations and the m e asums tiit will be t a k e n to ensure ongoing compliance with City Ordinne and applica ble codes. A MitIgain Plan alt ows the owner and the City to review concrns and i denti fy P os sible solutions to improve overal] condltFois of the pptty. Ir the Mitigalion Plan is not aubmItecl, and all 11riis are not completed within the pending ]icense pe6ad, o-rthe above pr o p e rty operates beyond the liconsaplaUon da, onfome ment actions such as citation foriial c ornplAIM, o r ficense review may re s ult. Before submitting, 1lil-ut SecLll A. nd C loc a ted on pages 2,3,4, and & F Type I VRFLr MJ:n, Rev. 44 44 5 tr Amoldyn iiildEng and c mtiiiiiy S4LA d a fft Eptnert 11 Sh n 914 0ri Prkwy BrirA'i, GE n I.Eff, PiN 54o-2 1 110 1 1 T1Y: 711 1 F (? BUILDING AND COMMUNITY S.NUIW LTN 237 Girard AvenueNcutb Rental Lerie Mrhgtnrn PlanCENTER TypLs LV License Sections A—Cffrrio Frao Hous;ag Pr ogram Phase [ZI l) Use a written lease agreement The fease agreementshall Include Crile Free Housing Lease Addendum- A cpy, of the lease rrnrt nd Crime Free I-k11n9 Lease Addendum must be attached to the Mitigation Plan when euhrnLted 2 Agree to pu rsue the lerminationi or tease agre,ernent or eviction oftenants who violate the term f the lease or any addendur 3)Ccinduri criminal background cheek for all new pr pec-1ve tCrnt5. If 11 is E3 current tenant a new background check is not required- Must be able to provide dcumentahon to City if rque1d. 4)Attend a CitV approvedeih-iourCriie Free Housing training course. information for approved courses can be found at wvwmncpanet under the Tr]rfr rd Events tth A copy of the Crime Free Housing Plan when submitted. Crime Free Housing training was completed onts sohedvletl for-_-" Owner or agent attendedris planning to attend valning at city o L1 5) Submit Monthly Update by the 1 day efeah mrnlh, Phase 11 !I1 1) C'atnptele a Srily Assessmeni and Implement improvements requested by the Brooklyn Center Polica Department- To schedule an initial or fcdIvi-!Jp ecuiity Assessment, call 1763) 59.3344. A follow-up assessment mt be m pleted Wim the license expiration date to verity the security improvements have been implemented. If a Security Assessment has be-en previously completed, t'#ife the ornpIetion date, Seurty Assessment was ccniipleted onrm scheduled for 11 f1 5 Security Assessment follow-up was completed onus scheduled for: 1213015 Continue Sections A Phase III on page, Fi Z WR-!!WalLr Jr iw. 4-4-15 City Of UftkLyft e —&iiMiftg and Cb d3Jy Sfimd.Ards Dprtrni4 .my-w. EO I SFrig Crck Parhyp 5rc,rk1i, C-sniv, MN 6- 2 10 9 1 Fh TJ 1 IT' 711 1 F j75a U 13TiIID1NG AND COMMLEZ4ITY STANDARDS XMI QELYN 337 irard Avenue N1h MItJtkn Plan Type IV Llcrnie Sections A=CA Frae I4otsiig Program Rqukemns (fiu4J Phase III 1)Owner or agoritwl ttnd a minimum 60% (2) ofth A. meetings, The A.RM. meet1rs muL ba nqrn peted within tho rfla1 I iceme period and bfrire the pr4nding Type IV License expiration date. Regfstralian k not rqred, however mustsign-in diifing the meeting. Write tyo rr&-atinj dates an owner or .aent pP.n o Owner or agent will attend AR,M. meetings scft&du1d on: 916 lid 1' 2)Have no repeat code vicit1 previously documented wIth th.e past years Th4 fol towlaq actions a re requIred r properties with four 4) or more un Its. 1)Cottkd resident training nflu1Iy1h include crime pravention techniques-F-1 2)CDridUc regutar resident rr1eeLIF1. 9 WR-2nial Lkaaw MJOJ? F, iffAt 4444 5 City of rIr1y ar idifty And ccnuthy SNMAW Iep.artrnnt Q1 hirk re ekI r4r MN 4-O-21 Phc: 7i j TTh 711 I F7)--6D Cit B1JIiiNG 2ND COMMIINrEY STAND1BDSyf BROOKLYN 37 Glr.rti A v enue 1r4h Rental Lk.erise Mitigati on Plan Type IV L ic ense Lwig Term Capital Inpvernrt K an S a s edon Ou ndifion and age e s timated rep1acent d a jr--s need to be provided fo r pb1 items, F undings hould e oori5 rdeTed accordingly. hems Omitr br o ke n, worn, or otherwise in v iolation prior to the eatImaed rptacnint date need to be replaced sooner. All items must livei a date fo r Estimated R oplaceftion t Di& D a tes such as: unue"d o n 't ktw', or"when biro i5J n ot tie accepted. If you are uritjre of when an fteni will need to he replu e d y o u can make a prediction based an 1he age. appear a nce, condiion, or ma fIur&indusry ratior. Adcfiional irforrnatkrn an E xpe cted heM life can be found at wwwhudgov. Item D a te Last R e p laced Condition"pcted Replacement Date Exmp/e: Water Heater May 20W F My 2620 urnaoe 190 G 9t201B Water Heater D1 <itr Applianc e s 2014 N 9W24 L a undry Appliances will nag Smoke /Irrn! Carbon M o no x i d e Alsiiin p2015 N 7L^17 Exterior Items Fla lntlgldijig G 4?/2020 Windows 104 F Roof N Fence I DIM -912020 Shed Garage 12030 - ,Driveway G GS-12017 S i dewalks WA N/A Other: 'Ccrdilicin Abbriiationg: Fir=J NT iepiarit=R page Avg Type Fri. qy• 414 -t5 iy kLyt c r-Builiutg ad Cimrncz.ti1y tMa Dx±mti.t N' O(j 5i31 Shi4 r1r OerilE, KIN554']-21g9 1 Pii. I M.711 I Fx 5E40 1DtNG AND COMMUNITY STANDARDS 5337 Girard ABre North Rental Ucense Mitigation NanCENTER - Type W License Seotione C—Steps tO Impro ve Man agement and ConcWcwis of Propy Tile items 1L this section 1iav been proven to as-sist with propety mansgernent and property irnage The following actions; are required: EI 1) Check-in with tenants every 3Odays. E1 2) Drive Ly property to cheek foT possible code vkilalions. J ) Evict tenant Jn vitin of the lease or any atWen4unis, [] 4) Remain current on all utility fees, taxes, asses—stent-5, fines, penalties, erd other financial clairnstpayrnenls clue to the City ) Other; The flowing at1on a op -Oona unless roqt[rad by the Cty.ri 1) Provide lawn1snow sMc. 2) Fltovtde garbage service. J ) Install security sijsteni j4) Provide mnenaric.e se1ca plan for appliances. Name ci service company: GENTERPOINT ENERGY LI 5) Other - If the Type lV6 Mnth Rental License is approved by the City Council, the lice must comply with the approved M ition Plan and all applicable City Codes. A wrILt report must be ubrnitted by the IP day of each month with an update of actions being takan by the owner and!or ant to comply with this Mitipatino Pari. Acopy of the Monthly Updae can be fou nd un pe 7. A Ililable form can he found on the City's webslta , at tww yohrookIynconei,on or call 76) 563-6 to have art electronic copy sent to you vis email. Plea tteh additional 1norI tor! it neceeeary. TY1IS V Liii& i"i, HeY. 44445 City o okiyn iin artd Cknuiity fnT pat1m EJ]1 St-in f 5cri Clei, MN -11 ic'ie 472 I i1: 711 I FW_ 7Ei 43&I B UIMING AND GO MMM M STANDARDS CIM 537 Gird venue 1h RiiL1 NiXBRC6NTR Ty pe IV Licens e srgn and WrIly 1 vrfy that 1I inforrn21in provided N, true and accura te- I Lrnde mta nd that If I do n o t comply with the approv e d NA iigtion Pla n, co mply with all Il e nis within the Demise pl' o r operate beyond th licen s e expIra1in de, enforcement actions slic4 a t. ithtons, fornial cWLairts, or license revi e w may re s ult. Jcph Try - OT1er O pme r or Agew Name a ryl iTq(I (Pri Pjr) 1pi*c,Tracy DayeG roves mo 1- - C'r ii 21fl-Xr Oni Signa fUrE Date AdJJ?& C?lef o e kor1Nm9 Bfld Ti (ff A ppfba bfr, p*i' 4fiffnar 0LwrorA9nI IJ M (Ifrth?NE) - DiB Ci!y 5 faff P&& brt Bukffjl1d itiy 1aidircL Cptriir Pe Mi Tl-?,,a V 0.9r ^&Mxrt p Rov.444.45 City ot rOktyu Ce ridkUiig and Co mmunity Sland40s Depatitt 1 5Ifn Cr k EI CtnI -, MN i-21 Nri: cT:l -X I flY: 711 I F: City ComcitcR'll Agrrlldi Item N©0 1OI #3 III1Bih[iJ I fl I I Mh'A U'A I 3K"A 0] 1I I1IJhA I DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5223 Xerxes Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5223 Xerxes Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for renewal of two rental licenses. This is a single family property. The property would qualify for a Type I Rental License based on one (1) 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, complete security improvements and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on July 31, 2016 and one that will expire on January 31, 2017. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI1SJ[J I fl I N Vk4 U I MYA 0] 1I I1II I Current rental license approval activities: 07-31-2016 The previous Type IV Rental License expired. 08-10-2016 The owner, Joseph Noonan, applied for renewal of the rental dwelling license for 5223 Xerxes Ave N, a single family dwelling. 08-30-2016 An initial rental license inspection was conducted. One property code violation was cited, but correction was completed on-site and license passed. 09-01-2016 The Mitigation Plan was finalized. 09-06-2016 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 09-06-2016 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. 09-12-2016 A Mitigation Plan was submitted. 09-19-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 26, 2016. Current Type IV Rental License approval activities: 10-26-2015 The owner, Joseph Noonan, applied for renewal of the rental dwelling license for 5223 Xerxes Ave N, a single family dwelling. 11-30-2015 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 01-04-2016 A second inspection was conducted and passed. 01-20-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-20-2016 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. 01-31-2016 The previous Type IV Rental License expired. 04-06-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-30-2016 A Mitigation Plan was submitted. 09-01-2016 The Mitigation Plan was finalized. 09-19-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 26, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ii1i]JJ[iJ I U U N k'A Uh'A I DI"A (I] 11hI flII'A I Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust ES1IJ[iJ I fl I N $I'A I flIYA (I] 1aI I1IJ 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 counnuinity that enhances the quality of life for al/people and preserves the public trust [i[I1116 I fl I U 01A Uh'A I Ik'A (I] 1I $1IJ 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 II -2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 S 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 al/people and preserves the public trust III1SJ[SJ I fl I h'A UYA I I'A (I) 1WI IIA1 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 5223 Xerxes Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people am/preserves the public Ernst Member introduced the following resolution and moved its adoption: RESOLUTION NO.. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5223 XERXES AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5223 Xerxes Ave N, is issued a Type IV Rental License with an expiration date of July 31, 2016; and WHEREAS, the property located at 5223 Xerxes Ave N, is issued a subsequent Type IV Rental License with an expiration date of January 31, 2017; 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 5223 Xerxes 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 two TYPE IV Rental Licenses are hereby approved for the property at 5223 Xerxes Ave N, Brooklyn Center, MN. September 26, 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. BtflLTXrnG AND COMMUNITY STANDARDS City of13EiON Rental 11-1cense Mitloa6an PlanCENTERType IV License Hdwr1tn Mitgiot P1n wif not he ac cepted. AfilIabe form can be found on the cty website at iy brooynoenteror or call (763) 56-333O to have An vleatmnic.copy 5ent to vA Viv email, Property Address: 5223 Xerxes AveN GkIyTl Cerftf, MN Owner t'ame{a ), TMC M Cccp Owner's Adtfr:s: T!.IC Minocriwit Corp 5300 Glerrmo d Av it 2O Miripilis MN Q'mier'a Phone: (76) 5 19O ier Current £plrlin oate 0 Local Agent(s): Agent Add re.sa: Aenfs Phone: Agenfs Email Pending Expiration Date: 1/3i ffb (Gi mnnIh1rim mxrertl Based on property coridiftions and/or validated pole nuiane ncident the above referenced property mquahrues fat aType IIM5 Mri11-i Rental LcerI5e, prior to apprication approval by the City CiunciI a hilly completed Mitga1on Plan must be ciampleed and appd by City staff, A Mitigation Plan must be completed Imrnedia&y in order 1iniey omp1en or the license applka1on proca. The MIfIgation Plait should Indicate the 5tep5 being taken to coirect idenWie '1io1a1ins and the rraure that will be taken to ensure ongoing cornpiarLte wIth City Odnrie and applicable des A Mitigation ian all awse the owner and the City W review concerns and Identify peaIble SoMans to improvo ovenaill ounditions, of properly. If the Mitigation Plan is not Eubrnttd, and all iterna are not completed within the pending lieena period or th abc!va perty operates beyond the license expiration date, foremnt $cJ10113 auth ais citation, forma' complaint, of license review may reijft, Before submitting. fill-out sections A F3 and C on paea Z 3, 4 3 and 5 P. T- VR9 rm1 F?y', Rev 4-I4-1 City of k1yt C 1—BwiMEtg nd Ciiunuity Slandaxds Ipartrrucir 6O1 U nCn Ley. MN'5E4aO-219 1 Phn:i7 1 TlY;7i 1 •Fu: B'UILDING AND COMMUNITY STANDARDS City ofBR IUN rOr1CflMF1 R e ntal Llc a nse MltLiôi P la nC FENNTE Type I'! Lierise S ections A—C-fifne Free Housfng Progra m Re quiremen ts Phase J 1) Use i written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum A copy of the ieaae reTient and Cr i me Free l-Iusing t.eae Addendum mu st be attached to the Mitigation Plan when s uhmitted. [] ) Agree to pursue the termina ti on or lease agreement or eviction of tenants who o1ate ihe terms of or a ny *ddini 3'j nduct criminal background check for all new prspecthio tenants. If it is a current new bC1rourid iiek Is ici riiir, Must he bte t' pro'lde dca1in to City if requested. 4)Attend a City aproved eight-how' Crime Free Housing training course. Information for approved courses can be found at www.mnca,net under the Tra ining aad EVen ab A copy of th e Crbe Fee Houaling, CertIficate must be attached to lht Miti g ation Plan when s'ubmitted Crime Free Hous i ng lrainlngaas completed onus scheduled for; Owner or agent ameen ftdlls pl a nning to attend training at city of: Brookl yn PafR 5)Submit Monthly Update by the 101h day of each montft Pha s e It 171 i ) Cnp1ete a Security Assessment and implement improvements requested by the rcc'1clyn Cenler Police Dpas1ni. T ehedut n lnhthl er follow-up Secunit' Assessment, c a ll 73) 693344 A fo ll ow-up asesff1entmuStbe completed befere the rs9 €qilratli date K vrnify the security Impro vements have been mplenientad, It a Security Ass essment has been previously completed, wrIte the ornpleUoni date. Security A 5!5mme ot was co rnplemd onus s cheduled for: Security Assessment fal low-upwas completed on/Is scheduled for Côntliiue Sactio n s A, Phase Ill o n page Fe 'a T IV ftti rc) F?, Rev. 4-44-t5 CjAp^f Brk1'p i0anter-131d i ding and C rnmuntr DpEtteitt I Phn17E3 E3-3O I 1TYI11 I Ffr. 5}E-i5O BUILDING AND COMM1)1TY STANDARDS City of BROORLYN Rtat LL Mitiatioi Plan I NT Type IV License Sections ACthF1e F?e Housing Prom Rqth rnnts orr) P13x5e III J 1) Owner or agent will e-rd t minimum 50% (2) of The AftM meetings. The kRM meetings must be completed wlthlii the rental Ieii pr[d and bkrE the panding Type IV Lkeie explvallon dal-ti. Reg1U 1$ tt required, hwevr you must sign-rn dun ni the meeting. V1hit twi m1in dat an owner or agent plan to tLid. Owner or agent will attend ARM. rneetiri heduld on: 2 Have no rpai rode violations prEvioitsly dciumented wilii the past year. The following actions are req uirad for prop-art[ a with four (4) or morn uniL. 0 1) Conduct tasiderit trinlng annually that Includes lrnE pr rWori 1ehriius, 0 2) Conduct regular resf meetings Paw2 Tip Veir Lk 1'(if) Per?, I. -I45 City 61 8zooklyftCe 1—Bthi11t at i DeLexi 6301 Shingle Crh Pur, flrnc4Jyn C'nLri, MN .40-21 I 17 -U I TTY :711 I Fax t7) 3 BUThDITG AND COMMWITY ST WARD S rBRCOOEILYNLrc 5223 Xemes Ave N Rental License tltFo PaCENTER Type IV Lwre Sections P3—Lg Term CapRafvm'ht Hon Ead qrl CndiUon vrid age. ee1Imted rpTcement dates need to be provided for cm-mman capital item Funding sbould be corisideed accordingly. Items that are broker, worn, or ot.henylso , In 'd1ii prior to the rnd rplenent dale rid to be replaced eooner. All items must have date for EsUrrited Rep?acemenlDale. Dates such aa:"unsure", 'dôtit ki*w, or 'wh hrokfmll wilt not be pttL If you are ijns f virlera in item will need to be rep1ced you con a prdlc1±ori bed on th e, appararic r'dRbfl or nufoture/ndu*y recommendations. Additional information on Expected Useful Life can be found at wvwJiudgov fterri Oe Last Replaced Condition* Expected Replacement Date E;amp1e: VVer Healer Mey 2010 F My 2020 Ui'.flCdii G l-200 Water Neater KitcherL Applian.re5 12l Laundry Appliances Smoke AImi/ Carton Monoxide Alarms 2010 1 202 xteri FaiF1tSk1n urikvi G 1040 Roof unnoi1 G 12U25 Fence Shad F18 Garage 1i?waII Sidewalks Other: .oildiLkF1 N=N iidG eci Y• City afr1iyn nx—üIdiA itti ted DpThet fl 1 ahir Cre& Fkwi, riihIyn C:rr, E54-219.I '' (76a) E-3 TTY: 711 I F:(?€3) 5&-33E BUILDING AND CaM wITY STANDARDS Xty of 11110 IMYN 2roriktjriCnr MN Rentht LEciie MiUgatloti Plan Type IV LicenseCENTER Sections C—Steps ro, Improve Mmiiid Cnd.tkins of Properly The items this tQdibri have been proven tQ it with property mnageient and property 7he foIow]n actl ofts are required' J I) Crr-n with tenants every ao4eys 2) Drive by property to check for passiblo Cbde iions, j3 E'lct tena rits in violation of the lease or any addend un' 4) Remain currQntoti, all Wily foos, Ixe, ss5e5srnent5, fines, penalties, and other firncffl clin ymen due to the Gity. 6) Other: Tht following tas aire Qptional v nfe5s required by the City, 1 Fryy1de rawrvsnow service. fl 2) Provide rba Install aecurft'j system. ) Provide maintenance rvfce plan for appliances Name of serilci pany EJ ) Other If the Type IV-6 Month Rental License Is approved by the City Council, the licensee must comply with the approved Mftigation Plan and all appkabie City Coda. A wdtthui tepQrL must e submItted by [he iI' day of e ath mouth with a n update ofacflons beh taken by the owner aniôt agent to comply with this tig?tion Plan. A copy of The Monthly Update can be found on pe 7. A fiitble 1rni can bie tour on the itp'a webite atwvw.cityofbrooklyncenterorg or cell (763);569-3330 to have an electronic copy sent to you a email. Please attach additional information if necessary, (V Remo Frn, t'4 i City of roDkIrpi C nt illimg and Coonvunttly iataids etem Avmeo-clyalf rddyncenier.org 021 0i ,inl Cn7ukPr''. RIK 554000 Fhne: E3-3O I TTY 711 1 ) BUILDING AND COMMUNITY STADLR)S BROOKLYN CEW rE r - - R e nt a l Licntn Type, UI Lic ense Sign and Vrlf' I VEr1 1J That all informticn provided is trLi& and iura1. I understand that If I do not &mply with the a pp r oved Action Plan, co mply with il iterna within the license period, or operaie, bay^3 nd the licens eçlrath3n idale, enprcErnent actions such as cilations. formal crjmpta fnls, or l icense review may result. TM ;:;.1T CO' t Q-1 &vrisr ci Agew Meme &J TL (F)4,!.Y#, Prin t) iT COVP O rniv arAgeni Nlem a'xI TiWt i J - Sr.ir )wrwjr ç Jfp) aofo Cy StiT Ony 5 a Pu rt% Dale A" n /I X- bpatF?)eJi Ty itJ 1-?. i?f-415 C i ty of B roo klyn Cen t a xRuildimg and CDmnLunEtv thn.iit OI 51liç) 0 Ci'X'k Prb'ry,9 rc.cJri Cnt-r, klJ 4O -1 E9 I FIi: 17? 5 5-5TiO 1 TTY: 2 11 1 i7I BUILDING AND COMMUNITY STANDARD Scliyf BON Rental LItenss hlit1 g ation Plan Type W L1cene HdiUen itigtiwi Plans will not he acc epted. A fllable form i, be fourid on The City's website at vpietv.ci tyofbrookl yince -tite.r.org or call (7) -330 to have a nel ectronic: copy sent to yo u Yla ornsll. Property dress: 5223 Ave N blyn cit. Mr' 0 Owner's Name(s): TM Cr Loc a l Ag ent(s); Owner's Addre s s' TMC Mnn1rfl C OT N O Clv Av Ie 1O MN Owner's Phone: ^7153^ 51C-430013 O'1to' Emil: Current Exp lriatlbri Dte I) BI) O'i Agent's Address: Agit' Phone: A g ent' Email -. reridling Expiration Date: Eased on property conditions andlor validated police nuisan ce iriddants, the oie property qualifies for a Typo IV-6 MoMh Rental License, Pr lo appri ca tion approv al by the City C o u ncil a fully oomplot e d Ml1iin Plan must be completed and approved by City staff- A Mitigation Plan must be C GMpleted irnmediate fy in order to ensure timely comptoi1i of the lice n s e application process. The Mitigation Plan should indicate th tep belti taken to correct identified v iol ati o ns and the me a ,,^u i es that wiln be taken to en s ure ongoing compliance wilh City Ordinances and appiicabe codes A Migatftrn Plan allows the owner and the City to review cancA rnt. and Iden ti fy possible solutions to improve overall con d itions of the pr qperty, U the Mitigation Plan is not sJmltEd, and alf rterns are nQt completed wilhin the pending lcense period, or the above properly operates beyond tie license expiration date, enforcement aclions such as citailon, f o rmal timpl&M, or [icense review may result- Before submitting, fill-out Sections A, B, and C located or pages 2 4 and 5 . Ri, 444-a IIy ot Bzoolslyh Geftler—Biffldity id C rLthtI1ySt a kidards Depxntr 6 2101 itiIe Crk P.tkvy, Broo klyn Ceiiler, MP1 5E43135-215 1 Pitr: 76) fi fl'f; 711 ('?O3. EUfl1DNC AND COMMUNITY STANDRDZCity o f YNU cense MIaLIon Pl a n,CE=I n sroollyn Center, PAN Type IV License S e ctions A—Cirime Free Hofis fng Arograrn Requirem en ts Pha s e jJ 1) U se awiitten leaa araernenL The lea s e agree ment In lode %e Cri me Free Hou s ing Lease Addendum- A copy of the Eeo agraam e nt a n d Crime Free Hou s li ng Lae Addndum must be att a ched to the M i tig at ion plan wieti iibrn1tted, 2)gree to pirue the tarminaI1n or lese ag reementaT eviction of terb anto OwLILJI 43 -the terns of the lease or any addendurns. 3) Corthict c1rninai hackqroLnd thEck r sil new prespectiVe tenant If iti s a c UT ren t tenant a new ba c kground ciieck is n ut required. Must be able to provide documentation to Ci tV If re qu este d . Ei 4) Attend a City approved eight -hour Crime Free Housing trainini cour s e. Inorrnation for approv ed uses ca n be found at v i.rnnpanet under the Training and EvenTs tab A copy of the Crime Free Uousing Certi fi ca te mu s t be attiached to the Mitigtiri Nan when subimltteth Crime lfree Hnu s intraln i ng was completed ion lis, scheduted for: Owner or agent ttenediis panning to at t end Irzi l ftlwj at city of ) Subnilt McnUity Update by the I O day of each rnontlt Phmse 11Z 1) complete Secwity Amnt and inptnt Impe overnents req ue s te d by the Brooklyn Genter Police Department To schedu l e an initial or ftiliow-i.rp Security A55eamerit cEI (7153) -314. A follow-10p a tj t e rs ert mL1t ba compIeLe1 before the Ikense expiration date to veriFy the security improvements have been implemented. If a Security A s sessment has been previotisiy completed, write the c ompletion data- Se curjoy A s ses sment was completed ori!la scheduled for: Security Aeernent f o llow-Up was complet0d onhs acho dul ed for., 31 Continue Sections Ar Phase HI on page 3, ze, 2 cv Pen rd &k'i Y2Iir? P.-9 Fw 4-1$- CiiyEBrk1yii Ge^ftf et—Bc d1diruyi ana CORI MUM1 4 V stai4 daxle De paytmanl',cyTurn1ar,rarfl EJIJ1 ahi3Icrrk Pkw, Bcikly crir, MN C3-2iE4 Ftine: TT'r711 For. lie i) 5-C& Phase Ill 1) Own e r or agent will aterid at mirhiurn 5011 ) of the ARM meetings. The ARM rnee-tings must be completed wllhin the rental Ike ne perlcd and befOre the pending Type IV Lkenso epratEon data. Ri*iiri is not required, however you must sign-in during the meeting. Write IWb rnliiig dates an owner or agent plan to tterid. Owner or agent will attend A.R.M. meetit heduIe on; !1)JPcd 'jJ [] 2) Have no repeat cod 'Violations previously documented with the past year. The following actions are required for properties With four (4) or mote UrL. 1)Conduct rasleqit 1riuthg annually 1hat inniWes crime prevention technique 2)Conduct regular resident meeting& Jl! Tp 4-4-5 City nfBrcii11yn C tr3uiId± and Citnuuid1y Sd Dpc wroc44ncri1er.cr WWI Shin_de Crk Ni6qiry, Brclyn 034i1 MN of WcL -2 1 He I Piwi; iT?: 711 1 Fax. 753) EE-3& xNTER - mmDING AND COMMUNiTY STANDARDS Lkfl11ThJ Rental Uace itgaUon Plan E1aRM Type IV Ll Sectior BLon Thr'n Capkal Improvement Man Eased on tndjtiri and ace, efmated replacement dates need to be provided for comnon Capital erns Furyding , should be consWeved accordingly. Items that w bro}en wain, or o1heivAse in ;'IoI1]r prir to the estimated replaGern-ant. date, ileed to be replaced sir, All items niir'st have a date for Esfimalod RpIment Date, Dates such a sure', doTt know", or -when brkii' will not be accepted. If you ate unsure f when an item will tid to be replaced, you can mako a rdiotivn based on the age, appearance, condition, or rnanfurtindustry reoornmendatons Additional intin -t.atTcn on Expected Useful Life ran be found atvAwLhudoi. Item Date Lt Rephced Condition'Expected ReplaeetnetiL tate FxmpIe: LJip Hetr May 2010 F May -1020 Furnace UflkflO.fl -121J20 Water HeET U1IflYI'fl IrMM Kitvin Appliances 0 1-20 LaundrAppli 1-2D0 mce AJrna1 Carbon Mo ride Marms 2LI10 G 1Q23 rns FsiniSldipg IWi'12D4 Windows Roof Fence Shad nA Garage Drrveway - 1202 ldwIk 10 Other;_________ Contijn AbbrItiQn:A M--N &ztdG Fair--F R*crnntR P.511 yJ?kei c rFari, R.?. 444- City nf]Lyll Ct—Ei1i and CDrnnin!y Standards rle""ment 0:116 hln Crk Pi12, 0 e twqh Lt MN (J2 P(T]E3-33D I TTY-- 7 11 City of MIMING AND COMMUNFry STANDARDS BROORL Rnta 0 -4 7d CENTER Type III LkEnse tgn?ndVeJI1y I veiry that all infOMULCILIn provkTed Is 1uc and cIr1e. I uiderstani Lhat if ci roternp1y wIlh th approved Action PJi crnpIy with A items withn tha ticerse prd, or operate , Ey'nd the I1E'n.eexpiration d4lie, enforce-maill actions such - Cfl..31Ons. ftwrriI mpIaInt, or license rcvJw mayresult- —i JJ OEtw Agonf Ram e a rx (Pk iti PtnF) r) Siri9rjr o Nit_-- rA.9ni' NI? y!d gqx5e Fi) r-\ ( 1dditi& GW?? (if Aiprii) rity FAv D3par(n]E'f RT6 r, thicj L)prpinr -:J (ar& City Of yi and C*xiunixidty Dpir 531 Hrik Crk rc.kIji C, faqm4aj.2 J F1-ir: .-3J) YTYMVP I Fw:(Mj.-,kjr;A9-33Sb City Council Agenda Item No, lOb COUNCT{IL I[TEM MEMORANDUM DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Preliminary 2017 Property Tax Levy and Budget Recommendation: It is recommended that the City Council consider approval/adoption of two resolutions. The first resolution establishes the preliminary property tax levy for the 2017 fiscal year. This levy, upon adoption, becomes the maximum levy allowed to the City for the 2017 fiscal year. The second resolution adopts the preliminary budgets for those funds using portions of the property tax levy for operations. Background: Each year the City is required by State Law to establish a maximum levy and preliminary budget for the use of said levy. Once adopted, the City may not increase the levy but the levy may be decreased. Citizens will receive notice of the maximum levy with their tax notice in the fall. In December the City Council will hold a public hearing and adopt the final levy and the final spending plan (budget) for all funds. By City Charter the City Manager is responsible for presenting a balanced budget to the City Council. The City Council has adopted a set of fiscal policies that provide guidance and parameters for the budget. In addition the City establishes strategic priorities and success measures. Over the last few months the City Council and Financial Commission have met to review and discuss the proposed preliminary budget. Between now and December, additional review will be conducted as we establish final budgets for the General Fund and all other fund budgets. Budget Issues: The maximum levy proposed in the attached resolution for the City of Brooklyn Center is $16,194,914 which compares to $15,368,235 in 2016. The proposed dollar increase is $826,679 which is equal to 5.38%. The preliminary levy approved by the Housing and Redevelopment Authority (HRA) is $329,079 which compares to $308,518 in 2016. The dollar increase in the HRA levy is $20,561 which is equal to (6.66%). llfission: Ensuring an attractive, clean, safe, inclusive co,nniunitv that enhances the qualtv of ljfe for all people cud preserves (he public (just [i1i1IJ[iI I fl I I L'A I 1h'A Li] 1I UIJk I This increase, if adopted will have varying impacts on individual properties based on their change in taxable value. The following chart illustrates changes in taxable values between the classifications of residential, commercial, industrial, and apartments: Preliminary Taxable Market Value Estimates Class Payable 2016 Estimated 2017 Change (% Commercial $284,999,900 $302,538,000 6.2% Industrial 121,951,800 127,650,200 4.7% Residential 981,654,209 1,042,834,117 6.2% Apartment 195,603,780 213,457,800 9.1% Other/Farm 1,2 14,000 456,000 -62.4% Totals $1.585.423.689 $L686.936.117 6.4% As illustrated by the chart, increases in market value continue to be driven by residential, commercial and apartment property value increases. Most homestead residential properties will see an increase in taxable market value for the third consecutive year. Strategic Priorities: The proposed preliminary budget is intended to maintain current levels of service and prioritize the accomplishment of the City Council's strategic priorities: • Resident Economic Stability • Targeted Redevelopment • Enhanced Community Image • Inclusive Community Engagement • Strengthened and Empowered Youth • Key Infrastructure Investments IUission: Ensuring an attractive, clean, safe, i,w!usive connnunitj' that enl,ances the quality of life for all people aiidpreseives the public trust PAW - 0 (1 O - Co ci)0 cONcOcø cc2Q)to 0 ..0 (01 0) cQ(0N toNC'Jto to Co (0 NCIX)C S' C)(0 N Co 60-ua COD (O--)' t-.114- D CQ N- CO0)Q tDtO) w>N-icjc 6oCU-00 IC) 0)0) C1CLC)N N N N C")C") 2 00 C)NLf)c100 OcOC')I- CD '0(O N tO CO oo csi(o cc; Co ---CD CO 10 'ct 0) (D co CO CO C') L6 'cr0 coC")0 o)c) CO 100 1C)NO cSco' CD co CO C ea ts N'ct I IC)0) -Co co 'll 00(DC')(D CoC'(0 -C',- >>>>> >(I) (1) (1) 1 -O-0-CCC000CO cacoco Cci EEECoCoci)x p >>>IV 000 t EEE C LCL - - - (1) '5 O O ii -Li IV (1) (1) (0 Li) co(DCjci -c Ci) o 0 0 rhcp(< u)NC'JN oCD_ 0 City of Brooklyn Center 2017 Budget - General Fund Revenue Summary 2014 2015 Object Code I Description Actual Actual 2016 June 'ITO 2016 Budget 2017 Budget Change 2018 Budget 10100 GENERAL FUND PROPERTY TAXES $ 13527,862 $ 14,107,934 $7,515,656 $ 14728,749 $15,278,667 3.73% $15,275,893 TAX INCREMENTS 549,268 348,680 201,123 380,000 380,000 0.00%380,000 LODGING TAXES 914,651 1,075,425 537,889 895,000 1,050,000 17.32%1,050,000 TOTAL TAXES 14,991,781 15532,039 8,254,668 16,003,749 16,708,667 4.40%16,705,893 LICENSES 311,952 323,833 151,108 298,100 297,655 -0.15%277,655 PERMITS 709,458 535,701 279,937 508,750 430,900 -15.30%373,750 TOTAL LICENSES & PERMITS 1,021,410 859,534 431,045 806,850 728,555 -9.70%651,405 STATE 1,320,982 1,313,252 785,686 1,294,437 1,336,253 3.23%1,336,253 COUNTY -8,000 2,000 --0.00%- LOCAL 80,465 89,443 52,907 92,000 94,000 2.17%94,000 TOTAL INTERGOVERNMENTAL 1,401,447 1,410,695 840,593 1,386,437 1,430,253 3.16%1,430,253 GENERAL GOVERNMENT 208,175 180,198 88,421 148,240 120,300 -18.85%102,300 PUBLIC SAFETY 13,239 12,968 10,436 16,250 15,250 -6.15%15,250 COMMUNITY DEVELOPMENT 2,653 1,240 520 6,000 46,000 666.67%46,000 PARKS & RECREATION 256,340 232,707 119,494 254,057 257,775 1.46%260,590 COMMUNITY CENTER 330,190 322,456 241,405 388,850 394,770 1.52%399,770 TOTAL CHARGES FOR SERVICES 810,597 749,569 460,276 813,397 834,095 2.54%823,910 SPECIAL ASSESSMENTS 128,138 148,234 59,053 130,000 130,000 0.00%130,000 FINES & FORFEITURES 312,130 268,116 101,804 301,500 262,500 -12.94%262,500 INVESTMENT EARNINGS 61,760 62,276 38,646 74,526 77,990 4.65%64,990 MISCELLANEOUS 138,349 142,800 8 1,207 116,700 118,450 1.50%118,450 TRANSFERS IN 129,544 201,684 46,275 150,000 150,000 0.00%150,000 10100 GENERAL FUND REVENUES -L!4-995 1,96 $ 19,374,947 5 10,313,567 5 19,783,159 S 20,440,510 3.320/.$ 20.337.401 City of Brooklyn Center 2017 Budget - General Fund Expenditure Summary by Function 2016 2014 2015 June 2016 2017 Object Code / Description Actual Actual YTD Budget Budget Change 10100 GENERAL FUND 41110 MAYOR & COUNCIL $ 124,546 $ 123,085 $64,718 $ 120,653 $ 123,686 2.51% 41320 CITY MANAGER 352,491 349,570 227,638 355,392 448,006 26.06% 41410 ELECTIONS 107,326 75,709 61,774 128,002 93,958 -26.60% 41430 CITY CLERK 172,593 181,066 120,826 179,246 183,216 2.21% 41520 FINANCE 501,335 524,400 388,374 575,528 588,757 2.30% 41550 ASSESSING 259,591 202,443 87,226 200,825 206,000 2.58% 41610 LEGAL 403,021 427.511 240,611 454,700 435,000 -4.33% 41810 HUMAN RESOURCES 283,580 327,229 278,925 371,283 354,361 -4.56% 41920 INFORMATION TECHNOLOGY 465,200 447,731 332,547 530,041 615,585 16.14% 41940 GOVERNMENT BUILDINGS 674,063 709,588 476,166 841,331 848,964 0.91% GENERAL GOVERNMENT 3,343,746 3,368,332 2,278,805 3,757,001 3,897,533 3.74% 42110 ADMINISTRATION 288,731 320,245 183,232 306,964 316,399 3.07% 42120 INVESTIGATION 804,986 845,986 500,587 922,509 938,538 1.74% 42123 PATROL 5,064,026 5,253,688 3,507,784 5,519,123 5,692,685 3.14% 42151 SUPPORT SERVICES 791,875 851,457 592,393 955,096 1,001,710 4.88% 42170 STATION & BUILDINGS 198,390 228,932 133,237 230,714 233,101 1.03% POLICE 7,148,008 7,500,308 4,917,233 7,934,406 8,182,433 3.13% 42210 FIRE 1,089,170 1,099,745 599,507 1,271,193 1,342,498 5.61% 42510 EMERGENCY PREPAREDNESS 70,681 78,872 51,669 87,190 88,961 2.03% FIRE 1,159,851 1,178,617 651,176 1,358,383 1,431,459 5.38% 41910 PLANNING & ZONING 235,984 111,770 82,311 163,761 176,153 7.57% 42410 BUILDING INSPECTIONS 502,799 526,144 339,997 628,718 619,463 -1.47% 42411 CODE ENFORCEMENT 397,798 492,338 266,740 480,756 509,026 5.88% COMMUNITY SERVICES 1,136,581 1,130,252 689,048 1,273,235 1,304,642 2.47% 43110 ENGINEERING 805,956 742,067 507,409 857,983 902,899 5.24% 43220 STREET MAINTENANCE 1,410,331 1,307,517 889,760 1,491,953 1,496,275 0.29% 43221 TRAFFIC CONTROL 212,425 207,237 144,740 234,610 233,246 -0.58% 45201 PARK FACILITIES 893,115 926,269 605,731 1,048,343 1,045,855 -0.24% 45204 FORESTRY 94,696 98,913 59,209 102,906 108,536 5.47% PUBLIC WORKS 3,416,523 3,282,003 2,206,849 3,735,795 3,786,811 1.37% 45010 ADMINISTRATION 208,809 221,922 143,498 227,132 230,193 1.35% 45110 REC ADMINISTRATION 462,958 466,231 333,238 504,781 507,642 0.57% 45111 ADULTPROGRAMS 152,860 152,815 111,840 169,248 171,122 1.11% 45112 TEEN PROGRAMS 5,742 6,889 -12,444 6,928 -44.33% 45113 YOUTH PROGRAMS 52,834 61,856 70,394 67,073 92,841 38.42% 45119 GENERAL RECREATION 13,507 19,604 34,185 44,344 60,846 37.21% 45122 COMMUNITY CENTER 146,270 205,978 87,224 225,874 221,095 -2.12% 45124 POOL 375,826 331,783 254,826 376,588 378,295 0.45% CARS 1,418,806 1,467,078 1,035,205 1,627,484 1,668,962 2.55% 44110 JOINT POWERS 145,503 135,604 100,220 150,000 180,000 20.00% 45310 CONVENTION & TOURISM 434,459 510,827 304,424 425,125 498,750 17.32% 48140 INSURANCE 209,003 230,968 157,800 236,438 220,610 -6.69% 48150 CENTRAL SUPPLIES 155,498 219,158 145,604 142,080 132,294 -6.89% NON-DEPARTMENTAL 944,463 1,096,557 708,048 953,643 1,031,654 8.18% 48170 INTERFUND REIMBURSEMENT 1,689,822 (66,591)1,691 (1,049,324)(1,052,984) 0.35% 48210 TRANSFERS OUT 100,000 267,552 -192,536 190,000 -1.32% TRANSFERS 1,789,822 200,961 1,691 (856,788)(862,984)0.72% 10100 GENERAL FUND EXPENDITURES 20,357,800 19,224,108 12,488.055 $ 19.783.159 $ 20.440.510 3.32% Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2017 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that the preliminary property tax levy for property taxes payable in 2017 be-provided to the Hennepin County Auditor no later than September 30, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a tax is hereby levied on all taxable real and personal property within the City of Brooklyn Center for the purpose and sums as follows: General Fund - Tax Capacity Based General Tax Limited Levy Abatement Levy Subtotal for General Fund Levies Debt Service - Tax Capacity Based Public Improvement Bond Levy Total City Levy Housing and Redevelopment Authority - Market Value Based lilA Tax Levy $15,285,946 59,000 $15,344,946 $849,968 $16,194.914 5329.079 September 26, 2016 MayorDate A 1'ffiL'Cm. City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: r11.:and L1I iuiiuwiiig VUWU against same: A-here-111 non said v,'QC111fiflh1 u,qc C lr'il diii, t1 nnij ,idf'r1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2017 FISCAL YEAR WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that a preliminary budget be adopted for funds using property tax revenues along with the adoption of the preliminary property tax levy; and WHEREAS, a preliminary property tax levy of $16,194,914 has been proposed for adoption the basis for the budget proposed herewith. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following amounts be adopted as the preliminary budget for property tax supported funds appropriated as follows: REVENUES: Genercd Fund Property Taxes (net)$15,278,667 Excess Tax Increment 380,000 Sales Tax - Lodging Tax Gross Receipts 1,050,000 Licenses & Permits 728,555 Local Government Aid 775,888 Other Intergovernmental Revenues 654,365 General Government Service Charges 120,300 Recreation Fees and Charges 652,545 Public Safety Service Charges 15,250 Community Development 46,000 Fines & Forfeitures 262,500 Miscellaneous Revenues 196,440 Special Assessments 130,000 Other Financing Sources 150,000 Subtotal General Fund $20,440,510 T\ 1- Q+Debtei vice 'ifl1 3B G eneral1 riLn T. Ti J Levy 4 1 L'JIJD ueneiai JuI1gdtIun IlllpluvenleIll JDOUU Levy DJYI,'-WI 2015A General Obligation Improvement Bond Levy 246,071 2016A General Obligation Improvement Bond Levy 212436 L 1\.-L Service eQUu1O1d1 IJC'Ul. Housing and Redevelopment Authority. T (11711fIUpCILy 11ALC'Vy 3L7,U17 TOTAL BUDGETED REVENUES JILL 619.557 EXPENDITURE APPROPRIATIONS: General Fund General Government $3,048,569 General Government Buildings 848,964 Police 8,182,433 Fire & Emergency Preparedness 1,431,459 Planning & Zoning 176,153 Building and Community Standards 1,128,489 Public Works 3,786,811 Community Activities, Recreation & Services 1,668,962 Convention and Tourism 498,750 Joint Powers 190,000 Insurance 220,610 Central Supplies 132,294 Reimbursements from Other Funds (1,052,984) Transfers to Other Funds 190,000 Subtotal General Fund $20,440,510 Debt Service 2013B General Obligation Improvement Bond Levy $391,461 2015A General Obligation Improvement Bond Levy 246,071 2016A General Obligation Improvement Bond Levy 212,346 Subtotal Debt Service $849,968 Housing & Redevelopment Authority Transfer to Economic Development Authority $329,079 TOAL BUDGETED APPROPRIATIONS $21.619.557 September 26, 2016 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member andupon vote being taken thereon, the following voted in favor thereof: and the following voted against same: ,-1 4-we1eupoii cuu iuiuuuii vVa5 ueciaicu uuiy passed aflu ed. 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C 0 (0 02 0-0 Co Co C CU) E=a) a) a-cL> 'u 4-0000 C 4- a-a) a-00— °-oXD2 (\1 >=0— — C®00)(o s- E a)C 0Ouia)Ca CCo LLO -DC0(00)= CO 0 >C ..a)s_ -a)-aCo 00>0U) z a)>=(D trt i.-C — L U) '.i-( 0C ®-o o w .;; L)U)U) LL C) City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM DATE: September 19, 2016 TO: Curt Boganey, City Manager FROM: Tim Gannon, Chief of Police—iQf SUBJECT: Single Family rental license review Recommendation: It is recommended that the City Council consider license action against the property owners of 5618 Hillsview Road based on failure of the owners to enforce the provisions of the Crime Free/Drug Free Lease Addendum by scheduling a licensing hearing for the subject property on October 10th 2016. At the hearing the owner will be provided an opportunity to show why further licensing action should not be taken. Based upon a finding of facts, following a hearing the Council may revoke, suspend, decline to renew, or take no licensing action on the property. Background: On May 19, 2016, Police staff was made aware of an incident at 5618 Hillsview Road, which is a single family rental property in Brooklyn Center. During an investigation into an aggravated robbery that had just occurred detectives applied for and were granted a search warrant for that property. During the execution of that search, officers located marijuana in three different locations throughout the home including in the master bedroom belonging to the renter. This was the second such discovery of drugs in the rental property. On April 12, 2015, a similar search warrant was executed at the same address. Marijuana was found in the property at that time. It was also found that the same renters were on the lease during both police actions. After the second incident a thorough review of the rental license and lease agreements were done. It was found that the property has a Type 2 rental license and is required not only to have a Crime Free/Drug Free Addendum but they must enforce it. A Type I rental license recommends elements of the crime free housing but does not require it. Type 2, 3, and 4 all require the elements of crime free housing. Our position is that enforcement of crime free housing addendum requires the landlord to actively pursue eviction of the tenant, The property owners have retained legal counsel and subsequently refused to take action against the tenant. Section 12-910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON-RENEWAL. Grounds for License Action. The Council may revoke, suspend, or decline to renew any license issued under this Chapter upon any of the following grounds: failure to actively pursue the eviction of tenants who have violated the provision of this Chapter or Crime Free Lease Addendum or have otherwise created a public nuisance in violation of City, state, or Mission: Ensuring tin attractive, dean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM applicable laws. The property owner's attorney's response and City Attorney Troy Gilchrist's response is included for your review, in addition to a copy of the signed lease addendum, and a copy of our Crime Free Housing Program 12-914 (please review page 4). The final documents included are the search warrant applications and affidavits that document the marijuana and digital scales that were found and inventoried from the property. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community. Attachments: The following documents were reviewed prior to this recommendation to Council. 1.Property Owner's attorney's letter response (dated 6/24/16). 2.City Attorney Troy Gilchrist's response (dated 7/29/16). 3.Signed copy of the Drug Free! Crime Free Addendum (dated 7/12/13). 4.(2) Search warrant affidavits. 5. Relevant 12-900 City Ordinances. Mission: Ensuring an attractive, clean, safe coin/nunhty (liar enhances the quality of life and preserves the public (rust FaegreBD.com FAEGRE BAKER USA UK CHINADNIELS William I. Killion +1612 766 7671 wllIiam,kiIllonFaegret3D,com Faegre Baker Daniels LIP 2200 Wells Fargo Center. 90 South Seventh Street Minneapolis. Minnesota 55402-3901 Phone +1612 766 7000 Fax +1612 766 1600 June 24, 2016 VIA EMAIL Tim Gannon Chief of Police Brooklyn Center Police Department 6645 Humboldt Ave. N. Brooklyn Center, MN 55430 tgannonci.brooklyn-center.mn .US Re Morlock Property at 5618 Hillsview Road, Brooklyn Center, MN Dear Chief Gannon: As you know, we represent Bob and Nita Morlock as it relates to their rental property at 5618 Hillsview Road in Brooklyn Center, I have reviewed the materials that you have sent to me - the city ordinances governing the City's "Crime Free Housing Program" and selected police records (and a summary of the records). In addition, I have reviewed all relevant sections of Chapter 12 of the Brooklyn Center Ordinance entitled "Building Maintenance and Occupancy," as well as Chapter 19 of the ordinances entitled "Public Nuisance and Petty Offenses." Based on this review, it is my opinion that the Morlocks are not legally required to either terminate the lease for Hillsview or to evict the tenant of the rental property. I asked you in an email message yesterday to clarify the position of the Department regarding the City's right to require termination or eviction. I asked this question because my sense is that the Department may consider the City a third-party beneficiary of the Addendum with a right to enforce its terms, even to the point of forcing the landlord to evict a tenant. Maybe this is not your position, but I share with you that I find nothing in the Addendum indicating that the City is an intended beneficiary under the Addendum with a right to force termination and eviction. The City's standard addendum and the one at issue here states that the "Resident, any members of the resident's household or a guest or other person under the resident's control shall not engage in illegal activity, including drug-related illegal activity, on or near the said premises." It further provides that the "Resident or members of the household will not permit the dwelling to be used for, or to facilitate illegal activity, including drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the household." It also states that a "VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD us.10683303 5.03 Tim Gannon Page 2 June 24, 2016 CAUSE FOR TERMINATION OF TENANCY" and that "a single violation of any of the provisions of this added addendum shall be deemed a serious violation and material non-compliance with the lease" Significantly, the landlord is not required to terminate a lease or evict a tenant who violates these terms. It says, instead, that the breach gives the Landlord "good cause for termination of the tenancy." Having good cause to terminate and actually terminating are two different things. A landlord may still elect, for any variety of reasons, not to terminate the lease, notwithstanding a breach. It is a settled rule of law in Minnesota that one party to an agreement may waive a material breach by the other party. For example, a landlord generally waives the right to terminate if it accepts rental payments from a tenant after a material breach. Even if the City is a third-party beneficiary of the Addendum, the decision whether to act on a breach is left with the landlord, not the City. I also believe that the tenant must know, or have reason to know, of the illegal activity. A tenant is not a guarantor, for example, that no one will possess a controlled substance while on the premises. The tenant must "permit" the illegal activity and the tenant must control the perpetrator. A legal maxim is that words are typically given their ordinary meaning. The Collier's English Dictionary defines "permit" as "to consent to or to tolerate," "Permit" implies knowledge of the thing permitted. A tenant who does not know of the illegal activity cannot have permitted it to happen. Here, there is no evidence that the tenant knew of the illegal activity in 2016 and therefore no evidence that she permitted it. Nor is there any evidence that the tenant "controlled" the person charged with illegal activity. Although the City Council may not force a landlord to evict a tenant, it may consider the landlord's failure to evict in deciding whether to revoke, suspend, or not renew a license. . Section 12- 910(3)(g) states that the Council "may revoke, suspend, or decline to renew any license issued under this Chapter upon . . , failure to actively , pursue the eviction of tenants who have violated the provisions of this Chapter or ('rime Free Lease Addendum or have otherwise created a public nuisance in violation of City, state, or applicable laws." (Emphasis added.) The City must first find that an illegal activity occurred on the premises of which the tenant was aware by someone under the tenant's control. This means that the City must specifically find that the tenant knew of the illegal activity and "permitted" it. It must identify the facts supporting the conclusion. Even then, the City is not duty-bound revoke a license just because the landlord has not evicted a tenant who permitted the illegal conduct and therefore breached the Addendum. The ordinance says that it "may" - not that it must revoke the license. And Chapter 12 sets forth detailed procedures that the City must follow when considering the revocation, suspension, or nonrenewal of a license by reason of a landlord's failure to evict. Further evidence that the Council is not required to revoke a license because of a failure to evict is the due process requirements set forth in Section 12-910(5). This section states as follows: Notification, Hearing, and Decision Basis. a.Written Notice, Hearing. A decision to revoke, suspend, deny, or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny, or not renew a license. b.Decision Basis, The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and us.106833035.03 Tim Gannon Page 3 June 24, 2016 good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. Section 12-910(5) does not permit the City to summarily revoke a license because of a failure to evict. The City Manager must first bring the issue before the Council, and as discussed below, the City Manager has the option of not presenting the issue to the City Council and thereby waiving revocation of a license. If the City Manager does present the issue to the Council, the Council must hold a hearing to decide whether the failure to evict justifies revocation. Finally, the Council must make written findings supporting its decision after giving "due regard" to various pressure points. As noted, the City Manager (who is charged with bringing issues of noncompliance before the City Council) is not duty-bound to bring a failure to evict before the Council. According to Section 12- 9 11(5), "at any time during a license period, if a rental property does not meet or exceed the criteria established for the current license Type, the license may be brought forth to the City Council for consideration of license suspension, revocation, and/or license Type review," (Emphasis added.) Indeed, the ordinances set forth specific procedures that the City Manager must follow before bringing the revocation of a license before the City Council: According to Section 12-911(2): Upon determination by the City Manager or the Manager's authorized designee that a licensed premises was used in a disorderly manner, as described in paragraph 1, the City Manager shall take the following actions: For a first instance of disorderly use of licensed premise a notice shall he provided to the licensee of the violation directing the licensee to take steps to prevent further violations. If a second instance of disorderly use of the licensed premises occurs within a twelve (12) month time period for the same tenancy, the City Manager or the Manager's authorized designee shall notify the licensee of the violation and require the licensee to submit a written report of the actions taken, and proposed actions to be taken by the licensee to prevent further disorderly use of the premises. The licensee shall submit a written report to the City Manager or the Manager's authorized designee within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises. c. If a third instance of disorderly use of the licensed premises occurs within a twelve (12) month time period from the first disorderly violation for the same tenancy, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this Section shall be initiated by the City Manager or the Manager's authorized designee who shall give the licensee written notice of a hearing before the City Council to consider such denial, revocation suspension, or nonrenewal. The written notice shall specify all violations of this Section, and shall state the date, time, place, and purpose of the hearing. Here the City Manager has followed none of these conditions to the City Council considering the revocation of a license. Indeed, we have here just one alleged violation over a 12-month period. The City Manager may not present revocation unless there are three instances over the course of a 12-month period. US. 106833035.03 Tim Gannon Page 4 June 24, 2016 Ultimately, the eviction issue comes down to a judgment call by various decision makers. The first is the landlord who must decide whether to act on the good cause breach of the Addendum. Next is the City Manager who may choose not to bring the issue before the Council. Finally, the Council must decide whether the failure to evict warrants revocation after a hearing. In my view, a prudent landlord must exercise caution in responding to an apparent violation of the Addendum, and the City Manager and Council must act similarly. This is especially true given the vagaries of the legal process surrounding an eviction, A landlord may not force a tenant to vacate premises without a court order obtained through an unlawful detainer action, In accordance with the Crime Free Addendum, the landlord must prove that someone engaged in drug-related illegal conduct on the premises and that the tenant either committed the wrong or permitted a third party to do so. As a trial lawyer, I can attest that this is not always an easy process. Where, as here, the facts surrounding the investigation of the alleged offense are not a part of the public record, as you have stated, a landlord faces an uphill and expensive battle in proving a breach of the Addendum. And even if the landlord can prove a violation, issues of estoppel, waiver, intent, knowledge of the illegal activity, discrimination against people of color, and the like can certainly complicate the process. The myriad of legal and practical problems attendant to forcing eviction are addressed in an August 2013 paper by Emily Werth entitled "The Cost of Being 'Crime Free': Legal and Practical Consequences of Crime Free Rental Housing and Nuisance P r operty Ordinances," available at Ultimately, courts and juries are not anxious to force a tenant to leave a home where, as here, the tenant has lived there for a long time, the offense is possession of marijuana and paraphernalia, and it was a third party who engaged in the illegal activity. It is for this reason that the Morlocks have, in good faith, reached out to the tenant to minimize the likelihood of future misconduct on the premises. The tenant, Jeneda Jefferson, has promised to do her best to avoid the presence of illegal activity in her home. According to Ms. Jefferson: I Jeneda Jefferson will not allow any trouble in my home. I will not bring marijuana in my home or allow my children to. I have talked to my children and they understand that our home is a drug free and crime free home. I h ave let my visitors know that 5618 I-Iillsview Rd is a drug free home and they will be asked to leave if I feel that they are not following my rules at my home. Ms. Jefferson's commitment covers the various elements that the Council must consider in deciding whether to revoke a license. US,106833035.03 Tim Gannon Page 5 June 24, 2016 I appreciate this opportunity to respond to your request for eviction and invite you to share any questions or concerns that you may have. Very truly yours,LFRE BAKIERI NIELS LLIP William L. Killion WLK: d aukm US. 106333035.0.1 US, 106833035.03 m's Offices in 470 U.S. Bank Man 200 Somh Sixrh Sum --NU -.SItflt Paul (61 2) 337-930(1 ekphmwME(((7) 337-93(0e0z-Cloud Www.kennecty-gYencoIu C H A R T Affirmative Action, Etmi( Oppo rwnity Employer (ROY J. GILCIIRST Atiorno at Law Direct Dial (012)337-92(4 linmil Ig)IchriaI(1)k±flItCd\.gIUt -L'fl Coal Also Si. Cloud I 501 W. Ucmoruin St reCI, SUIIC 301 SI (loud, MN ,6301 (320) 249-8290 July 29, 2016 William L. Killion Faegre Baker Daniels LLP 220 Wells Fargo Centel - 90 South Seventh Street Minneapolis, MN 55402-3901 \villiam,killion@,FaegreBD.com RE: Morloek Property at 56 18 Hillsvicw Road, Brooklyn Center, MN ("Property") Dear Ivir, Killion, The City received your letter doled June 24, 2016 regarding the aforementioned property owned by your clients Bob and Nita Morlock ("Morlocks"), In your letter you conclude that the Morlocks are not legally required to terminate or evict the tenant of the Property. I address each of your legal arguments below. (1) City As In,'ejidecl BenefIciary You ask whether the City is the intended Beneficiary of the Addendum. The Addendum is the City Code requirement that seeks, in part, to support the purpose of the Section 12-900 et seq. See below: Section 12-900. PURPOSE. It is the purpose of this Chapter to assure that rental housing in the City is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is ii business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that tile citizens of the City Who occupy such units may pursue the quiet enjoyment of the normal activities of life iii surroundings that are: sale, secure and sanitary; fee 1101(1 noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. 4328$$0 NUM 011291-16 Killion Letter Jill)' 29, 2016 Page 2 The intended beneficiary of the Addendum, and the City's rental licensing requirements in genera], are the neighborhoods and community members of the City of Brooklyn Center. (2) Obligation To Terminate Tenant The City does not disagree that the Addendum contains the phrase "good cause" and that it is not one in the same with termination. However, the statement in clause 96 of the Addendum puts the tenant on unequivocal notice that a violation of the Addendum is a material violation of the lease and grounds for termination of the lease or an eviction such that the landlord (and rental licensee) could terminate its lease with the tenant for a violation of the Addendum. Furthermore, the landlords included the language of the Addendum in their lease with the tenant at paragraph 31, which includes similar "good cause" language as the Addendum, This suggests that the landlords are already generally inclined to utilize a lease termination for the caine unlawful activities as are required by the Addendum. ('3) Tenant A'Ius' Know Qf the 1/legal Aclivity In your letter, you assert that the tenant must know, or have reason to know, of the illegal activity. During the second search of the Properly, drugs were found in the tenant's safe. So, this strongly suggests that the drugs were not a guest's drugs or that the Morlocks opened their safe to store the tenant's or a guest's drugs in the safe. (4)Council May Ac! On License/br Failure 10.11C(Nell) Pursue the Termination a/Tenants As with all City issued licenses, the City exercises discretion in the revocation, suspension, denial, or nonrenewal of a rental license. The Council provides the licensee with an opportunity to be heard ) evaluates the evidence based on the factors set forth in the City Code, and then acts. The Council does not summarily revoke a license. However, if upon a staff recommendation and after the licensee has been given the opportunity to be a heard, City Code section 12-91 0(3))(g) allows the City Council to revoke, suspend, or decline to renew a rental license for "failure to actively pursue the eviction of tenants who have violated the provision of this. Chapter or Crime Free Lease Addendum or have otherwise created a public nuisance in violation of City, state, or applicable laws," The basis for the Council's action to revoke, suspend, deny, or not renew is provided in writing. (5)Three strikes vs, single via milan of 'the Addencli.im Section 12-911 of the City Code sets forth requirements of the licensee to see that any tenant occupying the licensed premises does not have disorderly conduct (ranging from loud parlies to terroristic threts). By comparison, Section 12-914 provides that there are certain nets (drug related illegal activity) that require the termination of specific tenant for a single violation. The Addendum specifically provides that a single drug related illegal activity is sufficient basis to be terminated from the lease. The specific overrides the general. 45288Sv3 M.IM l3R29)-1( Killion Letter July 29, 2016 Page 3 The result oF our review is that the rental license issued by the City For [he property is subject to revocation under Section 12-910(3)(g) if the Morlocks fail to exercise their rights under the lease to actively pursue the eviction of the tenants. Please let me know how your clients' intend to proceed in this matter. Very truly yours, Troy Gilchrist cc: City of Brooklyn Center 4825850 NUM BR29-I6 .). J.\ucJ_LL U 1 UUL.I. J.L illegal activity, including drug.xelated illega such activity -1 - s a member of the household 4. Resident or minbera of the household wilt drs Ibat on whether n or near Th ResIdent. Iirt uiem1rbsi'dnt'.hods shall not ënac in acts of violence orthxc vily, regardless or whether the individuat engaging Li gage in the inanu&cturc, sale or ditrihution of illegal clung. unit.:preiiises pr.othrwic. or a guest or Other ieinon .under.thein8dElVS control fviolen, including but 4.6j.. limited to the nnlawful gang aotivhy ititimidalioii, or any other breach of the altE. safety or welfare of thc landlord, his . agents or State of Minnesota District Court County of Hennepin 4th Judicial District Prosecutor File No. I 6A05727 Court File No. 27-CR-16-13567 ..... State of Minnesota, COMPLAINT Plaintiff, Order of Detention vs. JAISHAWN THADDEUS JEFFERSON DOS: 0412I1998 5618 HILLSVIEW RD BROOKLYN CENTER, MN 55430 Defendant.H The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: Aggravated Robbe1st Degree Minnesota Statute: 609.245,1, with reference to: 609.245.1, 609,05.1 Maximum Sentence: 20 YEARS AND/OR $35,000 Offense Level: Felony Offense Date (on or about): 05/19/2016 Control #(ICR#): 16001757 Charge Description: That on or about 5119/2016, in Brooklyn Center, Hennepin County, Minnesota, JAISHA\NN THADDEUS JEFFERSON, either directly or as an accomplice, took personal property from the person or in the presence of B.P,, knowing that he was not entitled to the property and used and/or threatened Ihe imminent use of force against S.F. to overcome his resistance or powers of resistance to or to compel acquiescence in the taking or carrying away of the property, while using an article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon. STATEMENT OF PROBABLE CAUSE Complainant has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On May 19, 2016 shortly after 11:30 am., Brooklyn Center police officers responded to a report of an armed robbery that had just occurred near the CenterBrook Golf Course located at 5500 Lilac Drive, Brooklyn Center, Hennepin County, Minnesota The police dispatcher advised the responding officers that the adult male victim, twenty-three year old B. P., had followed his three male assailants as they ran eventually into a house located about four blocks from the crime scene at 5618 Hillsview Road, Brooklyn Center. The officers located B.P. in the area of this house and learned from him that the three assailants had not left the house since their arrival a short time ago. He indicated that he had been walking through the parking lot of the golf course when he was approached by a male who requested a cigarette. After receiving the requested cigarette, this male suddenly pulled out a black and silver colored pistol which he pointed at B.P. As the assailant was doing so, he was quickly joined by two juvenile males who were yelling gang challenges at BR as they joined their gun wielding companion. While pointing this pistol at B.P. the assailant demanded that he give up '. .. all his shit," B.P. told the officers that he handed over about fifty dollars in cash as well as three small baggies of marijuana. After doing so, the three assailants ran from the area. As they did so, B,P. realized that the pistol used by the first assailant was actually a BB gun. Consequently, B.P. decided to follow after his assailants. During this pursuit, the assailant with the pistol turned and fired the pistol at BR, striking him on one of his legs with the discharged BB. The three assailants then ran into the above noted residence. B. P. provided the officers with a specific description of the clothing worn by each of the assailants, along with a description of each assailant's physical characteristics, The officers were familiar with this house and several of the residents to include an adult male identified as Jaishawn Thaddeus Jefferson, Defendant herein. After establishing a perimeter around the house, the officers noted that two females and a male exited the house. Officers recognized one of the females as the mother of Defendant. When initially questioned about who was in the house, she indicated that there was no one inside the house. After agreeing to call Defendant, she did so and moments later he also exited the house together with two other juvenile males, later identified as seventeen year old D.M.C. and seventeen year old D.R.B. B.P. was provided an opportunity to participate in an on-scene identification procedure. While doing so, he positively identified Defendant as the individual who had confronted him with the pistol 2 and demanded his property. ftP. also positively identified D.M.C. and D.R.B. as the two other assailants who had joined Defendant in challenging B.P. with gang challenges as Defendant held B. P. at gun point while ordering him to give up his property. During a subsequent search of the residence, officers located items of clothing that matched the description provided by the victim of the clothing worn by his assailants. The officers also located a bag of marijuana in a main level bedroom as well as more marijuana in a safe found in safe a basement bedroom. 3 SIGNATURES AND APPROVALS Complainant requests that Defendant, subject to bail or conditions of release, be: (1)arrested or that other lawful steps be taken to obtain Defendants appearance in court; or (2)detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. Complainant declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. § 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant Terry Olson Electronically Signed: Detective 05/20/2016 02:22 PM 6645 Humboldt Avenue N Hennepin County, Minnesota Brooklyn Center, MN 55430 Badge: 114 Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Anne Taylor Electronically Signed: 300 8 6th St 05/20/2016 02:16 PM Minneapolis, MN 55487 (612) 348-5550 4 FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant's arrest or other lawful steps be taken to obtain Defendant's appearance in court, or Defendant's detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense(s). LI SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on -at - AM/PM before the above-named court at 401 Fourth Avenue 5, MinneapoliS, MN 55415 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I order, in the name of the State of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer Is available to be dealt with according to law. LI Execute in MN Only n Execute Nationwide 0 Execute in Border Stales ORDER OF DETENTION Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $100,000.00 Conditions of Release: This complaint, duly subscribed and sworn to or signed under penalty of perjury. Is issued by the undersigned Judicial Officer as of the following date: May 20, 2016. Judicial Officer Ronald L. Abrams Electronically Signed: 0512012016 03:09 PM Judge Sworn testimony has been given before the Judicial Officer by the following witnesses: .:..r;:flr - COUNTY OF HEI'JNEPIN STATE OF MINNESOTA State of Minnesota Plaintiff LAW ENFORCEMENT OFFICER RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Order of VS. Detention upon the Defendant herein named. JAISHAWN THADDEUS JEFFERSON Signature of Authorized Service Agent: Defendant STATE OF MINNESOTA, COUNTY OF HE NNE' DISTRICT COURT STATE OF MINNESOTA ) - APPLICATION FOR ) SS: SEARCH WARRANT AND COUNTY OF BE' NNE ) SUPPORTING Art FAD Detective Terry Olson being first duly sworn upon oath, hereby makes application to this Court for a warrant to search the (premises) hereinafter described, for the property and things hereinafter described Affiant knows the contents of this application and supporting affidavit, and the statements herein are true to the affiant's own knowledge ) save as to such as are herein stated on information and belief, and as to those, affiant believes them to be true, Affiant has good reason to believe, and does believe, that the following described properly to wit: 1) Black and chrome pistol 2.) Any and all oilier firearms and firearms-related accessories Including but not limited to ammunition, magazines, and eases 3)Any and all united states currency 4)Any and all marijuana 5)Black North Face jacket 6)Black denim jeans 7) White t-shirt •8) Black cargo shorts 9)Blackhorts 10)Mail and other documents which demonstrate residency and also constructive possession of the other items sought (are) (at the premises) described as: Premises Singlc..Familyliome located at 5618 I-Iillsview Road ) including garage, sheds, and any other structures on the property Located in the City of Brooklyn Center, County of Hennepin, and State of Minnesota. Your affiant applies for issuance of a search w a rrant upon the following grounds: 1:The property described above was stolen or embezzled. 2:The property described above was used as a means of committing a crime 3:The possession of the property described above constitutes a crime 4:The property described above is in the possession of a person with intent to use such property as a means of committing a crime. 5: The property described above constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime. Your affiant has been a licensed Peace Officer working in Minnesota shce 1990, and is currently employed as a Police Detective by the City of Brooklyn Center. Your affiant hs worked a variety of patrol and investigative assignments Your affiant has received specialized training relating to many types of criminal investigations. Your affiant has conducted thousands of successful investigations, many resulting in convictions in state and federal courts. On May 2016 at approximately 113 a.m. members of the Brooklyn Center Police Department responded to investigate a reported robbery of person which occurred at the Center Brook Golf Course, 5500 Lilac Drive—located withinthb City of Brooklyn Center, County of Hennepin, and State of Minnesota Officers learned that the victim was approached by three males, all being black, and approximately 16 years of age. One was armed with a pistol which the victim believes to be a BB gun. That suspect was described as approximately 5'-08" tall ) thin build, wearing a black North Face jacket and blaokj cans. He reportedly robbed the victim after placing him at gunpoint. The second of the suspects was described as approximately 6'-00" tall, wearing a -white t-shirt, and in possession of a dog. The third of the suspects was described as approximately 5'08" tall, wearing no shirt and black shorts. The second and third suspects participated in the robbery by intimidating the victim verbally. All three suspects. made reference to their gang affiliations as they shouted at the victim. The primary suspect reportedly produced the pistol, pointing it at the victim and telling him to hand over his belongings. The victim did, giving this suspect approximately $50 in cash and three small bags of marijuana. The suspects fled on foot, chased by the victim who followed them to 5618 Hillsview Road, As the victim chased them the suspect aimed with the pistol fired at the victim, striking him in the leg. They entered the back door at the residence and the victim believes that they remain there at time of this application. Officers arrived in the area of the suspect residence, observing males who generally meet the suspect descriptions looking out of the windows. While the suspect residence was 'under surveillance persons meeting the suspect descriptions, and other persons, were detained as they left. The victim positively identified three males who were among those who left the residence as the persons who committed the robbery. All had changed some or all df their clothing aocordingto the victim. Your affiant knows that the suspect residence is that of a Jaishawn Thaddeus Jefferson— DOB: 04-214998. Your affiant knows Jefferson to be actively involved in gang and criminal activities. Subscribed a swori o before sue /q*!d ayo f ,2t Your affiant knows that Jefferson was arrested fox committing a very similar robbery in early-April, 2016 approximately one block south of the location of this robbery. Jefferson was among the suspects positively identified by the victim, who also confirmed that Jefferson was the suspect who had been aimed with the pistol and fired it at him. Your affiant believes that the pistol that was used in commission of this robbery; the clothing that the suspects wore; and also the items and materials that they took from the victim are in the premises described, As a result, your affiant requests a Warrant be issued authorizing the immediate search of the described premises and persons for the property and things described. WHEREFORE, Affiant requests a search warrant be issued, commanding Detective Terry Olson) and all other Officers under his direction and control, Peace Officers, of the State of Mini esota, to (enter with announcement of authority and purpose) (between the hours of 7:00 am, and 8:00 p.m only) to search the (premises) described above for the property described above, RECEIPT, INVENTORY AND RETURN 3-1 STATE OF MINNESOTA, COUNTY OF___ _____ COURT RECEIPT, INVENTORY AND RETURN received the attached search warrant Issued by the , on O5' /? Lb (yr)and have executed It as follows: Pursuant to said warrant, on _____________ 2___2i9 LL (yr) at 3O o'clock ,$. m., I searched the (premises) (mocvehic1e(per's-en) described in said warrant, and left a true and correct copy of sa idrwa r ran t _&___, i,- I ,' i i )A i ,. ' A ,. (with) (in) (at) I took into custody the property and things listed below: (attach and identify additional sheet if necessary) 0 AJoj r-469 t '114 M e^' 54&fl 4M I ,4AIQg)e _____- RA 71 ) Li )'6 ii4 (' ( (( rj,q ik Strike when appropriate: Subscribed and sworn to before me this I tell e receIpt for the properly and things listed above with a copy of the warrant, day of_____________ (yr) "nenHllema-so{etheso3rohwswent-wefe-foeed- I shalt (retain) or (deliver) custody of said property an directed by Court order, Notary Public County, MN being first duly sworn, My commission expires Upon oath, depose and say thai I have read the foregoing receIpt, inventory and return and the matters stated are true and correct, except as to such matters stated therein on Information and belief, and as to those, I believe them to be true, Signature COURT WHITE COPY • PROS, ATTY - YELLOW COPY PEACE OFFICER - PINK COPY PREMISES/PERSON - GOLD COPY 5103 © Minnesota County Attorneys Association E00 0 fn 10 oWLL (U Co (0 0 C CN 0) 0) 0) IC) to to a)0 C)0 111CC)COCCCICU)(CCC:)U) 'p 1E'2>W C:>'6W (U>W 21 n ZU)0::0 CD ZLULU ILL(9cr'0C II- 11j ci:0-J 0 cia.Z 0 0 (U I-'10 0) 11)a)=D .0.0 C- (1)0 .0 hO Q)—.0 .0=-.0 O) 0).0.0 -co 0 __ .0= 0 0 1') 0 0'U (I) 0) 'ci 0 ,0) o EajELo Cl) CCCIn (0(0 (0 CD CN0) 0) (C) tO (0 co C:a) Na a)U> cj> (UIn a)'tWLLCC000LO z C.) 113 0) CD0 Z :z .i0 0WI -J Ca. 0 N CO U) (') (11.0.0 .0o 011:: P (0 (0 0 0 IN C') 0) I-n C0ci) U)0C:a) 4-' 2 a)0C:II)'U -I InI CD 00 10 a)0 .0 .0.0 C) 0 zIn 000 NI E00 ICC11) if.a) '5 1 c0-' 0 in (() 0 E00 lila) .a) '(U co 0-Cl) (I) C E00 lila)(c0 :a) > _I Cii -> 0 E00 (Ua) a) DO to 10 0) 0 CU0 co.c LO? 2 (0 0N0) I!) 2C: IC)-ci E•; iw g 0 '010 0(I)C)) UIt'i 0 'OO 0U 0 r cUcLoo03 C oj ::o 0 E IC)tto ci a (0 (1)(0 Oh 1:01:')0)0 0) IC)c:: CL ,0,cL (U0)a) 'I::: IID0LLIC, CLC0ryOo ()0 C > o CD o a) N0 E _-iONWI C) LoI... 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SUPPORTING AFFIDAVIT , COUNTY OP BENNEPIN Detective Charles Valleau, being duly sworn npoa oath, hereby snakes application to this Court for a warrant to search the Premises, hereinafter described, for the property and things hereinafter described Affiant knows the contents of this application and supporting affidavit, and the statements herein are true of his/her own knowledge, save as to such as are herein stated on information and belief, and as to those, he/she believes them to be true. Affiant has good reason to believe, and does believe, that the following described property and things, to wit: Authority to take photographs of the premises and property Inside and surrounding the premises - Documents, Photographs, cell phones, oi other paperwork or electronic devices that tend to show ownership/renter of the premises or fends to show ownership, possessloit, or constructive possession of the evidence, - Cell phone hearing phone number 612998-4189. - permission to examine recovered call Phones- - Pizza Hot boxes, Pizza lint delivery bag, and Pizza Hut receipts. - Pack of Pall Mall cigarettes. Are at the premises described as: 8618 Hillaview Road, a single family residence including garage, sheds, and outbuildings. located in the City of Brooklyn Center, County ofHennopin, and State of Minnesota. This affiant applies for issuance of a search warrant upon the following grounds: - The property above-described constitutes evidence which tends to show a crime has been committed, or tends to s h ow that a particular parson has committed a crime, The facts tending to establish the foregoing grounds for issuance of a search warrant are as follows: Your affiant, Detective Charles Valleau, is a licensed Peace Officer in the State of Minnesota and Is employed as a detective by the City of Brooklyn Center Police Department. Detective Vallcau, with more than fifteen years of police experience, is currently assigned to investigate various crimes which occur within the jurisdiction of the City of Brooklyn Center, Hennepin County, Minnesota. Acting in this capacity, your affiant gives the following information, On 011/12/2015 at 2042 hours, officers with the Brooklyn Center Police Department were dispatched to a robbery that occurred at 5305 Russell AveN in Brooklyn Center, Hennepin County Officers arrived and spoke to the victim J.R, He told officers several black males attacked him by the complex and took money and pizza from him. The victim told officers the address on the delivery was not a correct address. The pizza order was at 5403 Russell AvoN which does not exist. The victim went behind the apartment complex at 5305 Russell since that was the only apartment com plok in the area. Time victim described the robbery suspects as black mates In their teens, He described one male a wearing a dark jacicet with a fisherman's hat. The suspects punched the victim in his face which required eniergoncy treatment at North Memorial. The victim has possible broken facial bones Officers wo.rking that night Were contacted by a witness who remembered seeing black males running to the address of 5330 Queen Ave around tlìo time of the robbery, Officers we:'e familiar with this address due to recent contact COPIES TO: COURT PROS,ATTY o PEACS OFFICER Application 1-2 with a group of juvenile males who hangout at this address and have been suspects in previous violent crime in [lee area, Officers setup surveillance in the area and observed two black males walking up to the address of 5330 Queen Ave Officers observed the males matched the description of the suspects in the robbery and one was wearing a fisherman's hat. Those males were later arrested and booked for the robbery, Officers made contact at 5330 Queen and Identified four other possible suspects who matched the description of the robbery suspects. One of the males was identified The victim was already being treated at the hospital and was unable to view these suspects in a show up Your a ffi a nt contacted Pizza Hut and learned either Id showed the pizza order was made from cell phone 612-998- 4189, Your affiant [earned this is a Sprint ce ll phone which lists to a partial name of Jeneda Jeffersu. Your affiant learned .mothor's name is Jeneda Jefferson. Your affiant obtained a search warrant signed by Judge Fraser in Hennepin County District Court to obtain the subscriber information front. Sprint for cell phone number 612-998-4189, Your affiant executed this warrant and learned the phone was owned by Jencda Jefferson at 5618 Hillsview Road in Brooklyn (enter, On 04/23/2015, your affiant mont with the victim and showed him a sequential photo lineup which contained a picture of suspect - The victim i:nmediately identified as one of the nudes who robbed him. On 04/23/2015, was arrested by officers of the Brooklyn Center Police Deportment. He told officers in a post-Miranda interview he was not there during the robbery and his phone was not used to order the pizza. Based on the above information your affiant rospeotfilIy requests permission to search the above listed places for the above listed items. Your affiant believes recovery of the above listed items will hell) demonstrate, M'aS involved with the robbery. VTl-II1R.EFORB, Affiant requests a search warrant be issued, commanding Detective Charles Valleau, (a) peace officer(s), of the State of Minnesota, and all other personnel under your'dii'cetiou and control between the hours of 1:00 n.m. used 8:00 p.01. only to searckthehsrainbefore described Premises, for the described property and things and to seize said property and things and keep said property and things in custody until the same be dealt with according to law. Affiant: Detective Charles Valleau Subscribed and sworn to before me this day o f,20L(_1I Judge of Districtr4w,45 taY COPIES TO: CO -UlCr 11 PROS.ATTY o PEACE OFFICER Warrant 1-1 S}jARCR WARRANT STATE OF Mll4NBSOTA, COUNTY OF HENNEPIN DISTRICT COURT TO: DETECTIVE CHARLES VALLEAU, (A) PEACE OFFICER(S) OF THE STATE OF IvUNNESOTA. 'HERBAS, DETECTIVE CHARLES VALLEAIJ has this day on oath, made application to the said Court applying for issuance of a search warrant to search the following described premises; 5618 Hillsvtaw Road, a single family residence including garage, sheds, mid outbuilding& located in the City of Brooklyn Center, County of Hennepin, STATE OF MINNESOTA for the following described property and things: Authority to fake photographs of the premises and propertyinslde and surrounding the premises - Documents, Photographs, cell phones, or other paperwork or electronic devices that tend to show owneralsip/renter of the premises or tends to show ownership, possession, or constructive possession of the evidinlee. Cell phone bearing phone number 617-998-4189. -'p ermission to examine recovered cell phones. -Pizza Hut boxes, Pizza Hut delivery bag, and Pizza Rut receipts. - Pock 00811 Milli cigarettes. V/IRBAS, the application and supporting affidavit of Detective Charles V a tican was/were duly presented and read by the Court, and being fully advised in the premises NOW, TIREPORE, the Court finds that probable cause exists for the Issuance of a search warrant upon The following grounds: - The property above-described constitutes evidene winch tends to show a crime has been committed, or tends hi show that a particular person has committed a crime. The Court further finds that probable cause exists to believe that the above-described property and things uvill be at the above-described premises. The Court further finds that entry without announcement of authority or purpose is necessary to prevent the loss, destruction, or removal of the objects of said search and to protect the safety of the peace officers NOW, THEREFORE, YOU DETECTIVE CHARLES VALLEAU TIlE PEACE OFFICER(S) APORESA,ID, AND ALL OTHER PERSONNEL UNDER YOUR DIRECTION AND CONTROL ARE HEREBY COMMANDED) BETWEEN TBE HOURS OP 7:00 A,M. AND 8:00 P.M. ONLY TO SEARCH THE DESCRIBED PREMISES, FOR THE ABOVE-DESCRIBED PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS AND TO RETAIN THEM IN CUSTODY SUBJECT TO COURT ORDER AND ACCORDING TO LA-W, cOURT: Dated: YODO OF DISTEIC' URT ,2df 1( COPIES TO: COURT o PROS XITY a PEACE OFFICER t, PREMISES/PERSON Warrant 1-1 SEARCH WARRANT STATE OF MINNESOTA, COUNTY OF HBNNBPIN DISTRICT COURT TO; DETECTIVE CHAELIiS VALLEAIJ, (A) PEACE OFFICER(S) OF THE STATE OF MINNESOTA, WHEREAS, DETECTIVE CHABLES VALLIIAU 'has this day on oath ) made application to the said Court applying for issuance of a search warrant to search the following described premises; 5618 Hullsview Road, a single family residence including garage, sheds, end outbuildings, located in the City of Brooklyn Center, County of Hennopin, STATE OP Mfl'lIII3SOTA for the following described property and things: - Authority to take photographs of the premises and property inside and surrounding the premises - Documents, Photographs, cell phones, or other paperwork or electronic devices that tend to show ownership/renter oI'the premises or tends to show ownership, possession, or constructive possession of the evidence. Cell phone bearing phone number 612-998-4189. Permission to examine recovered cull phones. - Pizza Hut boxes, Pizza Hut delivery bug, and Pizza lint receipts. Peek of Pall Mall cigarettes. WHBREAS, the application and supporting affidavit of Detective Charles Valleauwas/were duly presented and iced by the Court, and being fully advised in the premises. NOW, THEREFORE, the Court finds that probable cause exists for the issuance of a search warrant i>pon the following grounds: - Tue property above-described constitutes evidence winch tends to show a crime has been committed > or tends td show that a particular , person has committed a crime. The Court further finds that probable cause exists to believe thatihe above-described property and things will be at the above-described premises. The Court further finds that entry without announcement of authority or purpose is necessary to prevent the loss, destruction, orremoval of the objects of said search and to protcettho safety of the peace officers, NOW, THEREFORE, YOU DETECTIVE CJrAELES YALLEAU Tiffi PEACE OFFICER(S) AFORESAiD, AND ALL OTHER PERSONNEL UNDER YOUR DIRECTION AND CONTROL ARE HEREBY COMMANDED) BETWEBbI FEB HOURS OF 7:00 A,M, AND 8:00 PM. ONLY TO SEARCH THE DESCRIBED PREMISES, FOR THE ABOVE-DESCRIBED PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS AND TO RETAIN THEM IN (USTODY SUB DIeT TO COURT ORDER AND ACCORDING TO LAW. 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()N) 0 ctl01(0C. 01(11 o 0)03 Ii 0 0c c(1)11)0 (13 I 7030 3')00 , InIn cri N)C-i N)cD C)-) N)CD ctl (no-)0)0) 0)0) II 113(I) 233(100 010)0)0) 0) 0) II (1)0) 0(0 3(17000 01030)0) 0)0) ii (13CC) 237000 C-iCl) 00T 0' (I) 3 'C"1 010i(3)0)_s 1co 0) 1D 03(1) Do 30 0 F)=0 MC.-0' 0 COOCTU,(0 -CU t'(C) C'-)C')N) N)-C) 00 o mQ>3(3 o im >@ 0C 0 rn z (,i) 3 0 C')-c) (noCO0'0720 (3 0:3 -.0,'1g)01 3 o--Q (0 (13 J) CCD 0 2 C0 UQim 10 01 or-2 01 Z n t!I! >(33 C)!) w—1 0 H H H 0 -u CD -a H In—' CD -o D (0 (UC (0CU0.(3) :3(0 01 CD 0) 23 In Cl(U:30(00 cD -u(3)01CU 01 0—t 01 Tim Gannon - From: Jesse Anderson Sent: Thursday, June 9, 2016 11:03 AM To: Tim Gannon Subject: Code Sections They are currently a type II rental properties. Therefore they must complete phase 1. Section 12-914. CRIME FE HOUSG PROGRAM, For the purpose of this Chapter, the Crime Free Housing Program shall mean the nationally recognized program, unless otherwise indicated, The phases of the program include, but are not limited to, the conditions set forth below, I Phase 1. For license categories other than Type I, an owner, manager, or local agent responsible for the operation of the rental property must complete the Phase I training of the Crime Free Housing Program or a similar course approved by the City Manager. Certification as a rental property manager may also satisfy this requirement. Phase I includes the following: f. A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. 2. All nonresidential properties (commercial, industrial, and similar) shall keep, or cause to be kept, a current register of occupancy for each building that provides the following: a.Building address. b.List of all tenants occupying building. c.Nature of business conducted by each tenant in building. d.Contact person for each tenant. e. Gross floor area leased by each tenant. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. Section 12910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON- RENEWAL. 1.Applicability Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2.Unoccupied or Vacated Rental Units. In the event that a license is suspended, revoked, or not renewed by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. 3. Grounds for License Action. The Council may revoke, suspend, or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements, misrepresentations, or fraudulent statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. City of Brooklyn Center 12-22 City Ordinance b. failure to pay any application fee, fine or penalty, reinspection fees, reinstatement fee, special assessments, real estate taxes, or other financial claims due to the City as required by this Chapter and City Council resolution. C. failure to continuously comply with any property maintenance, zoning, health, building, nuisance, or other City Codes; or failure to correct deficiencies noted in Compliance Notices in the time specified in the notice. d. failure to comply with the provisions of an approved mitigation plan or not submitting an action plan as required. C. failure to qualify for the type of license held or applied for. f.excessive police calls for service in accordance with criteria determined by the City Manager and approved by the City Council, based on the number and nature of the calls when, after owner notification, the owner has failed to supply an appropriate written action plan to reduce the police calls for service g.failure to actively pursue the eviction of tenants who have violated the provision of this Chapter or Crime Free Lease Addendum or have otherwise created a public nuisance in violation of City, state, or applicable laws. h.the failure to eliminate imminent health and life safety hazards as determined by the City, or its authorized representatives. i.conviction of any crime related to the business or entity licensed and failure to show by competent evidence the rehabilitation and ability to perform the duties of the business. j.the abandonment of the property by the property owner as determined by the inability to make contact with the owner or his/her manager or local agent due to inaccurate or invalid contact information. k.failure to operate or maintain the licensed premises in conformity with all applicable state and local laws and Ordinances. 4. License Action Sections. Revocation, suspension, and non-renewal may be brought under either this Section or Section 12-911, or both. City of Brooklyn Center 12-23 City Ordinance a, Attend an eight-hour crime-free housing course presented by police, fire, public housing and others b.Use a written lease including the Minnesota Crime Free Housing Lease Addendum. c.Check the criminal background of all prospective tenants and, upon request, provide a copy of Third Party Background Check procedures for Tenants. d. Actively pursue the eviction of tenants who violate the terms of the lease and/or the Crime Free Lease Addendum, 2, Phase II. Includes Phase I plus the following: a.Complete a Security Assessment and complete the security improvements recommended. This phase will certify that the rental property has met the security requirements for the tenant's safety. b.Attend a minimum of 25 percent of Owners/Managers Association Meetings. 3, Phase III, Includes Phases I and II plus the following: a.For properties with more than four units, conduct resident training annually for the residents where crime watch and crime prevention techniques are discussed. b.For properties with more than four units, hold regular resident meetings. C. Attend a minimum of 50 percent of Owners/Managers Association Meetings. d. Have no City Code violations that were not resolved in accordance with compliance orders within the past year. Section 12-915. CRIME FREE/DRUG FREE HOUSING LEASE ADDENDUM REQUIREMENTS, All tenant leases, except for state licensed residential facilities, shall contain the Crime Free/Drug Free Housing Lease Addendum. The Crime Free/Drug Free provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. These lease provisions shall be incorporated into every new and renewed lease for a tenancy beginning April 1, 2010. Section 12-901. LICENSING OF RENTAL UNITS. License Required. a.No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center. A license will be granted as Type 1, Type II, Type III, or Type IV Provisional based on criteria recommended by the City Manager and approved by the City Council. b.Exceptions. No license shall be required under the following circumstances: 1) A single family dwelling or a dwelling unit in a duplex occupied by the building owner for a minimum of six months per calendar year. 2 2)Rented rooms within an owner occupied dwelling unit. 3)A residential property owned by a "snowbird" where the property is rented to another person for a period of less than 120 consecutive days while the owner is residing out of the State of Minnesota. The owner must occupy the property during the remainder of the year. 4) Unoccupied dwelling units that have been issued a Vacant Building Registration, 2. License Term, Licenses will be issued for a time period according to the license type as indicated in Diagram I. All licenses may be reviewed at any time after the beginning of the license term to determine whether the property continues to have the appropriate Type license. 3 Diagram I Licensing Licensing Mm. Inspection Crime Free Housing Plans Category Period Frequency Type I 3 year Mm, i time in 3 years, upon Phase I Recommended request, or as needed as determined by City Type II 2 year Mm. 1 time in 2 years, upon Phase I Required request, or as needed as determined by City Type III lyear Min. itime per year, upon Phase 1,11 Required Action Plan request or as needed as Required determined by City Type IV 6 Mm. every 6 months, upon Phase I, II, and Ill Mitigation Plan Provisional months request or as needed as Required Requireddetermined by City, or as otherwise specified by Mitigation Plan New Licenses. Properties that have legally not been required to have a rental license due to new construction ora change from owner-occupied to rental will qualify for a Type II License. Properties found operating without a valid rental license from the City or failing to meet City Code requirements or that have been the subject of enforcement actions such as criminal prosecution or civil penalties for violation of this Chapter, will only qualify for a Type Ill License. 4.License Renewals. All rental properties are subject to review and may be required to apply and qualify for a different license Type based on the level of compliance with City Codes and applicable regulations. 5.Failure to Meet License Category Requirements. At any time during a license period, if a rental property does not meet or exceed the criteria established for the current license Type, the license may be brought forth to the City Council for consideration of license suspension, revocation, and/or license Type review. 6. Type IV Provisional Licenses. Rental properties under Type IV Provisional Licensing must meet the requirements set forth in Section 12-913. 7, License Category Criteria. License type will be determined on the basis of established criteria based on Police incidents and property Code and nuisance violations as recommended by the City Manager and approved by the City Council, Police Incidents, Frequency of police calls will be based on the average number of valid police calls per unit. 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 determining4icensing 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). b. Property Code and Nuisance Violations. Standards for property maintenance will be based on compliance with City and other applicable Codes as determined through inspections and investigations. Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 26, 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.Proposed City Council Chambers Remodeling Project 2.Structuring of a TIF 5 Bond Issue (Partial Refunding of TIF 2 Inter-Fund Loan and Refinancing the PAYG Note) 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 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 I4 I IhYA [I) 1aWI I1SJ WJ(i1 I !&I) 1 I *I1 [IAl DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and SUBJECT: Proposed City Council Chambers Remodeling Project Recommendation: It is recommended that the City Council consider providing direction to staff regarding the proposed City Council Chambers remodeling project. Background: Critical technology improvements, security enhancements and a desire to improve the overall aesthetics of the City Council Chambers were the necessitating factors behind the development of plans to upgrade, update and otherwise enhance the space. To that end, representatives from BKV Group Architects are in attendance to provide an overview of the proposed improvements. The total project cost is estimated at $575,000. Annual Technology Grant Funds received from the Northwest Suburban Cable Communications Commission will be used to fund the improvements. With City Council endorsement of the concept, an item approving the plans and specifications and advertising bids will be placed on an upcoming agenda. Policy Issues: There are no policy issues to address at this time. Strategic Priorities: Key Infrastructure Investments j14ission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust u-i 30 Q fl ^10 ) I! ri II ti !IjTi L.WI 1)00 n (-) 0CD -5 0 tyct IDU, IBKV GROUF Arhitecture Iterio Design LndscnpeAmhfteetsee Engineering D31©©ftIRflJ 1 nnbu ijktI Iri mi -1 ¶ E1J ---- I \ L_L/'r H /- 9 H I I !! v' .1 H IBKV GROUP - Archftectre Interior- Deigo n LondrcapeArrhitertnre D Engineering Eur©©ftI]7rn) ]I] ©UiiIii[I .1ll{ {ii©k1 :I-,1 -rij IKi) c C)0C C) C-CD M 0 C-)0 n C-):5- 0CD —5 © J M./ GROUP - Acchftecture-In Design Landscape Architecture Engineering I©©Ii rr cI©iIiiI A Tr IIrri I-i 3J 9Ei z -H -uF C ->1 Z1)->0_D <flOmM PhZ oIOzonZ >-Z n m - C)Im UC> m 0 H 00I-0 I 0I y <-IH -m ol U) 20 Ez>-1 Ln C)>I ox CF - X 71 V ,_1 V V >< I V V V VVV j: NW I> V V V co Ln- Jh z^ fl7J. IB KV GROUP Arthftecture Interior Design Engi n eeri ng i©©/ (©ui[I ii©kII V/ Work Session Agenda Item No. 2 hY4 I (I) I1lI i)JJ[i1 I !tLI) 1 *II'III1 O)I DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Structuring of a TIF 5 Bond Issue (partial refunding of TIP 2 Inter-Fund Loan and refinancing the PAYG Note. Recommendation: It is recommended that the City Council consider providing direction to staff regarding proceeding with a Tax Increment District 5 Bond Issue to partially refund the $2.4 M TIF 2 Inter-Fund Loan and refinance the balance of the Shingle Creek Crossing PAYG Note. Background: On May 23, 2011, the City Council approved the Planned Unit Development of Shingle Creek Crossing, the Final Plat of Shingle Creek Crossing, and the EDA approved the Shingle Creek Crossing Tax Increment Development Agreement. The Tax Increment Development Agreement identified the following economic assistance program to assist in the demolition costs of the former Brookdale Regional Mall and the site improvements which included the internal streets, intersection improvements, sidewalks, trail, street lighting, utilities, storm water management, and partial daylighting of Shingle Creek: $2.4 M Inter-Fund Loan from TIF 2 through the Minnesota Jobs Bill and $2.3 M PAYG Note at 6% interest that would be repaid from tax increment revenue generated by the Shingle Creek Crossing Development. The TIF agreement provided for the repayment of this economic assistance with tax increment revenue generated from TIF 5, a 16 year Renewal and Renovation District: o 90% of the tax increment generated in the first three years (2014- 2016) would be applied towards paying off the PAYG Note with 10% allotted for Administrative Expenses. • In the 4th year, 60 % of the annual tax increment revenue was identified for the Note, 10% for Administrative Expenses, and 30% for the repayment of the inter-fund loan and other eligible in-district and out-of-district expenditures. The current development of Shingle Creek Crossing generates approximately $500,000 in tax increment revenue and has paid down the PAYG Note to approximately $2M. Potential Issuance of a TIF 5 Bond Issue: The structuring a bond issue to include the following: 1. The partial repayment of the $2.4 M Interfund Loan. o $1.7 M for the acquisition of the approximately 4 acres within the Shingle Creek Crossing Development. fJissioii: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust hYA I DIL'!A [II 11I IIBIhYA iII1IJ[iJ I &'LI] 1 bi [Ski 2 $2.0 M to refinance/pay-off the PAYG Note. A potential budget strategy for Tax Increment District No. 5 on the use of tax increment to maximize investment opportunities within the Shingle Creek Crossing Development could be structured to include: Debt Service approximately $350,000 (2018-2029) Admin Expenses $50,000 (10% of annual increment) Pooling Activities $50,000 (10% of annual increment) TIF 2 Inter-Fund Loan $40,000 ($700,000 balance) A large portion of the tax increment generated in 2016 and 2017, projected to be in the range of $700,0004800,000, could be placed in a debt service reserve. Future development of the remaining undeveloped lots has been estimated to exceed $100,000 of increment annually (2021-2029). Budget Issues: The partial repayment of the TIF 2 Inter-Fund Loan could be finance the acquisition of the 4 acres within Shingle Creek Crossing, previously identified as a potential to complete the full daylighting of Shingle Creek and reserve two pad sites for future restaurant opportunities. Additionally, the feasibility of this area to facilitate storm water management opportunities for portions of the Opportunity Site and the redevelopment a portion of the Kohl's Lot is being considered. The refinancing of the balance of the PAYG Note is projected to save approximately $300,000 in interest expenses. Policy Issues: Is the EDA/City Council interested in proceeding in a G.O. Tax Increment Bond Issue for TIF 5 that would include the partial refunding of the TIF 2 Inter-Fund Loan and refinancing the PAYG Note? Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Work Session Agenda Item No. 3 k'A I M (I) 11I 1IJkA EI1BI[i1 I !&'LI] 1 '41 Ei1 [I)l DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Reggie Edwards, Interim Assistant to the City Manager 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). Also, attached for consideration is an alternative resolution tendered by City Council Member, Dan Ryan. Background: 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' 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. 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 12 th , 2016) for discussion. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Ih'A I thY'A (IItUH]B1YA I[I1IJE.J I LI) 1 J *11 OAl 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: • Resident Economic Stability Mission: Enstuiiig an attractive, clean, safe, inclusive communi4' 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. Curt Boganey om: Dan Ryan Sent: Thursday, September 22, 2016 8:12 AM To: Curt Boganey Attachments: RESOLUTION for Greater Economic Opportunity in B.C..docx Curt, Due to my absence September 12th, city council Work Session #3, under ACTIVE DISCUSSION ITEMS, was deferred to the Monday, September 26th, council meeting work session. That item described as: fl3 Discussion Regarding Resolution Committing the City of Brooklyn Center to Collaboratively Ensure Economic Stability for all Residents, Businesses and Enterpreneurs by Committing to the Elimination of Economic Racial Disparites and Providing for a Mutually Prosperous Community." Attached here is an alternative draft resolution for council consideration. Thank you for your assistance in this matter. Dan Ryan City of Brooklyn Center Councilmember Home 763-535-4177 councilmemberryan@ci.brooklvn-Center.mfl.us RESOLUTION NO.________ RESOLUTION COMMITTING THE CITY OF BROOKLYN CENTER TO PROMOTE GREATER ECONOMIC STABILITY FOR OUR RESIDENTS BY WORKING COLLABORATIVELY WITH REGIONAL STAKEHOLDERS TOWARD THE GOAL OF ELIMINATING THE ECONOMIC DISPARITIES SUFFERED BY MANY OF OUR RESIDENTS WHEREAS, far too many of the residents of the City of Brooklyn Center earn incomes significantly below the median income for Hennepin County generally, as shown by U.S. Census Bureau data, which has contributed to an increase in the number of low income and poor households in the City, and WHEREAS, the City of Brooklyn Center has identified and acknowledged significant disparities in its local economy that can and must be improved, we commit to an effort to design and implement economic equity strategies that will promote the potential of every resident of Brooklyn Center, and WHEREAS, the Twin Cities region has been harmed by an unacceptable pattern of economic disparities, our City commits to developing a creative and innovative program that will make our region - already one of the best in the world, generally - also the best in the world for everyone, and WHEREAS, the City of Brooklyn Center recognizes that the economic disparities and lack of opportunity that adversely affects too many of our residents are beyond the means of the City, acting alone, to correct, and NOW, THEREFORE BE IT RESOLVED by the City of Brooklyn Center, Minnesota, in order to ensure that we establish a greater and more equitable distribution of opportunities to all of our residents that we firmly commit to taking the following steps: 1.Form and convene a community coalition that will gather local insight and as well as professional expertise to help design an effective economic equity approach, one that addresses the needs of all of our diverse communities and is appropriate for the City; 2.Use a series of broader community gatherings to share what the City is learning and doing to eliminate such disparities and foster mutual thriving; 3. The city shall engage such stakeholders including, but not limited to, all relevant regional, state and federal government entities, non-profit foundations, colleges and technical educational institutions, regional businesses and private employers; 4. Build capacity within the City to sustain this effort, until a significant and measurable increase in economic opportunity has been achieved for our residents. EDA Agenda Item Noe 3b 131 I7Ui V 31h'A U"A I 3hYA (I) 1I I1IJ!A1 DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development Tim Benetti, Planning & Zoning Specialist SUBJECT: Resolution Approving and Authorizing the Execution of a Hennepin County Environmental Response Fund (ERF) Grant No. A165669 and a Sub-Grant Agreement between EDA and MBC II, LLC (Hyde Development) in conjunction with the Former Howe Fertilizer Site Clean-Up (3101 - 49th Avenue North) Recommendation: It is recommended that the Economic Development Authority of Brooklyn Center, Minnesota (the "EDA") consider approval/adoption of the Resolution approving and authorizing the execution of a Hennepin County Environmental Response Fund Grant No. A165669; and a Sub Grant Agreement between the EDA and MBC II, LLC in conjunction with the former Howe Fertilizer Site clean-up project, located at 3101 - 491h Avenue North (the "Subject Site Background: On June 24, 2014, Hennepin County approved an Environmental Response Fund ("ERF") grant of $440,000 to the City, which would assist Hyde Development with the clean-up of soil contaminants left over from the operations of the former Howe Fertilizer facility on the subject site. The agreement required the local governing agency (the EDA in this case) to apply for the grant and be accountable for expenditure of said funds. Hyde Development became the responsible party to manage and conduct all monitoring and additional remediation through the company's own private contractors and consultants; and the EDA essentially served as a pass- through of the grant funds to the owner. As part of this original grant, a Sub-Grant Agreement between the EDA and MBC II, LLC (Hyde Development) was also approved, whereby MBC II acts as the Sub-Grantee and assumes the duties and responsibilities of the Grantee in the project management and proper disbursement of funds to their own contractors. In mid-summer 2015, Mr. Hyde was able to complete the clean-up and soil mitigation of this site, with the assistance of this first ERF grant, along with additional funds from the Met Council and the MN Dept. of Employment and Economic Development (DEED). In March 2016, Mr. Hyde requested additional grant funds from Hennepin County through the same ERF Program, to assist with on-going and significant groundwater monitoring costs required by the Minnesota Department of Agriculture. On April 25, 2016, the EDA adopted Resolution No. 2016-10, which approved an application from the EDA to the same Hennepin County ERF Program, requesting an additional $60,000 to Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust assist Hyde Development in financing on-going clean-up costs of the subject site. Hennepin County recently sent notice to the City that the second ERF Grant No A1 65669 has been tentatively approved, and may now be executed by the City's EDA. In early 2016, Ferguson Plumbing and Supply was granted a certificate of occupancy to move into the new 60,000 sq. ft. office/warehouse/manufacturing facility at this location. Ferguson is now open and operating at the subject site. No part of the additional groundwater monitoring or testing will affect the on-going operations of this new business in the community. Legal Review: The City Attorney is currently reviewing the new (second) Hennepin County Environmental Response Fund Grant Agreement No. A1 65669, which establishes the terms and conditions for the distribution of a sum not to exceed $60,000 for expenses incurred in performing eligible work activities associated with the Corrective Action Plan and Response Action Plan, as described in the grant application and identified in this agreement This memo also includes a similar request to approve a second Sub-Grant Agreement to the new ERF Grant between the City's EDA and MBC II, LLC which contractually provides for the Sub- Grantee to take on certain duties and responsibilities as noted herein. The attached resolution approves and authorizes the execution of the Environmental Response Grant Agreement with Hennepin County; and the Sub Grant Agreement between the City's EDA and MBC II, LLC. Budget Issues: The EDA's budget impact associated with Environmental Cleanup Grants has been limited to the staff time necessary to monitor the grant programs; process payment requests to MBC II, LLC' 5 for performing grant related work; and maintaining the required financial records for the grant programs. Strategic Priorities: • Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive coinnuinil)' that enhances the quality of life for all people and preserves the public trust Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2016 - RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND GRANT NO. A165669 AND A SUB GRANT AGREEMENTS BETWEEN THE EDA AND MBC II, LLC (HYDE DEVELOPMENT) IN CONJUNCTION WITH THE FORMER HOWE FERTILIZER SITE CLEAN-UP (3101 - 49TH AVENUE NORTH) WHEREAS, Hennepin County (the "County") has approved the application of the Economic Development Authority of Brooklyn Center, Minnesota (the "EDA") for a grant to be used for the implementation of a Corrective Action Plan and Response Action Plan, associated consulting activities and agency fees at the former Howe Fertilizer plant, located at 3101 - Avenue North (formerly identified or addressed as 4821 Xerxes and 4823-1/2 Osseo Road) in Brooklyn Center, Minnesota (the "Subject Site"); and WHEREAS, the County has submitted for approval and execution a proposed agreement for such grant entitled "Environmental Response Fund Grant Agreement between the Economic Development Authority of Brooklyn Center, Minnesota and Hennepin County Department of Environmental Services - Contract No. A1 65669 (the "Grant Contract"); and WHEREAS, MBC II, LLC, as owner of the Subject Site, has proposed to enter into a Sub-Grant Agreement for the Grant Contract under which MBC II, LLC (a/k/a Hyde Development), as Sub-Grantee, will assume the responsibilities of the EDA under the Grant Contract (the "Sub-Grant Agreement"); and WHEREAS, the EDA has determined that it is reasonable and appropriate and in the best interests of the public that the EDA enter into such Grant Contract with Hennepin County and such Sub-Grant Agreement with MBC II, LLC. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center: 1.That the Grant Contract and the Sub-Grant Agreement are approved. 2.The President and Executive Director are authorized and directed to execute the Grant Contract and Sub-Grant Agreement. 3. The Executive Director is authorized and directed to take any and all additional steps necessary or convenient to effect the terms of the Grant Contract and the Sub-Grant Agreement. EDA RESOLUTION NO. 2016 - September 26,_2016 Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner 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. BAR 16-0250 Contract No. A165669 ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA AND }{ENNEPIN COUNTY ENVIRONMENT AND ENERGY DEPARTMENT This Agreement is between the County of Hennepin, State of Minnesota ("County") at A2300 Government Center, Minneapolis, MN 55487 by its Environment and Energy Department ("Department") and the Economic Development Authority of Brooklyn Center, Minnesota ("Grantee") with offices located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Grantee has submitted an application to the County for a grant to be used for assistance with groundwater monitoring required through 2017, associated consulting activities including report preparation and sample collection and analysis, and agency fees at the Former Howe Fertilizer project site located at 3101 - 49th Avenue North (formerly identified or addressed as 4821 Xerxes and 4823-1/2 Osseo Road) in Brooklyn Center, Minnesota The application is incorporated into this Agreement by reference. The parties agree as follows: 1.GRANT AMOUNT AND COMPLETION The County shall grant to Grantee a sum not to exceed Sixty Thousand dollars ($60,000.00) ("ERF Grant")which funds shall be only for expenses incurred in performing activities specified in the Application and as maybe further described in Exhibit A to this Agreement or as approved by the County. Approved activities as may be described in Exhibit A and in the application, attached as Exhibit B, are referred as the "Project". Administrative costs incurred by Grantee are not eligible for reimbursement. Exhibits A and B are attached and incorporated by this reference. Grantee shall complete the Project within two (2) years of execution of this Agreement and within the terms stated herein. Any material change in the scope of the Project, including time schedule and budget, must be approved in writing by the County. Upon approval by the County Administrator, the duration of this Agreement may be extended for up to twelve (12) months. Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing such purposes and activities described in the Application and this Agreement. 2.ACCOUNTING AND RECORD KEEPING For all expenditures of funds made pursuant to this Agreement, Grantee shall keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Accounting methods shall be in accordance with generally accepted accounting principles. The County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Grantee and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. 3. PAYMENT/DISBURSEMENT SCHEDULE County will disburse funds to Grantee pursuant to this Agreement, based on a payment request form provided by the County, submitted by Grantee and approved by the County. Payment requests can be submitted once per month and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Subject to verification of adequacy of a written disbursement request and approval of consistency with this Agreement, the County will disburse the requested amount to Grantee within six (6) weeks after receipt of a written disbursement request. The final request for disbursement must be submitted within six (6) months of the expiration date of this Agreement. 4. REPORTING Grantee shall submit to the County a report on the distribution of funds and the progress of the Project covered from the date of the grant award through June 30 of each year. The reports must be received by the County no later than July 25 of each year. The report shall identify specific goals listed in the application and quantitatively measure the progress of such goals. Reporting forms will be provided by the County. In addition, the required documentation listed in Exhibit A should be supplied as it becomes available. Grantee shall include in any contract, provisions that require contractors to comply with all applicable State and Federal laws and regulations regarding employment and workplace safety. In accordance with Hennepin County's policies against discrimination, Grantee shall not exclude any person from full employment rights or participation in or the benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable Federal or State laws, rules, or regulations against discrimination shall be otherwise subjected to discrimination. Public Grantees and any contractors or subcontractors performing services as part of this Agreement shall follow that public Grantee's Affirmative Action policy against discrimination. 6.TERMINATION, CANCELLATION AND ASSIGNMENT This Agreement may be canceled by the County upon sixty (60) days written notice to Grantee without cause. In the event of such cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed up to the effective date of such cancellation. If the County finds that there has been a failure to comply with the provisions of this Agreement, that reasonable progress has not been made toward commencement or completion of the assessment and/or clean-up activities specified in the Application and this Agreement, notwithstanding any other provisions of this Agreement to the contrary and after written notice and reasonable opportunity to cure, the County may refuse to disburse additional funds and/or require the return of all or part of the funds already disbursed, to the extent such funds were used for purposes other than activities contemplated by this Agreement. If the County finds that there has been a violation of any state, federal or local law, the County may upon written notice immediately cancel this Agreement in its entirety and may withhold or delay payment. In the event of a decision to withhold or delay payment, the County shall furnish prior written notice to Grantee specifically identifying the reason for withholding or delaying such payment. This Agreement may not be assigned without the prior written consent of the County. 7.INDEPENDENT CONTRACTOR Grantee shall select the means, method, and manner of performing the Project. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting Grantee as the agent, representative, or employee of the County for any purpose. Grantee shall remain an independent contractor with respect to all services and activities performed under this Agreement. Any personnel of Grantee or other persons while engaged in the performance of any work or services required by Grantee under this Agreement will have no contractual relationship with the County, and will not be considered employees of the County. The County shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against Grantee, its officers, agents, contractors, or employees. Grantee shall defend, indemnify and hold harmless the County, its officials, officers, agents, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 8.INDEMNIFICATION Grantee agrees to defend, indemnify and hold harmless, the County, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of Grantee, its contractors or subcontractors or anyone directly or indirectly employed by them, and/or any party that directly or indirectly benefits from the activities specified in this Agreement, and/or anyone for whose acts and/or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of Grantee to perform any obligation under this Agreement. 9.INSURANCE In order to protect the County and those listed above under the indemnification provision, Grantee agrees at all times during the term of this Agreement and beyond such term when so required, to have and keep or cause to have and be kept in force, and to cause all contractors to do likewise, the following insurance coverages under either a purchased insurance or self-insurance program: Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $2,000,000 Products-Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage 1,500,000 2.Automobile Liability - Combined single limit each occurrence for 1,500,000 bodily injury and property damage covering owned, non-owned, and hired automobiles. 3.Workers' Compensation and Employer's Liability: a.Workers' Compensation Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. b.Employer's Liability. Bodily Injury by: Accident - Each accident 500,000 Disease - Policy Limit 500,000 Disease - Each Employee 500,000 4. Professional Liability - Per Claim 1,500,000 Aggregate 2,000,000 The insurance must be maintained continuously for a period of two years after the termination of this Agreement. Grantee shall require that any independent contractors rendering assessment and/or clean-up activities under this Agreement furnish certificates of insurance to Grantee of the insurance coverages listed above, and provide updated certificates as coverages expire. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of Grantee to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Grantee and their contractors shall not commence work until they have obtained required insurance and filed with the Grantee properly executed Certificates of Insurance establishing compliance. The certificate(s) must name the Grantee as the certificate holder and Hennepin County as an additional insured for the commercial general liability coverage(s) for all operations covered under the Agreement and must include the project name and ERF contract number. Grantee shall immediately notify County of any cancellations or reduction of insurance coverage. Grantee shall provide copies of insurance certificates to the County. If Grantee fails to furnish proof coverages, if requested by the County, the County may withhold payments and/or pursue any other rights or remedy allowed under the contract, law, equity, and/or statute. 10.MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 11.MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 12.ACKNOWLEDGMENTS The Grantee shall acknowledge the financial assistance provided by the County in promotional materials, press releases, reports and publications relating to the Project activities described in Exhibit A which are funded in whole or in part with the grant funds. The acknowledgment should contain the following language: Financing for this project was provided in part by the Hennepin County Environmental Response Fund. Until the Project activities funded by this Agreement are completed, the Grantee shall ensure the above acknowledgment language, or alterative language approved the County, is included, on all signs located at the Project or construction sites that identify Project funding partners or entities providing financial support for the project. Until the Project activities funded by this Agreement are completed and for one year after that date, the Grantee shall provide advance notice to the County, including an invitation to the appropriate County Commissioner's office, of any public events related to the Project. 13.HENNEPIN COUNTY PERSONAL PROPERTY TAX AND PROPERTY TAX Grantee shall require the grant recipient to affirm that it and its officers have paid all Hennepin County personal property taxes and property taxes due on all of its Hennepin County properties for taxes owed on or before December 31, 2015. If the County finds that property taxes have not been paid by grant recipient, grant recipient's owner and grant recipient's board of directors (if any), County may refuse to disburse funds or require the return of all or part of the funds already disbursed pursuant to section 6 of this Agreement. 14. USE OF ERF GRANT AS A LOAN An ERF Grant from County to Grantee may not be disbursed by Grantee to any entity as a loan. COUNTY ADMINISTRATIVE AUTHORIZATION GRANTEE, having signed this agreement, and the Hennepin County Board of Commissioners having duly authorized this agreement on the 12th of July 2016, and pursuant to such approval, the proper County officials having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth. Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney County Administrator Date: Date: By: - Assistant County Administrator, Public Works Date: Recommended for Approval By: Acting Director, Environment and Energy Department Date: GRANTEE Grantee warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinance s.* Name: ECONOMIC DEVELOPMENT AUTHORITY of BROOKLYN CENTER, MINNESOTA By: Tim Willson, President Date: *GRANTEE shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time Grantee returns the Agreement to the County. Documentation is not required for a sole proprietorship. Exhibit A Former Howe Fertilizer Project Summary: The project site was occupied by the former Howe Fertilizer company, which caused a release of agricultural chemicals at the site requiring cleanup by the Minnesota Department of Agriculture. The property is owned by the developer, MBC II LLC who has constructed a 60,000 square foot office/warehouse building. Historical use include manufacturing, bulk petroleum storage, farming, and most notably the production, storage, and distribution of agricultural chemicals, which occurred from the 1940s until 2006. A 1979 fire resulted in the release of various agricultural chemicals. The site's contaminants of concern are polynuclear aromatic hydrocarbons, volatile organic chemicals, metals (mercury, arsenic, chromium, silver), diesel range organics, various pesticides and herbicides, and dioxins. Concentrations ranges include results below and above industrial soil criteria; Site Specific Cleanup Goals have been set for the pesticides/herbicides. Response Action Plan implementation has been completed on site. The only remaining work on site is groundwater monitoring and reporting required by the Minnesota Department of Agriculture (MDA) which is projected to continue until the end of 2017. The applicant requests ERF assistance with groundwater monitoring required through 2017, associated consulting activities including report preparation and sample collection and analysis, and agency fees. The following costs are based on a budget submitted by .Grantee. Modifications must be approved in writing by the County. Approved Budget for the Former Howe Fertilizer Project Site: Activities relating to groundwater monitoring required through 2017, associated consulting activities including report preparation, sample collection and analysis, and agency fees $60,000.00 Total: $60,000.00 Required Documentation to be Submitted to Hennepin County: Insurance Certificates with project name and ERF contract number [see SECTION 9. INSURANCE] Groundwater Monitoring Reports MDA Approval Letters Consultant/Contractor Invoices (include time period covered by invoice and documentation supporting expenses, including subcontractor and analytical invoices - include unit rates and quantities, subcontractor markup limited to 10% or less) Agency Invoices Annual Project Progress/Summary Report(s). A-1 Exhibit B ERF Application Former Howe Fertilizer B-i SUB-GRANT AGREEMENT [Hennepin County Department of Environmental Services Contract No. Al 656691 THIS AGREEMENT is made as of this day of , 2016, by and between the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota (the "Grantee"), and MBC II, LLC, a Minnesota limited liability company ("Sub-Grantee"): WHEREAS, Grantee has entered into a grant contract with the County of Hennepin by its Department of Environmental Services ("County"), entitled "Environmental Response Fund Grant Agreement between the Economic Development Authority of Brooklyn Center, Minnesota and Hennepin County Department of Environmental Services" - Contract No. A165669 (the "Grant Contract"), a copy of which is attached hereto as Exhibit One, and hereby made a part hereof; and WHEREAS, the Grant Contract provides that the County shall grant to Grantee a sum not to exceed Sixty Thousand and No/100 Dollars ($60,000.00), which funds shall be used to perform the duties and tasks specified in the Grant Contract; and WHEREAS, the Grantee will be passing the funds provided pursuant to the Grant Contract through to Sub-Grantee; and WHEREAS, the Grantee and Sub-Grantee have agreed for Sub-Grantee to assume certain of the duties and responsibilities of Grantee under the Grant Contract in consideration of receiving funds provided for in the Grant Contract and subject to the terms, conditions, and limitations set forth therein. NOW, THEREFORE, in consideration of the premises and the mutual promises set forth herein, the parties hereto covenant and agree as follows: 1.Grantee will forward to Sub-Grantee funds received under the Grant Contract upon receipt and upon the continuing compliance by Sub-grantee with its obligations hereunder and under the Grant Contract. Grantee shall not be obligated to reimburse Sub-Grantee for any amounts in excess of funds received by Grantee under the Grant Contract. If the County requires reimbursement of funds advanced under the Grant Contract, Sub-Grantee will promptly reimburse such funds to Grantee upon demand. 2.Sub-Grantee will perform and satisfy all obligations of Grantee under the Grant Contract, except those that, by their nature, can only be performed by Grantee. Sub-Grantee will provide any information or assistance requested by Grantee for the purpose of satisfying the obligations of the Grant Contract that, by their nature, can only be performed by Grantee. Specifically, but without limiting the foregoing, Sub-Grantee will perform all of the following: (a) Sub-Grantee shall keep and maintain all records required by section 2 of the Grant Contract. 1 of 4 ERF No. A165669 (b)Sub-Grantee shall submit payment request forms in accordance with section 3 of the Grant Contract. (c)Sub-Grantee shall submit the reports required by section 4 of the Grant Contract. (d) Sub-Grantee shall comply, and shall require its contractors and subcontractors to comply, with all requirements of sections 5, 9 and 12 of the Grant Contract. 3.Sub-Grantee may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the Grantee and an Assignment Agreement executed and approved by the parties. 4.Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the parties. 5.If Grantee fails to enforce any provisions of this Agreement, such failure does not waive the provision or Grantee's right to enforce it. 6.This Agreement contains all negotiations and agreements between Grantee and Sub- Grantee. No other understanding, agreements or understandings regarding the Grant Contract, or this Agreement, may be used to bind either party. 7.Sub-Grantee will defend, indemnify, save, and hold harmless the County and Grantee, their officers, agents, and employees, from any claims or causes of action, including attorney's fees incurred by Grantee, arising from the performance of this Agreement or failure to perform any obligation under this Agreement by Sub-Grantee, or its officers, agents or employees. 8.Sub-Grantee's books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the County, the State of Minnesota and/or the state auditor or legislative auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. 9.Sub-Grantee shall comply with applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. If Sub-Grantee receives a request to release data referred to in this paragraph, Sub-Grantee must immediately notify Grantee. Grantee will give Sub-Grantee instructions concerning the release of the data to the requesting party, prior to such release. 10.Sub-Grantee certifies that it is in compliance with Minnesota Statutes, Section 176.181, Subd. 2, pertaining to workers' compensation insurance coverage. 11. Any publicity regarding the subject matter of this Grant Agreement must identify the County as the sponsoring agency and must not be released without prior written approval from the County's authorized representative as specified in the Grant Contract. Publicity shall include 2 of 4 ERF No. A165669 information identified in Paragraph 12 of the Grant Contract. Sub-Grantee must not claim that the County or Grantee endorses its products or services. 12.Sub-Grantee shall select the means, method, and manner of performing the Project as defined in the Grant Contract. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting Sub- Grantee as the agent, representative, or employee of the Grantee for any purpose. Sub-Grantee shall remain an independent contractor with respect to all services and activities performed under this Agreement. Any personnel of Sub-Grantee or other persons while engaged in the performance of any work or services required by Sub-Grantee under this Agreement will have no contractual relationship with the Grantee and will not be considered employees of the Grantee. The Grantee shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against Sub-Grantee, its officers, agents, contractors or employees. Sub-Grantee shall defend, indemnify and hold harmless the Grantee and the County, their officials, officers, agents, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the Grantee, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers' Compensation, Re- employment Compensation, disability, severance pay, and retirement benefits. 13.The law governing the obligations of this Agreement and the venue for all legal proceedings associated therewith shall be in accordance with Paragraph 11 of the Grant Contract. 14. This Agreement is subject to termination in accordance with Paragraph 6 of the Grant Contract. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of September 26, 2016, ECONOMIC DEVELOPMENT AUTHORITY of BROOKLYN CENTER, MINNESOTA By: Its President And by: Its Executive Director 3 0f4 ERF No. A165669 MBC II, LLC a Minnesota limited liability company By: Paul Hyde Its Chief Executive Officer 40f4 ERF No. A165669 M Figendai Item r DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Resolution Approving the Conveyance of Certain Property located at 6250 Earle Brown Drive. Recommendation: It is recommended that the Economic Development Authority open the Public Hearing, take public input, close the Public Hearing, and consider adoption of Resolution Approving the Conveyance of Certain Property located at 6250 Earle Brown Drive. Background: On March 28, 2016, the Economic Development Authority adopted Resolution No. 2016-09, a Resolution Accepting Rudra Management's Letter of Intent for Development of Lot 2, Block 1, Brooklyn Farm Addition and Authorizing the Preparation of a Development Agreement (Phase II Embassy PUD). The resolution authorized the following actions: 1.The Executive Director execution of the Letter of Intent with Minnesota Hospitality Inc. for the development of a 4 story 83 room Marriott Fairfield Inn & Suites consistent with the conceptual development plans of the approved with the 2013 PUD amendment. 2.To proceed with the negotiations for the sales of this site, excluding the portion of the lot containing the pond and trail, for $100,000, without provisions for a 10 year Tax Abatement Plan, as initially approved in 2007 for the Phase I and II development. 3. To proceed with the preparation of a development agreement with terms, conditions, and actions necessary for the conveyance and development of Lot 2, Block 1, Brooklyn Farms 2 Addition. On May 23, 2016, the EDA approved Resolution No. 2016-14, Resolution Approving a Contract for Private Development (Brooklyn Center Hotel Group, LLC Embassy Suites Phase II). On September 12, 2016, the City Council adopted Resolution No.2016-144, 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). Compliance with the Business Subsidy Act The subsidy provided to the Developer includes a reduction in the sale price from the Development Property's estimated market value to a sales price of $100,000 and does not include the 10 Year Tax Abatement approved with the 2007 Development Agreement. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust The 2007 Development Agreement provided for Jobs and Wage Goals requiring the creation of a minimum of 7 new full-time equivalent jobs at a rate no less than the state's minimum wage, exclusive of benefits. The remedy for the Developer failing to meet these goals is identified in Article V, Section 5.1, (c) to be the repayment of the subsidies for each full time position not created, plus interest. The developer has indicated that based on his experience, this Marriot Fairfield Hotel will have 12 full time positions and 8 part time positions. The salaried positions are projected to range from $30,000 - $60,000/annually and the hourly positions form $10.00-$15.00/hourly. Resolution Approving the Conveyance of Certain Property located at 6250 Earle Brown Drive. The City Attorney has prepared the attached resolution which includes the EDA findings and determination that conveyance of the Property to the Buyer is in the public interest and will further the objectives of its general plan of economic development, because it will increase the Tax Base in the City and serve as an impetus for further development. Also attached is the notice of this public hearing which was published in the September 8th edition of the City's Official Newspaper. Budget Issues: The proceeds from the sales of this lot will provide the necessary funding for the EDA to undertake the relocation and restoration of the trail which surrounds the pond, the installation of pedestrian lighting, landscaping and restoration of the pond consistent with the theme of the Earle Brown Heritage Center. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive coininhinity that enhances the quality of life for all people and preserves the public trust Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO.___ RESOLUTION APPROVING CONVEYANCE OF CERTAIN PROPERTY LOCATED AT 6250 EARLE BROWN DRIVE WHEREAS, the Economic Development Authority of the City of Brooklyn Center, Minnesota ("EDA") is authorized pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (the "EDA Act"), to acquire and convey real property and to undertake certain activities to facilitate the development of real property by private enterprise. WHEREAS, to facilitate development of certain property in the City of Brooklyn Center, Minnesota (the "City"), the EDA entered into an Contract for Private Development (the "Agreement") between the EDA and Brooklyn Center Hotel Group, LLC (or its assigns, the "Buyer"), under which, among other things, the EDA has agreed, contingent upon approval by the EDA following a duly noticed public hearing regarding the sale, to convey the property located in the City at 6250 Earle Brown Drive and legally described as: Lot 2, Block 1, Brooklyn Farm 2nd Addition, Hennepin County, Minnesota (the "Property") to the Buyer to construct a hotel facility containing at least 82 rooms with 85 parking stalls. WHEREAS, the EDA has on this date conducted a duly noticed public hearing regarding the sale of the Property to Buyer, at which all interested persons were given an opportunity to be heard. WHEREAS, the EDA finds and determines that conveyance of the Property to the Buyer is in the public interest and will further the objectives of its general plan of economic development, because it will increase the tax base in the City and serve as an impetus for further development. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority of Brooklyn Center, Minnesota ("Board") as follows: 1.The Board hereby approves the conveyance of the Property to Buyer pursuant to the Agreement, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director. 2.EDA staff and officials are authorized to take all actions necessary to perform the EDA's obligations under the Agreement as a whole, including without limitation execution of any documents to which the EDA is a party referenced in or attached to the Agreement, and any deed, mortgage or other documents necessary to convey the Property to Buyer, all as described in the Agreement. This resolution supplements but does not amend EDA Resolution No. 2016-14, adopted May 23, 2016 regarding approval of the Agreement. EDA RESOLUTION NO. September 26, 2016 Date President ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner 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. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA )ssCOUNTY OF HENNEPIN Charlene Void being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) knownas: SP Brooklyn Ctr/Brooklyn Park with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 09/08/2016 and the last insertion being on 09/06/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. I, clause (1) or (2). If the newspaper's known office of issue is located in a county idjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Cc Designated Agent Subscribed and sworn to or affirmed before rue on 09/08/2016 by Charlene Vold. Notary Public MARLENE M. MITCHELL Notary Public-Minnesota My Commission Expires Jan 31, 2020 Rate Information: Lowest classified rate paid by commercial users r comparable space: $46.90 per column inch CITY OFBROOKLYN CENTER NOTICE OF PUBLIC REARINGREGARDING LAND SALE NOTICE IS HEREBY GIVEN that the Board of Commissioners of the Economic Development Authority of Brooklyn Center, Minnesota (the "EDA") will meet at City Hall at 6301 Shingle Creak Pkwy, Brooklyn Cen- ter, Minnesota (the "City") at or after 7:00 p.m. on Monday, September 26, 2016 to conduct a public hear- ing on the proposed sale of certain real property ("Property") located in the City to Brooklyn Center Ho- tel Group, LLC or its designated assignees(the "Recipient"). The Property is located in the City at 6250 Earle Brown Drive and le- gally described as: Lot 2, Block 1, Brooklyn Farm 2nd Addition, Hen-nepin County, Minnesota. The EDA will meet at the public hearing to determine if the sale is advisable. A copy of the terms and conditions of the proposed sale of the Property will be on file and available for inspection at City Hall during regular business hours. The hearing will also address aproposed business subsidy to be granted by the City to the Recipi- ent under Minnesota Statutes, Sec-tions 116J.993 through 116J.995 (the "Business Subsidy Act") in the event that the sale of the Property is for a price less than its fair market value. A summary of the terms of the proposed business subsidy is available for inspection at city hall during regular business hours. Any person with residence in the City or who is the owner of taxable proper- ty in the City may tile a written com- plaint with the City if the City fails to comply with the Business Subsidy Act. No action maybe filed against the City for the failure to comply un- less a written complaint is filed. Any person wishing to express an opinion on the matters to be considered at the public hearing will be heard orally or in writing. BY ORDER OF THE BOARD OFCOMMISSIONERS Published in the Brooklyn Center Sun Post September 8, 2016 592025 Ad ID 592025 / 1/1 MIUM GO E\\\ EH' 5 ____ iL L ! •! - S r JJii, L:N fb I r --: Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 26, 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.Proposed City Council Chambers Remodeling Project 2.Structuring of a TIF 5 Bond Issue (Partial Refunding of TIF 2 Inter-Fund Loan and Refinancing the PAYG Note) 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 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 I Dk'A (1) 1II flhJhYA EWJ[IJ I !A!LI) 1 I Ef1 (0)I DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and vices SUBJECT: Proposed City Council Chambers Remodeling Project Recommendation: It is recommended that the City Council consider providing direction to staff regarding the proposed City Council Chambers remodeling project. Background: Critical technology improvements, security enhancements and a desire to improve the overall aesthetics of the City Council Chambers were the necessitating factors behind the development of plans to upgrade, update and otherwise enhance the space. To that end, representatives from BKV Group Architects are in attendance to provide an overview of the proposed improvements. The total project cost is estimated at $575,000. Annual Technology Grant Funds received from the Northwest Suburban Cable Communications Commission will be used to fund the improvements. With City Council endorsement of the concept, an item approving the plans and specifications and advertising bids will be placed on an upcoming agenda. Policy Issues: There are no policy issues to address at this time. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust UlCD CD30CD II r;i ) Sol ) 7 R :i 4 U0 C C)zy-PS 0-(D < 0J PS IB KV GROUP Arthecture kteior Design Landscapedsitectsre Engineering (©tlni11 T1i)U ©icJ ,0 C)0C (5) ITCD U, //1 )P ><'7 r // L _5 ,S''.•, 5- I 55 I / / !iJ1101= I UF R - ; ! 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Recommendation: It is recommended that the City Council consider providing direction to staff regarding proceeding with a Tax Increment District 5 Bond Issue to partially refund the $2.4 M TIF 2 Inter-Fund Loan and refinance the balance of the Shingle Creek Crossing PAYG Note. Background: On May 23, 2011, the City Council approved the Planned Unit Development of Shingle Creek Crossing, the Final Plat of Shingle Creek Crossing, and the EDA approved the Shingle Creek Crossing Tax Increment Development Agreement. The Tax Increment Development Agreement identified the following economic assistance program to assist in the demolition costs of the former Brookdale Regional Mall and the site improvements which included the internal streets, intersection improvements, sidewalks, trail, street lighting, utilities, storm water management, and partial daylighting of Shingle Creek: $2.4 M Inter-Fund Loan from TIF 2 through the Minnesota Jobs Bill and $2.3 M PAYG Note at 6% interest that would be repaid from tax increment revenue generated by the Shingle Creek Crossing Development. The TIF agreement provided for the repayment of this economic assistance with tax increment revenue generated from TIF 5, a 16 year Renewal and Renovation District: o 90% of the tax increment generated in the first three years (2014- 2016) would be applied towards paying off the PAYG Note with 10% allotted for Administrative Expenses. o In the 4th year, 60 % of the annual tax increment revenue was identified for the Note, 10% for Administrative Expenses, and 30% for the repayment of the inter-fund loan and other eligible in-district and out-of-district expenditures. The current development of Shingle Creek Crossing generates approximately $500,000 in tax increment revenue and has paid down the PAYG Note to approximately $2M. Potential Issuance of a TIF 5 Bond Issue: The structuring a bond issue to include the following: 1. The partial repayment of the $2.4 M Interfund Loan. o $1.7 M for the acquisition of the approximately 4 acres within the Shingle Creek Crossing Development. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I I k'A (I) 11I WJ EI1SJII1 I !iLI] i *%i [ikl 2 $2.0 M to refinance/pay-off the PAYG Note. A potential budget strategy for Tax Increment District No. 5 on the use of tax increment to maximize investment opportunities within the Shingle Creek Crossing Development could be structured to include: Debt Service approximately $350,000 (2018-2029) Admin Expenses $50,000 (10% of annual increment) Pooling Activities $50,000 (10% of annual increment) TIF 2 Inter-Fund Loan $40,000 ($700,000 balance) A large portion of the tax increment generated in 2016 and 2017, projected to be in the range of $700,0004800,000, could be placed in a debt service reserve. Future development of the remaining undeveloped lots has been estimated to exceed $100,000 of increment annually (2021-2029). Budget Issues: The partial repayment of the TIF 2 Inter-Fund Loan could be finance the acquisition of the 4 acres within Shingle Creek Crossing, previously identified as a potential to complete the full daylighting of Shingle Creek and reserve two pad sites for future restaurant opportunities. Additionally, the feasibility of this area to facilitate storm water management opportunities for portions of the Opportunity Site and the redevelopment a portion of the Kohl's Lot is being considered. The refinancing of the balance of the PAYG Note is projected to save approximately $300,000 in interest expenses. Policy Issues: Is the EDA/City Council interested in proceeding in a G.O. Tax Increment Bond Issue for TIF 5 that would include the partial refunding of the TIF 2 Inter-Fund Loan and refinancing the PAYG Note? Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Work Session Agenda Item No. 3 MEM ORAN D UMDW'A [I] 1iI I1Ii i1flh'[iI I S!A'LI)WORK aE'fI (S)1 DATE: September 26, 2016 TO: Curt Boganey, City Manager FROM: Reggie Edwards, Interim Assistant to the City Manager 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). Also, attached for consideration is an alternative resolution tendered by City Council Member, Dan Ryan. Background: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 22nd and August 8th, 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. 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 12t1, 2016) for discussion. Mission: Ensuring an attractive, clean, safe, inclusive coinniunity that enhances the quality of life for all people and preserves the public trust k'A I a [I) 1LO$Jh'A EWk[II I SAIl] 1 SJ *fJ O)I 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 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 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. Curt Boganey om: Dan Ryan Sent: Thursday, September 22, 2016 8:12 AM To: Curt Boganey Attachments: RESOLUTION for Greater Economic Opportunity in B.C..docx Curt, Due to my absence September 12th, city council Work Session #3, under ACTIVE DISCUSSION ITEMS, was deferred to the Monday, September 26th, council meeting work session. That item described as: "3. Discussion Regarding Resolution Committing the City of Brooklyn Center to Collaboratively Ensure Economic Stability for all Residents, Businesses and Enterpreneurs by Committing to the Elimination of Economic Racial Disparites and Providing for a Mutually Prosperous Community." Attached here is an alternative draft resolution for council consideration. Thank you for your assistance in this matter. Dan Ryan City of Brooklyn Center Councilmember Home 763-535-4177 councilmemberryan@ci.brooklyfl-Cetlter.mThUS RESOLUTION NO._________ RESOLUTION COMMITTING THE CITY OF BROOKLYN CENTER TO PROMOTE GREATER ECONOMIC STABILITY FOR OUR RESIDENTS BY WORKING COLLABORATIVELY WITH REGIONAL STAKEHOLDERS TOWARD THE GOAL OF ELIMINATING THE ECONOMIC DISPARITIES SUFFERED BY MANY OF OUR RESIDENTS WHEREAS, far too many of the residents of the City of Brooklyn Center earn incomes significantly below the median income for Hennepin County generally, as shown by U.S. Census Bureau data, which has contributed to an increase in the number of low income and poor households in the City, and WHEREAS, the City of Brooklyn Center has identified and acknowledged significant disparities in its local economy that can and must be improved, we commit to an effort to design and implement economic equity strategies that will promote the potential of every resident of Brooklyn Center, and WHEREAS, the Twin Cities region has been harmed by an unacceptable pattern of economic disparities, our City commits to developing a creative and innovative program that will make our region - already one of the best in the world, generally - also the best in the world for everyone, and WHEREAS, the City of Brooklyn Center recognizes that the economic disparities and lack of opportunity that adversely affects too many of our residents are beyond the means of the City, acting alone, to correct, and NOW, THEREFORE BE IT RESOLVED by the City of Brooklyn Center, Minnesota, in order to ensure that we establish a greater and more equitable distribution of opportunities to all of our residents that we firmly commit to taking the following steps: I. Form and convene a community coalition that will gather local insight and as well as professional expertise to help design an effective economic equity approach, one that addresses the needs of all of our diverse communities and is appropriate for the City; 2.Use a series of broader community gatherings to share what the City is learning and doing to eliminate such disparities and foster mutual thriving; 3.The city shall engage such stakeholders including, but not limited to, all relevant regional, state and federal government entities, non-profit foundations, colleges and technical educational institutions, regional businesses and private employers; 4. Build capacity within the City to sustain this effort, until a significant and measurable increase in economic opportunity has been achieved for our residents.