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HomeMy WebLinkAbout2016 10-10 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION October 10, 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 October 10, 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 26, 2016— Study Session 2.September 26, 2016 - Regular Session 3. September 26, 2016 - Work Session b. Licenses C. Resolution Ordering the Abatement of Conditions Creating a Nuisance and a Hazardous Property Existing at 7000 Oliver Avenue North in the City of Brooklyn Center d.Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, City Council Chambers Remodeling Project e.Resolution Providing for the Competitive Negotiated Sale of General Obligation Tax Increment Refunding Bonds, Series 2016B and Taxable General Obligation Tax Increment Refunding Bonds, Series 2016C CITY COUNCIL AGENDA -2- October 10, 2016 7. Presentations/Proclamations/Recognitions/Donations a.Resolution Recognizing Volunteers Who Participated in the City of Brooklyn Center's 2016 Landscape and Garden Spotlight Requested Council Action: —Motion to adopt resolution. b.Resolution Expressing Recognition and Appreciation of Sue LaCrosse for Over 39 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. 8. Public Hearings a. An Ordinance Amending Chapter 35 - Zoning of the City Code of Ordinances Regarding the Regulation of Floodplain Management within the City of Brooklyn Center, Minnesota —The Planning Commission recommended unanimous approval of this Ordinance at its September 1, 2016, special meeting. —This item was first read on September 12, 2016; published in the official newspaper on September 22, 2016; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt Ordinance. 9.Planning Commission Items —None. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.3300 6Sth Ave N 2.2833 67thLnN 3.6737 Camden Ave N 4.Resolution Approving a Type IV 6-Month Provisional Rental License for 5444 Dupont 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. 11.Council Report 12.Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIl ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 10, 2016 Immediately Follo\irig 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.Lodging Establishment Licensing 2.City of Brooklyn Center Socioeconomic Opportunity - Resolution Commitment and Regional Leadership 3.City of Brooklyn Center Prevention and Response to Civil and Social Unrest 4.Trailhead Parking and Play Nodes PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.CDBG Public Service Process —November 2016 2.Centennial Park Improvements 3.Solar Energy Options 4.Paperless Packets Report 5.Body Camera Implementation and Policy 6.City Policy on First Amendment Assemblies iits ri i 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 26, 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 (arrived at 6:06 p.m.), Kris Lawrence- Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS MISCELLANEOUS Councilmember Ryan apologized for being absent from the last Council meeting. He asked Mr. Boganey if he could please walk through the water issue from the last meeting, specifically wanting clarification on Option No. 2 given on that item. Mayor Willson stated one issue was the chlorine smell and the disinfectant, along with chemicals which are in their pipes which as a result is the brown flecks they get. Councilmember Ryan stated he can review the report and then address his questions to Mr. Boganey at a later date. Mr. Boganey stated Option No. 2 conclusion was that we make adjustments and give it some time and wait for further EPA information on this item and then review the EPA data. Mayor Willson stated the taste of the water was one of the large issues and if we go to chlorination of the water it will further change the taste of the water. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PROPOSED CITY COUNCIL CHAMBERS REMODELING PROJECT 09/26/16 -1- DRAFT Mr. Glasoe introduced this item and invited Bruce Schwartzman and Michael Healy of BKV Design forward to discuss this project in detail. Mr. Schwartzman provided a presentation with the proposed plans and layout of this project. He noted the dais will be fully accessible, the walls will be designed to project sound throughout the room, the lighting will be updated with a strip of lighting behind the dais, technology will be updated throughout and a new color scheme including different wood types that will complement the chambers. Councilmember Ryan asked if the updated lighting will increase the ability to see Councilmembers on video. He noted a time he wore a white shirt he was glowing from the lighting. Mr. Schwartzman responded it will. He noted it will have dimming capabilities as well. Councilmember Lawrence-Anderson asked if safety features were being added to the Chambers in this plan. She noted the door behind the secretary seat has always been a concern for her as it doesn't close properly. She also stated it would be preferred to have panic buttons or something similar as well. Mr. Glasoe responded affirmatively, safety is one of the driving factors of this plan and the doors will all be locked with keycard access and everything will be secure. Mr. Boganey stated the plan is to bring this back to the Council with specifications for approval to move forward with the next phase which would be to get bids for the project. He noted at that point they will have a better idea on the estimated costs. STRUCTURING OF A TIF 5 BOND ISSUE (PARTIAL REFUNDING OF TIF 2 INTER- FUND LOAN AND REFINANCING THE PAYG NOTE) Mr. Eitel introduced this item and provided a presentation and background on this item. He noted the recommendation is for the Council to consider providing direction to staff regarding proceeding with a Tax Increment District 5 Bond Issue to partially refund the $2.4 million TIF 2 Inter-Fund Loan and refinance the balance of the Shingle Creek Crossing PAYG Note. Mayor Willson stated he appreciated hearing both the upside and downside of this item. Councilmember Ryan asked if it would be possible to use the funds for other projects if the developers didn't come forward. Mr. Eitel responded affirmatively, the TIF 5 could use any funds for anything within the TIF 5 district at that point. It was the consensus of the Council to move forward with this item. 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 Mr. Boganey introduced this item and provided background on this item. 09/26/16 -2- DRAFT Councilmember Ryan reviewed the changes he made to the original proposed Resolution. He stated his concern is that residents will mistake what the main objective is if they move forward with the original language in the Resolution. He stated the purpose of this Resolution is to make it clear the City wants to ensure equality for all residents, specifically those who are most impacted by these issues. Mayor Willson stated he would like to take a stronger stance on this issue. He stated with the City's diverse community there are many people who suffer as a result of the racial disparities. Councilmember Ryan stated he feels Mayor Willson has the same idea as he does; there is only a difference in approach to get to the same result. He noted his concern is that people will not understand what they are trying to do with this Resolution. Mayor Willson stated he agrees with Councilmember Ryan's stance within the community, however, he stated he would like to look at partnering with other cities within the Metro area to make a bigger impact as well. Discussion of this item continued and reached conclusion at the Work Session later in the evening. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 09/26/16 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 26, 2016 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, Fire Chief Lee Gatlin, 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. No one wished to address the City Council. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Myszkowski read a quote by Albert Einstein as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 4. ROLL CALL 09/26/16 -1- DRAFT Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Police Chief Tim Gannon, 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 Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. 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 6b. LICENSES MECHANICAL Assured Heating A/C Ref Inc. Boiler Services, Inc. MN Plumbing and Appliances Inc. Owens Companies, Inc. Perfection Heating & Air Twin City Fireplace and Stone Co. RENTAL INITIAL (TYPE III— one-year license) 5331 Camden Avenue North INITIAL (TYPE II— two-year license) 3213 Quarles Road 13571 Balsam Lane North, Dayton 10327 Flanders Street NE, Blame 14105 Rutgers Street NE, Prior Lake 930 East 80th Street, Bloomington 1770 Gervais Avenue, Maplewood 6521 Cecilia Circle, Edina Ross Herman Infinite Property LLC RENEWAL (TYPE III— one-year license) 2001 54th Avenue North Ying Que 1118 62nd Avenue North Elbrus Management 6243 France Avenue North RHA 3, LLC 09/26/16 -2- DRAFT I'ENEWAL (TYPE II— two-year license) 6107 Bryant Avenue North Daniel Yesnes 6230 Great View Avenue North JDA Group LLC do Julie Atkinson RENEWAL (TYPE I— three-year license) 5900 Beard Avenue North Stephanie Trogen-Keeler 3319 Mumford Road William Coleman 6c.RESOLUTION NO. 2016-150 AUTHORIZING THE CITY MANAGER TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS 6d.RESOLUTION NO. 2016-151 RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6e. RESOLUTION NO. 2016-152 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES 61. RESOLUTION NO. 2016-153 REJECTING BIDS, IMPROVEMENT PROJECT NO. 2016-17, CITY HALL/PUBLIC WORKS PARKING LOT IMPROVEMENTS 6g.RESOULTION NO. 2016-154 REJECTING BIDS, IMPROVEMENT PROJECT NO. 2016-09, 69TH AVENUE GREENWAY AND CAHLANDER PARK FENCE REPLACEMENT IMPROVEMENTS 6h.RESOULTION NO. 2016-155 AUTHORIZING THE APPLICATION AND EXECUTION OF THE METROPOLITAN COUNCIL GRANT AGREEMENT FOR INFLOW AND INFILTRATION 6i.RESOLUTION NO. 2016-156 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 IIENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER 6j.RESOLUTION NO. 2016-157 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 09/26/16 -3- DRAFT RESPECT TO THE BONDS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PRESENTATION BY NEIL RALSTON, A.A.E./AIRPORT PLANNER WITH METROPOLITAN AIRPORTS COMMISSION (MAC) - 2035 LONG-TERM COMPREHENSIVE PLAN AND AIRFIELD IMPROVEMENTS FOR THE CRYSTAL AIRPORT Mr. Neil Ralston provided a presentation and background on this item and asked Council if they had any questions for him. Mayor Willson asked why they are not planning to have an open house in Brooklyn Center for this item. He noted the runways end in Brooklyn Center. Mr. Ralston stated the thought was that having one meeting in the Northern location and another in a Southern location, would allow convenient locations for all surrounding residents to attend a meeting. Councilmember Lawrence-Anderson asked which two runways will be staying open. Mr. Ralston clarified the two staying open. She noted she lives right there by the airport and was concerned about the impact it will have on the noise levels she has at her home compared to the levels now. He stated there won't be much change or impact as they aren't proposing any changes to the runway she referenced. Councilmember Graves asked how many jobs were lost during the recession and what types of pollution do the planes emit. Gary Schmidt with MAC was invited up to speak about the jobs and employment. He stated after the devastation of 9/11, they definitely lost some jobs and it took a while to recover. He stated with the revitalization of the airport they hope to get some jobs back along with business. Mr. Ralston spoke to her question regarding pollution from the planes. He stated in order to get the funding, they will undergo an environmental review and noted airplanes undergo inspections much more often than cars. The smaller aircrafts don't have nearly as much exhaust as commercial aircrafts; however they do follow the same procedures as those larger airplanes. Councilmember Ryan moved and Councilmember Myszkowski seconded to receive the Report by Neil Ralston, A.A.E./Airport Planner with Metropolitan Airports Commission (MAC) - 2035 Long-Term Comprehensive Plan and Airfield Improvements for the Crystal Airport. Motion passed unanimously. 8.PUBLIC HEARINGS 09/26/16 -4- DRAFT 8a. CONTINUED SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS Deputy Director of Building and Community Standards Jesse Anderson introduced this item and provided background on all properties relating to this item. Councilmember Lawrence-Anderson asked if a vehicle is on a jack stand is that an automatic code violation. Mr. Anderson stated no, the code allows for automobiles to be on jacks for 24 hours to work on the vehicle. Councilmember Lawrence-Anderson also asked if they are allowed to dry brush in the yard for a bonfire. He stated that isn't allowed. Councilmember Graves asked if there is a specific time frame between when the notice is issued and when the violation is issued. Mr. Anderson stated there isn't a set time frame, but typically they give two weeks from the first notice and an additional two weeks after the second notice. Councilmember Graves stated she is concerned about the unfairness of the possibility that someone may not like a neighbor and they will continue to call in violations. She noted they should be tracking the person giving the complaint. Mr. Boganey stated he believes in most cases the officers patrol the neighborhood when called on a violation, and they check to see if others are in violation as well including the person who reports the violation. Councilmember Graves stated she thinks it would be helpful to people if they could put a time frame on the opportunity to correct the violation prior to the fines and violations being issued so they know how long they have to fix it. Mr. Boganey stated it does help and rather than a ticket an attempt is made to knock on the doors to let people know there is a violation so they are given a chance to explain themselves and set up an arrangement. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. Kodj o Oyedade, 6236 Chowen Avenue, addressed the Council. He noted he tried to speak with someone regarding the violations on his property and they told him they didn't have information on his file as well as informed him his address didn't match his name as the owner. He stated as a result of not being able to speak with someone with the City he wasn't sure what the notice was for so he was unable to correct the violations initially. He noted he is asking for lenience on the fees assessed. Councilmember Ryan asked for clarification on the process which occurred for Mr. Oyedade's property. Mr. Anderson further explained the timeline and explained the steps taken by the City to try to resolve the violations at this property. He noted there were several extensions provided to Mr. Oyedade to correct the violations. Mayor Willson asked if the Maple Grove location for dropping off brush and debris is open in March 50 Mr. Oyedade could have disposed of the pile which was part of the violation given. 09/26/16 -5- DRAFT Mr. Anderson stated no, that location isn't open in March however; he stated there are other locations open at that time for disposal of those items. He noted they are not the first choice due to them charging for disposal of these items but there are those other options. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson stated she has sympathy for Mr. Oyedade; however, given the first notice of the violations was given 10 months before the violations were corrected she stated there was significant time for him to correct them. She noted the staff time utilized to continue trying to work with the owner on these violations was sufficient. She stated given these efforts failed she feels it is reasonable to deny a request for revocation of the fees. Mayor Willson and Councilmember Ryan concurred with Councilmember Lawrence-Anderson. It was the consensus of the Council to deny Mr. Oyedade's request and move forward with adopting the Resolution Certifying Special Assessments with all properties included. 1. RESOLUTION NO. 2016-158 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-158 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS None at this time. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items lOal through 10a3. lOal. 3401-3413 47TH AVENUE NORTH 09/26/16 -6- DRAFT 10a2. RESOLUTION NO. 2016-159 APPROVING A TYPE IV RENTAL LICENSE FOR 5337 GIRARIJ AVENUE NORTH 100. RESOLUTION NO. 2016-160 APPROVING A TYPE IV RENTAL LICENSE FOR 5223 XERXES AVENUE NORTH Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 3401-3413 47th Avenue North; and adopt RESOLUTION NO. 2016-159 5337 Girard Avenue North; and RESOLUTION NO. 2016-160 5223 Xerxes 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. PRELIMINARY 2017 LEVY AND BUDGET RESOLUTION NO. 2016-161 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 Finance Director Nate Reinhardt provided a presentation on this item with recommendations being proposed to the City Council. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2016-161 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 Motion passed unanimously. 2. RESOLUTION NO. 2016-162 ADOPTING A PRELIMINARY BUDGET FOR THE 2017 FISCAL YEAR Mr. Boganey introduced the item, explaining this is the second part to the Preliminary 2017 Levy and Budget item previously discussed. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-162 Adopting a Preliminary Budget for the 2017 Fiscal Year. Motion passed unanimously. lOc. SINGLE FAMILY RENTAL LICENSE REVIEW - 5618 HILLSVIEW ROAD 09/26/16 -7- DRAFT Mr. Boganey introduced the item, and invited Police Chief Gannon forward to provide details and background on this item. Chief Gannon provided a presentation on this item outlining the events that led to this action and provided specific information on the laws and City Ordinances relating to this item. Councilmember Myszkowski asked Chief Gannon for clarification that the drug related charges were for possession of marijuana. He stated that is correct. Councilmember Myszkowski clarified that there were scales located at the residence as well which could indicate sales of drugs. Chief Gannon stated the drug charges are for possession, and there were two scales located and some packaging items found; however, there wasn't anything located at the time of the search to link them to sales. Councilmember Lawrence-Anderson wanted clarification on if the owner wanted to evict the renters. Chief Gannon stated no, the owner wasn't looking to evict the renters based on this one violation. Councilmember Graves stated she feels this is not something that should automatically evict the renters. Councilmember Myszkowski stated she feels the same way. She also stated she is concerned about how the neighbors feel about this activity in their neighborhood as well as wonders why the owner would want to keep the renters in their home though. She also noted her concern is these things are happening in their City parks. Mi. Boganey stated they are asking the Council to decide if they want to schedule a hearing to allow the home owner an opportunity to explain why they don't believe they should be required to enforce the drug free addendum. He noted the ordinance states if the owner doesn't want to evict that renter, then the City has the right to revoke the owner's rental license if they wish to do so, based on the Drug Free Addendum that the owner would then be in violation of. He stated the City Council isn't required to hold a hearing. It was the consensus of the Council to move forward with a hearing on this issue. Councilmember Ryan moved and Councilmember Myszkowski seconded to provide direction to staff to schedule a hearing on Single Family Rental License Review located at 5618 Hillsview Road. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • September 20,2016: Attended Forum on Affordable Public Housing • September 21, 2016: Attended North Metro Mayors Association Meeting • September 22, 2016: Attended a Forum for local State Legislative Candidates 09/26/16 -8- DRAFT September 25, 2016: Attended Lions Waffle Breakfast Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • September 13, 2016: Attended Joint Session with Financial Commission Meeting • September 21, 2016: Attended Crime Prevention Board Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • September 13, 2016: Attended Joint Session with Financial Commission Meeting • September 14, 2016: Attended Grandview Park Neighborhood Meeting • September 15, 2016: Attended Council Candidate Forum at United Methodist • September 18, 2016: Attended Fire Station Open House • September 20, 2016: Attended Earle Brown Committee Meeting • September 22, 2016: Attended Brooklyn Center Business Association Meeting • September 27, 2016: Attending League of MN Women Voters Forum Councilmember Graves reported on his attendance at the following and provided information on the following upcoming events: • September 13, 2016: Attended Joint Session with Financial Commission Meeting • September 14, 2016: Attended Grandview Park Neighborhood Meeting • September 29, 2016: Attending MAC Meeting Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • September 14, 2016: Attended Grandview Park Neighborhood Meeting • September 19, 2016: Attended Luncheon at North Hennepin Community College • September 22, 2016: Attended Northwest MN Mayors Association Candidate Forum • September 23, 2016: Attended Hmong Civic Engagement • September 25, 2016: Attended Brooklyn Center BAPS Temple, paid Tribute to His Holiness Pramukh Swami Maharaj 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:58 p.m. Motion passed unanimously. 09/26/16 -9- 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 26, 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/President Tim Willson at 9:22 p.m. ROLL CALL Mayor/President Tim Willson and Councilmember/Commissioners April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 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 - CONTINUED Councilmember/Commissioner Lawrence-Anderson stated her concern is the words being used in the resolution. Councilmember/Commissioner Graves stated the main difference she is seeing in Councilmember/Commissioner Ryan's draft and the original is that his doesn't use the wording "diverse" and "racial". She added she likes the paragraph he added about how they can't act alone. She stated it seems this paragraph provides the clarification that we don't think we can solve this issue ourselves but we are trying to make a difference where we can. She stated she feels strongly that they shouldn't eliminate those words, however; maybe they shouldn't be used as strongly as they were in the first draft. Councilmember/Commissioner Myszkowski stated she agrees it needs to be called "racial disparities" as the news and people are talking about this issue. She stated using the word "all" is a very courageous word to use and doesn't feel taking it out is the right thing to do, as she is concerned it will make some people feel excluded. She stated she likes the original and thinks it is brave in its wording. Councilmember/Commissioner Ryan stated he appreciates the comments and honest feedback. He stated the language he chose wasn't to avoid being bold but to use wording that will 09/26/16 -1- DRAFT inclusively make many people feel that this applies to them. He stated he feels this is an approach that will bring people into the conversation. He stated he is open to further comments and conversation to enhance his draft. Mayor/President Willson stated he proposes the Council review the draft line by line and come up with language they agree on. Councilmember/CommissiOfler Lawrence-Anderson suggested the staff take over this task, as she feels they have a good handle on what they are looking for at this time. Mr. Boganey stated they can do that. He stated there is definitely some consensus on certain wording in which he feels they can create the draft they want. He stated the only issue uncertain is the use of "racial" or "disparity" but he noted if there isn't an issue with using those words entirely, they can just use them less prominently within the document. Mayor/President Willson stated he agrees with Councilmember/Commissiofler Graves that it should be called what it is "Racial Disparities". He asked Mr. Boganey to label the drafts as original and draft for reviewing purposes. Councilmember/Commissioner Graves stated she does like that the original makes reference to the diversity of the City. Councilmember/Commissioner Lawrence-Anderson stated there is an article in an issue of MN League of Cities paper,. about racial equity and building inclusive communities, she noted "equity" could be a good word to use as well. It was the consensus of the City Council to have staff draft another version of this Resolution and present it to the City Council to review at a later date. ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissiofler Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 9:42 p.m. Motion passed unanimously. 09/26/16 -2- DRAFT SItu!u iIwI, iiiu Item [Ei1BJ[iJ I fl I I IhYJ LA I Dk'À 0) UI I1IJi DATE: October 4, 2016 TO: Curt Boganey, City Managé FROM: Rozlyn Tousignant, Deputy City C1erk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on October 10, 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 Bonf&s Plumbing Heating & Air Service Schwantes Heating Sedgwick Heating & Air Condition Swift Mechanical RENTAL See attached report. SIGN HANGER Signarama 505 Randolph Ave, St. Paul, MN 55 102-3615 6080 Oren Ave N, Stillwater MN 55082 1408 Northland Dr. STE 310, Mendota Heights, MN 55120 3404 Victoria St N, Shoreview MN 55126 5451 Nicollet Ave. Minneapolis, MN 55429 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust iISJ[iJ I NI I hYA UhYA I 4 [I] 1I L1lJtI Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria Number - - -- ,-1_.1_. T-L-.-4- License Category INumber 01 Units rroper.y oue v iui4iiuii jJa (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 - - but not more than 4 Type III - 1 Year I 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 1-2 units Greater than 8 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Gieater than 0 25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CI)aO"0 000 0 oo0000lo I CU D3 O 0 000 0 0 000000 ••_ •11 .IIwIII .— Ii 11111 U)0 C C C C C C C C010t0 LLa_ u ===—==———=—=CL Ln C:)m m -1 m CU o U) •1-0-Uj9 Lfl CUo4..,N — ___Lg 0 .2 - 0 ro C co _U) CCU CU ->-•-C 0.0 U) 4C U)-bU CU Q)=— = 0 —U CU 0 0.0 U)-U =U - a. CU F-——-J COCGJ CO <CU CUUCU>-m CU CDCU -S —•m C C0> CO CI)•V)C.U)CEo<< .i<C E°-CUC 0C Ca,CU>.0><i---j i-(9A,II --CU CU CU———CU CU —CU CU CU CU CU CU CU — CU CI) CU —CU Cl)U)U)U)U)U)U)U)U)Cl)U) -- C)) U) C—U)CCCU)U)CU)c:U)CU)CU)CU)C(2)CU)CU)-- IU) -C o — -E C >- C --Cl) 0.2EL _ txo -CU CUCC ECULL CU CU CU CU CU co mm CI, CcoCUCUCC) C U) U)CULLCIJ U)U)U)U)U)U)U)(Ii U) -Q ob C009- 0 4- Z CI)C Z ZO Yb z Z 'CI) (I)(1)U)C U)z - > <C < C <CU U)>U)C 0> U U)OL000 N CU<UZDCU)C0 US Q u± - Eci.C-O 0 00 N N N LI)l LON 0)r1 N NC 40 0).Y C-CLLL -j *0 LIIc-fl II)N mrn 0fC)-4CC)mc-fl .-i rn c-n N 0)LO -4 U * * =_a.LI)C-C)I LI)LI)LI)LI)N C-C)C-C)00 * * * City Couril Agenda Item N0 6c [EI1II[I1 I I I 3k'4 L'A I O1'A (I) 1II UU'A I DATE: October 10, 2016 TO: Curt Boganey, City Manag (6^ FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AND A HAZARDOUS PROPERTY EXISTING AT 7000 OLIVER AVENUE NORTH IN THE CITY OF BROOKLYN CENTER Recommendation: Staff is recommending the adoption of the subject resolution declaring the accessory structure and the principal structure a hazardous building and life safety hazard, authorizing the City Manager to abate the nuisance. The resolution declares the property a Hazardous Building and authorizes the City to enter into an abatement agreement with the property owners. If the owners fail to sign the abatement agreement, staff will proceed with the order to abate; this would require a judge's approval before the abatement can proceed. Background: The property at 7000 Oliver Ave N is currently vacant and uninhabitable due to the existing health and life safety hazards relating to unsanitary conditions and excessive amount of storage. On July 27, 2016 the house was declared a public health nuisance by Hennepin County Environmental Services due to the conditions inside the property. The following is a brief summary of actions related to this recommended Council action: • July 22, 2016 Hennepin County Environmental Health services received a complaint about the hazardous living conditions inside the property. • July 27, 2016 Hennepin County Environmental Health inspected the property with the consent of the owner, excluding the basement of the property. It was declared a Public Health Nuisance due to a mouse infestation, feces (mouse and dog) in the house, narrow pathways, and no egress. Orders were given. • August 12, 2016 Hennepin County Environmental Health Inspector coordinated a follow up inspection with City inspectors and family of the owners. The property remained in violation. At this time the basement of the property was also inspected and a sewage leak was noted. The City Inspectors declared the home not fit for habitation and the property was posted. The occupant left the property in an ambulance for medical reasons. Correction orders were issued by Hennepin County. • August 12, 2016 - September 16, 2016 City staff had multiple conversations with family of the owners regarding removing items they wanted to keep and winterizing the property. Permission to enter, but not occupy the property was granted. IUissioji: Ensuring an attractive, clean, safe, inclusive community that enhances the (Jilalit)' of life for all people and preserves the public trust SII1IJ[iJ I I I M"4 U'A i (I) ii aiJ I • September 8, 2016 family of the owners stated that they intend to stop paying the mortgage on the property and let the property go into foreclosure. • September 9, 2016 and September 16, 2016 City staff met with Hennepin County and discussed options for cleaning up the property. It was determined that the hazardous building state statute or an abatement agreement were most likely options for cleanup. • September 14, 2016 an abatement notice was issued for the inoperable vehicles at the property and the junk and debris stored outside. • September 23, 2016 family of the owner stated that both parties would agree to an abatement to clean up the inside the property. The family also provided keys to the property and permission to access the property in order to begin obtaining bids for the property. • September 27-28, 2016 abatement was conducted including inoperable vehicles and the junk and debris stored outside at the property. Based on findings, staff recommends the City Council adopt the findings of the City Inspectors regarding the hazardous conditions and authorize the City Manager to abate the nuisance by removing any remaining junk and debris, and repairing the immediate damage to the home and property. Budget Issues: The estimated direct cost of cleaning out the house and garage is $30,000 depending on disposal and material costs. All associated costs of abatement will be the responsibility of the owner and if unpaid, the costs will be specially assessed against the property. Strategic Priorities: Enhanced Community Image Attachments: • Agreement • Resolution • Order • Photos • Compliance Notice i3'iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public trust I1thN%i 1W 111' LI kH1 k'AI Ii This Agreement is entered into as of October , 2016 by and between the City of Brooklyn Center, a municipal corporation under the laws of Minnesota (the "City") and Roger M. Quast and Joyce A. Waalk Quast, a married couple. RECITALS WHEREAS, Roger M. Quast and Joyce A. Waalk Quast, as joint tenants, are the fee owners (collectively the "Owner") of the property located at 7000 Oliver Avenue North, Brooklyn Center, Minnesota and legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, on October , 2016, the City Council passed Resolution No. _____ which concluded that the Property is hazardous within the meaning of Minnesota Statutes Section 463.15 and authorized issuance of an order for abatement thereof ("City Order"); and WHEREAS, Minnesota Statutes, Section 463.15 1, authorizes the governing body of any city to remove or correct any hazardous condition of real estate upon obtaining the consent in writing of all owners and lienholders of record and assess the costs thereof to the real estate; and WHEREAS, because the Owner seeks to give consent to the City to rehabilitate the Property pursuant to the terms of this Agreement, the Resolution and the City's Order shall not be served on Owner unless they fail to execute and follow through with this Agreement; and WHEREAS, the City consents to rehabilitate the Property without court action on this matter subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by both parties to this Agreement, the City and the Owner agree as follows: AGREEMENT 1.Recitals. The City and Owner agree that the foregoing Recitals are true and correct and are fully incorporated into this Agreement. 2.Repair of the Building Abatement of Hazardous Properly. The Owner petitions the City to undertake the work necessary to repair the building on the Property and abate the hazardous conditions, with any additional work items determined necessary by the City (the "Work"). The City's Work is subject to the dollar limitation contained in paragraph 3 below. Owner represents that they have a valid interest in the Property and that they have the full legal power and authority to carry out their obligations hereunder. 3.Cost estimate. The Owner has been informed that the estimated cost of the Work, including, without limitation, all engineering, legal, administrative, and fiscal costs is $30,000, but understand and agree to the payment of actual costs up to 120 percent of the estimated cost. Owner requests that 100 percent of the actual cost of the Work, subject to the limitation contained in the preceding sentence, be assessed against the Property. 4.Special Assessment of City Expenses; Waiver. Owner for themselves, and for their successors and assigns in title to the Property, waives notice of hearing and hearing pursuant to Minnesota Statutes Section 429.031 on the Work, and the notice of hearing and hearing on the special assessment levied to finance the Work pursuant to Minnesota Statutes Section 429.061 and specifically requests that as to it, the Work be undertaken and the special assessment be levied against the Property without hearings. Subject only to the limitation contained in paragraph 3 above, Owner for themselves and their successors and assigns, waives the right to appeal the levy of special assessment in accordance with this Agreement pursuant to Minnesota Statutes Section 429.081, or reapportionment thereof upon land division pursuant to Minnesota Statutes Section 429.071, subdivision 3, or otherwise; and further specifically agrees with respect to such special assessment against the Property that: a)any requirements of Minnesota Statutes Chapter 429 with which the City does not comply are hereby waived; b)the increase in fair market value of the Property as a whole resulting from the Work will be in an amount at least equal to the total cost of the work assessed to the Property, and that such increase in fair market value is a special benefit resulting from the project; c)assessment of the actual cost of the Work against the Property as outlined above is reasonable, fair, and equitable and there are no other properties against which such costs should be assessed; d)it is the intention of the City to provide for the payment of such special assessment in one annual installment, assessed in 2017 and payable with taxes in 2018, with interest at the annual rate of eight percent accruing from and after the first payment by the City to contractors retained by it to perform the Work; and e) In the event that the Property is sold, or the Property is pledged as security for any loan the remaining principal amount of the special assessment and all accrued interest will immediately become due and payable. 5. Right of Entry. a)Effective upon the date hereof, Owner hereby grants to the City, its agents, employees, contractors, and invitees the right to enter upon the Property, for the purpose of conducting all activities on the Property necessary to accomplish the Work and for the further purpose of storing materials, equipment, and other items thereon which are needed in connection with the Work. b)The right of entry shall expire on completion of the Work. c) In consideration for such right of entry, the City agrees: (i)to use the Property only for the purposes described herein; and (ii)to do no unnecessary damage to the land. 6. Indemnification and Waiver of Claims. Owner shall indemnify, hold harmless, and defend the City, its officials, employees, contractors, and agents from and against any and all liability, loss, costs, damages, expenses, claims, actions, or judgments, including reasonable attorneys' fees which they, or their agents or contractors may hereinafter sustain, incur, or be required to pay, arising out of or by reason of this Agreement. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes Chapter 466 or otherwise, 7.Maximum Amount Assessed. Nothing in this Agreement shall be deemed to obligate Owner to payment of an assessment in excess of 120 percent of the estimated cost contained above, or the actual cost of the Work, whichever is less, plus interest on the assessment. 8.Cost Exceeds Estimate. In the event that the City determines that the actual cost of the Work will exceed 120 percent of the estimated cost, it will notify the Owner of such determination in writing. Owner will then have five days to determine whether to consent to an increase in the amount of the assessment to include the increased costs. If Owner notifies the City in writing within such period that they will accept the increase, then the City will proceed with the Work. If such notice is not given, the City may terminate the Work, and may, in its discretion proceed with a hazardous building action pursuant to Minnesota Statutes Sections 463.16-463.24. 9. General Provisions. This Agreement represents the entire agreement between the parties and supersedes in all respects all prior agreements of the parties, whether written or otherwise, with respect to the Property. No change, modification or waiver of any provisions of this Agreement will be binding unless it is in writing and signed by both parties. This Agreement shall be construed according to the laws of the state of Minnesota. Any provision of this Agreement which is void or unenforceable may be severed from the remaining provisions without affecting the enforceability of the remaining provisions. 10.Execution in Counterparts. This Agreement may be executed and delivered in two or more counterparts, each of which, when so delivered, shall be an original, but such counterparts shall together constitute but one and the same instrument and agreement. This Agreement shall be deemed to be effective on the last such day any such counterpart is executed. 11.Run with the Land. The provisions of this Agreement shall run with the land and be binding upon the Owner and its respective heirs, successors, and assigns. 12.Recording. The City will record this Agreement against the Property in the land records of Hennepin County. 13.Termination of Agreement. This Agreement shall terminate upon the final payment of the special assessment levied against the Property regarding the Work and the City shall execute and deliver such documents, in recordable form, as are necessary to extinguish the rights hereunder. [SIGNATURE PAGES FOLLOW] IN WITNESS WHEREOF, the City and Owner have caused this Agreement to be duly executed in their names and on their behalf on or as of the date first above written. [1 U I'll) 0 111 UiiI] riR'di.IaIl By: Tim Willson, Mayor By: Sharon Knutson, City Clerk STATE OF MINNESOTA ))ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of , 2016, by Tim Willson and Sharon Knutson, the Mayor and City Clerk, respectively of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of the City. Notary Public [flihI3W Joyce A. Waalk Quast Roger M. Quast STATE OF )ss. COUNTY OF________ ) The foregoing instrument was acknowledged before me this day of , 2016, by and Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 3379300 MORTGAGEE Nationstar Mortgage LLC By:_____ Its Manager STATE OF ) COUNTY OF________ ) The foregoing instrument was acknowledged before me this day of, 2016, by the Manager of Nationstar Mortgage LLC, a Delaware limited liability company on behalf of the company. NOTARY STAMP Notary Public Expiration date of notary EXHIBIT A TO CONSENT AGREEMENT Lot 12, Block 9, in Hipp's East Palmer Lake Addition EXHIBIT B TO CONSENT AGREEMENT City's Resolution and Order Member introduced the following resolution and moved its adoption: RESOLUTION NO. ON WHEREAS, the property located at 7000 Oliver Avenue North, legally described on Exhibit A, attached hereto, which contains a single-family dwelling (the "Subject Property"); and WHEREAS, a physical inspection of the Subject Property by the City Inspectors and Hennepin County Environment Health Personnel on July 27 and August 12, 2016, found the following conditions: garbage strewn around the interior of the dwelling; narrow walking path throughout the dwelling; egress blocked throughout the dwelling (unable to access doors and windows); no access to any rooms, including the basement; conditions allowing the breeding of insects and vermin; unsanitary conditions throughout the dwelling; fire hazards including completely full back porch, basement and no access to furnace or hot water heater; non- functioning lighting throughout; vermin and dog feces on main floor; sewage leaking in basement; and, no access to garage. WHEREAS, the City has communicated its intent to the Owners of the Subject Property that if they fail to comply with the applicable City and County health, building, and fire codes, the City would institute a hazardous building action; and WHEREAS, the Owners have expressed a desire to have the City complete the necessary work on the Property to abate the nuisance and hazardous conditions; and WHEREAS, Minnesota Statutes, Section 463.161 authorizes the governing body of any city or town to order the owners of any hazardous building within the municipality to correct or remove the hazardous condition; and WHEREAS, Minnesota Statutes, Section 463.15, subdivision 3 defines a "hazardous building" as "any building..., which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public safety or health;" WHEREAS, Minnesota Statutes, Section 463.161 et seq. authorizes a city to correct or remove a hazardous condition of any hazardous building if the owner of record fails to do so after a reasonable time and the district court enters a judgment sustaining the city's order; WHEREAS, Minnesota Statutes, Section 463.151, authorizes the governing body of any city to remove or correct any hazardous condition of real estate upon obtaining the consent in writing of all owners and lienholders of record and assess the costs thereof to the real estate; and WHEREAS, the Owner and the City have agreed to enter into a Consent and Waiver Agreement allowing the City to perform the work and assess the costs of the work to the Property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: I. The house located on the Subject Property, specifically the interior conditions which includes excessive rubbish accumulation, harborage grounds, and fire hazards is hazardous as defined by Minnesota Statutes, Section 463.15 and City Code Section 12- 1103. 2.The house also constitutes a public nuisance within the meaning of Minnesota Statutes, Section 609.74 and is unfit for human habitation pursuant to City Code Section 12-1101. 3.The condition of the Property violates City Code Sections 12-301 to 12-306 (Maintenance and Storage and Disposal of Rubbish and Garbage) and 12-310 and 12- 311 (Rodent Harborage). 3.An Abatement Order substantially similar to that attached hereto as Exhibit B shall be served upon all parties with an interest in the Subject Property in order to effectuate this Resolution if the parties do not execute and follow through with the agreed-upon Consent and Waiver Agreement. 4.The Consent and Waiver Agreement is approved. The City Attorney and City staff are authorized to take all necessary steps to secure compliance with the Agreement. 4. Alternatively, the City Attorney and City staff are authorized to take all necessary legal steps to secure compliance with the Abatement Order and to obtain authority to remove and abate the hazardous conditions on the Subject Property by court order and assess the costs thereof against the Subject Property. October 10, 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. EXHIBIT A TO RESOLUTION Legal Description Lot 12, Block 9, in Hipp's East Palmer Lake Addition 1'V1TIRIT U Abatement Order STATE OF MINNNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Other Civil In the Matter of the Hazardous Building Located at 7000 Oliver Avenue North, Brooklyn Center, Minnesota 1111 110 151H I I TO: All owners, occupants, and all lienholders of record. The City Council of the City of Brooklyn Center orders that within 20 days of service of this Order that you abate the hazardous conditions which exist on the property located at: 7000 Oliver Avenue North, in the City of Brooklyn Center, which property is legally described on Exhibit A attached hereto. The City of Brooklyn Center, pursuant to Minnesota Statutes Sections 463.15 to 463 .261, finds that the building located at the above-referenced property, specifically the lack of egress to all doors and windows, excessive accumulation of rubbish preventing safe egress and ingress to and from the structure as well as increasing the fire hazard potential and potential harm to emergency responders constitutes a hazardous building within the meaning of Minnesota Statutes Section 463.15, subdivision 3 and City Code Section 12-1103. The City of Brooklyn Center, pursuant to Minnesota Statutes Sections 145A.05, subdivision 9, 561.01 and 609.74 finds that the property located at the above-referenced address constitutes a "public nuisance". The property is also unfit for human habitation pursuant to City Code Section 12-1101. Pursuant to the above-referenced statutes and ordinances, it is hereby ORDERED that you abate the hazardous property conditions within 20 days of the date of service of this Order by either removing the building or repairing the property by completing the following: 1.Remove all excess junk, rubbish, and unnecessary articles from inside and outside the dwelling; 2.Ensure safe egress to all doors and windows; 3.Restore access to all rooms within the dwelling; 4.Remove and properly dispose of all decaying animal and vegetative matter; 5.Ensure all indoor plumbing is in safe and operable condition; 6.Remove all insect and animal harborage or breeding grounds, including areas on the Property which are susceptible to cause standing water and which serve to harbor vermin; 7.Install screens on all windows to prevent vermin or insect infestation; 8.Restore lighting throughout the dwelling; 9.Ensure access to furnace and hot water heater to eliminate fire hazards; 10.Restore access to garage; 11.Clean up sewage in basement and repair utilities as necessary; and 12.Ensure proper clearance surrounding all appliances to eliminate fire risk posed by excessive rubbish accumulation. 13.Repair broken windows and secure all doors, including garage door. 14.Remove unsafe "lean-to" structure attached to house. 15. Repair or replace deteriorated garden trellis. You must apply for and obtain the appropriate permit(s) for the work you intend to perform from the appropriate City offices before abating the hazardous conditions, This Order is not a permit. Further, all work completed is subject to inspection by the City's building inspector, Fire inspector, and other staff City or County Personnel, as required, to ensure compliance with applicable rules and law. You are further advised that unless such corrective action is taken or an Answer is served on the City and filed with the Hennepin County District Court Administrator within 20 days of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Hennepin County District Court. You are further advised that if you do not comply with this Order and the City is compelled to take any corrective action, all necessary costs incurred by the City in taking the corrective action will be assessed against the property pursuant to Minnesota Statutes Section 463.21. In connection thereto, the City intends to recover all its expenses incurred in carrying out this Order, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys' fees, appraisers' fees, witness fees, including expert witness fees and traveling expenses incurred by the City from the time this Order was originally made pursuant to Minnesota Statutes Section 463.22. Dated ,2016 KENNEDY & GRAVEN, CHARTERED By: Mary D. Tietjen (#279833) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 ATTORNEY FOR THE CITY OF BROOKLYN CENTER EXHBIT A TO ABATEMENT ORDER Legal Description Lot 12, Block 9, in Hipp's East Palmer Lake Addition I 8161522 L ' 1L • j • J8.2016 1522 i __ A I e 14 IITi TT ik" ^ I a I. ip 1! 08.12.2016 15:18 Ik P. I V°V.. ' I .1 .' 08.12.2016 15:1L*01 Aw- I * t 4 II 'I f . 4.I i... L .'o.8.1i2@1i6tk 12.2016 15:00 H, Hennepin County Human Services and Public Health Department Epidemiology and Environmental Health Epidemiology: (612) 543-5230 1011 South First Street, Suite 215 Environmental Health: (612) 543-5200 Hopkins, MN 553439413 FAX: (952) 351-5222 [a ^HennepinI TO: ROGER AND JOYCE QUASI 7000 OLIVER AVE N BROOKLYN CENTER MN 55430 PURSUANT TO THE AUlI10RITY GRANTED EN IIENNEP1N COUNTY ORDINANCE 25 SECTIONS 2.01 F, G, ANI) MINNESOTA STATUTES SECTION 145A.04 (COPIES PROVIDED), BE ADVISED THAT BENNEPIN COUNTY ENVIRONMENTAL HEALTH HAS FOUND THAT A PUBLIC HEALTH NUISANCE EXISTS AT; 7000 OLIVER AVE N BROOKLYN CENTER MN 55430 TO WIT: • Garbage strewn around the interior of the dwelling. • Narrow walking path throughout the dwelling. • Egress blocked through doors and windows. • Conditions found that will allow breeding of insects and vermin. • Unsanitary, conditions in the dwelling. • Lighting not working in all rooms. • Vermin and dog feces on main floor of house. YOU ARE HEREBY ORDEREI) TO ABATE THE NUISANCE AS FOLLOWS: • Remove garbage and unnecessary articles from the dwelling.• Provide clear passage through rooms. • Provide egress to all doors and windows, so emergency personnel can enter the home safely. • Remove and dispose of all decaying and putrid organic matter.• The garbage must be removed from the property. • Clean the dwelling of debris and soil. • The dwelling must be treated for insect and vermin infestation, to remove the pests. • A light must be provided for each room at the time of re-inspection, so that all areas can be easily assessed. 'IRIS ACTION MUST BE COMPLETEE) NO LATER THAN: P.M. ON .1 ELY 26 2016 A re -in s pection must lake place by 12:00 p.n. on August 10, 201 to ensure yourcompliance. I)A'lFA): 212TI1P ___ ___ Jul/a Sefl^Scmior menthllse )(ECEWED 1M TEl): IF PROPERTY OWNER IS NOT PRESENT TO SIGN THIS NOTICE, IT WILL BE LEFT AT THEENTRANCE, WITNESSED 13V: WITNESSED 1W Z7 4 a HennepinAL Epidemiology and Environmental Health Epidemiology: (612) 543-5230 1011 South First Street, Suite 215 Environmental Health: (612) 543-5200 Hopkins, MN 55343-9413 FAX: (952) 351-5222 [MiOoIbUL g SI!] PURSUANT TO THE AUTHORITY GRANTED IN HENNEPJN COUNTY ORDINANCE 25 SECTIONS 2.01 F, G, AND MINNESOTA STATUTES SECTION 145A.04 (COPIES PROVIDED), BE ADVISED THAT HENNE PIN COUNTY ENVIRONMENTAL HEALTH HAS FOUND THAT A PUBLIC HEALTH NUISANCE EXISTS AT: I.14nIL,1 I11II4.!I ,] TO WIT: • Garbage strewn around the interior of the dwelling. • Narrow walking path throughout the dwelling. • Egress blocked throughout, cannot get to doors and windows. • No access to all rooms, including the basement • Conditions found that will allow breeding of insects and vermin. • Unsanitary conditions in the dwelling. • Fire hazards Including completely full back porch, basement, no access to furnace or hot water beater. • Lighting not working in all rooms. • Vermin and dog feces on main floor of house. • Sewage leaking in basement. • No access to garage. YOU ARE HEREBY ORDERED TO ABATE THE NUISANCE AS FOLLOWS: • Remove garbage and unnecessary articles from the dwelling. • Provide clear passage through rooms. • Provide egress to all doors and windows, so emergency personnel can enter the home safely. • Remove and dispose of all decaying and putrid organic matter. THIS ACTION MUST BE COMPLETED NO LATER THAN: 0 P.M. ON SEPTEMBER 12 1_20 16. A re-inspection must take place by 4:00 p.m on September 12,2016 to ensure your compliance. DATED: 2OLk Ju Sdlleys, Senior Ernvironmentalist RECEIVED BY: DATED: City Cou,:mc1 Ag e nda Hem uNo. TU [EI]JJ(iJ I U I N 3I'A UhYA I ik'A (I) 1I flIJ'A I DATE: October 3, 2016 TO: Curt Boganey, City ManagØ' FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, City Council Chambers Remodeling Project Recommendation: It is recommended that the City Council consider approval/adoption of the attached resolution approving the plans and specifications and authorizing the advertisement of bids for the City Council Chambers Remodeling Project. Background: Critical technology improvements and a desire to improve the City Council Chambers aesthetics were the necessitating factors behind the development of plans and specifications for the City Council Chambers remodeling Project. Accordingly, construction plans, specifications and contract documents have been prepared for the project. Staff is prepared to begin the bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in Finance and Commerce. Sealed bids will be collected, opened on a scheduled bid date and tabulated by the City Clerk and the Director of Community Activities, Recreation and Services. Staff anticipates the results will be presented to the City Council for consideration at the November l4th, 2016 City Council meeting. Budget Issues: The total project cost is estimated at $580,000. Of that amount, almost 60% of the project cost is related to technology, lighting, sound and security improvements. In addition, another 15% of the project cost will go towards administration and contingency charges. Annual Technology Grant Funds received from the Northwest Suburban Cable Communications Commission will be used to fund the improvements. Strategic Priorities: Enhanced Community Image 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 PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, CITY COUNCIL CHAMBERS REMODELING PROJECT WHEREAS, the need for critical technology improvements and a desire to improve aesthetics were the necessitating factors behind the development of plans and specifications for the City Council Chambers Remodeling Project; and WHEREAS, said plans and specifications have been prepared under the direction of the Director of Community Activities, Recreation and Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The plans and specifications for the City Council Chambers Remodeling Project are hereby approved and ordered filed with the City Clerk. 2.The City Clerk shall prepare and cause to be inserted in the official newspaper and in Finance and Commerce an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be completed and shall state the time and location at which bids will be opened by the City Clerk and the City Manager, or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. September 26, 2016 Date Mayor ATTEST: City Clerk F LSOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. L) >&zz_J ix LU ED ,I—.LIJ \Yu ll-Irrrrl /) uj AIA 0flIilI$ pill ii w Hoo...J$;H'ii L LF!4'h .h bLU :111il lliil wH .CJ)O IiLULJ-IQ-O z> 0 0 tiiLU iM h cn b LIJ Liiii i1i1QtI1I w4! rnOZSV E cL s z flll 1Db Hh W Lu iF I !! /7 El t\ /1 ciir - I J' )1 / Ali - - f & 7 SECTION 000110 TABLE OF CONTENTS Brooklyn Center Council Remodel Construction Documents DIVISION 00- PROCUREMENT AND CONTRACTING REQUIREMENTS 000ioi Project Title Page 000105 Certifications 000110 Table of Contents 000113 Advertisement for Bid 002100 Instructions to Bidders 002213 Supplementary Instructions to Bidders 004100 Bid Form 004325 Substitution Request Form - Bid Phase 005200 Agreement Form 007200 General Conditions 073000 Supplementary Conditions 07380 Special Conditions DIVISION 01 - GENERAL REQUIREMENTS 011000 Summary of Work 011321 Electronic Files And Cad Release Form 012300 Alternates 012500 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management And Coordination 013200 Construction Progress Documentation 013300 Submittal Procedures 014000 Quality Requirements 014100 Special Testing and Inspections 014200 References Standards And Definitions ois000 Temporary Facilities And Controls 016000 Product Requirements 017000 Execution Requirements 017300 Field Engineering 017329 Cutting And Patching 017419 Construction Waste Management 017700 Closeout Procedures 017823 Operation And Maintenance Data 017836 Warranties 017839 Project Record Documents 017900 Demonstration And Training DIVISION 02— EXISTING CONDITIONS 024119 Selective Demolition DIVISION 05 - METALS 055000 Metal Fabrications 055213 Pipe and Tube Railings DIVISION 06-WOOD, PLASTICS, AND COMPOSITES 061053 Miscellaneous Rough Carpentry 064000 Architectural Woodwork 066116 Solid Surfacing Brooklyn Center Council Remodel Table of Contents 1431.07- Construction Documents 000110-1 DIVISION 08 - OPENINGS 081113 Hollow Metal Doors And Frames 081400 Wood Doors 087100 Door Hardware 088000 Glazing DIVISION 09 - FINISHES 092216 Non-structural Metal Framing 092900 Gypsum Board 095900 Wood Ceiling Paneling 096800 Carpeting 097200 Wall Coverings 098433 Acoustic Wall Paneling 099123 Interior Painting DIVISION 10 - SPECIALTIES 101400 Signage DIVISION 11 - EQUIPMENT (NOT USED) DIVISION 12- FURNISHINGS (NOT USED) DIVISION 13- SPECIAL CONSTRUCTION (NOT USED) DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC) 230500 Common Work Results For HVAC 230529 Hangers and Supports for HVAC Piping 230553 Identification for HVAC Piping and Equipment 230593 Testing, Adjusting and Balancing 230700 HVAC Insulation 233113 Metal Ducts 233713 Diffusers, Registers and Grilles DIVISION 26 - ELECTRICAL 260500 Common Work Results For Electrical 260519 Low-Voltage Electrical Power Conductors And Cables 260526 Grounding And Bonding For Electrical Systems 260529 Hangers And Supports For Electrical Systems 260533 Raceway And Boxes For Electrical Systems 260553 Identification For Electrical Systems 260923 Lighting Control Devices 262726 Wiring Devices 265100 Interior Lighting DIVISION 27- COMMUNICATIONS (NOT USED) DIVISION 28 - ELECTRONIC SAFETY AND SECURITY 280000 Electronic Safety And Security END OF SECTION Brooklyn Center Council Remodel Table of Contents 1431.07 - Construction Documents 000110-2 City Council Agenda Item No. 6e S[I]JJ(S1 I fl N I IA I'A (I) 1I WJk' I DATE: October 10, 2016 TO: Curt Boganey, City Manag FROM: Nathan Reinhardt, Finance Director W. SUBJECT: 2016B General Obligation Tax Increment Refunding Bonds and 2016C Taxable General Obligation Tax Increment Refunding Bonds Recommendation: It is recommended that the City Council consider approval of the attached resolution setting November 14, 2016 as the date of the sale of $2,095,000 General Obligation Tax Increment Refunding Bonds, Series 2016B and $1,750,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2016C. The debt issue will be repaid from tax increment revenues from Tax Increment District 45 and be used to partially refund the $2.4 million inter-fund loan with Tax Increment District #2 and refinance the balance of the Shingle Creek Crossing pay as you go (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 streets, intersection improvements, sidewalks, trail, street lighting, utilities, storm water management, and partial daylighting of Shingle Creek: $2.4 million inter-fund loan from TIF 2 through the Minnesota Jobs Bill and $2.3 million PAYG note at 6% interest that would be repaid from tax increment revenue generated by the Shingle Creek Crossing Development. The current development of Shingle Creek Crossing generates approximately $500,000 in tax increment revenue and has paid down the PAYG note to approximately $2 million. On September 26, 2016 the City Council discussed the structuring of a potential bond issue to include the following: 1.Partial repayment ($1.7 million) of the $2.4 million inter-fund loan 2.$2 million to refinance/pay-off the PAYG note A potential budget strategy for Tax increment District #5 on the use of tax increment to maximize investment opportunities within the Shingle Creek Crossing Development could be structured to include: Pviission: Ensuring an attractive, clean, safe, Inclusive community that enhances the quality of life for all people and preserves the public trust IiIi[SJ I U I N k' U I alk'A (I] iI I1SJ'A I Description Amount Comments Debt Service $350,000 2018-2029 Admin Expenses $50,000 10% of annual increment Pooling Activities $5000 10% of annual increment TIF #2 inter-fund loan $40,000 $700,000 balance I A large portion of the tax increment generated in 2016 and 2017, projected to be in the range of $400,000 - $500,000, could be placed in a debt service reserve. Future development of the remaining undeveloped lots are estimated to exceed $100,000 of increment annually (2021-2029). Budget Issues: The partial repayment of the TIF 42 inter-fund loan could be used to finance the acquisition of four acres within Shingle Creek Crossing, previously identified as a potential area 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 of a portion of the former 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. However, any risk associated with reduced tax increment revenue collections in TIF #5 will be transferred from the developer to the City. The sale and consideration of award will be considered on November 14, 2016. Strategic Priorities: Targeted Redevelopment Ai!ss!oii: Ensuring an attractive, clean, safe, inclusive comnuhluty that enhances the quality of life for all people and preserves the public trust EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA HELD: October 10, 2016 Pursuant to due call and notice thereof, a regular meeting of the City Council of City of Brooklyn Center, Minnesota, was duly called and held at the City Hall in the City on Monday, the 10th day of October, 2016, at 7:00 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2016B AND TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2016C BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.Finding Amount and Purpose. It is hereby found, determined and declared that the City of Brooklyn Center, Minnesota (the "City"), should issue $2,095,000 General Obligation Tax Increment Refunding Bonds, Series 2016B and $1,750,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2016C, to refund the Amended and Restated Tax Increment Revenue Note (Shingle Creek Crossing Project) (the "Note") issued by the Economic Development Authority of Brooklyn Center, Minnesota (the "EDA") to Shingle Creek, LLC (the "Developer") and the EDA' s internal loan from the TIF District No. 2 account which financed certain costs incurred by the Developer. 2.Meeting. This City Council shall meet on the date and at the time and place specified in the form of Terms of Proposal attached hereto as Exhibit A for the purpose of awarding the sale of the Bonds. 3. Competitive Negotiated Sale. The City has retained Springsted Incorporated as an independent municipal advisor, and the City Council hereby determines to sell the Bonds by private negotiation, by way of a competitive sale in response to Terms of Proposal for the Bonds which are not published in any newspaper or journal. 485539v1 JSB BR291-366 4.Terms of Proposal. The terms and conditions of the Bonds and the sale thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby made a part hereof. 5.Official Statement. The City Finance Director and other officers or employees of the City are hereby authorized to participate with Springsted Incorporated in the preparation of an official statement for the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a 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. 485539v1 JSB BR291-366 2 STATE OF MINNESOTA )CITY OF BROOKLYN CENTER ) HENNEPIN COUNTY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center (the "City"), DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript there from insofar as the same relates to the City's $2,095,000 General Obligation Tax Increment Refunding Bonds, Series 2016B and $1,750,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2016C. WITNESS my hand as such Clerk of the City this _____ day of October, 2016. Clerk 485539'1 JSB BR291-366 3 EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,095,000* CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2016B (BOOK ENTRY ONLY) Proposals for the Series 2016B Bonds will be received on Monday, November 14, 2016, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Series 2016B Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Series 2016B Bonds regardless of the manner in which the proposal is submitted. (a)Sealed Bidding, may be submitted in a' sealed envelope or by fax (651) 223-3046 to Springsted. Signed proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted proposal. WIN (b)Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY ®. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all proposals submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY ® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY ® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY ® solely as a communication mechanism to conduct the electronic bidding for the Series 2016B Bonds, and PARITY ® is not an agent of the City. 485539v1 JSB BR291-366 A-i If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY ®, 1359 Broadway, 21 Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE SERIES 2016B BONDS The Series 2016B Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2017. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Series 2016B Bonds will mature February 1 in the years and amounts* as follows: 2018 $155,000 2021 $170,000 2024 $175,000 2027 $185,000 2019 $165,000 2022 $170,000 2025 $180,000 2028 $190,000 2020 $165,000 2023 $170,000 2026 $180,000 2029 $190,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Series 2016B Bonds or the amount of any maturity in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Series 2016B Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. Proposals for the Series 2016B Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Series 2016B Bonds will be issued by means of a book entry system with no physical distribution of Series 2016B Bonds made to the public. The Series 2016B Bonds will be issued in fully registered form and one Series 2016B Bond, representing the aggregate principal amount of the Series 2016B Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Series 2016B Bonds. Individual purchases of the Series 2016B Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Series 2016B Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Series 2016B Bonds, will be required to deposit the Series 2016B Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. 4855390 JSB BR291-366 A-2 OPTIONAL REDEMPTION The City may elect on February 1, 2027, and on any day thereafter, to prepay Series 2016B Bonds due on or after February 1, 2028. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Series 2016B Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Series 2016B Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax increment revenues from the City's Tax Increment Financing District No.5 (A Renewal and Renovation District) Shingle Creek Crossing Project within Housing Development and Redevelopment District Project No. 1 ("TIF District No. 5"). The proceeds will be used to refund an outstanding pay-as-you-go tax increment revenue note between the City and the TIF District No. 5 developer. The pay-as-you-go tax increment revenue note was issued to reimburse the developer for tax increment eligible capital expenditures within TIF District No. 5. BIDDING PARAMETERS Proposals shall be for not less than $2,076,145 plus accrued interest, if any, on the total principal amount of the Series 2016B Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Series 2016B Bonds is adjourned, recessed, or continued to another date without award of the Series 2016B Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Series 2016B Bonds of the same maturity shall bear a single rate from the date of the Series 2016B Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT To have its proposal considered for award, the lowest bidder is required to submit a good faith deposit to the City in the amount of $20,950 (the "Deposit") no later than 1:00 P.M., Central Time on the day of sale. The Deposit may be delivered as described herein in the form of either (i) a certified or cashier's check payable to the City; or (ii) a wire transfer. The lowest bidder shall be solely responsible for the timely delivery of their Deposit whether by check or wire transfer. Neither the City nor Springsted Incorporated have any liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. Certified or Cashier's Check. A Deposit made by certified or cashier's check will be considered timely delivered to the City if it is made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101 by the specified time. Wire Transfer. A Deposit made by wire will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Springsted Incorporated following the receipt and tabulation of proposals. The successful bidder must send an e-mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the lowest bidder (the "purchaser") will be retained by the City and no intcrest will accrue to the purchaser. The amount of the Deposit will be A-3 485539v1 JSB BR291-366 deducted at settlement from the purchase price. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Series 2016B Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City: The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Series 2016B Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Series 2016B Bonds. If the Series 2016B Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Series 2016B Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Series 2016B Bonds. CUSIP NUMBERS If the Series 2016B Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Series 2016B Bonds, but neither the failure to print such numbers on any Series 2016B Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Series 2016B Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about December 8, 2016, the Series 2016B Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Series 2016B Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Series 2016B Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non- compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 1 5c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Series 2016B Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Series 2016B Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of thc Series 2016B Bonds. A-4 4855390 JSB BR291-366 OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Series 2016B Bonds, and said Preliminary Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55 10 1, telephone (651) 223-3000. A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts and interest rates of the Series 2016B Bonds, together with any other information required by law. By awarding the Series 2016B Bonds to an underwriter or underwriting syndicate, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the sole underwriter or to the senior managing underwriter of the syndicate (the "Underwriter" for purposes of this paragraph) to which the Series 2016B Bonds are awarded up to 25 copies of the Final Official Statement. The City designates the Underwriter of the syndicate to which the Series 2016B Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Such Underwriter agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Series 2016B Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 10, 2016 BY ORDER OF THE CITY COUNCIL Is! Sharon Knutson City Clerk A-S 485539v1 JSB BR291-366 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: M $1,750,000* CITY OF BROOKLYN CENTER, MINNESOTA TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2016C (BOOK ENTRY ONLY) Proposals for the Series 2016C Bonds will be received on Monday, November 14, 2016, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Series 2016C Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Series 2016C Bonds regardless of the manner in which the proposal is submitted. (a)Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted proposal. OR (b)Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY ®. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all proposals submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY ® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY ® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®, The City is using the services of PAR! '11'.0 solely as a communication mechanism to conduct the electronic bidding for the Series 2016C Bonds, and PARITY ® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2 nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 Preliminary,' subject to change. A-6 4855390 JSB BR291-366 DETAILS OF THE SERIES 2016C BONDS The Series 2016C Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2017. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Series 2016C Bonds will mature February 1 in the years and amounts* as follows: 2018 $130,000 2021 $140,000 2024 $145,000 2027 $155,000 2019 $135,000 2022 $140,000 2025 $150,000 2028 $160,000 2020 $135,000 2023 $145,000 2026 $150,000 2029 $165,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Series 2016C Bonds or the amount of any maturity in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Series 2016C Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. Proposals for the Series 2016C Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Series 2016C Bonds will be issued by means of a book entry system with no physical distribution of Series 2016C Bonds made to the public. The Series 2016C Bonds will be issued in fully registered form and one Series 2016C Bond, representing the aggregate principal amount of the Series 2016C Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Series 2016C Bonds. Individual purchases of the Series 2016C Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Series 2016C Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Series 2016C Bonds, will be required to deposit the Series 2016C Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2027, and on any day thereafter, to prepay Series 2016C Bonds due on or after February 1, 2028. Redemption maybe in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Series 2016C Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant wilt then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. A-7 485539v1 JSB BR291-366 SECURITY AND PURPOSE The Series 2016C Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax increment revenues from the City's Tax Increment Financing District No.5 (A Renewal and Renovation District) Shingle Creek Crossing Project within Housing Development and Redevelopment District Project No. 1 ("TIF District No. 5"). The proceeds will be used to partially refinance a City inter-fund loan that financed tax increment eligible expenditures within TIF District No. 5. TAXABILITY OF INTEREST The interest to be paid on the Series 2016C Bonds is included in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota corporate and bank excise taxes measured by income. BIDDING PARAMETERS Proposals shall be for not less than $1,734,250 plus accrued interest, if any, on the total principal amount of the Series 2016C Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Series 2016C Bonds is adjourned, recessed, or continued to another date without award of the Series 2016C Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Series 2016C Bonds of the same maturity shall bear a single rate from the date of the Series 2016C Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT To have its proposal considered for award, the lowest bidder is required to submit a good faith deposit to the City in the amount of $17,500 (the "Deposit") no later than 1:00 P.M., Central Time on the day of sale. The Deposit may be delivered as described herein in the form of either (i) a certified or cashier's check payable to the City; or (ii) a wire transfer. The lowest bidder shall be solely responsible for the timely delivery of their Deposit whether by check or wire transfer. Neither the City nor Springsted Incorporated have any liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. Certified or Cashier's Check. A Deposit made by certified or cashier's check will be considered timely delivered to the City if it is made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101 by the specified time. Wire Transfer. A Deposit made by wire will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Springsted Incorporated following the receipt and tabulation of proposals. The successful bidder must send an e-mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the lowest bidder (the "purchaser") will be retained by the City and no interest will accrue to the purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Series 2016C Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. A-8 4855390 JSB BR291-366 The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Series 2016C Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Series 2016C Bonds. If the Series 2016C Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Series 2016C Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Series 2016C Bonds. CUSIP NUMBERS If the Series 2016C Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Series 2016C Bonds, but neither the failure to print such numbers on any Series 2016C Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Series 2016C Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about December 8, 2016, the Series 2016C Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Series 2016C Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Series 2016C Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Series 2016C Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Series 2016C Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Series 2016C Bonds. OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Series 2016C Bonds, and said Preliminary Official Statement will serve as a nearly final Official Statement within the meaning of Rule 1 5c2-12 of the Securities and Exchange Commission. For copies of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Springsted Incorporated, non T011___1____30V JUL'IcsUJt Street, U1W 300, 3au11 Paul, iviiuiiesula .)JJVI, Lelepuolle OJ1) LLJ-)000. A-9 4855390 JSB BR291-366 A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts and interest rates of the Series 2016C Bonds, together with any other information required by law. By awarding the Series 2016C Bonds to an underwriter or underwriting syndicate, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the sole underwriter or to the senior managing underwriter of the syndicate (the "Underwriter" for purposes of this paragraph) to which the Series 2016C Bonds are awarded up to 25 copies of the Final Official Statement. The City designates the Underwriter of the syndicate to which the Series 2016C Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Such Underwriter agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Series 2016C Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 10, 2016 BY ORDER OF THE CITY COUNCIL is! Sharon Knutson City Clerk A-JO 485539v1 JSB BR291-366 City Council Agenda Item No. 7a COUNCW ITEM MEMORANDUM DATE: October 4, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Recognizing Volunteers Who Participated in the City of Brooklyn Center's 2016 Landscape and Garden Spotlight Recommendation: It is recommended that the City Council consider approval of the resolution recognizing volunteers who participated in the City of Brooklyn Center's 2016 Landscape and Garden Spotlight. Background: Originally, this initiative began as a contest in 1995 as part of a community effort to promote beautification and enhancement of properties in Brooklyn Center. The program has more recently been conducted as a voluntary "spotlight" opportunity. As part of the Landscape and Garden Spotlight opportunity, City staff solicited residents and businesses to nominate their own front/side yard garden and/or landscaping or suggest another property that caught their eye. City staff could also nominate a property. Three properties were nominated and those homeowners were contacted requesting participation. The homeowners of the three properties responded to participate and allow photographs to be published in the winter edition of the City Watch Newsletter. Recognition and thanks are provided to the participants for their efforts and hard work in beautifying not only their yard but also their neighborhoods. Budget Issues: Letters of appreciation and Lynde Greenhouse and Nursery gift cards were presented to each participant. Strategic Priorities: e Enhanced Community Image Alission: Ensuring an attractive, clean, safe, inclusive commuizitv that enhances the qualitj' of life fir all people and preserves die public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION RECOGNIZING VOLUNTEERS WHO PARTICIPATED IN THE CITY OF BROOKLYN CENTER'S 2016 LANDSCAPE AND GARDEN SPOTLIGHT WHEREAS, the City Council desires to acknowledge and support the efforts of citizens and area businesses to promote beautification of residential and commercial properties in Brooklyn Center; and WHEREAS, the City Council is appreciative of the hard work and efforts of many residents in gardening and landscaping their properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following residents are to be recognized and honored for their achievements and participation in the City of Brooklyn Center's 2016 Landscape and Garden Spotlight: David Birch ard/oiy Weissman 6412 Colfax Avenue N Jill Dalton/Jack MacMillan 6417 Colfax Avenue N Travis Bonovsky 5540 Emerson Avenue N October 10, 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. P I . CITI CT L± oiIii ;• I -, IuII 4 (, •'4•' $ , I Al '. •i 0 f -f . ,...r ,i o 1A • -••• I '1r4 T:1;? -. .•. IT ''s - r •1 HJ L) (5) ( - 'b) c)LH ED ( K)L-=J IEEI ___ IJ EEE IF of LI () City Council Agenda Item No. 7b [EI]JJ(SJ I fl U U I'A I IYA (13 UHhiM I DATE: October 3, 2016 TO: Curt Boganey, City Manag4i. FROM: Jim Glasoe, Director of Community Activities, Recreation and Service,' SUBJECT: Resolution Expressing Recognition and Appreciation of Sue LaCrosse for over 39 Years of Dedicated Service to the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval/adoption of a resolution expressing recognition and appreciation for the efforts of Sue LaCrosse and her almost forty years of dedicated service to the City of Brooklyn Center. Background: Attached, please find a City Council Resolution expressing appreciation to Sue LaCrosse for over thirty nine years of service to the City of Brooklyn Center. Sue began her employment with the City of Brooklyn Center on May 31, 1977 and retired on October 1, 2016. Sue's efforts allowed for the development of many of the city's recreation programs and services. It is fitting that Sue's almost four decade commitment and contribution to the City of Brooklyn Center is duly recognized. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the pu b/ic trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SUE LACROSSE FOR OVER 39 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Sue began her employment with the City of Brooklyn Center as a Recreation Program Supervisor on May 31, 1977 and retired on October 1, 2016, with more than 39 years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, Sue LaCrosse has consistently provided the City of Brooklyn Center and its residents with exemplary service; and WHEREAS, Sue LaCrosse was instrumental in the development of many of the City's recreation programs and services, including children's dance, gymnastics, special events, specialty camps and afterschool programs; along with unique and lasting recreation offerings such as the Annual Safety Academy program, Halloween party and Holly Sunday event; and WHEREAS, Sue LaCrosse has dutifully served as the staff liaison to the Earle Brown Days Committee for more than three decades; and WHEREAS, Sue LaCrosse played a key role in the conceptual design, fundraising and construction of our Civic & Veterans Memorial Amphitheater; and WHEREAS, Sue LaCrosse has performed her duties in exemplary fashion, assuring the best interests of the City and the citizens were well served; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism Sue displayed in discharging her duties; and WHEREAS, the City Council of the City of Brooklyn Center recognizes the positive impact Sue has made on the City and its citizens. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon recommendation by the City Manager, that the dedicated public service of Sue LaCrosse is duly recognized and appreciated by the City of Brooklyn Center. October 10, 2016 Date Mayor RESOLUTION NO. ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adop CityACouncil AgendalItem uiNo. 1 COUNCII ITEM MEMORANDUM DATE: October 10, 2016 TO: Curt BoGaney, City Mana4 FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Ordinance Amending Chapter 35 - Zoning of the City Code of Ordinances Regarding the Regulation of Floodplain Management within the City of Brooklyn Center, Minnesota Recommendation: It is recommended the City Council, following consideration of this item under Second Reading and after Public Hearing, adopt the Ordinance Amending Chapter 35 - Zoning of the City Code of Ordinances Regarding the Regulation of Floodplain Management within the City of Brooklyn Center, Minnesota. Background: On May 4, 2016, the City of Brooklyn Center received a notice letter from the Federal Emergency Management Agency (FEMA) to update its floodplain regulations. This Letter of Final Determination (LFD) explains that the Flood Insurance Rate Maps (FIRM's) of the community, as well as the Hennepin County Flood Insurance Study, are now complete and will become effective November 4, 2016. As a condition of continued eligibility in the National Flood Insurance Program (NFIP), FEMA requires all communities enrolled in the program to adopt the updated floodplain management regulations as contained in the proposed ordinance, which meets the standards of Paragraph 60.3(d) of NFIP regulations (44 CFR 59, etc.) by a November 4th effective date. FEMA has advised that, "...without exception... ". a community will be suspended from the National Flood Insurance Program if the required floodplain ordinance documents are not received in its Chicago Regional Office by the this effective date deadline. The City has received and reviewed the hard-copies of the updated Flood Insurance Rate Maps (FIRM) of the community, along with the Flood Insurance Study (FIS) manuals, which include "Flood Profile" section maps as an added reference and related attachment. FEMA also provided a CD-ROM of all new digitized floodplain mapping for the community, and shapefiles for our own GIS mapping systems. Notable Revisions: From an overall review standpoint, the changes made from the current Floodplain Management Ordinance to the newly proposed Floodplain Ordinance are not extensive. Most of these new 1'fission: Ensuring an attractive, clean, safe, inclusive community ti/fit enhances the quality of life for all people and preserves the public (lust COUNCIL ITEM MEMORANDUM text changes represent what FEMA and the Minnesota Department of Natural Resources (DNR) representatives requested be incorporated into the city codes of all communities enrolled in the floodplain program and within Hennepin County. For the most part, the permitted and special uses, and general floodplain (development) standards are relatively unchanged. New definitions, such as "Accessory Structure", "Base Flood Elevation", "Basement", "Critical Facilities" and a few others have been added or modified as part of this ordinance update. City staff also conducted a comprehensive review of the new floodplain maps submitted by FEMA, and did a side-by-side comparison of all floodplain mapped areas from 2004 to the updated 2016 mapping. The initial comments received from DNR staff (floodplain specialists) was the City is not expected to experience any significant impacts or mapping changes that would drastically affect or change the status of most properties in our community. Some of these changes are noted (and illustrated) as follows: 1) Minor change in the 100year floodplain on two properties located in the northern block between Penn and Oliver Avenue North south of 73Fd Avenue North (along the city borderline with Brooklyn Park - image below). This floodplain revision does not affect the residential or accessory structures on these two lots, therefore Staff does not feel this change negatively impacts these properties. 1L 1' 7242 'r243 \ \ 7242 r r, - "... r II - 0230 2) Two properties identified as 7236 and 7230 Oliver Avenue North are now shown (image below- next page) with the adjacent 500-Year floodplain line being shifted inside the respective property boundaries. Again, no structures are impacted due to this revision. Mission: Eizszii'ing an attractive, clean, safe, inclusive conununity tll(It enhances the quality of life for all people and preserves the public trust COUNC]IL ]ITIEM MEMORANDUM 73140 I -- - 7242 243 \ \ \ \ 7242 7243 -0_y? 7225 .\ - 7237 7237 J. 722 1 20 ( 1237 72 21I' \ j 720 Alip 225 7224 - -0 - - 2224 7225 279 _____ - 1 'I - 72 3) A slight reduction of a very small area of floodplain within the 1-694 right-of-way and generally located underneath the eastbound ramp from 1-694 to 1-94 East (image below - left); and a reduction of the Floodway boundary within the North Mississippi River Regional Park ((image below right). j-.,K k Recommendation: At the September 1, 2016 Planning Commission Special Meeting, the Commission was presented the proposed draft ordinance language, and conducted a duly noticed public hearing regarding these updated floodplain standards, mapping, and proposed City Code text changes. The Planning Commission recommended unanimous approval of this Ordinance. Mission: Eiisuiing an attractive, clean, safe, inclizsij'e community that enhances the qualm' of ilfe for al/people and preserves the public trust EIiI[iI I R I I LA I akTA [0) iiI R1SJk1 The City Attorney has also reviewed this Ordinance, and approved its initial form, context and language. This item was first read on September 12, 2016; published in the official newspaper on September 22, 2016; and is offered this evening for Public Hearing. Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 10th day of October 2016 at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Floodplain Management within the community of Brooklyn Center, Minnesota. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. ORDINANCE NO. 2016 - AN ORDINANCE AMENDING CHAPTER 35—ZONING OF THE CITY CODE OF ORDINANCES REGARDING THE REGULATION OF FLOODPLAIN MANAGEMENT WITHIN THE CITY OF BROOKLYN CENTER, MINNESOTA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Sections 35-2100 through 35-2181, along with Sections 35-2190 through 35-2220 are amended by deleting them in their entirety and replacing them with the following: Section 35-2100. FLOODPLAIN MANAGEMENT Subsection 1. Statutory Authorization, Findings of Fact and Purpose L Statutory Authorization a. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 1 03F and Chapter 462 delegated the responsibility to local gOvernment units to adopt regulations designed to minimize flood losses. Therefore. the City Council of Brooklyn Center. Minnesota does ordain as follows. 2. Purpose a. This ordinance reulates develonment in the flood hazard areas of the City of Brooklyn Center (hereinafter referred to in some cases as the "City"). These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. ORDINANCE NO. 2016- b. National Flood Insurance Program Compliance. This ordinance is adopted Jto comply with the rules and regulations of the National Flood Insurance oram codified as 44 Code of Federal, Regulations Parts 59 -78, as amended, so as to maintain the eligibility in the National Flood Insurance Program. C. This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderatfino&an stormwater impacts, improve water quality, reduce soil erosion, tect and riparian habitat, provide recreational opportunities.provide aesthetibnfiis and enhance community and economic development. Subsection 2. General Provisions L How to Use This Ordinance a. This ordinance adopts the floodplain maps applicable to the City_oLBrooklyn Center and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. h. Where Floodway and Flood Fringe districts are delineated on the floodplain mp the standards in Subsections 4 and 5 will, apply, depending on the location ofa propL C. Locations where Floodway and, Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain distri Within the General Floodplain district, the Floodway District staaathsin Subsection 4 apply, unless the floodway boundary is deteimined, according the process outlined in Subsection 6. Once the floodway boundary is deteniinth Flood Fringe District standards in Subsection S may apply outside the floodw&y 2. Lands to Which Ordinance Applies a. This ordinance applies to all lands within the jurisdiction of the CityrQii3oklll Center shown on the Official Zoning Map and/or the attachments tothe maas being located within the boundaries of the Floodway, Flood Fringe. oGeflcra1 Floodplain Districts. h. The Floodway, Flood Fringe and General Floodplain Districts are oyeflaydiricts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements, in this ordinance. In case of a conflict, the more restrictive standards will apply. a. Incorporation of Maps by Reference ORDINANCE NO. 2016 a.The following maps together with all attached material are hereby adopted by Minnesota, and Incorporated Areas. dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4. 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the offices of the Zoning Official and the City Clerk- b.Effective Flood Insurance Rate Map panels numbers as follows: 27053CO203F 27053CO204F 27053CO208F 27053CO209F 27053CO212F 27053CO21 6F 4.Regulatory Flood Protection Elevation a. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 5.Interpretation a.The boundaries of the zonina districts are determined by scaling distances on the Flood Insurance Rate Map. b.Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions. the flood elevations shall be the governing factor. The Zoning Official must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain. and other available technical data. C. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. 6. Abrogation and Greater Restrictions a. It is not intended by this ordinance to reneal. abrogate. or impair any existin easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. IL Warning and Disclaimer ofLiability ORDINANCE NO. 2016- a. This ordinance does not imply that areas outside the floodplain districts or land or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 8.Severability a. If any section. clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law. the remainder of this ordinance shall not be affected and shall remain in full force. 9.Definitions a. Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable applicatin Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to. the principal use or structure.. Base Flood Elevation - The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey.. Basement - any area of a structure, including crawl spaces, having its floor qt base subarade (below ground level) on all four sides, reaardless of the depth of excavation below around level. Critical Facilities - facilities necessary to a community's nublic health and safcy those that store or produce highly volatile, toxic or water-reactive materials, and the that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examnles of critical facilities include hospitals, correctional facilities schools. daycare facilities. nursing homes. fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. Development - any manmade change to improved or unimproved real estate. including buildings or other structures, mining. dredging, filling. grading. paying . excavation or drilling operations, or storage of equipment or materiaIs Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that floodplain lands on both sides of a -stream r capable of conveying a proportionate share of flood flows. ORDINANCE NO. 2016- Farm Fence - A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a)- (d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe - the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. Flood Insurance Rate Map - an official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRIvI). Flood Prone Area - any land susceptible to being inundated by water from any source (see "Flood"). Floodplain - the beds proper and the areas adjoining a wetland. lake or watercourse which have been or hereafter may be covered by the regional flood. Floodproofinu - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding. primarily for the reduction or elimination of flood damages. Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor: provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation desian requirements of 44 Code of Federal Regulations. Part 60.3. Manufactured Home - a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent ORDINANCE NO. 2016- foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehick1' New Construction - Struètures. including additions and improvements, and pl acement of manufactured homes, for which the start of construction commen ce d on or after the effective date of this ordinance. Obstruction - any dam. wall, wharf, embankment, levee, dike. pile. abutment, ppjection, excavation, channel modification, culvert, building, wire, fence. stockpile. refuse, fill, structure, or matter in, alonn, across, or projecting into chainnel, watercourse, or regulatory floodplain which may impede. retard, or change the direction of the flow of water. either in itself or by catchinaor collecting debris carried by such water. One Hundred Year Floodplain - lands inundated by the "Regional Flood". se e definition below Principal Use or Structure - all uses or structures that are not accessory uses or structures. Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge cross in gs wo uld most typically constitute a reach. Recreational Vehicle - a vehicle that is built on a single chassis. is 400 square feet or less when measured at the largest horizontal projection, is designed to be self- p ro pelled or permanently towable by a light duty truck, and is desi gned primarily not for use as a permanent dwelling but as temporary living quarters for recreational. camping. travel, or seasonal use. For the puoses of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be exp e cted to occur on an average frequencyin the magnitude of the 1% chance 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.j R e gulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. ORDINANCE NO. 2016- Repetitive Loss - Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. Special Flood Hazard Area - a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." Special Use - a specific type of structure or land use listed in the official control that may be allowed, subject to the procedures and standards contained in Subsection 10, Subpart 4 of this ordinance, but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist; and (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. Start of Construction - includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site such as the pouring of slab or footinas, the installation of piles, the construction of columns. or any work beyond the stage of excavation: or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways: nor does it include excavation for a basement. footings, piers. foundations. or the erection of temporary forms; no does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, )whether or not that alteration affects the external dimensions of the buildina. Structure - anything constructed or erected on the around or attached to the ground or on-site utilities, includina, but not limited to, buildings, factories, sheds, detached aaraaes, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Subsection 9. Subpart 2.c. of this ordinance and other similar items. Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to it's before damaged condition would equal or exceed fifty percent (5 0%) of the market value of the structure before the damage occurred. ORDINANCE NO. 2016- Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance an aiij, repair after damage, addition. or other improvement of a structure. the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage." regardless of the actual repair work pformed. The term does not, however, include either:. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. jj Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structur" For_the purpose of this ordinance, "historic structure" is as definedin44 Code of Federal Regulations, Part 59.L Zoning Official - The Zoning Official shall be the City Manaaer who may designate other employees or agents of the City to perform the duties of the zoning official. ic!_ Annexations a. The Flood Insurance Rate Map panels adopted by reference into Subsection2 4 Subpart 3 above may include floodplain areas that lie outside of the corporate boundaries of the City of Brooklyn Center at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Brooklyn Center after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediatiy upon the date of annexaticu 11. Detachments The Flood Insurance Rate Map panels adopted by reference into Subsection2 Subpart 3. above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If anyp' these floodplain land areas are detached from a municipality and come under the jurisdiction of the City of Brooklyn Center after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment. Subsection 3. Establishment of Zoning Districts 1. Districts ORDINANCE NO. 2016- a. Floodway District The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Subsection 2. Subpart 3. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. h. Flood Fringe District The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Subsection 2. Subpart 3. but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the one percent (1%) annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. C. General Floodplain District The General Floodplain District includes those areas within Zone A as shown on the Flood Insurance Rate Map adopted in Subsection 2. Subpart 3. 2. Applicability a. Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches. or any other drainage facilities or systems. All uses not listed as permitted uses or special uses in Subsections 4, 5 and 6 noted herein are prohibited. In addition. critical facilities, as defined in Subsection 2. Subpart 9.a. are prohibited in all floodplain districts. Subsection 4 Floodway District (FW) 1. Permitted Uses The following uses, subject to the standards set forth in Subsection 4, Subpart 2 below are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: ORDINANCE NO. 2016- General farming. pasture, grazing, outdoor plant nurseries, horticulture. truck fanning. forestry. sod farming. and wild crop harvesting h. Industrial-commercial loading areas, parking areas, and airport landing Itips.. c.Open space uses. including but not limited to private and public golf courses. tennis courts, driving ranges, archery ranges, picnic grounds, boat launching swimming areas. parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. d.Residential lawns, gardens, paridna areas, and play areas. e. Railroads, streets, bridges, utility transmission lines and pipelines. provided that the Department of Natural Resources' Area Hydrologist is notified at least ten 4y prior to issuance of any permit. 2 Standards for Floodway Permitted Uses a.The use must have a low flood damage potential. b.The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. c. Any facility that will be used by employees or the general public must be designed with a flood waming system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the dcpthiin fet2l multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 3. Special Uses The following uses may be allowed as special uses following the standards and procedures set forth in Subsection 10. Subpart 4 of this ordinance and further subject to the standards set forth in Subsection 4, Subpart 4 below, if otherwise allowed in the underlying zoning district or any applicable overlay district. a.Structures accessory to the uses listed in Subsection 4. Subpart La.. Lh and i.c above and the uses listed in in Subsection 4.0, Subpart 3.a. and 3.b below. b.Extraction and storage of sand, gravel. and other materials. Marinas, boat rentals, docks. iDiers, wharves, and water control structures. ORDINANCE NO. 2016- th Storage yards for equipment, machinery, or materials. e. Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined Subsection 2. Subpart 9.a are permitted uses. f Travel-ready recreational vehicles meeting the exception standards in Subsection 9. Subpart 2.b. g Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. 4. Standards for Floodway Special Uses a.All Uses. A special use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood dama g es in the reach or reaches affected. b.Fill: Storage of Materials and Equipment: fl The storage or processing of materials that are. in time of floodinu, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching. riprap or other acceptable method. Permanent sand and aravel operations and similar uses must be covered by a long-teim site development plan. Temporary placement of flu, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. C. Accessory Structures. Accessory structures, as identified in Subsection 4. Subpart 3.a. above may be permitted, provided that: fl structures are not intended for human habitation- 2)structures will have a low flood damage potential: structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; ORDINANCE NO. 2016- Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elev ation - or properly floodproofeth Structures must be elevated on fill or structurally dry floodproofed in acc ordance with the FP1 or FP2 floodproofinn classifications in the State Building Code. All floodproofed structures must be adequately anchorcI to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walla As an alternative, an accessory structure may be internally/wet fisdproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal inv estment and does not exceed 576 square feet in size. Desi g ns for meeting this requirement must either be certified by a register ed professional engineer or meet or exceed the following criteria Ql To allow for the equalization of hydrostatic pressure. there must be a minimum of two "automatic" openings in the outside walls oith e structure, with a total net area of not less than one square inch for ev ery square foot of enclosed area subject to flooding: and jj There must be openinas on at least two sides of the structure and th e bottom of all openings must be no higher than one foot abo ve the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding- satisfy this requirement for automatic opening s. d.Structural works for flood control that will change the course, current or cross se ction of protected wetlands or public waters are subject to the provision s Minnesota Statutes, Section 103G.245. e.A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. f. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining flo o dplain of any tributary watercourse or drainage system. Subsection 5. Flood Fringe District (FF) L Permitted Uses a. Permitted uses are those uses of land or structures allowed in the underlyi ng zoning district(s) that comply with the standards in Subsection 5. Subpart2 ORDINANCE NO. 2016- below. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. 2. Standards for Flood Fringe Permitted Uses a.All structures. including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structur. b.Accessory Structures. As an alternative to the fill requirements of Subsection 5. Subpart 2.a. noted above, structures accessory to the uses identified in Subsection 5. Subpart 1 above may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code. provided that: D The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size. and is only used for parking and storage. All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: Lfl adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; Liil be constructed with materials resistant to flood damage; and LiIÜ must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following-criteria: ol To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure. with a total net area of not less than one square inch for every square foot of enclosed area subject to floodina: and iÜ There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. ORDINANCE NO. 2016- The cumulative placement of fill or similar material on a parcel must not exc ee i&OO cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Subsection 5, Subpart 2.a of this ordinance, or if allowed as special use under Subsection 5, Subpart 3.c below. d.The storage of any materials or equipment must be elevated on fill to th e re gulatory flood protection elevation. e.All service utilities, including ductwork. must be elevated or water-tight to pre vent infiltration of floodwaters. f. The storage or processing of materials that are, in time of flooding. flammable, xplosive, or potentially injurious to human, animal, or plant life is prohibited. g All fill must be properly compacted and the slopes must be properly protected y the use of riprap, vegetative cover or other acceptable meth o d. h All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or miit have a flood warning /emergency evacuation plan acceptable to the City.. i. Accessory uses such as yards railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However any facilities used by employees or the general public must be designed with a fiouci warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity fi n feet per second) would exceed a product of four upon occurrence of the regional £1% chance) flood. Interference with normal manufacturing/industrial plant operations must b minimized. especially along streams having protracted flood durations. In con sidering permit applications, due consideration must be given to the need s Qf industries with operations that require a floodplain location. k. Manufactured homes and recreational vehicles must meet the standards of Subsection 9 of this ordinance. 1. S p e cial Uses The following uses and activities may be allowed as special uses, if allowed inth e underlying zoning district(s) or any applicable overlay district, following the procedures in Subsection 10. Subpart 4 of this ordinanc e. ORDINANCE NO. 2016- a.Any structure that is not elevated on fill or floodproofed in accordance with Subsection 5, Subparts 2.a. and 2.b of this ordinance. b.Storage of any material or equipment below the regulatory flood protection elevation. c.The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Subsection 5. Subparts 2.a. of this ordinance. d.The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages. shall meet the standards in Subsection 5, Subpart 41 below. 4. Standards for Flood Fringe Special Uses a.The standards listed in Subsection 5. Subpart 2.d through 2.j above apply to all special uses. b.Basements, as defined by Subsection 2, Subpart 9.a of this ordinance, are subject to the following: j Residential basement construction is not allowed below the regulatory flood protection elevation: and Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with the below Subsection 5, Subpart 4.c of this ordinance. C. All areas of nonresidential structures. inc1udin basements, to be placed below the regulatory flood protection elevation must be floodnroofed in accordance with the structurally dry floodproofina classifications in the State Building Code. Structurally dry floodproofina must meet the FP1 or FP2 floodproofing classification in the State Building Code. which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. d. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosionlsedimentation control plan. ORDINANCE NO. 2016- j The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. e.Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. f.Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: fl Design and Certification - The structure's design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Buildinu Code and. specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the re g ulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of floodinu. Specific Standards for Above-grade. Enclosed Areas - Above-grade. fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: Ifl The minimum area of onenings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openinas on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers. ORDINANCE NO. 2016- valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access. parkina of vehicles or storage. Subsection 6. General Floodplain District (GF) Permitted Uses a.The uses listed in Subsection 4, Subpart 1 of this ordinance. Floodway District Permitted Uses, are permitted uses. b.All other uses are subject to the floodway/flood fringe evaluation criteria specified in Subsection 6, Subpart 2 below. Subsection 4 applies if the proposed use is determined to be in the Floodway District. Subsection 5 applies if the proposed use is determined to be in the Flood Fringe District. 2. Procedures for Floodway and Flood Fringe Determinations a.Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Official must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal state, or other source. b.If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subsection 6, Subpart 2.c below. C. The determination of floodway and flood fringe must include the following comtonents, as applicable: j) Estimate the peak discharge of the regional (1% chance) flood. Calculate the water surface profile of the reaional flood based upon a hydraulic analysis of the stream channel and overbank areas. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser ORDINANCE NO. 2016- stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. d. The Zoning Official will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Official may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Official may approve or deny the application. Once the Floodway and Flood Fringe District boundaries have been determined. the Zoning Official must process the permit application consistent with the applicable provisions of Subsection 4 and Subsection 5 of this ordinance. Subsection 7. Land Development Standards L In General a. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Brooklyn Center. 2. Subdivisions a. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. h All lots within the floodplain districts must be able to contain a building -site outside of the Floodway District at or above the regulatory flood protection elevation. C. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. ORDINANCE NO. 2016- th For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. e.In the General Floodplain District, applicants must provide the information required in Subsection 6, Subpart 2 of this ordinance to determine the regional flood elevation. the Floodway and Flood Fringe District boundaries and the re gulatory flood protection elevation for the subdivision site. f.If a subdivision proposal or other proposed new development is in a flood prone area. any such proposal must be reviewed to assure that: fl All such proposals are consistent with the need to minimize flood damage within the flood prone area; All public utilities and facilities, such as sewer, gas. electrical, and water systems are located and constructed to minimize or eliminate flood damage; and Adequate drainage is provided to reduce exposure of flood hazard. 3. Building Sites a. If a proposed building site is in a flood prone area. all new construction and substantial improvements (including the placement of manufactured homes) must be: Designed (or modified) and adequately anchored to prevent floatation. collapse, or lateral movement of the structure resultina from hydrodynamic and hydrostatic loads, including the effects of buoyancy: Constructed with materials and utility equipment resistant to flood damage: Constructed by methods and practices that minimize flood damage; and Constructed with electrical. heating, ventilation, plumbing. and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of floodina Subsection 8. Public Utilities, Railroads. Roads, and Bridges Public Utilities ORDINANCE NO. 2016- a. All public utilities and facilities such as gas, electrical. sewer. and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. 2.Public Transportation Facilities a. Railroad tracks, roads, and bridges to be located within the floodplain must comply with Subsection 4 and Subsection 5 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 3.On-site Water Supply and Sewage Treatment Systems a. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination dur i ng times of floodina, and are subject to the provisions in Minnesota Rules Chapter 7080.2270. as amended. Subsection 9. Manufactured Homes, Manufactured Home Parks. and Recreational Vehicles 1. Manufactured Homes New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: fl Placement or replacement of manufactured home units is prohibited in the Floodway District. If allowed in the Flood Fringe District, placementow replacement of manufactured home units is subject to therequirements of Subsection 5 of this ordinance and the following standards: LU New and replacement manufactured homes must be elevated in compliance with Subsection 5 of this ordinance and must be securely anchored to an adequately anchored foundation system ORDINANCE NO. 2016- that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring -requirements for resisting wind forces. jj New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Subsection 7. Subpart 2.c. 2. Recreational Vehicles a.New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodpl ai n district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. b.Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Subsection 9, Subpart 2.c below. fl Individual lots or parcels of record. Existing commercial recreational vehicle parks or campgrounds. Existing condominium-type associations. C. Criteria for Exempt Recreational Vehicles: The vehicle must have a current license required for us e. The vehicle must be highway ready. meaning on wheels or the internal j a cking system. attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. No permanent structural type additions may be attached to the vehicle. 4 The vehicle and associated use must be permissible in -an y pre-existina, underlying zoning district. Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the ORDINANCE NO. 2016- requirements applicable to manufactured homes in Subsection 9, Subpart 1. An accessory structure must constitute a minimal investment th Recreational vehicles that are exempt in Subsection 9, Subpart 2.c lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of Subsection 5 of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. Subsection 10. Administration i. Zoning Official a. The Zoning Official or other official designated by the City Manager must administer and enforce this ordinance. 2. Permit Requirements Permit Required. A permit must be obtained from the Zoning Official prior to conducting the following activities: fl The erection, addition, modification, rehabilitation, or alteration of any building, structure. or portion thereof. Normal maintenance and repair also requires a permit if such work. separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. The use or change of use of a building, structure, or land. The construction of a dam. fence. or on-site septic system, although a permit is not required for a farm fence as defined in this ordinance. The change or extension of a nonconforming use. The repair of a structure that has been damaged by flood, fire. tornado, or any other source. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. ORDINANCE NO. 2016- D Relocation or alteration of a watercourse (including new or renlacement culverts and bridges. unless a public waters work permit has been applied for such work. Any other type of "development" as defined in Subsection 2, Subpart 9.a of this ordinance. b. Application for Permit. Permit applications must be submitted to the Zoning Official on forms provided by the Zoning Official. The permit application must include the following as applicable: fl A site plan showina all pertinent dimensions. existing or proposed buildings, structures, and significant natural features having an influence on the permit. Location of fill or storage of materials in relation to the stream channel. Copies of any required municipal. county, state or federal permits or approvals. Other relevant information requested by the Zoning Official as necessary to properly evaluate the permit application. C. Certificate of Zonmnn Comnliance for a New. Altered, or Nonconformmnn Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Official statin that the use of the building or land conforms to the requirements of this ordinance. d.Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofinn measures must be certified by registered professional engineer or registered architect. e.Record of First Floor Elevation. The Zoning Official must maintain a record of the elevation of the lowest floor (including basement of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Official must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. f. Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Official must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate ORDINANCE NO. 2016- notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). g Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable. but not later than six months after the date suchsupporting information becomes available, the Zoning Official must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. 3. Variances a. Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section 35-240 of the City Zoning Ordinance. b Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, or permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. C. Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: fl Variances must not be issued by a community within any desianated regulatory floodway if any increase in flood levels during the base flood discharge would result. Variances may only be issued by a community upon the following: a showing of good and sufficient cause: oii a determination that failure to grant the variance would result in exceptional hardship to the applicant: and WD a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense. create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. th Flood Insurance Notice. The Zoning Official must notify the applicant for a variance that: ORDINANCE NO. 2016 fl The issuance of a variance to construct a structure below the base flo o d level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance covera g e; and Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. e. General Considerations. The community may consider the following factor s i granting variances and imposing conditions on variances and special uses in floodplain: fl The potential danger to life and property due to increased flood hei ght s velocities caused by encroachment s; The danger that materials may be swept onto other lands or downstream to the injury of others - he proposed water supply and sanitation systems, if any. and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner The importance of the services to be provided by the proposed use toth e communiiy The req uirements of the facility for a waterfront location: The availability of viable alternative locations for the proposed use that are not subject to flooding The compatibility of the proposed use with existing development and development anticipated in the foreseeable future: The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area: JJfl The safety of access to the property in times of flood for ordinary and emergency vehicles: and jj The expected heights, velocity, duration, rate of rise and sedim e nt transport of the flood waters expected at the site. ORDINANCE NO. 2016- f. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Official must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Submittal of Final Decisions to the DNR. A copy of all decisions arantin variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. h. Record-Keeoin. The Zonina Official must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. 4. Special Uses a.Administrative Review. An application for a special use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 35-220 of the City Zoning Ordinance. b.Factors Used in Decision-Making. In passing upon special use applications, the City must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Subsection 10, Subpart 3.e. of this ordinance. C. Conditions Attached to Special Use Permits. The City may attach such conditions to the granting of special use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to. the following: fl Modification of waste treatment and water supply facilities. Limitations on period of use, occupancy. and operation. Imposition of operational controls, sureties. and deed restrictions. Requirements for construction of channel modifications, compensatory storage, dikes. levees, and other protective measures. Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by ORDINANCE NO. 2016- a registered professional engineer or architect that the floodproqg measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. d.Submittal of Hearing Notices tO the Department of Natural Resources (DNR). The Zoning Official must submit hearing notices for proposed special uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. e.Submittal of Final Decisions to the DNR. A copy of all decisions aranting special uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Subsection 11. Nonconformities 1. Continuance of Nonconformities a.A use. structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures. as defined in Subsection 2, Subpart 9.a of this ordinance, are subject to the provisions of Subsection 11. Subpart Lb through l.a noted below of this ordinance. b.A nonconforming use. structure, or occupancy must not be expanded. changed, enlaraed, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subsection 11, Subpart Lc below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. C. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e.. FP1 thru FP4 floodproofina classifications) allowable in the State Building Code, except as further restricted in Subsection 11, Subpart 1.d and 1.h below. d. If the cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the market value of any nonconforming structure. that shall be considered substantial improvement, and the entire structure must meet the standards of Subsections 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all ORDINANCE NO. 2016- costs such as construction materials and a reasonable cost placed on all manpower or labor. C. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year. any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Official in waiting-of instances of nonconformities that have been discontinued for a period of more than one year. f. If any nonconformity is substantially damaged. as defined in Subsection 2 Subpart 9.a of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Subsections 4 or 5 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. g If any nonconforming use or structure experiences a repetitive loss, as defined in Subsection 2, Subpart 9.a of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. h. Any substantial imurovement, as defined in Subsection 2. Submit 9.a of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Subsections 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Subsection 12. Penalties and Enforcement 1.Violation Constitutes a Misdemeanor a. Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special uses) constitute a misdemeanor and will bepunishable as defined by law. 2.Other Lawful Action a. Nothing in this ordinance restricts the City of Brooklyn Center from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Official within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 3. Enforcement ORDINANCE NO. 2016- a. Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section 35-1040 of the City Zoning Ordinance. In responding to a suspected ordinance violation, the Zoning Official and City may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines. injunctions, after-the-fact permits. orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Brooklyn Center must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. Subsection 13. Amendments 1.Floodplain Designation -Restrictions on Removal a. The floodplain desienation on the Official Zonina Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that. throuah other measures, lands are adequately protected for the intended use. 2.Amendments Require DNR Approval a. All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. 3. Map Revisions Require Ordinance Amendments a. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Subsection 2. Subpart 3 of this ordinance. Section 2. Section 35-2182 ADULT ESTABLISHMENTS is hereby renumbered and moved to Section 35-2200 Section 3. This ordinance shall become effective after adoption and upon thirty days following its legal publication. ORDINANCE NO, 2016- Adopted this day of Mayor ATTEST: City Clerk Date of Publication: Effective Date: Strikcout text indicates matter to be deleted, while double-underline text indicates new matter.) 8 4 4 1?mh h IV8Hil88 4 pi445 8 4 8 8 -H.dii J18 8 4 8 h1 !1!1 D .IDIIliI He 8 ti1 8.F--- " z 15 0 9 98 ZzZK^It !1.HUI U IH U i III ilt 1II U.E q ^j lqt a E.Fla 4 I 888 1gP184 '88 8 4 4 8 8 8 I 8 p1 88 8 4 2 o 8I !1 11 4 8 -I 8 888 18 8ptI I-M I I5-;E2 K 488 8 4 484 8 8 148 tin 1 4 "IK 8 it 5 88 5151 1 S 18 1 5 2 H.!fli l l Al fl I hi Alf J ID Z a2 d il a p a 1 ; : a d I I Ii a a I 0 ( mu WI) I I:li'a I raaa : al a a a h uaaa - a a Lfl 18 8 aa a a a a A— t a a a a a a I 8 a a Hfl I aa a a H a a I 8 il a t a a I a : 8 Eaa a 81 a ;a:!HE fl a a I 8 8 a a a a a B 8 a aa a a 8 aaaa aaaaaaa aaaa BoB-aIB 0aB888 a888Ba 888 h8 5a8a 8a8 aaD a818 21 19 1!tI I S 2528.5zWig,85 2 8 S w I.I II I h I!:i 1:11;'; :! 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I:LfflI .1 D H1 UIU jfl}U UP;J Ii I Iifl ,Al HiMm inus Ra DO 1p lal-I2SH 1111 In :::2;:5 1 all 1 1-'E lkpp2p Hg-DstM I :11,1paIInd1-MFMMMM2281111 Agenda Item No. 8.a City Council Meeting October 10, 2016 May4,2016-CityreceivednoticeletterfromtheFederalEmergency  ManagementAgency(FEMA)toupdateitsfloodplainregulations. LetterofFinalDetermination(LFD)explainsthattheFloodInsuranceRate  Maps(FIRM’s)ofthecommunity,aswellastheHennepinCountyFlood InsuranceStudy,arecomplete-becomeeffectiveNovember4,2016. AsaconditionofcontinuedeligibilityinNationalFloodInsuranceProgram  (NFIP),FEMArequiresallcommunitiesenrolledtoadopttheupdated floodplainmanagementregulations. CityreceivedandreviewedtheupdatedFloodInsuranceRateMaps(FIRM)  ofthecommunity,alongwiththeFloodInsuranceStudy(FIS)manuals (includeBaseFloodElevationsandFloodProfilesorcross-sectionmapsof certainwaterbodies). FEMA/DNRalsoprovidedaCD-ROMofallnewdigitizedfloodplain  mappingforthecommunity,andshapefilesforourownGISmapping systems. Proposedtextchangesfromthecity’scurrentFloodplainManagement  OrdinancetothenewlyproposedFloodplainOrdinancearenot extensive. MostofthesenewtextchangesrepresentwhatFEMAandthe  MinnesotaDepartmentofNaturalResources(DNR)representatives requestedbeincorporatedintothecitycodesofallcommunities enrolledinthefloodplainprogram(withinHennepinCounty). PermittedUsesandSpecialUses,andgeneralfloodplain  (development)standardsarerelativelyunchanged. Newdefinitions,suchas“AccessoryStructure”,“BaseFloodElevation”,  “Basement”,“CriticalFacilities”andafewothershavebeenaddedor modifiedaspartofthisordinanceupdate. Northern Northern block between Penn and Oliver Avenue North block between Penn and Oliver Avenue North ––south of 73south of 73Avenue. Avenue. rdrd  Revision Revision does not affect does not affect structures structures on these two on these two lots; lots;  Staff Staff does not feel this change negatively impacts these properties. does not feel this change negatively impacts these properties.  500500--Year Year floodplain floodplain shifted shifted inside the inside the two propertiestwo properties  NNo o structures structures impacted impacted due to this revisiondue to this revision  SlightSlightreductionreductionofofaasmallsmall  areaareaofoffloodplainfloodplainwithinwithinII-- 694694ROWROW(underneath(underneath eastboundeastboundramprampfromfromII-- 694694totoII--9494East)East) ReductionReductionofofFloodwayFloodway  boundaryboundarywithinwithinthethe MississippiMississippiRiverRiverRegionalRegional ParkPark PreviouslyapprovedLetterofMapChanges,  LetterofMapRevisionsandLetterofMap Amendmentswillberevalidated(byFEMA) onedayafterrevisedFIRMbecomes effective. Nosignificantchangestothecity’sown  LOMC’sorindividualLOMA’sthroughoutthe community. For properties 2 ft.+ flood For properties 2 ft.+ flood elevation, the elevation, the City can prepare City can prepare a map using a map using 22--foot contours from LiDAR foot contours from LiDAR that FEMA will accept in lieu of a field elevation survey in that FEMA will accept in lieu of a field elevation survey in LOMA applications.LOMA applications. (Note: if too close (Note: if too close ––owner will owner will need to hire a need to hire a civil eng./surveyor civil eng./surveyor and and prepare survey).prepare survey). September1,2016-PlanningCommission  presentedwiththeproposeddraftordinance languageandallnewmaps Conductedaseparatepublichearingregarding  theseupdatedfloodplainstandards,mapping, andproposedCityCodetextchanges Recommendedunanimousapprovalofthis  proposedFloodplainOrdinance. Motion to open Public Hearing;  Take public input;  Motion to close Public Hearing;  Motion to adopt Floodplain  Management Ordinance. City Council Agenda Item No. lOa City C©iuidll Agenda ftm No. Ffl #1 [i[I1BJ[iJ I U I I Mk'A Uh'A I k' (I) 1I WJ I DATE: October 10, 2016 TO: Curt Boganey, City Mana FROM: Sharon Iutson, City SUBJECT: Type IV 6-Month Provisional Rental License for 3300 65 " 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 3300 65th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on fifteen (15) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on-condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-28-2016 The Owner, Elizabeth Dolomengi, applied for an initial rental dwelling license for 3300 65th Ave N, a single family property. 07-20-2016 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. 08-23-2016 A second inspection was conducted and passed. 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. 09-21-2016 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves (lie public tills! [Ei1BA[iJ I V I OIL'A IYA I Ih'4 (I) 1I WJ I 09-23-2016 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. 09-28-2016 The Mitigation Plan was finalized. 10-03-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 10, 2016. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualify of life for all people and preserves the public trust S[O1IJ[iI I N V Mh4 L'A I 3k'A (I] t1WI iiIJ'A I submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1Illssioiz: Eizsiiiing an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [Ei1N[iJ I fl I V M'A I I ak'A (I) I1SJki 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. rProperty Code and Nuisance Violations Criteria 41ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public (rust FIRST AMENDMENT ASSEMBLIES POLICE POLICY 438 October 2016 2014 ANNUAL REPORT First Amendment Assemblies POLICE DEPARTMENT RECENT PROTESTS INVOLVING POLICE-COMMUNITY RELATIONS First Amendment Assemblies October 2016 RIGHTS PROTECTED First Amendment Assemblies October 2016 COMMUNITY CONTINUES TO RECEIVE PUBLIC SAFETY SERVICES First Amendment Assemblies October 2016 NO ONE WINS RELATIONSHIPS ARE BROKEN First Amendment Assemblies October 2016 GUIDING PRINCIPLE TheBrooklynCenterPoliceDepartmentrespectstherightsofpeople topeaceablyassemble.Itisthepolicyofthisdepartmentnotto unreasonablyinterferewith,harass,intimidateordiscriminateagainst personsengagedinthelawfulexerciseoftheirrights,whilealso preservingthepeace,protectinglifeandpreventingthedestructionof property. First Amendment Assemblies October 2016 EXPERIENCE &POLICY Past Brookdale Mall Events • Circus –PETA demonstration – Autograph signings – FBI • Striking businesses • First Amendment Assemblies October 2016 RANGE OF BEHAVIORS DURING AN EVENT Participant behavior during a demonstration or other public assembly can vary. This may include but is not limited to: Lawful, constitutionally protected actions and speech • Civil disobedience (typically involving minor criminal acts) • Rioting • First Amendment Assemblies October 2016 PLANNED VS. UNPLANNED EVENTS When responding to an unplanned or spontaneous public gathering, the first responding officer should conduct an assessment of conditions, including, but not limited to, the following: Location • Number of participants • Apparent purpose of the event • Leadership (whether it is apparent and/or whether it is effective) • Any initial indicators of unlawful or disruptive activity • Indicators that lawful use of public facilities, streets or walkways will be • impacted Ability and/or need to continue monitoring the incident • First Amendment Assemblies October 2016 PLANNED INFORMATION GATHERING AND ASSESSMENT In order to properly assess the potential impact of a public assembly or demonstration on public safety and order, relevant information should be collected and vetted. This may include: Information obtained from outreach to group organizers or leaders. • Information about past and potential unlawful conduct associated • with the event or similar events. The potential time, duration, scope and type of planned activities. • Any other information related to the goal of providing a balanced • response to criminal activity and the protection of public safety interests. First Amendment Assemblies October 2016 MUTUAL AID AND EXTERNAL RESOURCES Lessons learned from Minneapolis Police Department’s 4Precinct th • Use of external resources for police calls not protests – Utilize existing community partnerships – Hennepin County resources • Neighboring Police agencies • First Amendment Assemblies October 2016 UNLAWFUL ASSEMBLY DISPERSAL ORDERS If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably imminent threat to persons or property, the Incident Commander should generally authorize continued monitoring of the event. Should the Incident Commander make a determination that public safety is presently or is about to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warning advisements may be communicated through established communication links with leaders and/or participants or to the group. First Amendment Assemblies October 2016 USE OF FORCE CONCERNS Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to comply with lawful orders, the Incident Commander should, if reasonably able to do so, evaluate the type of resistance and adopt a reasonable response in order to accomplish the law enforcement mission (such as dispersal or arrest of those acting in violation of the law). Control devices and TASER ™ devices should be considered only when the participants’ conduct reasonably appears to present the potential to harm officers, themselves or others, or will result in substantial property loss or damage (see the Control Devices and Techniques and the Conducted Energy Device policies). First Amendment Assemblies October 2016 MEDIA The Public Information Officer (PIO) should use all available avenues of communication, including: press releases, briefings, press conferences and social media to maintain open channels of communication with media representatives and the public about the status and progress of the event, taking all opportunities to reassure the public about the professional management of the event (see the News Media Relations Policy). First Amendment Assemblies October 2016 POLICE & PROTESTOR’S MUTUAL OBJECTIVES First Amendment Assemblies October 2016 DEPARTMENTAL TRAINING IN OCTOBER CROWD MANAGEMENT AND MOBILE FIELD FORCE INSTRUCTOR COURSE This 5-day course includes some hands-on applications, but is mainly classroom-based. The course covers planning, preparedness, staging and deployment of a crowd management force. First Amendment Assemblies October 2016 QUESTIONS? 2014 ANNUAL REPORT First Amendment Assemblies POLICE DEPARTMENT