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HomeMy WebLinkAbout2017 03-13 CCP Regular SessionCITY COUNCIL AGENDA YOUTH IN GOVERNMENT DAY March 13, 2017 5:30 to 6:40 p.m. City Hall Council/Commission Conference Room Focus Conversation on Youth-Related Issues with City Council 2. Adjourn CITY COUNCIL MEETING City of Brooklyn Center March 13, 2017 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 podium. 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.February 27, 2017— Study Session2.February 27, 2017 - Regular Session 3. February 27, 2017 - Work Session b. Licenses C. Resolution Authorizing the Execution of a Limited Use Permit Agreement with the Three Rivers Park District Regional Trail (Segment TL-B5) Between the City of Brooklyn Center and Three Rivers Park District, Hennepin County, Minnesota d. Resolution Authorizing Termination of Trail Agreement 'Between the City of Brooklyn Center and Three Rivers Park District, Hennepin County, Minnesota CITY COUNCIL AGENDA -2- March 13, 2017 e. Resolution Approving the Labor Agreement for Law Enforcement Labor Services (LELS) Local 86 (Police Commanders and Sergeants) and the City of Brooklyn Center for the Calendar Years 2017-2018 7. Presentations/Proclamations/Recognitions/Donations a.Brooklyn Bridge Alliance for Youth Update Requested Council Action: —Motion to accept report. b.Proclamation Declaring March 13, 2017, as Youth in Government Day Requested Council Action: —Motion to adopt proclamation. 8. Public Hearings a.An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes —This item was first read on February 13, 2017; published in the official newspaper on February 23, 2017, 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. b.Proposed Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs —This item was first read on February 13, 2017; published in the official newspaper on February 23, 2017; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. Resolution Certifying Special Assessments for Diseased Tree Removal Cost to the Hennepin County Tax Rolls Requested Council Action: —Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to adopt resolution. Implementation of a Body Worn Camera Program —This item was published in the official newspaper on February 23, 2017; and is CITY COUNCIL AGENDA -3- March 13, 2017 offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Information only; no Council action required. 9.Planning Commission Items —None. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.6501 Brooklyn Dr 2.3901 Burquest La 3. 6242 Scott 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 AMENDED AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 13, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1. Drinking Water Update 2. Redevelopment Opportunities and Tax Increment Investments within the Shingle Creek Crossing Development PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Water Meter Failure Update – March 27 2. Paperless Council Process – March 27 3. TIF Funding Update – March 27 4. Liquor License Regulations – April 10 5. South Opportunity Site Development 6. Discussion of the Brooklyn Center Branding & Identity Campaign – March 27 liki'i i 1RL. 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 FEBRUARY 27, 2017 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 Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested the following correction to the Study Session minutes of February 13, 2017: Page 3 1 " Paragraph, 3rd Line: "He stated the tests performed by the EPA have shown the water is safer for residents now than before..." and to change it to the following language: "He stated the tests performed by the Minnesota Department of Health has shown the water is safer for residents now than before..." It was the majority consensus of the City Council to accept the revision to the February 13, 2017 City Council Study Session minutes. Councilmember Lawrence-Anderson requested the following correction to the Study Session minutes of February 13, 2017: Page 2, 4th Paragraph, 1st Line: "Councilmember Lawrence-Anderson stated she has been approached about meeting with people and has reached out to them only to be turned down for a meeting. She stated she met with Ms. Miller and enjoyed that conversation a lot." and to substitute it with the following language: "Councilmember Lawrence-Anderson stated she has been 02/27/17 -1- DRAFT approached via social media to engage in dialogue regarding issues an individual wante to discuss. She requested instead of continuing the discussion via Facebook, either an in person meeting or a phone call to continue the discussion and on more than one occasion the individual declined to do so. She stated she met with Ms. Miller and enjoyed that conversation a lot." It was the majority consensus of the City Council to accept the revision to the February 13, 2017 City Council Study Session minutes. MISCELLANEOUS None at this time. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS ORGANIC RECYLCING REVIEW - TIM PRATT Tim Pratt, Hennepin Recycling Group Coordinator, provided a presentation and background on this item. Mayor Willson stated he was in Chicago a while ago and he saw youth doing some farming with compost and would like to know if that is something the City can do with the compost items collected. Mr. Pratt stated this is something they considered but they usually try to get the leftover food items to other people in need first, second they would want to give the food to animals in need, and lastly they would look at composting it into gardens like Mayor Willson referred to. Councilmember Lawrence-Anderson stated she has three bins for pick-up already as she has garbage, recycling and yard waste. She asked if adding this service would add an additional bin for her to use and put out every week. Mr. Pratt replied, yes, it would if they choose the Minneapolis model of the service. Councilmember Lawrence-Anderson stated she likes the program and encourages composting but doesn't want to mandate the City use it due to the extra cost to residents. Councilmember Ryan stated he agrees with Councilmember Lawrence-Anderson and would like to encourage the composting but doesn't want to impose another cost on the residents unless it is something they want. Councilmember Graves asked if there is a reason that organic materials shouldn't be put into landfills. Mr. Pratt replied, yes, stating it is because organic materials give off methane when trapped in landfills, and noted methane doesn't provide any quality to the air or earth. Councilmember Graves stated she feels the County may be using this as a way to gain more funding and that it may create more work for residents. Councilmember Butler stated she uses Randy's services and didn't see anything on this new service communicated to her. She asked how this new service was communicated. Mr. Pratt stated they sent out postcards in the fall. 02/27/17 -2- DRAFT Councilmember Lawrence-Anderson stated she would like to see some citizen feedback before they decide how to move forward. Councilmember Ryan agreed and stated he feels that if they can provide some cost comparisons to residents they could get a good consensus from the public about if this is something the majority wants to do. Mr. Boganey asked if Brooklyn Center chooses not to participate in this program, will that affect the other surrounding cities opportunity to participate or change the cost for them. Mr. Pratt stated it could affect either or both of those things. Mayor Willson asked if there would be another truck doing the pick-ups in addition to their regular garbage and recycling trucks. Mr. Pratt stated the City could decide how to handle that and contract with one company. Mayor Willson stated right now he thinks they should decline the service until they get input from citizens. Mr. Pratt stated they can request the pricing in the RFP. He noted doing an RFP doesn't commit them to entering a contract with the company, it would provide more information so they can decide if they want to proceed. It was the majority consensus of the City Council to have staff, through the RFP process, gather more information on costs and details on service, then bring it back to the Councilmembers for review and ultimately gather resident input to decide how to proceed. CONTINUANCE OF COUNCIL DISCUSSION REGARDING CITIZEN DIALOGUE - CITY MANAGER Mayor Willson asked the City Manager to share a concept that he and the City Manager had discussed to help facilitate citizen dialogue. Mr. Boganey described an approach where the City Council would identify topics for citizen discussion in a facilitated world café process. Mayor Willson stated he feels this approach would mostly work well and stated he would like to see the proposed idea for this meeting documented and then come back to the City Council for review. Councilmember Lawrence-Anderson stated she likes the idea of having small tables where topics are discussed at each table and a moderator would facilitate the meeting. She stated she would also like to see a yearly meeting that is open to any and all topics not based on specific topics. Councilmember Butler stated she likes the small group model as well but she doesn't necessarily like choosing the topics because she wants the citizens to choose the topics. She stated having a bigger meeting to address some of the issues on a broader scale and then breaking into small groups later would be ideal. Councilmember Ryan stated he is in favor of having a facilitator run a world café style meeting. He stated he would like to see an agenda on specific topics for a few meetings and then have a meeting that offers more of an open mic style where any topics could be addressed. Councilmember Graves stated she likes the idea of a facilitator and stated the youth council has a group that does that. She stated it would be great to incorporate the youth in this process, allow 02/27/17 -3- DRAFT them to use the skills they are learning and to be involved in government meetings. Mayor Willson stated the idea is great and he would be in favor of that. Councilmember Lawrence-Anderson stated she would suggest the first meeting they hold be open forum and then, based on the level of interest the proceeding meetings be on specific topics raised by citizens from the first meeting. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 02/27/17 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEP1N AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 27, 2017 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 Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kuj awa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tint Willson opened the meeting for the purpose of Informal Open Forum. Brian Fellegy, 7005 Unity Avenue North, addressed the City Council and asked what options there will be for apartments to recycle or do composting. Mr. Boganey stated that apartment complexes over a certain size are mandated by the State to offer recycling. Mayor Willson stated he is not sure but they will look into this as the City Council reviews the potential of adding a composting service to the City services. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:51 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Ryan read a quote from Frederick Douglass and Martin Luther King in honor of Black History month as the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 02/27/17 4- DRAFT The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, 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 Graves moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, with amendments to the Study Session minutes of February 13, 2017, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.February 13, 2017— Study Session 2.February 13, 2017 - Regular Session 3. February 13, 2017 — Work Session 6b. LICENSES MECHANICAL Practical Systems ZahI Petroleum Maintenance RENTAL INITIAL (TYPE II— two-year license) 5549 Brooklyn Boulevard RENEWAL (TYPE III - one-year license) Victoria Townhouses, 6740 Grimes Place 5834 Camden Avenue North 5201 Drew Avenue North 5748 Humboldt Avenue North 4332B Shady Oak Road, Hopkins 3101 Spring St NE, Minneapolis Mike Pederson The Gaughan Properties (missing 1 ARM and no cpted follow up) RHA 3, LLC Ahmed Omar (no cpted) RHA 3,LLC 02/27/17 -2- DRAFT RENEWAL (TYPE 1— three-year license) 2107 70th Avenue North Infinite Property LLC 6312 France Avenue North TMC Corporation 7141 Newton Avenue North Invitation Homes 6800 Orchard Avenue North Prosperous Property LLC 6c.APPROVAL OF ANNUAL REPORT ON FRANCHISE FEES 6d.RESOLUTION NO. 2017-33 APPROVING PROJECTED USE OF FUNDS FOR 2017 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS 6e. APPROVAL OF POLICE OFFICER PATROL AGREEMENT WITH WAL-MART STORES INC. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS[RECOGNITIONS/DONATIONS 7a. HENNEPIN RECYCLING GROUP (HRG) SPRING CLEANUP UPDATE - TIM PRATT Tim Pratt, HRG Coordinator, provided a presentation on the spring cleanup. Mayor Willson stated the last time they did this service was many years ago, and he is happy they are offering this again. Councilmember Lawrence-Anderson thanked the Housing Commission for encouraging this event. Councilmember Graves asked if the postcards sent to residents had the dates of pick-up for their specific locations. Mr. Pratt stated yes, there was the pick-up day for the location and maps showing where the pick-ups will take place. Mayor Willson asked if there is anything that should stop people from picking up others items from the curbs. Mr. Pratt stated not on their end, but that there could possibly be a code issue. Councilmember Butler asked if there are typically a lot of items left after the pick-ups occur. Mr. Pratt stated it hasn't been an issue so far; he stated occasionally there is a TV or another item left behind that they need to retrieve. Mr. Boganey stated they should have enforcement go around a few days after pick-ups and instead of citing anyone with items left behind from the pick-up, they should try to make contact with the home owner first and encourage them to remove the items. The Councilmembers agreed. 02/27/17 -3- DRAFT Councilmember Ryan moved and Councilmember Graves seconded to receive the Hennepin Recycling Group Spring Cleanup Update report. Motion passed unanimously. 7b. BROOKLYN CENTER 2017 CITY SURVEY Mr. Leatherman, The Morris Leatherman Company, provided a presentation on the results of the City survey. He stated the results of the survey were very good in comparison to other cities. Mayor Willson asked how many citizens were surveyed. Mr. Leatherman responded 400 people were surveyed. Councilmember Ryan asked for clarification on what the slide showing the highest amount of agreement in the past five years means. Mr. Leatherman stated that it means that the City residents stated they feel they are empowered and that they are being heard by the City leaders. He stated the numbers on that particular question were the highest result they have seen in five years of doing this survey in many cities. Councilmember Ryan stated The Morris Leatherman Company has been in business for a long time and asked if it is fair to say that attests to the fact that they provide quality and reliable results. Mr. Leatherman stated the company has been around for a very long time and that is directly related to the quality of their services. He stated they deliver the good, bad and the ugly results, noting sometimes the results are hard to hear and present but it is always necessary. Mayor Willson stated the results were great and he is happy to hear that the majority of the citizens feel the way they do. The Councilmembers agreed. Councilmember Ryan moved and Councilmember Graves seconded to receive the Brooklyn Center 2017 City Survey report. Motion passed unanimously. 8.PUBLIC HEARINGS None. 9.PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES 02/27/17 -4- DRAFT 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 10a2. lOal. 6400 UNITY AVENUE NORTH 10a2. RESOLUTION NO. 2017-34 APPROVING A TYPE IV RENTAL LICENSE FOR 6753 HUMBOLDT AVENUE NORTH Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 6400 Unity Avenue North; and, adopt RESOLUTION NO. 2017-34 Approving a Type IV Rental License for 6753 Humboldt Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • February 23, 2017: Attended State Commerce Commissioner presentation • February 24-25, 2017: Attended the City Council Retreat at the Earle Brown Heritage Center • February 25, 2017: Attended an event at Constitution Hall hosted by Brooklyn Center Police and Pastor Harding regarding the treatment of immigrants • February 28, 2017: Attended the MAC Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • February 21, 2017: Attended the Housing Commission Meeting • February 22, 2017: Attended the Odyssey Academy Training • February 24-25, 2017: Attended the City Council Retreat at the Earle Brown Heritage Center • February 28, 2017: Attended the MAC Meeting Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • February 20, 2017: Attended the Brooklyn Youth Council Meeting • February 21, 2017: Attended the Park and Recreation Commission Meeting • February 24-25, 2017: Attended the City Council Retreat at the Earle Brown Heritage Center • February 28, 2017: Attended the MAC Meeting • February 28, 2017: Attended the Osseo Equity Meeting 02/27/17 -5- DRAFT Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • February 15, 2017: Attended the Crime Prevention Meeting • February 16, 2017: Spoke at Brooklyn Center High School in a Humanities class • February 16, 2017: Attended the Minneapolis Institute of Arts event • February 24-25, 2017: Attended the City Council Retreat at the Earle Brown Heritage Center Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • February 14, 2017: Cable 12 Minutes Taping • February 14, 2017: Attended the Brooklyn Center Rotary Lunch • February 16, 2017: Attended Cable Commission Meeting • February 23, 2017: Attended the Liberian Organizations Meeting • February 23, 2017: Attended State Commerce Commissioner presentation • February 24, 2017: Attended and assisted Meals on Wheels event • February 24-25, 2017: Attended the City Council Retreat at the Earle Brown Heritage Center • February 25, 2017: Attended an event at Constitution Hall hosted by Brooklyn Center Police and Pastor Harding regarding the treatment of immigrants 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Butler seconded adjournment of the City Council meeting at 8:29 p.m. Motion passed unanimously. 02/27/17 -6- 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 FEBRUARY 27, 2017 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:30 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CONTINUANCE OF COUNCIL DISCUSSION REGARDING CITIZEN DIALOGUE - continued Mr. Boganey stated he had enough information to develop options and alternatives for the City Council to consider at a future Work Session. Councilmember/Commissioner Butler stated when staff is ready to communicate the meeting to the residents, she would like to know the methods of communication they plan to use. She stated they should keep in mind that different leaders of community groups have told them that providing personal invitations to the leader is the best way to reach out to them and then they communicate the event to the rest of their group. Councilmember/Commissioiier Lawrence-Anderson stated she would like to get input from citizens at the meetings, gather data from the input, and then they will have a good idea and consensus on what the majority of citizens think on each particular topic. Mr. Boganey stated the intent would be to come back to the City Council with information on different options and ways to provide outreach to the various communities. Councilmember/Commissioner Ryan stated making sure we reach all citizens by using many different means to communicate what they are planning to do is important. The City Council/EDA agreed. 02/27/17 -1- DRAFT The majority consensus of the City Council/EDA was to direct staff to proceed organizing a world café style meeting for citizen input on City topics and to use the pending work session item list to start a list of topics for the meeting. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 8:36 p.m. Motion passed unanimously. 02/27/17 -2- DRAFT [i[I1IJ(iJ I fl V V a IA I ak'A ce iws ask'A I DATE: March 6, 2017 TO: Curt Boganey, City Manag FROM: Rozlyn Tousignant, Deputy City ClerlK SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on March 13, 2017. 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 Airtech Heating and Cooling 490 Villaume Ave # 300, South St Paul MN 55075 Air Quality Service 7900 Excelsior Blvd #750, Hopkins MN 55343 Cool Air Mechanical, Inc 6120 Earle Brown Drive #100, 1544 134th Ave NE 55304 Fireplace Gallery 433 East Main St, Anoka MN 55303 RENTAL See attached report. TRANSIENT ACCOMODATIONS - LEVEL I Brooklyn Hotel Partners, LLC 6300 Earle Brown Dr Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust [iLI1BJ[iJ I U V IYA UYA I DhYA 0) 1II1IJ'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only)________ Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 - Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units 0r,reater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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Background: On August 27, 2009, the City and Three Rivers Park District executed a Trailway Cooperative Agreement for the Shingle Creek and Twin Lake Regional Trails in Brooklyn Center that transferred ownership of those trails to the Park District. In 2010, the City granted a limited use agreement for public trail ways coincident with the City's public trail easements across the Shingle Creek Crossing development for the Twin Lake Regional Trail, depicted as segment TL- 5B on the attached exhibit. Subsequently and as part of the continued development within the Shingle Creek Crossing development and replatting of certain portions within the development, a City sidewalk and landscaping easement along Xerxes Avenue was terminated and rededicated to coincide with the new parcels that were platted within the development. Coincidentally, the trail agreement between the Three Rivers Park District and the City was based off of the old easement that was terminated (terminated Easement No. 4499430). / The original agreement for the trail way is no longer valid and is being terminated concurrently with granting this new agreement between the City and Three Rivers Park District for trail way segment TL-5B, which now references the valid City easement for sidewalk and landscaping purposes (new Easement No. 4868191). The attached agreement outlines and depicts the purpose and intent of the operation and maintenance of the trail, which will continue to be under the jurisdiction of the Park District. The City Attorney has reviewed the easement document and concurs to the purpose and form of the easement. Budget Issues: There are no budget issues to consider. Strategic Priorities: ° Key Infrastructure Investments Mission: Ensuring on attractive, clean, safe, inclusive conununiti' that enhances the quality of life for alipeople and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A LIMITED USE PERMIT AGREEMENT FOR THE THREE RIVERS PARK DISTRICT REGIONAL TRAIL (SEGMENT TL-513) BETWEEN THE CITY OF BROOKLYN CENTER AND THREE RIVERS PARK DISTRICT, HENNEPIN COUNTY, MINNESOTA WHEREAS, the City of Brooklyn Center ("City") and the Three Rivers Park District ("Three Rivers") established a Trailway Cooperative Agreement for the Shingle Creek Regional Trail and the Twin Lakes Regional Trail in 2009; and WHEREAS, the City approved a Limited Use Permit Agreement for Public Trail Ways on June 7, 2010, for the Three Rivers Park District's Twin Lake Regional Trail along Xerxes Avenue located partially on the Shingle Creek Crossing development; and WHEREAS, the City Council has subsequently obtained a new permanent easement on the Shingle Creek Crossing development for this portion of regional trail; and WHEREAS, the City and Three Rivers Park District desire to continue to maintain various construction, maintenance and operation responsibilities for the regional trail way in a Limited Use Permit for segment TL-513 of the Twin Lake Regional Trail. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that The provisions of the Three Rivers Limited Use Permit Agreement, between the City and Three Rivers are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute said agreement. March 13, 2017 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. Segment TL-513 Limited Use Permit Agreement for Public Trail Way THIS AGREEMENT is made by and between the City of Brooklyn Center, a Minnesota municipal corporation, Grantor, in favor of the Three Rivers Park District, a political subdivision of the State of Minnesota, Grantee. Recitals A.This Agreement is for the purpose of permitting construction, maintenance and operation of a regional trail ("Trail") within that part of Xerxes Avenue North dedicated in the subdivision of Registered Land Survey Number 1766, Tract A and Hennepin County Registered Land Survey Number 1710, Tract B and within that part of the Grantor's easement per document No. 4868191, files of Hennepin County Recorder, as shown in Exhibit A, which is attached hereto and incorporated by reference. B.Grantor desires to grant to the Grantee, and Grantee desires to accept, certain rights pertaining to the Trail, according to the terms and conditions contained herein. Terms of Agreement 1.Grant of Use. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor irrevocably grants use of the Trail area as described and depicted on the attached Exhibit A. 2.Scope of Agreement. The use granted herein includes the right of the Grantee, its contractors, agents and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair, within the described area, a Trail including any of the following facilities and amenities: public sidewalk or trail and trail signing. This Agreement shall include the Trail area as depicted in Exhibit A and shall be limited in width to a 14-foot wide strip of land, the center line of which is the center line of the Trail as it currently exists. The general location and width of this Trail are depicted on the attached Exhibit A. Any alteration to the current horizontal or vertical location of this trail must be approved by the Grantor. 3. Trail Uses and Purposes. This permit agreement is for public trail purposes only. All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skating, biking and uses mandated by state law including, but not limited to, electric personal assistive devices. In addition, motorized vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. Dated this _____ day of ,2017. CITY OF BROOKLYN CENTER By Its: Mayor By Its: City Manager \ ol1yJ\* co I 1\ ( / /- Af , /JI0 5,Olz\ k \ \ . I SHINGLE CREEK'1)I I CROSSING'\'•'\\ \i.\,' 11\A\ \\EAS ENTDO(\NUMBE 552 1 Il 3,, 1' / -1 I - \11 / l-\ \ '1 550\\ \ \\ft \ \ I \ / \/ \ \ -0 \ ;.-• '- 55Th -- 4L k .1 k LA2SA PROPOSED AGREEMENT - 22,138 SF 0 150 300 FTI I CITY OF AGREEMENT AREA TL-5B EXHIBIT A BROOKLYN CENTER PUBLIC WORKS - ENGINEERING XERXES AVE. N. 55TH TO 57TH FEBRUARY 27, 2017 City CouncH AgendaiI Lfli COUNC]IL 1ITM MEMORANDUM DATE: March 7, 2017 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Authorizing Termination of Trail Agreement Between the City of Brooklyn Center and Three Rivers Park District, Hennepin County, Minnesota Recommendation: It is recommended that the City Council approve the resolution terminating a trail agreement pertaining to the Three Rivers Park District Twin Lake Regional Trail. Background: In 2010, the City granted limited use agreements for public trail ways to Three Rivers Park District coincident with the City's public trail easements along Xerxes Avenue on the Shingle Creek Crossing development for the Twin Lake Regional Trail (see attached exhibit with the agreement area depicted as TL-513). Subsequently and as part of the Shingle Creek Crossing continued development and replatting of certain portions of the development, a City sidewalk and streetscape easement along Xerxes Avenue was terminated and rededicated to coincide with, the newparcels that were platted within the development. Coincidentally, the trail agreement between the Three Rivers Park District and City was based off of the old easements that were terminated and replaced. The original agreement for the trail way designated as segment TL-5B is no longer valid and is currently being replaced by a new agreement between the City and Three Rivers Park District, concurrently and under separate City Council action. The attached document and exhibit outline the release and termination of the agreement and show the location of said existing agreement. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Budget Issues: There are no budget issues to consider. Strategic Priorities: Key Infrastructure Investments iWission: Ensuring an attractive, clew,, safe, inclusive community that enhances the quality of life far all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING TERMINATION OF TRAIL AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND THREE RIVERS PARK DISTRICT, HEN1EPIN COUNTY, MINNESOTA WHEREAS, the City approved a Limited Use Permit Agreement for Public Trail Way on June 7, 2010, for a segment of the Three Rivers Park District's Twin Lake Regional Trail located along Xerxes Avenue adjacent to the Shingle Creek Crossing development; and WHEREAS, the City Council has subsequently obtained a new permanent trail easement on the Shingle Creek Crossing development for a portion of the regional trail; and WHEREAS, the prior Agreement for the old trail must be terminated; and WHEREAS, the Agreement proposed to be terminated is identified as follows and is hereafter referred to as "the Agreement": o Limited Use Permit Agreement for Public Trail Way as depicted and described in the attached exhibit TL-5B; and WHEREAS, the City Council has determined that the Agreement will no longer be needed and has been replaced, and it is in the public's interest to terminate the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City Council hereby approves the termination of the Agreement described above and depicted in the attached exhibit. 2.The Mayor and City Manager are authorized to execute the Termination of Agreement. March 13, 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. This Termination of Agreement is made by and between the City of Brooklyn Center, Minnesota, a Minnesota municipal corporation ("City"), and the Three Rivers Park District, a political subdivision of the State of Minnesota ("TRPD"). RECITALS A.By agreement dated June 7, 2010, and entitled Limited Use Permit Agreement for Public Trailway (Segment TL-513) (the "Limited Use Permit Agreement"), the City granted TRPD certain rights for construction, maintenance and operation of a regional trail ("Trail"). B.The parties have agreed to establish a new Limited Use Permit Agreement for the Trail that continues the prior rights to construction, maintenance and operation of a trail in the same location, but updates the Recital referencing the current underlying City easement due to the prior easement termination; therefore wish to terminate the existing Limited Use Permit Agreement. AGREEMENT I. The Limited Use Permit Agreement is hereby terminated and is of no further force or effect. Dated this day of , 2017. CITY OF BROOKLYN CENTER By: Mayor And By: City Manager THREE RIVERS PARK DISTRICT By:, Segment TL513 Limited Use Permit Agreement for Public Trail Way THIS AGREEMENT is made by and between the City of Brooklyn Center, a Minnesota municipal corporation, Grantor, in favor of the Three Rivers Park District, a political subdivision of the State of Minnesota, Grantee. Recitals A.This Agreement is for the purpose of permitting construction, maintenance and operation of a regional trail ("Trail") within that part of Xerxes Avenue North dedicated in the subdivision of Registered Land Survey Number 1766, Tract A and Hennepin County Registered Land Survey Number 1710, Tract B and ithnpot—the Grantor casement per Document No. 720378 and Document No. 449943O ties of Hennepin Cii Recorder, as shown in Exhibit "A", which is aftchTTiiEk[fii -rated by reference. -= These easements were terminated and renlaced with No. 4868191. B.Grantor desires to grant to the Grantee, and Grantee desires to accept, certain rights pertaining to the Trail, according to the terms and conditions contained herein. Terms of Agreement 1.Grant of Use. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor irrevocably grants use of the Trail area as described and depicted on the attached Exhibit A. 2.Scope of Agreement. The use granted herein includes the right of the Grantee, its contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair, within the described area, a Trail including any of the following facilities and amenities: public sidewalk Or trail and trail signing. This Agreement shall include the Trail area as depicted in Exhibit A and shall be limited in width to a 14.00 foot wide strip of land, the center line of which is the center line of the trail as it currently exists. The general location and width of this Trial are depicted on the attached Exhibit A. Any alteration to the current horizontal or vertical location of this trail must be approved by the Grantor. 3. Trail Uses and PLirposes. This permit agreement is for public trail purposes only. All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skating, biking, and uses mandated by state law including, but not limited to, electric personal assistive devices. In addition, motorized vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. Dated this day of ,2010. CITY OF BROOKLYN CENTER 7 2 -2V2By /,e--y /'bz Its By /—m Its ,/ L mccH - 1 /szs A N 5' : \\ •:---I 56201 At - L_—EASEMENT DOG i NUMBER 720376 - - •32\:.1108 / 15500 55.JEN \••I U. • PROPOSED AGREEMENT - 23,959 SF iso 300 FT __ N £iiiii CITY OF BROOKLYN CENTER AGREEMENT AREA TL-53 57TH EXHIBIT A JANUARY 25, 2010 PUBLIC WORKS - ENGINEERING XERXES AVE. N. 55TH TO [SI tilijirilt IViiiriiu ri Fruri [EO1IJ[iJ I fl N I DWI I'A I Dk"A (0 1I Ilik'A I DATE: February 27, 2017 TO: Curt Boganey, City Manag' FROM: Kelli Wick, Human Resources Directo SUBJECT: RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 (POLICE COMMANDERS AND SERGEANTS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2017 - 2018 Recommendation: It is recommended that the City Council adopt the resolution approving the labor agreement between the City of Brooklyn Center and Law Enforcement Labor Services (LELS) Local 86 for the period January 1, 2017— December 31, 2018. Background: The current contract with LELS 86 (Police Commanders and Sergeants) expired on December 31, 2016. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. This labor agreement covers police commanders and police sergeants for a total of nine employees. The attached agreement has been approved by a vote of the members and upon adoption by the City Council will establish wages and working conditions for calendar years 2017 - 2018. The Articles affected by these negotiations include the following: Article 13 - Overtime (Sergeant Classification) Increase the amount of hours for the comp time bank from 40 to 60 hours. Article 14 - Court Time Replace current language with the Court Time language from LELS 82 (police officers) for consistency and clarification. Article 28 - Insurance Effective 1/1/2017, the City will contribute payment of one thousand one hundred and twenty- four dollars ($1,124) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. Effective 1/1/2017, the City will contribute payment of eight hundred fifty-two dollars ($852) per month per employee for use in participating in the City's insurance benefits for those employees who elect to opt out. The City will offer the best of any agreement that we have for any other employee group for 2018. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I[I1IJ(iJ I N N Dk'1 UYA I Dk"4 0) flI Plik'A I Article 29 - Wage Rates Added a beginning step and an after 36 month step to the Sergeant's pay starting January 1, 2017. The after 36 month pay step received a 2.5% increase. Two and a half (2.5%) percent increase January 1, 2018. Commanders received a two percent (2%) increase plus a $.20/hour market adjustment January 1, 2017. Three percent (3%) increase January 1, 2018. Article 36, Duration Two year agreement for 2017-2018. Budget Issues: In 2017 the cost of the wage adjustment is approximately $24,500. There is no increase in the City's insurance contribution as it is remaining the same as 2016. The 2017 budget appropriates sufficient funds to cover this expense. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2017-2018 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS Local 86 (Commanders/Sergeants) for a contract for the years 2017-2018 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 86 (Commanders/Sergeants) for calendar years 2017-2018 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments shall become effective according to the schedule of the agreement which commences January 1, 2017. 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. Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 86 January 1, 2017 - December 31, 2018 TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 1 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 2 10 Work Schedules 3 11 Discipline 4 12 Employee Rights —Grievance Procedure 4 13 Overtime (Sergeant Classification)6 14 Court Time 7 15 Call Back Time 8 16 Working Out of Classification 8 17 Standby Pay 8 18 Leaves of Absence 8 19 Severance 9 20 Injury on Duty 9 21 False Arrest Insurance 9 22 Training 9 23 Post License Fees 10 24 Uniforms 10 25 Holiday Leave 10 26 Vacation Leave 11 27 Sick Leave 12 28 Insurance 12 29 Wage Rates 13 30 Benefits for Retirees 14 31 Mileage and Expense Reimbursement 14 32 Light Duty 14 33 Tuition Refund 14 34 Retiree Health Savings Plan (RIETSP)14 35 Agreement Implementation 16 36 Waiver 16 37 Duration 17 ARTICLE 1 - Purpose of AgreementThis Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, "Local No. 86", hereinafter called the Union. It is the intent and purpose of this Agreement to:1.1 Establish procedures for the resolution of disputes concerning this Agreements interpretation and/or application; and1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - Recognition2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statues, Section 179A.03, Subdivision 6, for all police personnel in the following job classifications: Sergeant; Commander2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 Definitions 3.1 Union: Law Enforcement Labor Services, "Local No. 86." 3.2 Union Member: A member of Law Enforcement Labor Services, "Local No. 86." 3.3 Department: The City of Brooklyn Center Police Department. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Employer: The City of Brooklyn Center. 3.6 Chief: The Chief of the Brooklyn Center Police Department. 3.7 Union Officer: Officer elected or appointed by Law Enforcement Labor Services, "Local No. 86." 3.8 Overtime: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 Scheduled Shift: A consecutive work period including rest breaks and a lunch break. 3.10 Rest Breaks: Period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Lunch Breaks: A period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 Regular Base Pay Rate: The employee's hourly or monthly base pay rate. 3.13 Strike: Concerned action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. ARTICLE 4- Employer SecurityThe Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. -1- ARTICLE 5- Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6- Union Security6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7- Savings ClauseThis Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8- Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. ARTICLE 9- Seniority9.1 Seniority shall be determined by continuous length of service in the job classification covered by this Agreement. Employees promoted from the classification covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in the job classification covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a -2- classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior qualified employees shall be given shift assignment preference after twelve (12) months of continuous full-time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority at least annually in January and within 30 days of any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. If a special assignment's position is created, assignment to such position shall be opened for bidding on the basis of seniority for up to a two-year assignment in such position. A person shall not be eligible to bid or be assigned to such special assignment position more often than two years out of any four continuous year periods. In the event that no one bids a special assignment position, an employee who is otherwise ineligible to bid it because they have already held it for two years within a four year continuous period, shall then be eligible to bid for the position. If an employee is assigned to a special assignment position, they shall be eligible to bid for any other position at the next bid. [A special assignment position is one out of the normal shift rotation with primary emphasis on patrol management.] 9.5 One continuous vacation period shall be selected on the basis of seniority until January 31 of each calendar year. 9.6 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.7 No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call-up to Reserves or National Guard, or for layoffs of less than two (2) years in duration. ARTICLE 10 - Work Schedules10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a.hours worked on assigned shifts, b.holidays, C. assigned training, and d. authorized leave time. -3- 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. 10.4 Record .66 of compensatory time per pay period for each sergeant for the daily passing of information. ARTICLE 11- Discipline11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a.oral reprimand; b.'written reprimand; C. suspension; d.demotion; or e.discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of proposed disciplinary action against the employee being questioned unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12 - Employee Rights - Grievance Procedure 12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. A 12.2 Union Representatives - The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 12.4 Procedure - Grievances, as defined by Section 12. 1, shall be resolved in conformance with the following procedure: itc± An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Unioi within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed withresentative. The Employer-designated representative shallthe Employer-designated Step 2 rep give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waive. Step If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. -5- Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority end, modify, nullify, ignore, add to, or subtracta.The arbitrator shall have no right to am from the terms and conditions of this Agreement.. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b.The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 WaiverIf a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 - Overtime (Sergeant Classification) 13.1 Employees will be compensated at one and one-half (1 1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When employees have less than twelve (12) hours of duty-free time between assigned shifts, they will be compensated at a rate of one and one-half (1 '/2) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City-contracted work, training, and court time are considered as duty-free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may annually elect compensatory time off at a rate of one and one-half (1 ½) time. An employee's compensatory time bank shall not exceed sixty (60) hours at any time during a calendar year. Employees with fewer than thirty (30) hours of compensatory time will be paid out to the employee on or about the first paycheck in December. Employees with thirty (30) or more hours up to the sixty (60) hour limit will have pay placed in the employee's HCSP account on or about the first paycheck in December. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all employees by the Chief of Police at the employee's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer-designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one-half (1½) times the employee's regular pay rate for hours worked outside of the scheduled work period. 13.1 OPolice Commanders are only eligible for overtime pay for privately funded and grant funded projects (Safe and Sober, etc.) and are otherwise ineligible for overtime. ARTICLE 14- Court Time 14.1 Court Appearances:14.1 .1 An employee who is required to appear in court during their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 ½) times the employee's base pay rate. An extension or early report to a regularly scheduled . shift for court appearance does not qualify the employee for the three (3) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. -7- 14.1.2 An employee who is required to appear in court during their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification if not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour court time minimum. 14.2 Standby Pay:14.2.1 Any employee placed on standby on scheduled days on will be paid three (3) hours at one times the employee's base pay. TB: If an officer is scheduled to work night shift on Monday and Tuesday night and is placed on standby on Monday or Tuesday, then standby pay would be at straight time. 14.2.2 An employee who is placed on standby for court during their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification is not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour minimum as provided in Section 14.2.1 or 14.2.2. 14.2.3 Any employee who is placed on stand-by for court should retain a copy of the notice placing them on stand-by, or obtain the name of the person placing them on stand-by. ARTICLE 15- Call Back TimeAn employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (P/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16- Working Out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17- Standby PayEmployees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18- Leaves of Absence18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. -8- 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his/her regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the MN Statutes. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non-Union employees pursuant to the City's Personnel policy applicable to non-Union employees at the time of application for a leave of absence. ARTICLE 19- Severance19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one-third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. 19.3 Employees electing to participate in a Health Care Savings Plan will receive 40% of sick leave severance paid into the Health Care Savings Plan. Employees not eligible to participate in the Health Care Savings Plan will receive one-third of sick leave severance. ARTICLE 20- Injury on DutyEmployees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21 - False Arrest InsuranceThe City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22— Training22.1 The Employer shall reimburse each employee who is required to maintain a license as a law S enforcement officer under Minnesota Statutes, Section 626.84, for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in-service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in-service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced., 22.2 The Employer shall pay each employee their regular salary while attending continuing education courses whether or not such courses attended are in-service training courses or courses given by instructors other than the Employer. The obligation of the Employer to pay such salaries shall not exceed a total of forty-eight (48) hours every three (3) years. ARTICLE 23 - Post License FeesThe Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each licensing period. ARTICLE 24- UniformsThe Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $155 per year. Plainclothes officer(s) shall be paid a clothing allowance of $590 per year. ARTICLE 25- holiday Leave25.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety-six (96) hours of holiday leave shall be advanced to employees on January 1st of each calendar year beginning on January 1st 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 25.2 Employees may use holiday leave with the approval of the Employer. 25.3 An employee who works on Martin Luther King, Jr. Day, Memorial Day, Independence Day, or Labor Day shall receive time and one-half (1 1/2) employee's regular pay rate for all hours actually worked during the named holiday. 25.4 An employee who works on New Year's Day, Thanksgiving Day, or Christmas Day shall receive two times the employee's regular pay rate for all hours actually worked during the named holiday. 25.5 Except as provided in 25.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. _10- 25.6 An employee may request a holiday off, which he/she is required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 25.7 Employees beginning employment after January 1" of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 25.8 Any holiday leave not used on or before December 31st of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 26— Vacation Leave 26.1 Permanent full-time employees shall earn vacation leave with pay as per the following schedule: 0 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) Eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years -6.15 hours per pay period 26.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 26.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 26.4 Employees may accrue a maximum of two hundred thirty (230) hours of vacation leave. Employees may not carry forward more than two hundred thirty (230) hours of vacation leave from year to year. 26.5 Employees leaving the service of the Employer in good standing, after having given the Employer fourteen (14) day notice of termination of employment, shall be compensated for vacation leave accrued and unused. - 11 - ARTICLE 27- Sick Leave 27.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or 96 hours per year (computed at 3.69 hours per pay period) of full-time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 27.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. hmediate family shall mean brother, sister, parents, parents-in-law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers-in-law, sisters-in-law, grandparents, grandparefltS-iflw, and grandchildren of the employee. 27.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety-six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty-four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 27.4 In order to be eligible for sick leave with pay, an employee must: a.notify the Employer prior to the time set for the beginning of their normal scheduled shift; b.keep the Employer informed of their condition if the absence is of more than three (3) days duration;c. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 27.5 Employees abusing sick leave shall be subject to disciplinary action. 27.6 employee who accumulated 960 hours of sick leave and who uses not more than the equivalent of two regularly scheduled shift's worth of sick leave hours in a calendar year shall receive a wellness incentive equal to one of the employee's regularly scheduled shifts' compensation at the employee's regular rate of compensation. ARTICLE 28- insurance 28.1 217 Full-time EmployeesEffective 1/1/17, the City will contribute payment of one thousand one hundred and twenty- four dollars ($1,124) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. -12- Effective 1/1/17, the City will contribute payment of eight -hundred fifty-two dollars ($852) per month per employee for use in participating in the City's insurance benefits for those employees who elect to opt out. 2018 Full-time Employees e group forThe City will offer the best of any agreement that we have for any other employe 2018. 28.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long-term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 29- Wage Rates oul ajLu - Date 1/1/17 Sergeant Rate Start $41 .79/hour Step 1 $45.32/hour After 36 months $46.45/hour Date 1/1/18 (2.5% inc.)Sergeant Rate Start $44.29/hour Step 1 $46.45/hour After 36 months $47.61/hour Date: 1/1/17 —2% plus $.20/hour market 1/1/18 - 3% increase Commander Rate $8,798 - $9,183/month $9,062 - $9,458/month New hires in the Commander classification will be paid at minimum starting wage, be on probation for one year and after successful completion of probation will receive a pay increase to the maximum pay- - 13 - ARTICLE 30 - Benefits for Retirees Retirees at the time of retirement shall receive the same options and level of cit y contribution for insurance coverage upon retirement as are provided by th be changed by the City from time to time.e City's Personnel Policy covering non- Union employees as such options and contributions may ARTICLE 31 - Mileage and Expense Reimbursement Employees shall receive the same mileage and expense r eimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non-Union employees as such policy may be changed by the City from time to time. ARTICLE 32- Light DutyMembers of the bargaining unit will be eligible for tempora lY light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non-Union employees of the City as set forth in the City's personnel policy, as the same may be amended from time to time by the City. ARTICLE 33— Tuition RefundBargaining unit members who have passed their initial probation period may be eligible for reimbursement of tuition and required course fees for courses taken for credit through accredited educational institutions. Tuition reimbursement may be approved for courses with the following criteria: 1.a college level course available for credit; and 2.course is taken on personal time; and 3.course is "work related"; and 4.grade of "C" or better or "satisfactory" is received upon completion; and 5. the training request receives pre-approval and final approval by the Police Chief. Bargaining unit members are eligible for a 75 % reimbursement of books, tuition and required fees upon completion. Bargaining unit members interested in participating in this program must first submit course work to the Police Chief for pre al Pre-approval forms may be obtained from the Police Chief. Employees must obtain pre-approval to ensure they obtain reimbursement throughent is $1,500 per employee per calendar year.participation in this program. Maximum reimbursem The annual budget for the tuition refund program shall not exceed $6,000. ARTICLE 34— Retiree Health Savings Plan (R[ISP)The Retiree Health Savings Plan (RHSP) is established to help defray the cost of medical expensess for employees, spouses and dependents after the employee leavesand health insurance premium employment with the City of Brooklyn Center. 1. Participation EligibilityRegular full-time benefit earning employees may have contributions made on their behalf into the RHSP. Participants must be 21 years of age or older. Unless noted otherwise in this policy the minimum period of service required to participate in the plan is 60 days. Eveiy eligible employee in an employee group is required to participate in the RHSP for their group as outlined in this applicable labor agreement. -14- 2.RIISP ContributionsWhen appropriate, each employee will have an account established in his or her name. Unless specifically noted otherwise, contributions (and earnings) to an employee's RSP account are not taxable income. 3.Accessing Funds a.Employees may access the funds in their RHSP account when they are eligible to retire under the Public Employees Retirement Association's (PERA) rules. b.Unless prohibited by the IRS, employees leaving employment with the City prior to being eligible for retirement through PERA, for the reasons noted below, may make withdrawals on a tax-free basis for eligible health-related expenses. Upon termination of employment. If employee is collecting a disability. If employee is on a medical leave (six months or longer) If employee is on a leave of absence (one year or longer) If the employee returns to work and is earning medical benefits, they are no longer eligible to make withdrawals from their RHSP account. The IRS does not allow these funds to be rolled into any other type of plan, including an IRA. G. Access following death. The surviving spouse and eligible dependents continue to access the account for eligible expense reimbursements until the wiSP account is exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be made to a beneficiary other than a surviving spouse or eligible dependent. However, such reimbursements would be taxable to the recipient. 4. Eligible Expenses Reimbursed by PlanFunds in a RHSP account may be used to reimburse: i. Insurance premiums (health insurance premiums, Medicare supplemental insurance premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance premiums, long term care insurance premiums (not long term care expenses), and dental insurance premiums. 2. Most qualifying medical expenses as defined in Internal Revenue Code Section 213 (i.e. medical costs that would otherwise be deductible to the employee on his or her individual income tax return).A third-party claims administrator hired by ICMA-RC will handle claims administration. 5.No Opt-outEmployees and retirees in groups covered by the RHSP program are not permitted to opt-out of the program. Participation is mandatory. 6.Program Administration Division,sion, the ICMA Retirement Corporation willAlong with the Human -15- administer the RHSP program. The employee controls how the money is invested similar to his or her Section 457 deferred compensation program. The employee receives an account statement each quarter from ICMA for his or her RHSP account. 7.Administrative FeesPlease contact ICMA for current administrative and mutual fund fees. 8.Plan ModificationsThe details of ICMA-RC' s administration of the RHSP as well as other features of the plan are set forth in the RHSP materials provided by ICMA-RC. These details and IRS regulations regarding the RESP may be revised, necessitating the revision to this policy or other agreements between employee groups and the City. The City reserves the right to modify its policy to comply with any other regulations regarding the plan and to add contribution requirements. 9. Contribution Formulas 1.Election for Pre-Tax Contributions from Compensation. Employees may elect to contribute up to 25% of their compensation. This is a one-time, irrevocable election. Employees must make this decision during the open enrollment period. 2.Severance Pay.Employees who qualify to receive severance pay and vacation pay upon retiring or leaving the city in good standing, as defined by the current Labor Agreement, will designate from 0% to 100% (in 10% increments) to be placed in their individual RHSP accounts at the time of retirement or resignation. This is an irrevocable election. Employees must make this decision during the open enrollment period prior to the beginning of the year in which they will retire. ARTICLE 35- Agreement ImplementationEmployer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 36- Waiver 35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and -16- all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 37- Duration This Agreement shall be effective as of January 1, 2017 and shall remain in full force and effect until the thirty-first (31) day of December 2018, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of 2017. FOR LAW ENFORCEMENT FOR THE CITY OF BROOKLYN LABOR SERVICES CENTER Business Agent Mayor Union Steward City Manager Union President -17- II,ii1.irwVVins riItemuNo. r Materials for this -item will be at Council seats on Monday night. Brooklyn Bridge Alliance for Youth Brooklyn Center City Council Update March 13, 2016 New Strategic Plan! Strategies Increase Coordinationamongst Alliance members and broader community • Increase Equitable Accessto opportunities • Increase Resourcesto accomplish our mission • Increase Qualityof existing programs • Increase Youth Engagementacross our systems • Updates BrookLynk is growing! 16 Employers & 107 internships pledged • 73% increase in pledges • 72 positions paid by employers at an • average of $2,400 per internship = $172,800 New Funding from Youthprise Data work -assess assets and gaps in • opportunity Youth as Facilitative Leaders Training • Youth led events -Motivation Day! • Motivation Day! Centennial Park 4-10pm August 12 th • GOAL: Strengthen and empower youth by helping them maintain • their drive and determination in school and life. Motivational stories from youth and adults – Showcase local talent – Resource area to get connected – Family friendly! – BYC will partner with • Youth Groups throughout the Brooklyns – Community Activities and Recreation Services – BC/BP Police Departments – What’s Exciting Ahead Grow and Transition BrookLynk • More youth and community events • More opportunities for adults to learn how to • build relationships and support youth Down the road… developing resources that • promote Youth Safety and Well-Being Thank you Thank you to the City Council for your continuous support young people! Cfty Coun c^^ Agenda ^tem No. 7h EI1Sk(IJ I R k"4 I I 3Ik (I) 1I IiIi DATE: 3/7/17 TO: Curt Boganey, City Mana FROM: Jim Glasoe, Director of Community Activities, Recreation & Servic SUBJECT: Proclamation Declaring March 13, 2017 as Youth in Government Day Recommendation: It is recommended that the City Council consider approval/adoption of a proclamation declaring March 13, 2017 as Youth in Government Day. Background: Youth in Government Day was created to welcome young people into the processes and structure of their local government - whose work directly impacts their lives every day. Through equipping young people with the understanding of how their communities work and how decisions are made, the event will cultivate and equip young people to become engaged, active, and informed citizens. We have eight students that will be taking part in the Youth in Government Day activities on March 13, 2017. These students include: > Carinette Freeman, Champlin Park High School, Mosia Vankpanah, Champlin Park High School, Sade Berrouet, Park Center Senior High School, William Long, Park Center Senior High School, ) Daniel Moreno, Park Center Senior High School, > David Moreno, Park Center Senior High School, > Shantell Scott, High School for the Recording Arts, > Francis Best, Brooklyn Center Secondary It is fitting the Mayor/City Council proclaim "Youth in Government Day" and formally recognize their participation. Budget Issues: There are no budget issues to .consider. Strategic Priorities: Strengthened and Empowered Youth Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust V I mr J241 DECLARING MARCH 13, 2017, AS "Y0 UTH IN GO VERNMENT DAY" IN THE CITY OF BROOKLYN CENTER, MINNESOTA WHEREAS, youth represent a significant portion of the population in the City of Brooklyn Center and their voices, opinions and participation are instrumental and valuable to the governmental process; and WHEREAS, The City of Brooklyn Center recognizes that public policies and decisions impact the lives of youth every day and that there is a continued and evolving need to identify strategies that meet the needs ofyouth and families in our community; and WHEREAS, by allowing students afun and educational opportunity to actively participate in the governmental process and by providing them with an experiential understanding of how the process works and how decisions are made, the City of Brooklyn Center hopes to cultivate and equip youth with the knowledge and tools to become engaged, active and informed residents and future leaders of the community, and WHEREAS, Carinette Freeman, Champlin Park High School, Mosia Vankpanah, Champlin Park High School, Sade Berrouet, Park Center Senior High School, William Long, Park Center Senior High School, Daniel Moreno, Park Center Senior High School, David Moreno, Park Center Senior High School, Shantell Scott, High School for the Recording Arts, Francis Best, Brooklyn Center Secondary; have actively participated in the 2017 Youth in Government Day Program. NOW THEREFORE, I, TIM WILLSON AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: Monday, March 13, 2017 as "Youth in Government Day" in the City of Brooklyn Center and do hereby acknowledge the 2017 participants. March 13, 2017 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 8.9 [i1II[SJ I fl I U *h'A Uh'A I ai 0) 1I WJ'A I DATE: March 7, 2017 TO: Curt Boganey, City er Manae FROM: Sharon Knutson, City Clerk JV4,^n SUBJECT: An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes. Background: At its February 13, 2017, meeting, the City Council approved first reading of An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes. Attached are the materials provided at the February 13, 2017, meeting. The second reading and Public Hearing are scheduled for March 13, 2017. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on February 23, 2017. If adopted, effective date will be April 22, 2017. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community lb at 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 13th day of March, 2017, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO TRANSIENT ACCOMMODATIONS AND THE PAYMENT OF PROPERTY TAXES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 23-006.05 is amended as follows: Section 23-006.05. PAYMENT OF PROPERTY TAXES REQUIRED. No license shall be granted or renewed for tobacco related products; bowling alleys; public dancing; filling stations; pawnbrokers; secondhand goods dealers; motor vehicle dealerships; saunas and sauna baths; massage parlors; rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups, escort services, model services, dancing services, or hostess services; transient accommodations: or amusement devices for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.01 through 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. Section 2. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2017. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) i[I1BJ[iJ I fl I I $k'A LA I ak'A (I) 1WI 1IJYA I DATE: February 7, 2017 TO: Curt Boganey, City Mana4' - FROM: Sharon Knutson, City Clerk IIL 111 SUBJECT: An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes Recommendation: It is recommended that the City Council consider approval of first reading of an ordinance amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes and set second reading and Public Hearing for March 13, 2017. Background: On November 28, 2016, the City Council adopted Ordinance No. 2016-12 adding new sections 23-2400 through 23-2414 related to the licensing of Transient Accommodations. City Code Section 23-006.05 requires the holder of certain types of licenses to be current on property taxes, assessments, or other financial claims of the state, county, school district, or city. It is recommended that transient accommodations be added to the list of licenses in Section 23- 006.05 to ensure that financial claims such as lodging tax, property tax, assessments, and City utilities are current prior to granting or renewing a license. 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 28th day of November, 2016, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance requiring City licenses for transient accommodations. 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. 2016-12 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES ADDING SECTIONS 23-2400 THROUGH 23-2414 REQUIRING LICENSES FOR TRANSIENT ACCOMMODATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Findings and Intent. 1.01 The level of criminal activity occurring at hotels and motels in the City of Brooklyn Center ("City") is a real and compelling concern to the City Council, residents, visitors, and the hotel and motel industry itself. 1.02 A review of the police service calls regarding criminal activity demonstrates that some hotels and motels in the City are responsible for a disproportionate number of those calls. 1.03 It is reasonable to require those hotels and motels with a higher number of police calls for service to employ certain measures that have been shown to be effective in deterring crime. 1.04 To account for differences in the number of lodging units among the hotels and motels, and to avoid larger properties being disproportionately represented, it is appropriate to consider the number of calls for service based on a per-lodging unit calculation for the purposes of determining the level of license required. 1.05 The City Council determines it is in the best interests of the City to take a proactive approach to deterring and minimizing criminal activity at the City's hotels and motels. 1.06 The City Council desires to encourage and foster cooperation between hotel and motel operators and the police department, so calls for police service initiated by the hotel or motel operator should not be included in the calls for service calculations for the purposes of these regulations. ORDINANCE NO. 2016-12 1.07 The license required by this ordinance is a business license issued under the City's general police powers and is not intended to regulate items addressed in a Minnesota Department of Health license required of hotels and motels under Minnesota law. Section 2. Brooklyn Center City Code, Chapter 23 is amended to add new Sections 23-2400 to 23-2414 as follows: TRANSIENT ACCOMMODATIONS Section 23-2400. PURPOSE. It is the purpose of these Sections 23-2400 through 23- 2414 to ensure that hotels and motels (referred to in these Sections as "transient accommodations") taking steps and implementing measures as may be needed to discourag e the use of their facilities for criminal activities in order to protect the safety of their guests and the public. Those owning and operating transient accommodations in the City have a . 4-.-.-., -4--1...+ rs'. Q1111 fve Section 23-2401. LICENSE REQUIRED. It is unlawful for any person, firm, corporation to operate a transient accommodation in the City without a transient accommodation license issued pursuant to Sections 23-2400 through 23-2414. A separate license is required for each transient accommodation property. Section 23-2402. DEFINITIONS A."Annual calls for service" - The ag gre g ate total of all calls for service to transient accommodation property in a calendar year multiplied by the tot al number of lodging units in the transient accommodation as determined by the CAL B."Call for service" - Include s any of the following. 1. Any report of criminal activity made to the police department from or concerning a transient accommodation in connection with anincident occurring at that transient accommodation property. except calls originating from the owner, manager or other agent of the owner of the transient accommodation property 2 Any incident observed by police concerning a transient accommodation property and is responded to by a police offir . Oal a call for service that is verified by the responding police officer as being, valid call for service regarding criminal activity shall be included in the annual ORDINANCE NO. 2016-12 B."Level I transient accommodation" - Any transient accommodation whose annual calls for service are less than .20 calls per lodging ini C."Level II transient acccmmodatiofl" -, Any transient accommodation ==he annual calls for service are at least .20 calls perlodging unit, but less than .40 calls per lodging unit D."Level III transient accommodation" - Any transient accommodation whose annual calls for service are at least .4O calls per lodgin unit orr. E."Lodging unit" - One self-contained unit within .a transient accommodation designated by number, letter, or some other method, of identification th5 designed or used for overnight accommodations. A lodging unit shall not include areas or rooms not utilized for overnight gccomrnodatios such as_ banquet oo meeting rooms,, business centers, pool areas, and workout orn F."Police department" - he city of Brooklyn Center Police DcrtW G."Transient accommodation" - An facili such as a hotel motel. condominium resort, or any other facility or place offering six or more ging units to 9 for periods of less than thirty days, but not including jails. facilities, senior living centers, residential treatment homes and similar faci1itjes H. "Transient accommodation ro ert "- AnY land containing a facility for transient accommodation including any associated parking areas, recreation areas. loain areas, or other amenities, located on the same pgrcelert. Section 23-2403. RESTRICTIONS ON ISSUING following circumstanceaccommodation, license shall not be issued or renewed if any of the A., , The applicant submits an incomplete license application or fails_tQsubmiUhe required application fee; B., The applicant was not trutbil in any of the provico the Cit as part of its request for a license C.The accommodation is not in compliance with the requirements Sections, 23-2400 through 232414, with any condition placed on jits _cuuent transient accommodation license, or with any applicable ,federal, state, or local law, rule, regulation, or ordinance,; or D., The transient accommodation properly is not in compliance with any applicable federal,,,,state, or local law, rule, regulation, or ordinance. ORDINANCE NO. 2016-12 Section 23-2404. LICENSING PROCESS AND RENEWAL A.A new transient accommodation shall obtain a transient accomiiiodationiinse prior to opening for business. A new transient accommodation that had not previously operated within the City shall initially qualify for a Level I transient accommodation license. The City may charge a reduced license fee for transient accommodation license based on the number of months remaining iu_the particular licensing period. B.On or before February 1st of each year the City will notify each existmnn transient accommodation in writing of their annual calls for service for the previous year and the level of transient accommodation license for which they must appiy Applications for a license renewal shall be submitted to the City at least 30 days prior to the license expiration date. C. The transient accommodations must obtain the required level of transient accommodation license from the City by no later than May 1 " each year. All requirements applicable to the particular level of license and my additional conditions placed on the license must be completed and fully implemented by_the licensee byAgust 1st Failure to comply with the requirements applicable to the license level, or any additional conditions issued by the City Council, shall constitute sufficient .grounds for the revocation, suspension, or nonrenewal of the transient accommodation license. Section 23-2405. LICENSE FEE. The fee for a transient accommodations license shall be as set forth by City Council resolution. The City Council may establish a separate fee for each licensing level. Section 23-2406. LICENSE PERIOD. All transient accommodations licenses shil expire on April 30 each year. Section 23-2407. TRANSFER OF LICENSES. A transient accommodation license be transferred to p new owner of a transient accommodation continuing to operate on the same transient accommodation property for which the license was issued. Written notice of the transfer shall be provided to the City within ten (10) business days after the transfer. The notice shall include the name and address of the person, firm, or corporation taking ownership control of the transient accommodation. A transient accommodation license shall not be transferred or relocated to a transient accommodation located on a different site .. with any special requirements cyond complying with any conditions the City Council may impose on the license. The license shall be issued upon application, payment of applicable fees, and proper licensing with all applicable government agncies, including the Minnesota Department of Health. ORDINANCE NO. 2016-12 Section 23-2409. LEVEL II TRANSIENT ACCOMMOTION.. A LyJItrafljt accommodation is required to meet the following special requirements, desi ned to deter crime in order to be eligible for a transient accommodation license, and sball comply ===with an conditions the City Council may yipose on the A.Obtain and a record of all guests renting the lodging unit. B.Submit a management plan to the city detailing steps the establishment intends take to reduce criminal actiyjy. C. Consult with the police department to obtain inspeètion services and advi regarding crime prevention as may be needed to address the types nils service made to the transient accommodation proptiy. P. Consult with the police department to keep, apprised of p oli c eivitqccUfl1g on the transient accommodationpropeY E.Install and operate a surveillance camera, with a recorder, jn the iobb times. F.Undergo a police department crime prevention assessment of the Jransient accommodation property. Section 23-2410. LEVEL III TRANSIENT ACCOMMODATIONS. Level III accommodations are required to, meet the following special requirements, designed to deter crime, to be eligible for a transient accommodation license, and shall with the Cily Council may impose on the license. A.•, Conform to the special requirements set forth in Sections 23-2409_fQLaIe3LU transient accommodation B.,,Conduct background checks on all gmers, managers,3 of the transient accommodations. C. semi-annual employee training sessions assisted by the polldearte P. Provide 24-hour front desk personnel. B. Enforce the following guest rules: 1 . units cannot be rented for less than a six-houririd 2. , Prohibit guests from producing loud, noises that unreasonably disturb tranquility of the othpr, guests or those adjacent to the transient accommodation property; and ORDINANCE NO. 2016-12 3. Alcohol may not be consumed in common areas except for designated banquet or reception rooms or areas. F.Issue parking passes to all vehicles allowed to park on the transient accommodation property with each pass marked with an issue date and expiration date. G.Remove all graffiti and repair all vandalism within seven (7) days of occurrence. H.Install lighting in all common areas with minimum maintained lighting of 1.5 foot-candles at around level. I.Install and operate video monitoring equipment in all parking lots on the transient accommodation property that are monitored and recorded at the front desk at all times. J.Have a licensed, aimed, and uniformed security guard on the premises every day from 6:00 p.m. until 6:00 a.m. K.Submit to scheduled semi-annual audits by the City to verify compliance with the above-referenced requirements. Section 23-2411. BACKGROUND CHECKS. A. To the extent a transient accommodation is required by this Section to conduct background checks on its owners manaaers, and employees, such background checks must comply with and include the followipgj 1.A Minnesota statewide criminal history check covering at least the last three years, which must be conducted by a company providing criminal history check services utilizing the most recent update of the Minnesota criminal history files; 2.A statewide criminal history check from the person's previous states of residence covermnn the last three years if the person has not resided in Minnesota for at least the three years preceding the history check: and 3. A criminal history check conducted in all seven counties in the Twin Cities metropolitan area (the 'counties of Anoka, Carver, Dakota. Hennepin, Ramsey. Scott, and Washington) covering at least the last three years, including all misdemeanor, gross misdemeanor, and felony convictions. B. The transient accommodation shall retain the criminal history check information for the duration of the person's employment, but in no case less than two years, ORDINANCE NO. 2016-12 and shall make the information available for inspection upon uestb the CIt Manager or the City Manager's designee. Section 23-2412, REVOCATION AND SUSPENSION OF LICENSE. Ajtansieflt accommodation license may be revoked, suspended, or not renewed by the CA recommendation of the City Manager, in accordance with this S ect i o n. A. The City Cguncil may revoke, suspend,, or not renew a, transient ac co mm od ation l icense upon any of the following grounds 1.A false statement misrepresentation or fraudulent statem ent an application or other infoatjon or report required by thes e 2400 through 23-2414; 2.Failure to pay the application fee, fine, penalty, reinstatement fee, special assessment, real estate taxes,, or other financial claim due to th e :jty und thi&Co 3.Failure to comply with any of the special ,requireme nt s imp os ed a Sections 23-2400 through—D--2414 applicable to the paicuiicen ieiei 4.Failure to comply with any of the conditions placed on the l icense yth e City Council- 5.Failure to implement the management plan, if one is r e ggired , for the transient, accommodation; 6.Failure to continuously — comply with any zoning, h e alth , b nuisance, or other City Ccdes, including failing to conpiithp corrective orders issued within the time specified in thrdr 7. Failure to obtain or maintain any licenses required for the transient accommodation;o . Failure to comply with any other applicable, federal, state, or lo c al law rule, regulation, or ordinance B. A decision to revoke suspend, or not renew a transient accommodation license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee, will be given pnpthg1to request a hearing before the City Council before final action is taken torevoke, suspend, or not renew the license. An applicant or licensee waives ixiht to a bearing if it fails to submit a written request for a hearing to 10 days of the issuance of the written notice , If ,a timely request earins received, the çityounci shall conduct a hearing at the next re-gulngly scheduled ORDINANCE NO. 2016-12 City Council meeting and provide the applicant or licensee an opportunity to be heard. C. The written decision to revoke, suspend, or not renew a transient accommodation license shall identify the specific grounds for the decision. Upon issuance of the------ -------------..- .-'."., accommodation licenses is issued. Section 23-2413. REAPPLICATION AFTER LICENSE ACTION. Reapplication for a transient accommodations license after the City Council has revoked, suspended., or not renewed a license shall be in accordance with this Section. . A.A transient, accommodation license may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with these Sections 23-2400 through 23-2414 and any conditions imposed by the City Council at the time of suspension. B.A transient accommodation license revoked or not renewed by the City Council will not be reinstated or issued until the owner has applied for and secured anew transient accommodation license and complied with all conditions imposed at the time of revocation or nonrenewal. The City Council may impose a period following the revocation or nonrenewal of the owner's previous license during which a new transient accommodation license may not be submitted. A decision not to renew a transient accommodation license may take the form of a suspension or revocation. C.An application for a new transient accommodation license following the revocation, suspension, or nonrenewal of the license must be accompanied by. reinstatement fee, as specified by City Council resolution, in addition to all other application and related fees. D.The conditions of approval of any subsequent application for a license to operate a transient accommodation on the same property following a period of revocation or denial of renewal of a transient accommodation license shall be based upon the transient accommodation property's history of annual calls for service prior to the revocation or non-renewal. E. No subsequent application for ,a transient accommodation license on the same prperty following a period of revocation or nonrenewal shall be approved unless the applicant presents a corrective action plan that is approved by the City to,hip ensure the conditions and causes of the prior revocation or nonrenewal are appropriately addressed. Implementation of, and compliance with, the corrective action plan shall be a condition of the license. Section 23-2414. 'VIOLATIONS. ORDINANCE NO. 2016-12 A.Any person, firm, or corporation who violates any provision of this Sectio n-i s, conviction, guilty of a misdemeanor. The penalty that may be imposed for a misdemeanor is a sentence of not more than 90 days or a fine of not more than $1,000, or both. Each day upon which a violation of -these Sections 23-2400 through 23-2414 occurs constitutes a separate _offense. B.Nothing in this Section shall be construed as a waiver of any applicable state license requirements or from compliance with any applicable civil and criminal laws. Section 3. Initial Licenses. Persons, firms, and corporations currently operating a transient accommodation within the City of Brooklyn Center shall obtain a transient accommodation license from the City within 45 days from the effective date of this ordinance. The level of transient accommodation license will be calculated based on the annual calls for service from the previous year. Licenses for subsequent years must be obtained in accordance with the timelines established in this ordinance. The City will charge a reduced license fee for the initial licenses based on the number of months remaining in the licensing period. Section 4. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 28th day of November 2016. Mayor ATTEST: lvmo Kn4Z"L City Clerk Date of Publication: December 8 2016 Effective Date: January 7, 2016 (Strikeout indicates matter to be deleted, double underline indicates new matter.) Twi.á1ViriiriI11ii ii No, ?b [[i1IJ(iJI N Mh'A LU aIhYA (I) IlSJk'A I DATE: March 13, 2017 TO: Curt Boganey, City Man FROM: Jesse Anderson, Deputy Director of Building and Community Standards/BRA Specialist ep^u SUBJECT: Public Hearings on Proposed Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs Recommendation: It is recommended that the City Council conduct the Public Bearings and consider approval of the attached resolutions certifying special assessments for Diseased Tree Removal Costs and Weed Removal Costs. Background: Two Public Bearings are scheduled for March 13, 2017 to consider certification of proposed special assessments. The City Council called for a March 13, 2017 Public Hearing at its February 13, 2017 meeting. All potentially affected property owners have been notified by certified mail of the date of the Public Bearing and the amount of the proposed special assessments. As of March 6, 2017, no formal appeals have been made to City staff since the February 8, 2017 Council meeting. The following is a brief summary of the minimum process involved in City-facilitated abatements. • A written Compliance Notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. • A follow up inspection is conducted to verify compliance. • If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. In certain cases, the property owner may provide written agreement to a City-facilitated abatement. • The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc. • The direct costs of the abatement are recorded as pending special assessments and this information is available to the public. When a property is sold, agencies or parties often conduct property searches to determine the pending and levied special assessment amounts. Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. ,1ission: Ensuring an attractive, clean, safe community that enhances the quill!!)' of life andpreserves the public trust [iII1SJ[iJIU N *'A Recommended Council Procedure Staff recommends that the City Council conduct the hearings concurrently. The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council consideration upon closing of the Public Hearings. If any additional property owner files an appeal with the City Clerk prior to the Public Hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is filed within district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options available to-Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1.Pay the entire amount of the special assessment, without interest, between March 14, 2017 and April 12, 2017. 2.After April 12, 2017 through November 22, 2017, the property owner may pay the total special assessment plus accumulated interest (3.5 percent) through the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2018. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 3.5 percent is accrued on the unpaid balance. Diseased Tree Removal Costs Five Year Weed Removal Costs One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Budget Issues: !fission: Ensuring an attractive, clean, safe co,nnlunhij' that enhances the qualltv of life and preserves the public trust ii[I1II[iJ I U U M'A Uh'A I DI"4 0] 1I flhJ'A I The levy roll for diseased tree removal costs totals $18,269.00. The levy roll for weed removal costs totals $17,305.00. However, the list will be updated as appropriate for the Council Meeting reflecting payments made by March 13, 2017, Attachment: Resolutions- Diseased Tree Removal Weed Removal List of Levied Properties- The list will be updated for the Council Meeting based on payments made by March 13, 2017. Strategic Priorities: e Resident Economic Stability ifission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2016 under the authority of Minnesota Statutes, Section 18G.13, City Ordinance Section 20-301 through 20-306 and/or by written agreement with the owners of such property; and WHEREAS, on March 13, 2017, certain tree removal costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts during 2016, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where tree removal costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent tree removal costs to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of tree removal costs incurred during the year 2016 is hereby adopted and certified as Levy No. 19597. 2.The special assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at 3.5 percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2018, and shall bear interest on the entire assessment from April 12, 2017 through December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City, without interest, if the entire assessment is paid on or before April 12, 2017. After April 12, 2017, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 14, RESOLUTION NO. 2017 through the date of payment. Such payment must be made by the close of business November 22, 2017 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereon said resolution was declared duly passed and adopted. Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authority of Minnesota Statutes Section 18.78 and City Ordinance Section 19-1601 through 19-1604; and WHEREAS, on March 13, 2017, certain weed destruction accounts for removal of said weeds and tall grass costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2016, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where unpaid weed destruction account costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of unpaid weed destruction accounts incurred during the year 2016 is hereby adopted and certified as Levy No. 19598. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2018, in one annual installment with interest thereon at 3.5 percent per annum and shall bear interest on the entire assessment from April 12, 2017 through December 31, 2018. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before April 12, 2017, After April 12, 2017, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 12, 2017 through the date of payment. Such payment must be made by the close of business November 22, 2017 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Trees) 2016 Tree Removal Tree Removal Printed March 07, 2017 Municipal Code No- 22 Levy Runs Five Years Capital Special Pending Interest Assessment Amount Lew No.PropertvAddtes PropertID Amount Charge Charge Certified 19597 6018 AidtichAveN 01-118--21-21-0074 300.00 30.00 30.00 360.00 19597 5712 GirardAveN 01-118-21-23-0016 325.00 30.00 30.00 385.00 19597 5800 DupontAveN 01-118-21-24-0025 800.00 30.00 30.00 860.00 19597 816 57thAveN 01-118-21-24-0055 585.00 30.00 30.00 645.00 19597 5650DupontAveN 01-118-21-31-0015 3850.00 30.00 30.00 3,910.00 19597 5631 Hillsview Rd 02-118-21-31-0002 450.00 30.00 30.00 510.00 19597 5813 Halifax Ave N 03-118-21-24-0102 350.00 30.00 30.00 410.00 19597 7241 Fremont Ave N 25-119-21-32-0011 1,000.00 30.00 30.00 1,060.00 19597 7215 Fremont Ave N 25-119-21-32-0014 3,250.00 30.00 30.00 3,310.00 19597 4001 7lstAveN 27-119-21-34-0023 2,650.00 30.00 30.00 2,710.00 19597 6407 Marlin Dr 34-119-21-31-0072 745.00 30.00 30.00 805.00 19597 6218 MajorAveN 34-119-21-33-0060 2,650.00 30.00 30.00 2,710.00 19597 6820 Shingle Creek Pkwy 35-119-21-12-0002,250.00 30.00 30.00 310.00 19597 6120 Lilac Dr 35-119-21-33-0014 224.00 30.00 30.00 284.00 Total.18,269.00 Arndid Special As sessm-mt Cetñed RiU (a1)d) 2016 Weed Deurdia Weed Deimctioa ThEted March 07, 21M7 MimIci1 Co Ne. 22 Levy Runs On-3 Year Ctta!ptiI Amagat LICVT Prop t rrvAidms PrvjrtID ClarLe CtL2 3TE Ciifrd IURS Fj 16 Cam &m Aa- Of O]-ll-2-243S ING.Go MOO 30.!1 20.00 19193 6137 C1fxArN 0]-31-2I-2I-'1]5362 ]D.€ 30:fl ISIMIS 9r2 -rnta1r 3D.O 3Ifl 10913 634Grd_4rN -fl-2]-24?1 100.00 10.00 30 5736 FrntA'iN MOO 3';tD 2L25 1S 5z? !rAiN ]D.C4 3.DJ 14AM 3671A2.N ID.Co 300fl 1j1.75 4J±ictzAiN 02-ll-2i-+-OJfl 31S.75 ULGO 30.tKi 375 1959S ]42 itAN O3-3i-2]-3C5 9 100.0 1 D.GO 30.0 140.1 19193 141 Duponi (I1-31-2]-334D?6 240.0 30.00 3.DD 19599 535 crcArN )O16.25 I D.Co 3O.tM 1,C5.25 33 41N 03-31-23-33134 100.0 D.I)30:00 14 15 432 Dupc1AtN 1.2 )D.CO 30.E0 31:2 lug's 5634 C=dzm -11-2I42-032 100.00 ]D.C€30.1m 14,rJA 5-44146 tN 31.25 10.00 3000 77L2 72iAN 2-11-2]-I4-0]0 1DCQO ID.Co 30.0 140 912A1sN 251.25 1 D.Co 30 2125 14iAN 10. CO 30.E3 140.0KI IRISS 2306 EdanDr (-31-2]42-CI]U1 351.2 ID.O 3.ftD 3ii5 lugs 307 Arro (-31-2]41-33 1I3C'.0 D.c€30A 140AO ISMS 32P inaAN 731.30-03 771.25 333 IaAN r2-fl-2i--9 MOM 10.00 3o.oD 140.0 1W8 $733H1aaN 03-18-23-2445 MOM 3D.C)30.09 14A3 Z'i 6 JuA'N O3-)i-2)-24]]3 1UC 10.0 30:0 140.00 BIBS 7XW OEAN 2&-119-2143-S?51175 ID.Co 300 73311ñiin,.N 273192131OOS 1 D.Co 30;03 lugs 7]12in Arg N 27-2ii-32-030 480.00 ID.Co 30 520JX1 727 PwLDrW 27-ll-2]-44U 5 491-25 10. CIO 30.00 31-25 6SO 6 PN 33)i-2]-ll-C3 5 I0112 30.00 1,62 1959S 6340 Quil4N 33-319-2)4]-00 40.00 ID.Co 30.00 20.00 6407 thdiE 31-119-21-33-O072 IDMO 30.00 1,&40.00 6+1 1-AN 31-3121-32'0D$2.00 ID.Co 30.0 32500 15 627 joAN 31-23-33465 273.75 30.0 30:00 31175 lUn 3xjfi Tamt La 34-II9-2l-3-O013 100.00 10.00 30.00 10913,3333 Tanut La 34-319-21-34-032 240.00 19.00 30.00 2a0.00 1i9S 6.325 Ai'.N ]19-2]0034 273.75 )0.00 30:00 31175 1511918 32)9 62n.dA1- N 34-1-21--4443 513.75 1 0CC 30.00 33175 199 601B&1uDi 55-319-21-34DD 2&25 10.00 30.00 336.25 IRM 206 6AN 190. 1 -11-00 13 100.00 10.00 30.00 lugs 6309 9&lyi.E7 319-23-32-)095 100.00 10.00 30.00 1401)0 l95 fl1 6?thAN 36-119-2]-24-OO1S 100.00 39.00 30.{)0 140.00 lugs $339 ColftxArøl{36-119-21-33401?22i0 10.00 301)0 302.59 199 6314 CfrAcN 36-319-21-334013 100.00 10.00 30.09 140.1)0 191,91S 6320 Mac 36-319-21-534014 491.25 10.00 30:00 31:25 Amended SpecialAssesumimt Cerified Roll (Ciass/Weds) 201 Weed D ucfioit Weed DeucIion Pftiited March 07, 2017 MuiiidiI Ceda No- 22 Levy Ona Year Cxpi STWd3d Tal Peaaie InDTt Amit prrvAEIdr Pnprtm Auant Cb s rEv ChATEC Cr igi 633n Cam di'N 36-319-2142-420 100.0 30.00 30G 10UO To1 1?D5.0 Special Assessment Public Hearings Diseased Tree and Long Grass/Weed Nuisance Abatement Costs City of Brooklyn Center Presented by: City Council Meeting Jesse Anderson, Deputy Director of Building March 13, 2017 and Community Standards Overview Special Assessment Background • Summary of Process for Each Service Type • Diseased Tree Removal Costs o Weed (Noxious and Long Grass) Public Nuisance Abatements o Public Hearing Process • Q & A • City Council Meeting03/13/20172 Special Assessment Background Minnesota State law allows cities to recover • costs of certain types of services through special assessment to the property City incurs costs associated with these public • service programs and activities. If unpaid, these costs may be specially assessed to the property. Public Hearing required • City Council Meeting03/13/20173 Special Assessment Background cont… Pending special assessments made available • to public, including Title Companies, when a property sale takes place Buyer responsible for negotiating any outstanding fees o with previous owner. New owner may contact the realtor and/or Title • Company to see if there was error with Title Company search or with the payment. Very few cases in which timing an issue City Council Meeting03/13/20174 Special Assessment Background cont… Property owners of record notified of Public • Hearing for special assessments, meeting legal notification requirements. In certain cases, such as the Diseased Tree • Program, owners may authorize City to remove tree and request special assessment. Allows residents alternative payment option for tree o removal Program helps ensure a health urban forest, part of the o Tree City USA Standards City Council Meeting03/13/20175 Special Assessment Background cont… Two Public Hearings being held specific to this • Council Item Diseased Tree Removal Costs o Weed (Noxious and Long Grass) Public Nuisance o Abatements As of today • Revised proposed levy rolls provided to City Council o Reflects payments made and adjustments based on o any previous communication with staff City Council Meeting03/13/20176 Public Nuisance Notification Procedures Legal processes followed • Compliance Notice mailed regarding violations • and abatement To owner of record-homeowner, bank, attorney, etc. 1) 2) In addition, routinely posted at vacant property City facilitates abatements (removal of violations) • Where owners do not comply, or o Where owners agree to have the abatement performed by the o City The direct costs of abatement plus administrative • charges apply Repeat long grass/weed violators also subject to • reinspection fees after initial violation within season City Council Meeting03/13/20177 Recommended Procedure for Public Hearings Appellants state basis for their appeal at front • podium during Public Hearing Council may remove any appeal reasonable • from proposed levy roll and adopt remaining proposed assessments Appellants provide contact information to staff • Public Hearing continued for those properties • Staff will review and provide report for appeals • at upcoming City Council Meeting for review by City Council Tentative March 27, 2017 City Council Meeting (next meeting) o depending on number of appeals City Council Meeting03/13/20178 Guidelines for Appellants People wishing to appeal should: • 1.Use the center podium in front of Council 2.State their full name and their current address 3.Provide the address of the property with the pending special assessment (if different) 4.State the reason they think they should not have to pay the pending assessment costs 5.Then appellants should provide contact information on the signup sheet City Council Meeting03/13/20179 Questions? Thank you City Council Meeting03/13/201710 City Coitindi Agenda Item No. 8c EI1IJJ I U I MV'4 l I I (I] 1'WI USJLAi DATE: March 8, 2017 TO: Curt Boganey, City ManagØ FROM: Tim Gannon, Chief of Police SUBJECT: Public Hearing - Implementation of a Body Worn Camera Program Recommendation: It is recommended that the City Council open the Public Hearing, take public input, and then close the Public Hearing. No further action by the City Council is required. Background: In 2016, the State Legislature enacted provisions regarding the implementation and usage of Body Worn Camera (BWC) systems by police agencies within the State of Minnesota. One the provisions mandated by the legislature was to have a public hearing before either a City Council or Board Meeting with budget oversight prior to implementation of any new BWC programs. Since 2007, the Brooklyn Center Police Department has used squad mounted cameras augmented by recording microphones carried by its uniformed officers. In 2017, the Department upgraded that existing system, which can be integrated with individually worn body cameras for all of the department's unformed officers. The department would now like to purchase BWCs to work with the existing squad mounted camera systems. Since the summer of 2016, the police department has been soliciting input and feedback from citizens regarding a BWC Program. This had been conducted on the department's Facebook page as well as at community meetings, Multi-Cultural Advisory Committee (MAC) meetings, and neighborhood area meetings. The department is now requesting a public hearing in front of the City Council to demonstrate the functionality and usage of the proposed new BWC system. After that presentation the department will hear public comment and answer any questions about the BWC Program. The Public Hearing is scheduled for March 13, 2017. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on February 23, 2017. 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 OF PUBLIC HEARING BODY WORN CAMERA PROGRAM Please join us at a Public Hearing on Monday, March 13, 2017 at 7:00 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The Public Hearing is about the Brooklyn Center Police Department's development and implementation of its new Body Worn Camera (BWC) Program. In 2016, the State Legislature enacted provisions regarding the implementation and usage of Body Worn Camera (BWC) systems by police agencies within the State of Minnesota. One the provisions mandated by the legislature was to have a public hearing before either a City Council or Board Meeting with budget oversight prior to implementation of any new BWC programs. Since the summer of 2016, the police department has been soliciting input and feedback from citizens regarding a BWC Program. This had been conducted on the department's Facebook page as well as at community meetings, Multi-Cultural Advisory Committee (MAC) meetings, and neighborhood area meetings. The department is now requesting a public hearing in front of the City Council to demonstrate the functionality and usage of the proposed new BWC system. After that presentation the department will hear public comments and answer questions about the BWC Program. 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. Published in the Brooklyn Center Sun Post February 23, 2017 MOBILE VIDEO RECORDING March 2017 2014 ANNUAL REPORT Panasonic Mobile Video Recording POLICE DEPARTMENT March 2017 Panasonic Mobile Video Recording IN-CAR COMPONENTS 360 Main CameraWireless Mic(s) In-Car Software Video Processing Unit Solid State DriveSecondary Accessories Cameras March 2017 Panasonic Mobile Video Recording ARBITRATOR HD 360 4Generation of system th • Co-developed and continuously improved with feedback from law • enforcement community 5,000 agencies and over 35,000 systems deployed • Maximum uptime with < 1% failure rates • Software enhancements and firmware updates disseminated • through BES and In-car Systems and BWCs update when in range of network Battery back-up • March 2017 Panasonic Mobile Video Recording CAPTURE Industry’s best HD 1080p camera and leading 30X optical zoom and • 360X digital zoom capability 65 Degree front camera view • Capture every angle -5 cameras simultaneously –Future will also • fully support BWC as 6th camera and BWC POV 7camera th Incident and continuous background recording • New night eye feature allows for viewing in the lowest light • environments 16 ways to trigger recordings • Pre-record to up to 90 seconds • Secure SSD up to 512GB of Storage • March 2017 Panasonic Mobile Video Recording IN CAR WORK FLOW Officer logs into system as they starts their shift. • Officer can manually activate recording or triggers will activate • recording. Metadata is tied to each recording. • Once recording has stopped officer classifies video based on pre • determined classification codes established by your policies. Retention rates also pre-determined for each classification. Officer can view recording, bookmark, and notate video accordingly. • Video wirelessly offloads video when squad is in range of network • access point. Alternatively offloads can be done via Ethernet cable, or by • authorized administrator removing secured SSD from VPU and putting in reader. March 2017 Panasonic Mobile Video Recording FRONT END SOFTWARE Simple Operation • Main viewing of up to 5 cameras • Full front end camera controls –zoom, exposure, snap shot • Record and stop • Speed and GPS info • Pre-set trigger info • Bookmark and classification • Option to associate BWC Video to In Car Video • Achieve feature for playback, upload, and export • Tamperproof with erasure prevention • March 2017 Panasonic Mobile Video Recording SAFESERV™ EVIDENCE MANAGEMENT SOFTWARE Complete System Management & Administration Uploads, storage, and retention • Access control and user security • System configuration and remote updates • Entire application suite with multiple components Evidence storage server • Back-end administrator • Streaming server • Back-end client • Integration with network storage and Windows Active Directory • Flexible search and reporting • Evidence management and exports to standard formats • March 2017 Panasonic Mobile Video Recording METADATA ASSOCIATED WITH VIDEO GPS Information LAT/LON • Vehicle speed data • Radar information (Patrol unit and target unit) • Officer information (Accommodates 2 Officer ID’s) • Shift information (Vehicle ID, Shift, Unit, Agency) • Trigger information • March 2017 Panasonic Mobile Video Recording PUBLIC TRUST CONTROLS AND CHAIN OF EVIDENCE PRESERVATION Arbitrator Hashing Function FBI Laboratory Best Practices for maintaining and preserving audio/video • integrity an authentication Arbitrator Digital Signature Process File source can be attributed to individual • Acceptable by FBI when used in conjunction with Hashing • Erasure Prevention & Redacting Complies with IACP Performance Specification 5.2 Erasure Protection to • ensure users can not erase, alter or record over previous recorded video Provide administrators ability to convert video with SafeServ™ to industry • standard formats, while maintaining encryption and original video evidence, and export copies in standard formats for playback. March 2017 Panasonic Mobile Video Recording PUBLIC TRUST CONTROLS AND CHAIN OF EVIDENCE PRESERVATION Multi-level Rules & Permissions Administrator can establish customizable rules and permission rights for • users and groups Password updates/changes consistent CJIS Security Standards • Audit Logging Tracking of operations by user and system • What event took place, by whom and when. • Any combination of user, file or function • March 2017 Panasonic Mobile Video Recording March 2017 Panasonic Mobile Video Recording VIDEO EXAMPLE https://www.youtube.com/watch?v=Rp3xZI9s7B0 March 2017 Panasonic Mobile Video Recording MK2 BWC SPECIFICATIONS Single lightweight design with multiple mounting options. • 130 degree lens –720p HD • 6 resolution settings • 4.6 ounces • Rugged 4’ drop rated, Waterproof IP-54 • Panasonic Proprietary built in storage 32GB • Built in GPS • Built in Wi-Fi • Automatic “ON” feature • Capable of pre & post event recording • All Functions administratively controlled • Complete logging, metadata and chain of custody. • For use in “shared” or “owned” agency scenarios • March 2017 Panasonic Mobile Video Recording MK2 BWC DESIGN Configurable Mute Function 130Wide ° Camera M-HDMI Input Angle for Second Large Easy Camera Option to use Rec On/Off Available 2POV nd Status Screen Camera Snapshot Wireless engaged and to what • 1.49"x0.89"x0.89" Feature Audio muted or unmuted • 1.58oz Recording Initiated • Battery life 130Wide Camera • ° Storage capacity • Angle March 2017 Panasonic Mobile Video Recording BWC BATTERY LIFE AND CHARGING OPTIONS 12-16 Hours of record time at 720p with pre-record • 72 Hours without pre-record • 20 Hours of stand by mode • Mini USB 2.0 -Charging and Offloading when connected to computer • Magnetic Breakaway • 10 Bay Charger –Charging and Offloading when connected to computer • 3-Hour recharge time • March 2017 Panasonic Mobile Video Recording BWC COMMUNICATION WITH ARBITRATOR HD 360 PHASE 2 Search/Play back by BEC/AVV Video upload Create media for court (1)USB (2)Wi-Fi LAN LAN Wi-Fi DB Wi-Fi to VPU requires AP BES 2 nd Wireless Module BEA USB AP Outside of car/Walk BEC PD Wi-FiWi-Fi USB FE -Triggers activate BWC -BWC Triggers Arbitrator BEA = Back End Administrator PC BEC = Back End Client -Record simultaneously FE = Front End(Application) (Capture video at both BWC Check video. and VPU) Add meta data Police Vehicle March 2017 Panasonic Mobile Video Recording ARBITRATOR STORAGE FLEXIBILITY VERSATILITY Classification > Retention > Storage Owned, Hybrid, On-Premises Cloud, Off-Premises • Cloud Accommodate Change • You are not forced to use ‘Cloud Storage’. Panasonic’s preferred cloud storage –Microsoft Azure. March 2017 Panasonic Mobile Video Recording POLICY CONSIDERATIONS Who has them? • When to start and when to stop? • Who has access to video? • How long is it retained? • Relevant State Statutes • March 2017 Panasonic Mobile Video Recording MOBILE VIDEO RECORDERS 423 March 2017 Panasonic Mobile Video Recording QUESTIONS? Panasonic Mobile Video Recording Agend aiIte m N o . ^Oa Oty Crn©il Agenda- I[thrn N©0 1®ii #1J I1i1IJ[iJ I fl I MA Uh'A I DI'4 (0) 11I UIJk'A I DATE: March 13, 2017 TO: Curt Boganey, City M FROM: Sharon Knutson, City Clerk SUBJECT: Type IV -Month Provisional Rental License for 6501 Brooklyn Dr 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 6501 Brooklyn Dr. 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 thirteen (13) 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: 08-19-2016 The Owner, ADS, LLC, applied for an initial rental dwelling license for 6501 Brooklyn Dr, a single family property. 09-08-2016 An initial rental license inspection was not conducted; no access was provided at time of inspection. 10-06-2016 A $300 Administrative Citation was issued for renting without a license. 12-19-2016 A second inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 01-17-2017 A third inspection was conducted and rental license passed. 4Jission: Ensuring an attractive, clean, stili, inclusive conunundy that enhances the quality of 1IJ for all people and preserves the public trust [O1IJ[J I U I N ø U'A I k' (0) 1I I1IJh'A1 02-08-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-21-20 17 A Mitigation Plan was submitted. 03-03-2017 The Mitigation Plan was finalized. 03-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 13, 2017. 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 ?vlisvioii. Ensuring an attractive, clean, safe, inclusive coinnwiuly that enhances the quality of life for all people and preserves the public trust [i[I1U[SJIfl and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring tra attractive, clean, suje, inclusive community that enhances the quality of life for all people and preserves the public trust I1IJ[SJ IU II*'1 L' I k'A (I) It1II lJ 05 I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. 4iLciois: Ensuring on attractive, clean, SqIe, inclusive conunuinty that eiiliiiiiçes the quality of lije for all people and preserves the public trust [i[I1SJ[SJ I Ui MTA S 'A I Mk4 0) 1IIi1iJi Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than Q.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 !Jissioii: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of/ste for all people and preserves the public (lust I 15 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe. inclusive COflltflWiity that enhances the (fEUditj' of life for al/people and preserves the public (rust - DUTUMNO AND COMMIN1Ty STDMms ROOKI7W ht1t Plan Type IV Uce"soCENTER fith.'flite, Mit geflthi PIns will not be .a=apted. A frllabfe ,F6rM can be found on the City'swebite t or OR (7 138),%9-3336 to have an electronl copy snt toyou via email, Based on property, coridtioiis arid!r d Jated pioe nuisance 1nc1deni, tbe-abave refereed property qualfies for a Type IV-6 Month Rental llceri&e P1or to application approval by the Clay Cocil a tuy oompleted Mi4ahon ?an must be completed and approved by City staff, A MitlaUon Plan mu be comprated Immediately in order to eneure timely compleioj at th licenseappIcatlari process T Mitigation Plan 5*' Indlite the steps being taken to correct ldentlIied voiatioris arid the measures- that Will be lakeri to ensjre ongoln campiancs wii City Orthnanc and ppticabFe codas ' A 14itig4tion Plan allow the owner nd the OiLy to review concerns .end icenttfy psibte solut1 o improve overall condloi of the property, If the Miia1tr Plan Is notitemsaubmitted. and all items re not completed within the pendiri l[cerise period, or the. above pmperty operates beyond the ioense olretioi- date, enforcement etions such .6s cith1oi, formal Oomplaint,or Ircone review may result, BetoFo submitfing, flltout Sections A. S. and C 16cat6d or paes 234end 5 pove 1A- - TpeN RiFi v 444 5 ytBkIyu c u11dix& id Cnttvuinhy lt thdi !aHrniit I I 1TY;7fl I BUILDING AND COMMUNITY STANDARDSXCtyf OKLYN uakt I 3E Rental License Mitigation PlanCENTERType IV License ctlon A—Crue Free HOCJSrn FTOJnIm Rukfl Phase I [ 1) Use a wrlttri loasig agreEment. the lease agree mont shall include the Crime Free Housing Lese Addendum. A copy of the lease arement and Cj-hiis Free llouEIn Lease Addendum must be attached to the Mitiatiori Plan when submitted. 2) Arae to pursue the termnBto1i or lease .agre'iert or eviction of tenants who violate the leims of Ihe lease or any athiendums fJ 3) Conduct criminal background check for all now prospc.1ive 1nants. If it is a current tenant a new background check Is not rquired Must be able to pmiide documentation to Cily if req uested 4)Attend a city approved eiili1-hour Crime Free l-Eou.slr'ig training muse Information 1r approved courses can be found at wwi.rnncps.net under the Tririi9 and Events tab, A copy of the Crime Free Housn Certificate must be attached to the Mitigat1oi Plan when submitted Crime Freme How,09 training was completed onfs schdule fr t /h Owner or agent altend8dhs planning to attend training at city o: 5)Submit Monthly Update by the le day of each month Phase 11 i) Comprete e Security Assessment and Implement improvements requested by the rookli Cntr P1Ie Department. To schedule an lnliiI or foUawup Security Assessment, call (73) 59-544, A follow-up ssrnatiL mUst be completed be1oe the license expiraticin date to verify the, security improvements have been 1rnplementd. If a Seourily Assessment has been preiously conipl1ed write the completion date / Security Assessment was completed iIis scheduled for.221 Security Assessment fellow'up was caenpleled onus schsdcitsd for: ...2I : /? 1 Continta Sections A, Phase III on page Type IV RiI& Lasa Mku FJ f? 4-4-5 City qj1djng 4xnit Community atttt I31men rnr3ry 3J1 5hIn CrEt Parkwy. BrioIi C€itsr. .4N 55l3D-215 I Phw 7) -33 I T1?: Ttl I F -3O 1) Owner or çoni will 8ttend it inininiurn 50% (2) of 1he A.ftM. meeing. The AR1t rneethg.s must be competed within the rental IIne perId nd before the pending Ty V Licmi.e exiatration date, Rostretion Is not rquired h(xwavr you must sgr-in during the meeting. Wrlle two rneeing dates an owner or agent plan to attend. LL O'nor or agent will attend ARM, rneeins schedulod on: ii and -R 2) Hive no repeat coda violations pro VIOU5IY documented with the past year. The fbliowingacfloti$ are required for proerties with fou r(4)ôrmerc units. J 1) Conduct resident (rainin,9 arinuoiy that 6cludos crime provn1w.n tethrques.0 2) Conduct reuiir resident meing. P.rji Svc T} WR&AW Lfrwsq fl uv. 41445 City of liyn t itdin and Co ydad Dp1mott rknrior001 6rkIyi CcntMN 5-1!J I M!711 J 7j BUILDING AN'D COMMUNITY STANDARDS Czty f )oHy 1rBROOtLYN ükL,i CONN iN Renta License Mtigation Pb Type IV License Sctns B—Long Thrrn CapIaIInprvemetflP!rn 3asrJ tn condition and age, estimated raptacerrient dates need to be prvlUed for common pitai items. Funding should be considered accordingry [terns that are broken, worn, or otherAlse, in tolbon prior to the estimated repiarnnt date need to be replaced sooner. NI Itomes. must have a date for Es(mate Repiacornon! Data, Dateswch ss unsur& dot know", or when W nt be accepted. If you are unsute of when an item will need to be replaced, you cer make a prediction based on the age, Appearance, condition, or nwacture/indutry commendtions, Additional information on Expected Useful Lifo cart be sound at www.hiid.gov. Item Date Last Replaced Condition"Expected Replaciiient Date Exiripk Water heater May 2010 F MC)' 2020 A-Aq 2018 WaterReater jun20l j KltrhenAppliances LaurtUryAppliancs Smoke AIrmns/ Carbon Monoxide Alarms N ,j Exterior Itoma PainUSIdIng IIII).' 2016 PElifli N El ! Windows Juiy2OlO J JJ Roof 2013 F Shed WA F R July2020 Gasage 4A Driveway NA f._E1 July 2020 Sidewalks Other. *C o ndftn Abbryltbrs: cjud=G FarF NPva,, RDpImEnR papq TtVRLLiCe9 Yt5O 4-1445 City .of BrIdp Crntex--Zaildiiigand C y1a1i&abepkrhnent 6201 'i3ngo Cric pr4'w', brLtDP jirCnter,PIN5E430-219 1 F TTY: 711 1 Fix 17 0 3)5&36U City cif erooklyn Dr.. tJlJDINC AND COMMJNITY STANDARDS ROOKLYN rnuIlpGn1orMU 13 P Rental License Mitigation Plan Type IV License Seclions C—Steps to MOD Mngrncn ai Con ditlens Proper1y The items in this sccloii ive been proven lo assistv1Ih property management and property Image. The torrowing ackininsare requfred LVJ 1) Check-1 with (nnth every 30-days. JVJ 2) Drive by property to chock for possible code violation. 3)Evict trints in violation of the iease or any sddendums. 4)Remain ctwent on all utitiLy rees, taxes a$es5rnerits, fin, peralties, and other financial clalm/pyrnents duc to the City.U 5) Other.: ____________________ The fQllowfng adionsiare optional il required by the C1ty. LII i) Provide Iawnisnaw seMoe,U 2) Provide gorbago service nsali security system. Lii 4) Provide maintenance service plan for appliances. i erne of sarvloa oorrfpany )Other If the Te lV- Month Rental License is approved by the Ci Cunil, the lr must comply With the approved Mitigation Plan and all applicable City Codas. A written report must be submitted by the 1OTh day oiead month with an update of actions being taken by the owner andor agent to comply with this Mlligetkn FJn. A copy of the Monthly Update can ba found on page 7. A fillablo, form can be louritl on the City's wahsille at vAwN,d1yof1itookIyncenLe.rqrq or call (763) 39-3330 to have an alecironic copy sent tO you via omall, Please altath additionaI lnfnTatQrI if Fe SW - 1 VROr1f4J VC011H nii Pi, 4J41 City Pf RvocklVitr—Euildl nsr ai'td Cfphudunfty Standardabepmrtmenj pen for, ft iJi 5PIr Greek Pr1ciy, flnpoUyn Cei1i-, M4 55430-2109 1 Phr: I?e31 -33U I TTY,-711 Far 7g-() ULi)Thc AND COIkThIUN1'flt STANPJLRD rCity Gr Id"JUlBROO1LYN (OJ Ijk -- Rental Lkcsu MLizLion P l anCENTERT^epa IV Lrccn kn nd VerLfy I vrfy ihi Ii inr omrial.i r5 ri provided is true. and ec'irtt Udt[and iht i f I do not Coniply with th e pprth?ed Mi t ig a tion PJn comply wit 91i i teni,.s i1hIn tho Iene perkic 1 or o perate bynd th Icn xpir1Ion claie, eriforc-nient ctiCn5 5ucl as iti1ioñ, fonmal ornplelnts or 11crtse rew may msult, /( Øì (17' (i/.:. 'Cwner orAgt Mn id 2 - QIr ir 4gri Si • A Akrnj iwAwitirwf ici T1 Ab, Frt'ij Cy Mdnar Omer or Ager.1IIr/p&)al M City raroriy ii/t1 PoXe 7 b—h— I ^ e("g—wim dardy ID oPi f Ymg.m I &iL p Dth, VJtLrmc' 1r&ki fl City of Rt'ct4y Coffli iid 4iMJ1 hjI .rwk Iwi rkIyi ønt, Mt1 4'J-i Fixme; fT) I flY: 71 I I Fix: 76I) Oty Crniill Agenda I{tm N©0 110ii #2 [I]JJ[J I fl k"4 L'A I '4 (ii 1I )1SJ 0 1 DATE: March 13, 2017 TO: Curt Boganey, City FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3901 Burquest La 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 3901 Burquest La. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on twelve (12) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 11-14-2016 The Owner, Edwin N gang, applied for renewal of the rental dwelling license for 3901 Burquest La, a single family dwelling. 12-06-2016 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 01-06-2017 A second rental inspection was conducted and passed. 01-17-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-17-2017 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 Mission: Ensuring an attractive, clean, sqfe, inclusive contifluuutj' that enhances the quality of life for all people and preserves the public trust I]JJ[J I U V IA L I M (I) 1I P1SJ I license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-31-2017 The previous rental license expired. 02-09-2017 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. 02-24-2017 A Mitigation Plan was submitted. 03-06-2017 The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held March 13, 2017. If approved, after six months, a new rental license is required. The license process will begin within three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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. 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 Mission: Ensuring on ttructive, clean, suf, inclusive continunity huh enhances the quality of lif for all people and preserves the public trust I1BJ[iJ I N I N M"4 U I IYA (I) 1II I1BJ I seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. JlJjçjJ,: Ensuring an attractive, clean, saft, inclusive comJfluifltv that ejijutiwes the quality of life for till people and preserves the public trust iEIS1IJ(iJ I fl I I DWi U I Mh'A [I) 1WI 1SJ I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In eases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality oJ1Je for all people rind preserves the public (rust [I]SJ[SJ I N N W4 Uh!4 I (I) 1I 1Ik1 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 PvJLt(,n: En-stir/Jig (Iit attractive, clean, safe, inclusive comiuuflit.V that enhances the quality of life for all people and preserves the public trust ii[I1SJ(iJ I fl U V kA U I Mk'A (I] 1I P1BJ I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean. safe, inclusive conz;nunhty that en/sauces the quality of 1ft for all people and preserves the public trust BUTLDING Ap CQMMtJNXTY STANDARDSCi A BRaorLyNAL CENTER or Lcci0 ititigiflii PJan TYPO rv Lket Ha n dwrjtti Miinim Pit wm tPct bfj acrfjpred A cart be ktrid on the Cityhii or' crill to hwe w ertrorjc ccpy sent toyoj via enit Property Address: 31 BLtRQUE;T L/NE NOR11I t]FOOKLyN CIN?E1 MU Dwni Ni( EDflI E)VvflJ N&3N( Owrr's Athjres 2 YDLMITE AVrNLJ SOurjtT LOU PARK, MN i;4 1E OflOr5 Phone; in Owner's Email: C.1irrent Epirair Ute Ltot Aent(); LEE BECILEy Ant Addies: b1 MA1YLANfl AVE JCRYS1AL, MN Gi23 Agent's Phone; m: 813 Agent' ErnI: Pending Expircon Date /Ircct U!rnI I on properly OOnthtioi 5 arldfor Vi1ithted porite nUince irciden, thebo'i rererener C un property quaflri for Type IV3Moih fenthJ License. Pr i or to Cppiicti0 eppwoI by the Citycit rutty cOnipIto Mitiqliori PJ mut be cornpled aW HFprcVC by City Slaff. AMitiatjn Ptii must b compIeu nmediLEIy ii order 11 erure timely iompktion of the vcansappkcülia pr'oce, The Mititio0 PIn houIcf indicate th 6lep beingakwi to corroct iderijifieuviolin rd the measure. Ut will be taken to eflSU(O onçoin0compliance wilh City Odinaiearid apprjcabhe codes. A Mtjgoioa Pen allovig the owner and thr •flily to review cncem irididBrtiry possible atitcrs to o1i Ii propOrty, If 1hr Mtiqijon PJan i BUtubniiltedand nil ilro. 1fL not mplee wLhirt Lila peridng icerc pCriO or the Chove propertyop.erate beyonii the li'ene axpiraliom dale, erFDrcernenj Ctofl:s 45uch as cJtition 1 Fmt niplaj0 Iicerie review FYty reuit. Before siibmjttIr riu-bw SctFot1E A, 18 1 and C Jated on p&s , 4 and. Pi M TWO ' Pj fl'C i ty affizaahlyn C Cojth Dopkrtrno athfr nC1L'.erl Glr1Ifc, HN L,54 1049 OD J t7:rt :li) 'r1Y, I t' CLytf B1JLDIN AND COMMUNITY SPA WDA1WU CENTER 1MTl LAW )R j Rantal Liconse Mrtigatn Iyj:w IV Liei Sections A—CrThie Free 1ôring Program Rrner [j ij ursa a wnucn 3<WcEmenl. The leaso aqi&erTlen haI include Vie Crinw, Free }{oijsmncj Lea se AcftEndJrn. A copy Of th Jewse agrearnent and Crillic. Free 1ouein Lcae Addondwi -i must tthdi to th $it tioi Piah when rnjted, 2) Agree to pursue, the tef ni ina H011 oi Ioae arcernen1 Or evic6an of tenants who violate the terms of the lease or any addend um, [3) conduct ;imi nal bai<qround check for all new Pllwpacve tenni, Ifitis.i9curraril tenant new birkqround check is not reqJi red . Must be ao to p,ovide documentation to Cit'J if requetd, [J '1) Attend a City pprave.d eihI-hoijr Gume Frco Hotiairiçj trning course. Information tci approved COUrses can be found at wvw.rnncpane1 under the A copy of the Crfrnu Free Housing Certfficate, inuetbe attached to the MitI8tioIPtati when stjbrnittenj, Crime Fr.oe Houjri irrining wa a corn pk ted Oriis schcdued for: / Dwne( Or agentttenJedI planning toaflend 1rainiici ,it Lily .Df: fIfl35/subrr Monthly Update by the le day of each month. PPae II Lu 1 Gcrnp]ate a Security Asssment arid iniptamenl irnprov nont rcqeskd by frookyn Centoi PoIko Depactrnont, To hecIufr an iniliffi or o)Iow-up SecNJrit Aeesmwif call (763W) 5&)-344. A fBow-up assossmont must 1342 eorpIetd kfore tho Jicne oxpiration date 10 Verify thE e'cun1y impravamenls have been irnplementod, ha S 1rdyA esriontlias been .prc?vioU&y crnpFaied. wriieth C)mfleLiOri date. Sourity Msessmentwa cc.plctorf onus 5CheiU hod fw /l2 wa omplekd onus sch&duled for. ¶' Continue Sections A, Phase Ill on pe 3, PAr " Hoffal Thiil I&I1I.h Rri., - CII. OfBrac,k,j yjj Cm1r—.iu tiig anti coTnmifltity 51adafd )ep1it&ror &iik PaIu&iy, Preakly It Cen0r, Mu 5-5 I Ftitr: ?G'l) 1 i:rn TT 711 1 Fu; (?63) -3J61 BULDINO AND COMMUNITY STANDARDSCity ol BROOHLYN ]3Ll blJr 'it T LANE NORTH 1BP.dKL CENTEi MN 5i2 Rema Licrtso Mitigton Pin Type lVLl, Stkins A—Crimo Fra6 l4ausilig Frcr2rn 1eqw'rrnnt (nth)IId) Phso fit [] 1) ower or aoeiil, will wend al n,immijrn 50% i2jf ihe A.RM, meetings. The ARM. meetings rLit be conipletod within the MWAI Ucre perkd an before tii perdlng Type JV Licenr nxpiratior ctht. not r€qui.reri, Iiowevr you must sign-in during thq rneetino. Write wonioettnq d1ean a4nrror agent plan o ttei)d. Dwnr orqentwjII11ord ii 2) Ha'e to rcp1 cede violatoriprevou' dOcurrented with [ho pt yea. Tho following a rtlons are rerd for propErtie Four (4) or moru units. 1) Condkirt Te5idnl Iraining annually that irw.iude5 crime prvenicn ecflriques. [7] 2) C(riduct rgu;r tosidonll rneetinqs. r1L I IIII iX"iL 1'I)JI ,LkV H. r,1 ; Cily of 1iiki1m Cn r'-BiJ Lctht id camrn w fl ly 1uIaF4j 6301 flr.In :oi,r pi 2iiJ 11hr: ?I) Trv 1 I BUILDINO AND COMMUNITY STANDARDSiy D ROOKLYN [BROOKLYN CENTER M ./79 Rental Liceno Mitigation PlanCCl - TypIVLicensa tions Lcurg Tem C ap ital Irnprrwein em Plan l3aoed On condition a nc1 age 1ed replacemnL need lo ba provided fof torn mQfl capita l i1em. Funding thc,ukl be cons ithi fed cnrdingly. 11orris that we b f okeri,worn, or othiit in violation prior to th u e s0ma.trid replcermini iiie need 10 be mplc.ed. sooner. All ilrna rnut he do for Fmacd f pXurnfD.-P. Dates Strch aa unur&, doift know", Or "when brokri" will not be accep ted If you tinure f when an item will rd to be Ieplatd, you cm roke.rj prdiction hed on the ago, pperance, condition, w nionufacur&induLry r00mmEndtioI1s. Additional irf ojrriat ion on •Epcled tJ&eful Life crart he found cit Irn Oatehat Replaced Cidlrk*Expectod Replacement bate Exmp)e: Vr He?er May 2010 F Mey 2020 Furnace APRIL 2012 APRIL 202? Wcilr He.jlcr Kitthrn Applince APR 0 /RIL2O2O. Lauiidiy Appliances 31AAY 2006 F Srk Alarrn Crben Moiiaxid-u Alarms JuNE 2015 3 JUNE 2018 JUNEO JLJN iUME 2021 RUO(JUNE M r JUNE 2021) Fence JUNE '20M F JUNE 2071) Shod JUNE eNk6l F jUrqr-- 2D20 Gar JUNE 2.122M JUNE 217140 Driveway JUNE I .1UNE 211.1f) Sdwalks N0 F jUNE 2041) Other; Condion Abbrvlatk' NcwN (vd=G FiF Nee i1iIcnr11f IjX: 1crA' I.ir:LI.MIlI Row Cily DI BroQkty, C ,-Building anij (itnun1ity t8arth Departmn )0I S I',irk,L(uIyn Cnir I I'bn (YIi3 53-1i I flY: 711 1 Ix. )O) BUflJJNC MU COMMUNtTY STANDARDSCity f XQOIcLYN - ] Reritil Lrt Mitigation PIn Type IV Liccn ctFoi C—S^(!Ps r.0imprve Mrgm d CondJthjn of Prop eMy Th iim in Ibis ecion have been proe to i wr property rnnamen1 And pfoprty im a g e ,Te foFtowng a ctions are rcq(Ijriid: 1)CIcI-in IOn11tSvy3G_dByS 2)brive by popei1v lo chik f o r Po ss ible code vffltion, LvOj 3) :F vict l e n a n tq in viola ti on of the Icase or 9 .9yddendUrn s,[7J 4) Remain ciinenon aI 1&iilyfees iaxes , asStS S me-91S , 1ne, Pcna l ties ,and OlhorfiniiI £IaiFflipyn)onts duo tOihe City, [j 5) Othor: ____ 'rhe toiFownj aCtIOCIS are op!km4 UtIl OSS roqLirod by t he City.[J 1) Proyjdo LwpJsnow ervk.,[7] 2) Prov(o ga rboo • inii socurityyaIw [J 4.) Provide i'ninLenrice sorvirp, plan fo r applaricc. Na mi iif iv're company £ENTERPOIRT -- - -[I] 5) Ohr: If the Typo IV-6 MnU-j R e ntal' Ucore i approved by tlia City COUflCII,, he iicn5e.e rnut complywith [hp, approved Mitiqatlan Plan and ii appiic1r Cily Codes. AWYRtenr tj portr)ju%t bOubmftto.d by Lh 10th d a y of oach month with an updt& of -P CtIbr15 b&ng taken by the own er BtLd!ørtflto co4rjpjy with tjjFS Mitigton• PIat, A copy f1i MLhIy Upte c, ruund OnPaga 7, A fiUne fwm CR hi fiind on !he Citys webit at www cityafbrookly cnterOrq 01i7E33) 56-333j o have an eIctronk copy an to you via tniaI. Pioa attch addiflortill inform a tion if flsary. ?I VF1-..--,---1DDLJfl L;e nt PV—B uZ1&n g and ComimLjty 1aLday D D P -R d men)1 hrxfl Oc4c P.kIyi- )Ir. M 3i!jfg 1h:r ?ei I TTI ?11 Fx: '1 BUILDING AND COMMUNITY STANDARDSCi1 D -- - -- -13R00 I YN Rn1i Lictistj MiFicjritioii Phr . _. .. Type IV igu and Vefy veriIylhaj all rFornitün picMde is twe and acua1, I wi rtrrJ Mat if Ide not itpIy willi tk opprovedMititic Dkni, comny with all ulm WEhiri the Iire pfioci, nr prte beyUr'J the xpimir dt±, nnforoemerit ac:tion i)i F Cii Ons formal complahils, or license re.vkw lHJy fusujl z I -.-- I I Owi d T:t (Pai ro (-\ /— _L1 LLLI - --jr / 1JOI{w,qq)pryJpr yjd r(ApJ P&i) Ayj CW nc! iim ('i.W1L)Dare C-Srj# Str( Olj /LL1 __ ____ -gym. Duxi iZy .4(/L)LA¼l?.n Vi O' Mf'1k)Pki'I J4-11 City tdys ni -tELiing a-143 Commumlly 5u4d JrnuNflI5Qi )hiti J' kj tcklii Cur1r. Ptr &5.i.ti-i 1'h (I;1) 1 r. r:ittu Cfty Ciirdll Alliidi I[trn N©0 Hi #3 [1i1lJ[iJ I U V U k'4 U'A I*4 (I) 1I 1IA1 DATE: March 13, 2017 TO: Curt Boganey, City Manaj FROM: Sharon Knutson, City Clerk ok 141^ SUBJECT: Type IV 6-Month Provisional Rental License for 6242 Scott 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 6242 Scott Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 10-13-2016 The Owner, Urban Enterprises, I n c, applied for renewal of the rental dwelling license for 6242 Scott Ave N, a single family dwelling. 11-10-2016 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 12-15-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-30-2016 A third inspection was conducted and corrections complete. However, the $100 reinspection fee remains. P,Jission: Ensuring an attractive, clean, saf, inclusive conmwiiity that enhances the quality of lift for all people and preserves the public (rust [S[S1IJ[J I fl N N Mh'A Uh'A I k'A [I) t1IhI WA'AI 12-31-2016 The previous rental license expired. 01-23-2017 The $100 reinspection fee was paid and rental license passed with weather deferred item. Q2-08-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-08-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-27-2017 A Mitigation Plan was submitted. 03-03-2017 The Mitigation Plan was finalized. 03-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 13, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 Jliissioii: Ensuring uz attractive, clean, safe, inclusive conirnunily that enhances the quality of life for all people and preserves the public tins! [EO1IJ[J I fl V 1h74 U I 3k'1 0) 1WI I1IJ'A I state its reasons for so doing in writing. InevaJuating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, saft', inclusive conilnunity that enhances the quality of1ift for all people and preserves the public trust [i1IJ[iJ I fl I I Ik UkA I ah'A 0) 1WI P1SJh'A1 Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality oJ'I1ft' for al/people and preserves the public trust EWJ[J I fl I ak'A LA I ak!'i 0] 1WI asJk'A i Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License 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 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive conuiw oily that en/sauces the quality of life for all people and preserves (lie pa bile trust [i1IJ[iJIU I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Wissioii: Ensuring an attractive, clean, soft, inclusive coninzuinty that enhances the quality of lfa for all people and preserves the public (rust Property Address' U42 Solt Avo tt ralcr', Center MN 554 Owner 's Nrne(s) Coo Property 1 Cheri Zh1u Ownors Address: 0293 Peony LNMap1(rcwe PlM 55311 Own Phone: Owner Email: reaitorGhn@hotmal.eOrn Ciirent Expiration Date; iiis 1oO1 Agent(s) Tony Wlrnai Agent's Address; 4542 rioe Av tdinnespOis. MN 55419 Agent's Phone; (12) 540-45 Agorit's ErnU: tony@urbanrent.com Pending Expiration Date'- ani7 jjtujdj'A t(IT1 DJflflL k Based or property cndhiona andkwvlidatUd police rwlsanee- inciderilg, the above rfrenced proprty qualifies fora Type V-I Month RerUat License, Prior to application approval by the City Council fully completed Mitigation Pan must be completed and approved by City staff. A Mitigation Plait must be Coniptated Immediately in order to, ensure timely completion of th License application process. The Njitig.9tiort Plan should Indicate the eleps being taken to correct identified viotations and the measures that will be tien to ensure ongoing compliance with City O'fflri2ncee and a pp1icab1e codes. A Mitigation Jan a110w5 the wnor and the City to review concerns and Idntify possible solutirons to imprave overall oiditlons of the. proparty. If the Mitigation Plein IS not submitted and all items are net completed within the pending license period, orthe above property operates beyond the icenso e<pire1iOfl date en1orernont actions u-h as citation, fomial complaint, or license review may result. efre submitting., fill-out Sections A. B, and C located on pages 2. 3,4, and 5 Twi OV I iaLkr Mkvi FM'ii, Rotc 4.f5 Cily of Bxak1yit Ci —uiidiJ ajN d StA.rdxd- DftoLt Ut Stln Cr('c Parkway, reo' CnIr, M1 4D219. Ptno; (Eit) E6-3O I 1TY 711 I F)5693360 - EUILDfl(G AND COMMUNITY STANDARDS IRC Type IV Licanse Sctlons A—Crime Free Housing Progra m R0 4v 1rOfAOnf5 Phase I [} t) Use a vdhtcrl lease reerna t. The lease agremen iaU Include The Crme Free Housing Lea s e Addendum A co py of the lease areement and Crime Free Housing Lease Addendni must be attached to the Mitigation Plan when stibmitted. 2)Agree to pJrU$ the termin&ion or le a se agreement or eviction f tenaiVs who violate the terms of the [ease or any 8ddendums . 3)ConduCt criminal background check for all new prospe c tiva tenants. If it is a currflt tenant a new background theck is not reuired Mu s t be able to provide dCurflenthlien to i C i ty if requestad. 4) Attend a City ppoed eightiiout Crime Free Housing training cwr se Information for appved courses cart tye found at %%v ,mncpa ,net underiho Tmirin9 and EvwiIs tab. A oopy of the Crime Free Housing Certificate nili$t be a ttached to' the titigafJon Ian when aubrnited Crime Free Housing training was completed OFi95 scheduled for: Owner or aent attended/is plsnning to attend training At oily of: jj 5) Submit Mmhl/ Update by the 1O" day of each nionth Phase 11 1) Complete a Seowity Assessment and irnptient Improvements requesled by the Breoin CenLr Police Department To schedule an in itial or follow-Up Secucily Asse5srnent call (763) 5&9-3344 A follow-up assessniefli must be completed beto to th a Ileonse expitlbfl. date to verify The seourity Improvements have been imptemeiiod Lia Security Msessment has been prevIously completed 1 write the cnptetion date. Security Assessm e nt was completed onus eduled for 212&117 SeuritAssessmenUOl[eWup was comp[etcd wis scheduled L LYi Continue Sections A Phase Ill on page 3. A^qo 24 Ty V R pmhl Linh F'?I Rome, 4445 City BroI1t C d&IL i:id CflU1W!1tt7 Stand-rth flepat11R w or B301 5iIrid' Crk Broi CçrihJAN 5O-21 I Pkir: I TrY: ?i1 [ Fic(7E3)559 -330 BUILDING AND COMMIT STANDARDS BRCftyi CENTER okIyrariterMN 564 Renta' Lcefl ML1gatlor Plan Type IV License ecUons A—Crime Frei Housing Program Reqw (riJnwx Phase m 1)Ownerreiit Will cittendatninirrurn 5Q%2) of the ARM meetings. The kRM, meetings must be completed within the rital license period and before the pending Type IV Lcerse explration date Registration is not fequired, hoviVec you must &ri-ln during the meeting. Write two meeti ng dates an owner or agent plan to attend - Omer or agent wli attend meetings scheduled on; 2)Have no repeat code viaIaions poviously documented with the pasi yer, The foirowlng aqtlorit are requtrd for propertlet with frur or 'nero unit 1) Canduci resident -training annually that Includes crime prevention; thniqe. J 2) Conduct regular reaiderit rnetings Typa V Rrnrd Lkr'j PAMZ RL 44445 City d i BwkIy n1x-Building 21 ILci CttiU1y Standards Dcpimezvt IPhone; (63)5 I TT'11 I F7556ZcCl CondItFon* F a F 0 Expected Rep1ei1nt Data may 2020 Oci 2OO A pril 202' Oct 222 Oit 2022 BUILDING AND COMMUNITY STANDARDS X1BBR(8j'dLYN 8242 Sofl Ave N ENTER rnkIyn Canter MF 554' License MFtgatäori Man - Type IV Sections BLong Term Capital Improvement Plan Based on condition ind aglo, esimnted repicerneni dates flC)d 10 bo provided for common tem5. Fundin should be considered CCQordIrigly. Hems that are broceri worn.orotheNjise In vil1ô prior to the esi:mated re.,placament date need to be reptaed sotr. All itens must have a data fw Estimated Fep!err?ent Date. Dates such a unsure", ort krvi or when broken" wifl not Qeptd If you are unsure an item will need to be replaced you cn rriake a prediction based on the 8ge ppeerance 1 condition, or man ufaturnduWy recommendations, Adiont Inforrnatkn on Expecled Us1ul Lia an be found atwvwhu.rd,gov, Item Date tRpkd Example: Water Heater May 2010 Fumace Water Heater 003 Kitchen Appltafloe5 Oct 2014 00 2 0 14Laundry Appliances Sm.ola Alarmsi Carbon Mnedde Alarms NOY9014 May 2022 PInt)Sidlng thk' 201S Windows O1i Reef reo1S Ferlog r fty hed rviavpm Gorage Dot 1963 Dec i903 $ Id a w alke Dec 10133 Other"Decks, F and R M a y 2013 Wind, on F ly 2U1 Condiuln Abbroikjn-; G jiiI Sf 202 G July 2030 - N Jan 20O F May 222 G May 2fJ2I (Ti 1)e2(J&i Ft My2eie a Jun 2037 F y2 R Mss Dock May 17 GocdG Fir--F Needs Feplacirncn1=R fVan 4Wg'ci P.wi, 4-T445 City o ffcsHyn Centex—, BLUMin alin3Ie Cekriwy, PrckIyrt C.rhr, M E513-21 u P.icni: 5Ci I liT: 711 1 Fax: Ni3 -33 BUIL_____ DING .ND COMMUNITY STANDARDSCit f lBroi,1 FM s Rental License Mitigation Plan ___________-________________ Type IV License Sections C—Slaps to improve ManageT.nenl and ,0. qrjdit;pR.5 of Property The items in this section have been proven to easiat with properly r riaarnerii and property image. Tho fbil lowing attl'ons 1)Check-In with tenants every30-days. [] 2) Drive by property to ctiock for possible code vlo1ion. [} 3) Evict tenants In violation of the lease or any atktend urns, [J 4) Romain current on all utility fe, rnents, fines, penalties,, and othot financial cioinis!payrnents due to the City. [] 5) Other: The following actions arc optional unless rurd by the Cfty. LII 1) 2)Provide garbage service ) Install sectinty systems 4) Provide maintenance service plan for appliances. Name of service company;0 )Other: If the Type IV-6 tvlonth Pnial License is approved by the City COLJflCU the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A wr1ttei rpoti must b submitted by the 10th day of–each month'Mth an tipda:te of actions being taken by the owner and1ora gent to comply witi thIs Mitigation Plan. Acopyof the Monthly Update can befound on page 7. A fiIIabo form can be found on the CiLyc w-obsito at vw'cityotbrook1yncenterorg or call (763) 56-333O to have an electronic copy sent to you via email. Piee attach additional information if necessary. pJ ?cs r!xI p, City of ldyn x—idkLlnrj at4 oanmi1y ihd Pettttt '6301 5hinpra CreEk Parkway, arci'i CiLt. MN 5E4502:19 1 Phr: 7) 31A I 1T 711 1 Fax: (763) 56-3L36rJ JILDThTO AD COMM WIITY STANDARDSYd Cilycii CENTER Rentil Lktie Mi ti gat i on Plan Typo IV Uccne 18 riid VErflf v e ri fy thEil all inñ,miadon prcr'id&f iq true and icrurle. I urrtnd th if I do no comply vviih theipproed M igtian Plan, c omply vth alT [t o ml. wihiR the JIcôr perk'd. or rpar1e beyond Lhe IIcone expiration daU nrorcemert ac1Jcin uh as citation, torr-nal complii, or Ilcon reviewmay ruTt, TriyW)niaii r -rxrIy Ninnag e r O4or A.joir 11C.1 J7& fRu v5o. PyrM M-.4 22OD1' Adic'nai QT;r cr/çrori! In'e ôrj NUO 0,(^,PpNca b te, AdWOr:'9i Cvcr or A g em Si,i'r (p(cebo) cry .$ff C)ify ••-:->-•'. -7 ( I ( J ( / \ ;/ /-XJ/7' Po'c. Oepr',j I' T% ^;-r oir y, •'Jrthird. (oii:icr T ?VJ?ii MWtn Pkil1 . Of BokIyn c —1Ji]c1Lmg and bog 1Tmniy Sta rrm j' Pw;, Ctcir, O-2T I Phone : (74.j j flV 7t'i FT) WoTk Session Agenda AMENDED AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 13, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1. Drinking Water Update 2. Redevelopment Opportunities and Tax Increment Investments within the Shingle Creek Crossing Development PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Water Meter Failure Update – March 27 2. Paperless Council Process – March 27 3. TIF Funding Update – March 27 4. Liquor License Regulations – April 10 5. South Opportunity Site Development 6. Discussion of the Brooklyn Center Branding & Identity Campaign – March 27 Work Session Agenda Ir(-ii UD1UI kTA I k'1 (I) 11I )IBWA I1Ih[iJ I 'LI) 1 41 *'J1 (I)l DATE: March 7, 2017 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Drinking Water Quality Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding the planned approach to address aesthetic issues with the drinking water as part of the new Water Treatment Plant (WTP) implementation. Background: As reported in the Work Session meeting to the City Council on September 12, 2016, measures are continuing to be evaluated and adjustments made to improve the varying aesthetic issues relating to the smell and taste of the City's drinking water that some experience and desire to improve that were a result of bringing the new WTP on line. Attached is the prior Work Session memorandum for background purposes. The following provides updated information pertaining to these ongoing evaluations, adjustments and other initiatives. Op/Final level of chlorination - We feel we have narrowed in on the optimal level of chlorination injection rates to account for the different varying factors in the City's water. The current target rate of chlorination (free chlorine) leaving the WTP is 1.10 parts per million (ppm) and at the further extents of the system is 0.60 ppm. Based on our extensive testing and evaluation, we feel this range of chlorination is optimal and results with the least amount smell/taste issues while maintaining proper chlorination levels to be within the recommended Minnesota Department of Health (IVIDH) range. We will continue to monitor and adjust as necessary, with the goal of making only minor changes to minimize spikes that could occur in trying to perfectly match "scientific" rates with the multiple varying factors. Manganese Flaking - Some drinking water consumers have experienced black flakes/specs in their water. This issue is most notable and visible in toilet bowls and tubs where larger amounts of water flow are typical. These flakes are actually specs of manganese that flake from the built up manganese that coats or has accumulated in the internal piping, both within the home and Within the City's distribution piping. This flaking is expected to subside over time. We are not certain of the timeframe, but flushing piping is the best practice to address this issue. At City Hall we have noticed that the appearance of manganese flaking comes and goes, but seems to be occurring with less frequency recently. The City's flushing plan and initiatives are outlined below. Chloranzination - We are waiting to receive an update on the status of the Environmental Protection Agency's (EPA's) work that they are reportedly performing pertaining to the continued acceptance of Chioramination as a disinfection process. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust hU Di!A (I) JI )1J'A EI]JJ[iJ I !'LI) 1 aii [ikl This continues to be an alternative in lieu of Break-Point Chlorination that we are currently providing. However, we recommend holding off on consideration of this potential switch until we have a conclusive response and guidance from the EPA. We expect that the EPA is currently in the process of reviewing this very complex issue. We do not have a timetable for a response and/or results, but will pass this on to the City Council immediately upon receipt. Additionally, we are evaluating if a lab test can be performed to compare the aesthetics of Brooklyn Center's water using the two different disinfection methods. Once we determine if feasible, we plan to proceed accordingly. Watermain flushing -Flushing the City's watermain system has been performed annually in the spring to flush out the buildup of sediment that can accumulate in the system overtime, most notably iron and manganese. This is performed by opening hydrants around the entire community in a systematic manner and letting the water run until clear. This practice was most important back in the era when the City's watermain consisted of a significant amount of unlined pipe. Through the City's reconstruction program, most of that unlined watermain pipe has been replaced with a cement-lined ductile iron pipe that significantly reduces the iron and manganese issues. Further, with the new WTP, which basically eliminates the iron and manganese from the water source, we expect this buildup to be even less. The annual flushing is scheduled for April and we expect this to have a noticeable improvement on the water quality pertaining to the cloudiness and to help flush out the manganese flaking. We have recently performed some advance spot flushing, but is difficult during the winter due to the running water and icing issues it causes on the streets. If the weather allows, we plan to perform additional spot flushing in advance of the annual water flushing. The annual flushing will be performed in more aggressive fashion this year with the goal of trying to scour and flush the system. Flushing will also help the water stabilize faster by removing the majority of those impurities from the distribution system that break down the chlorine, which will in turn contribute to and result in minimizing aesthetic issues with the chlorine. This is. all part of the water system stabilizing over time. In-home flushing - Similar to the Citywide flushing, it is good practice for residences and businesses to flush their private building/home plumbing to address any buildup that has occurred overtime, most notably in the water heater. Currently, as a reactive measure when the City responds to water quality issues, we work with and guide those property owners to flush their systems (e.g. flushing water heaters, clean out aerators at faucets, shower heads, etc.). As a proactive measure, we will be providing outreach and educational information to encourage property owners to proactively flush their systems, providing additional guidance and assistance if needed. City survey results - In the recent Citywide survey, question 975 asked: "How would you rate the quality of City drinking water - excellent, good, only fair, or poor? The results: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust k1 I hY4 (I) IflIJ i1IJ[iJ I 'LI] 1 aIEI (•)l Excellent 14% Good 69% Only Fair 11% Poor 6% Don't Know/Refused 1% The results are fairly positive, so it is our opinion that we have not missed the mark by too far. However, we are not done and know that we can do more to improve the water quality and potentially the aesthetics. Third party expert and MDH review - We are currently developing a scope of work for a third party expert to independently review and evaluate the City's water chemistry and system for other possible improvements and considerations. We also expect this evaluation to be reviewed by the state's water experts from the IVIDH for their weigh in on the results and recommendations. Outreach and education plan - A public outreach and education plan is being developed that will consist of providing an overview of the City's water, proactive measures that homeowners can do and other educational components about drinking water and best management practices. We expect this outreach to be distributed via water bills, mailings, newsletters, local cable, the City's website and signs placed in the community in advance of flushing, etc. In summary, we know we have a natural ammonia challenge in our raw water that we continue to make adjusts for as necessary. We know we have a manganese flaking issue with the expectation that our flushing strategy will significantly address this issue. We know that other expert experiences have demonstrated that systems tend to stabilize over time as the system is cleaned out. We know that changes can sometimes take a period for people to adjust to and become more accepting of the new smell and taste of the drinking water. We also realize that some consumers may never be fully accepting of the aesthetics of the drinking water and choose to either filter their water and/or use bottled water for drinking. But we feel that we can reduce these instances by continuing to implement the outlined strategies. We encourage consumers to continue reporting issues on a case by case basis so we can evaluate and work directly with residents experiencing and having these issues, which may be unique to their residence. As we implement the strategies outlined in this memo, we expect notable progress over the next six months, understanding that some strategies will take longer than others. Policy Issues: Does the City Council deem the planned approach acceptable or does the City Council feel we need a change in direction? Is additional or further information desired by the City Council to provide direction? Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM COUNCIL WORK SESSION DATE: September 6, 2016 TO: Curt Boganey, City Manager FROM: Steve Litlehaug, .Dheotor ofPubli Wnrks/City Eligineer SUBJECT Wat Ti iieiit Plant P1nfectat1t Update RitiO11 It is recommended that the City Council consider providing direction to staff regarding disinfectiofl of the diking watr at the water treatment plant. 13a0ground; The watei tieatment plant pioject is substantially complete and has been piodticmg 100% of the City's watet since late January 2016 The water is now cleaner and sa fer due to the filtering and ietnoving of manganese and lion to almost non detect levels While the City, has always disinfected its thinking water, the disinfectant process that was ieconimended and chosen as Part ofthe new water treatment plant implementation is çjiffeient floin the past We are now using a process called `breakpoint chloi mation' in lieu of the pievious piocess called "chloiamitiation" For a more detailed discussion on these two disinfecting methodologies please see the attached Chlorination Update Memorandum piovided by Bolton and Menk, the City's consultant fot the Water treatinnt plant. As indicated, we now have a new, cleaner Vate1 chernistiy and as a result, we have experienced aesthetic issues with the water at times peitaining to the smell and taste of chlorine, While We do have slight aesthetic i_ssues there are no known safety concerns with the disinfectant levels peitainmg to any chlojine smell or taste experienced and the water chemistiy has been within the recommended tolerance guidelines of the Minnesota Department of Health (MDH) pet taiiling to chlorine. It should also be noted that some residents have indicated their displeasuie and intolerance with the iew water chnistry pertaining to the smell and taste, As inclicated watr has been produced f ro m the water tiatment plant since late January 2016 The disinfectant plan and amounts tnittally used weie only to be used on a tempo! my basis for a few months until the spiing flushing occuued and was completed in April 2016 Once the flushing was completed, it was expected that the chlol inatton would be fine-tuned and optimized, iniiimizhig any experienced aesthetic issues On plan and once the flushing wás completed by apXiInhtelY the end. of April 2016, the-Pew cliloiination methodology (bmeakpomflt chloi ination) was fully implemented After a bit of internal injection poi ht adjustments and fine tuning with the levels of chlorination ination over the past few months since April 2 m016, we e experiencing continued aesthetic issues with the presence of a chlorine taste and smell,mbut again all has been well within the tecomended safe tolemancet guidelines. ilissioii Ei,cuung a,l nititwin clean wit VIL(!!sll & ('0171111111dill that aih!,fF!(-t tilt i/t!(11!t! of hilt for all people Il li (tpreserves the pbhie trust I'A I flk"A (I) II i1IJ EI1IJ[iJ I 'LO) i 4I1 *f1 (IAl The aesthetic issues are sporadic and can also be more intolerable to some than others. Reasons for these issues include: Cleaner Water - The past City water chemistry included high levels of iron and manganese that produced very noticeable traits and effects, some favorable to many but with some issues also. These traits include: a certain smell of the water, a certain taste, buildup of minerals in plumbing piping and fixtures, laundry issues and staining of clothes, etc. Some residents liked the taste and smell, some not so much. As mentioned earlier, the water is now cleaner, literally absent of manganese and iron, The absence of these minerals alone might be a negative effect to some as they valued the smell and taste of the City's water. Now, being able to smell/taste the chlorine no matter how significant or slight it may be only compounds issues and makes it intolerable to some, perception or not. Independent of this aesthetic issue, the water chemistry has changed but the water is safer and cleaner. Ammonia Presence - Ammonia is naturally present in the City's well water that is obtained from 300-ft below the surface. MDH recommends burning off all ammonia which is accomplished by injecting chlorine, transforming the ammonia to chloramines and then to nitrogen gas. The difficulty in this process is the fact that ammonia levels in the raw water vary from well to well and vary within the same well throughout the pumping duration. This effects the chlorine injection rate significantly as the injection rate of chlorine varies at approximately a 1:10 ratio (e.g. for every one part in ammonia change, the injection rate of chlorine changes by a factor of ten). So, with the significant variance of the naturally occurring ammonia levels, it takes a very involved and continuous rate change of chlorine injection to keep levels in the optimal window to minimize the effects of a chlorine smell or taste in the distribution system. This is compounded throughout the pumping cycle throughout the day and also from season to season due to the differing water demand. Nuisance Residuals - Another challenge presented by naturally occurring ammonia is the development of "nuisance residuals" during the chlorination process. "Nuisance residuals" are developed as chlorine reacts with the naturally occurring ammonia and are often the primary cause of taste and odor complaints. The formation of "nuisance residuals" is extremely difficult to predict and varies by water source due to slight differences in water chemistry between sources. Since "nuisance residuals" are nearly impossible to prevent, their effect on water aesthetics is typically managed by finding an optimum chlorine residual in the distribution system for a given water supply system. Chlorine Smell - Reports of a chlorine smell in the distribution system can often be linked to a high ratio of "nuisance residuals" to total chlorine residual. This most commonly occurs when the total chlorine residual is relatively low, Since the "nuisance residuals" cannot be removed, the only way to decrease the ratio of "nuisance residuals" to total chlorine residual is to increase the chlorine dosage at the water treatment facility. Although counterintuitive, increasing the chlorine feed rate can often minimize the aesthetic issues cause by nuisance residuals. There are multiple other considerations and factors that affect chlorination, but the above factors are the usual suspects for the issues being experienced. í3-Iiss!o,, Ensuring an af(maddi', clean, sqf, inclusive cvnnnuuilip that aninuices the qua/tim qt/ft' for all people andpres -ervev the public tins! I h"4 (STW%I IiIJ'A EIiIJ[Si I iLO) 1 ofiiI1 Due to the continued aesthetic issues and as of late August 2016, we implemented a very regimented and systematic procedure of monitoring raw water ammonia levels, chlorination injection levels, filter effluent chlorine levels, reservoir effluent chlorine levels, chlorine levels in the distribution system at several businesses and resident locations in the community and the aesthetic smell of the samples. As part of this procedure, we then evaluate the data and make systematic adjustments of the chlorine injection rates with the goal of obtaining the optimal, "best we can do" level of chlorination that minimizes the smell/taste issues while maintaining chlorination levels within the recommended MDH guidelines. We expect to be very close to the optimal level within the next couple of weeks after further evaluation and adjustments. At that point, the water aesthetics are anticipated to be at the "best we can do" point under the current treatment methods. We then need to make a determination if the aesthetics are acceptable or not, understanding that this can be challenging because what is acceptable to some may not be to others and can be very subjective. If not acceptable, a different chlorination process (chloramination) could be used in an attempt to address these aesthetic issues. This is the old process that the City used prior to commissioning the new water treatment plant (see the attached memorandum for additional background on chloramination). While we once used this chioramination process with good success, we may not be able to get back to that point due to the cleaner water and new water chemistry with the filtration of the water. We could end up having the same aesthetic issues and maybe even new issues with the leaching of copper and lead through that process. The chloi'amninatiOfl process is a more expensive process including an upfront capital cost of approximately $40,000 with an annual operating cost of approximately $30,000. It would take approximately four weeks to fully implement this new system with additional weeks again needed to optimize the water chemistry. As a side note, if the chioraminatiOn process were implemented and it worsened any issues, the system could be removed and we could then resort back to the breakpoint chlorination process, understanding the perception of this switching back and forth and the changing water chemistry throughout would be noticeable to the consumers Ultimately, the resulting drinking water experienced in Brooklyn Center is not too unlike that of the several thousand public drinking water systems throughout the state, However, if determined by Brooklyn Center to want to further address any aesthetic component of the drinking water, there are scarce options that could be further evaluated, understanding that the price tag on these options might be significant, challenging and very uncommon (e.g. alternate water treatment processes built into the water treatment plant, individual point-of-use filtration systems, bottled water, etc.). Policy Issues:Does the City Council deem the aesthetics of the water acceptable at this point; close to being acceptable needing a little more time to possibly optimize the water chemistry further; or does the City Council support switching to chloramination? Is additional information or further evaluation of options desired by the City Council to provide direction? I'IJissi(,;l: Eii.ciiiiug an aEtracti)L', clean, s(fe, jI1c!lISi,C emnnluIn(V that an!! WIC(&V 11w iJu(IIiIy qf life for ii!! people (aid preseii'eS (1w public tract kU otii ,iiui sisirj i 4j Strategic Priorities: Key Infrastructure Investments A!i.svhn, EnNui/Jig wi il#lac(ir', cleni,. sute, inclusive eenilnuui(ir that eidmucas the qua1iti' (/l/e fin' all people luff prLNL'rI'e.c (ulL'f)ul)hC tills? CHLORINATION IUPDATEI MEMORANDUM1 Es] 'lii 'i1 TO: City of Brooklyn Center FROM: Bolton & Menk DATE: September 2, 2016 RE: Water Treatment Plant— Chlorination Update BMI No. N21.107570 Introduction: This memorandum presents the following information in the sections listed below: 1.Chlorination Process Options Available for the Water Treatment Plant 2.Implementation of Breakpoint Chlorination 3. Public Concern Regarding Taste and Odor 1. Chlorination Process Options Available for the Water Treatment Plant: The two chlorination process options that were available for the new Water Treatment Plant (WTP) were breakpoint chlorination and chloraminatiOfl as discussed in the following sections. 1. Breakpoint Chlorination. Breakpoint chlorination involves burning off the naturally occurring ammonia in the raw water and sending free chlorine (chlorine that is not combined with ammonia) into the distribution system. Breakpoint chlorination is currently being implemented at the WIP. Implementation of breakpoint chlorination at the WTP requires the following considerations: a. Minnesota Department of Health (MDII) RecommcndatiQ!i1 Four recommendations from the MDH for implementation of breakpoint chlorination at the Brooklyn Center WTP were; • All natural occurring ammonia shall be burned off • To ensure safe drinking water, there shall be a trace of chlorine (0.2 mg/i) at the end of the distribution system. • To avoid taste and odor aesthetic issues, maintain a minimum of 0.3 mg/i chlorine at the end of the distribution system. • Maximum chlorine concentration is recommended at 2.0 mg/l -1- b.Water Oualitv Considerations Breakpoint chlorination produces a finished water that is completely void of ammonia. This is advantageous as it has been demonstrated, in Minnesota Department of Health (MDH) data, that elevated levels of lead and copper at consumer's taps in Minnesota drinking water systems were attributable to chloramine (a residual of chiorainination) and ammonia in those distribution systems. Chioramine/amnionia related chemistry and biology that can occur in the distribution system was deemed to cause the water to become more corrosive and thereby contribute to elevated lead and copper levels at the consumer's tap. This correlation was especially strong for systems that had gravity filtration plants. Although breakpoint chlorination is advantages for its complete removal of ammonia, breakpoint chlorination tends to have a higher propensity for aesthetic concerns of taste and odor in the distribution system. These aesthetic concerns are site specific baed on the water chemistry of the raw water supply. c.Cost Considerations Breakpoint chlorination is currently being implemnted at the WTP and there are no additional costs associated with its implementation. 2. Chloramination Chioramination involves feeding ammonia (ammonium sulfate) to the finished water and sending chloramines (chlorine that is chemically combined with ammonia) into the distribution system. The city previously used chloramination prior to construction of the WTP. Implementation of chloramination at the WTP would require the following considerations: a, Minnesota Department of Health (MDR) Recommendations Three reconmendations from the MDH for implementation of chlorarnination at the Brooklyn Center WTP were; • All natural occurring ammonia shall be burned off prior to feeding ammonium sulfate. • Minimum total chlorine residual entering the distribution system is 2.0 mg/I. • Minimum total chlorine residual at the ends of the distribution system is 1.0mg/I. To meet the recommendations of the MDH as described above, the chlorine concentration leaving the WTP would be approximately 1 .2 mg/I higher with chloramination as compared to breakpoint chlorination. This results in a 25% increase in chlprine usage and costs. In addition, chloramination would require an -2- ammonium sulfate feed rate of approximately 0.5 mg/I (none required for breakpoint chlorination). b. Water quality Considerations As previously discussed, it has been demonstrated, in Minnesota Department of Health (MDH) data, that elevated levels of lead and copper at consumer's taps in Minnesota drinking water systems were attributable to chloramine (a residual of chloramination) and ammonia in those distribution systems. Chloramine/ammonia related chemistry and biology that can occur in the distribution system was deemed to cause the water to become more corrosive and thereby contribute to elevated lead and copper levels at the consumer's tap. This correlation was especially strong for systems that had gravity filtration plants. Although the MDH has attributed elevated lead and copper levels to chiotamination in some communities, there are systems in the State that utilize chioramination without elevating lead and copper levels above the Primary Drinking Water Standards. In addition, the City of Brooklyn Center previously utilized chloraminationiand did not have concerns with elevated levels of lead and copper. It should be noted that previous implementation of chloramination in Brooklyn Center was done without treatment and the MDH research has shown that the corrosive effects of chloramination can be magnified when used in conjunction with gravity filtration. Although chloramination may have a higher propensity to cause compliance concerns with lead and copper, it typically produces a more consistent aesthetic water quality in terms of taste and odor. c.Installation of an Ammonium Sulfate Feed System Implementation of •chloram ination will require installation of an ammonium sulfate feed system at the WTP. Design consideration were made for the feed system and include space in an existing chemical feed room and all electrical and controls wiring and programming. Work required for final implementation of the sulfate feed system include installation of chemical tanks, pumps, and feed piping. d.Cost Consideratio ns Implementation of chloramination will increase both capital and operational costs for the WTP. An allowance of $30,000 was included in the Contract Documents for the WTP project to help the City cover some of the costs of implementing chloramination. It is estimated that final implementation of the ammonium sulfate feed system will cost approximately $40,000. In addition to capital costs, chloramination implemented as recommended by the MDH will have increased chemical costs estimated at $30,000 per year based on a yearly water usage of 1,200,000,000 gallons. -3- 3. Treatment Selection Based on a desire to limit lead and copper levels at the consumer's tap, breakpoint chlorination was selected as the preferred alternative for the new WTP, As an additional benefit, breakpoint chlorination also offered lower capital and operating costs for the WTP. 2, Implementation of Breakpoint Chlorination 1. Treatment Goals Implementation of breakpoint chlorinate at the WTP has consisted of three main goals as follows; a.Maintain a trace amount of chlorine at the ends of the distribution system per MDH for safe drinking water b.Maintain a minimum chlorine residual of 0.3 mgI! at the ends of the distribution system to minimize taste and odor issues c. Maintain a free chlorine residual that is 85% of the total chlorine residual to minimize taste and odor issues caused by nuisance residuals Goals "a" and "b" are relatively easy to achieve as they directly relate to the amount of chlorine added at the WTP. Goal "c" pertains to a relationship between ammonia, chlorine, and other water chemistry parameters. When breakpoint chlorination is used there are two different chlorine residuals that are present at the end of the process, free chlorine (chlorine not combined with ammonia, and total chlorine (combination of free chlorine and chlorine combined with ammonia). The difference between total and free chlorine are nuisance residuals that cannot be burned off during the breakpoint chlorination process. These nuisance residual are often the primary cause for taste and odor complaints in the distribution system. To minimize the effects of these nuisance residuals, it is recommended that the free chlorine residual be maintained at or above 85% of the total chlorine residual. 2. Treatment Results Breakpoint chlorination was first implemented at the WTP in April, 21 2016. Since that time various treatment strategies have been utilized within the WTP to meet the treatment goals. At the present time, the system always meets goal "a" and routinely meets goal "b" The system has not been able to meet goal "c" (.85% free chlorine) on a consistent basis and process changes are on-going to attempt to meet this goal. Given raw water quality, it may not be possible to achieve this goal. Not meeting this goal is only concerning if the City has user concerns in regards to chlorine taste and odors. At this time there are some taste and odor concerns in the system which are being tracked by City staff, In addition, operations staff is currently implementing a detailed sampling procedure to further analyze chlorine residuals in the distribution system and at the WTP. This information is being used to modify chlorine dosages in an attempt to minimize taste and odors issues and optimize plant operations. Raw water chemistry will dictate the -4- level to which the taste and odor concerns can be minimized. If the taste and odor issues cannot be minimized to a level that the City and its users are comfortable with, the City will need to consider switching to chloraminatiofl. 3. Public Concern Regarding Taste and Odor Although chlorinated water provides safe drinking water for system users, it can also have its downfalls in terms of aesthetically pleasing water. The following will provide a summary of operational changes at the WTP and other information that may prove helpful in alleviating public concerns. 1. Progress Made Sin ce th hiltial Plant Start-ups a.Upon the initial plant start At initial startup there were chlorine residuals present from both the well houses and the WTP. This caused a large number of taste and odor occurrences during this period because there was no ability to control the exact form of chlorine- ammonia complexes being formed in various portions of the distribution system. b.Following the initial plant start UI) There is now one point of entry for all water entering the distribution system which can be carefully controlled in regards to the type and level of chlorine residuals being sent into the distribution system. c. Since August of 20 A matrix has been programmed into the controls which automatically adjusts the chlorine feed based on the raw well water quality and flow for each individual well. This provides more stability when targeting specific chlorine doses. 2. Taste and Odor Thresholds: Taste testing of waters with various concentration of various forms of chlorine has been used to establish the relative "chlorine odor" thresholds listed below. These thresholds illustrate the need to maintain a higher percentage of free chlorine residual as free chlorine has a very high odor threshold compared to the nuisance residuals. Although it is counter intuitive, turning up the chlorine feed, to establish a higher free chlorine residual, is often the answer when trying to reduce chlorine tastes and odors. • Free Chlorine (Primary Residual of Breakpoint Chlorination) 20.0 mg/L • Monochiorarnine (Primary Residual of Chioramination) 5.0 mg/L • Dichioramine Nuisance Residual) . 0.8 mg/L • Trichloramine (Nuisance Residual) 0.02 mg/L -5- 3.Safe Drinking Water is a top Priority for the City of Brooklyn Center Although chlorine can cause aesthetics concerns in the City's drinking water, it does not pose any health concerns at concentrations that are maintained in the system. As previously discussed, aesthetic concerns from chlorine are typically attributed to nuisance residuals at low concentrations rather that from high chlorine concentrations. Therefore, the City of Brooklyn Center chose to implement breakpoint chlorination to help prevent elevated lead and copper levels and provide the safest water possible for its users. 4.Taste and Odors Tips Taste and odor issues are often due to low chlorine levels that off gas at the users tap. Smell is a large part of taste and allowing for some off gassing can address the taste issue. Thus, the customer may want to: o Allow sink to run for a while - it may flush out low chlorine residual water that has been in the service line for a while Allow water to sit for a while so smell dissipates In some circumstances a taste or odor that is simply different is interpreted as a "bad" taste or odor. Customers should be informed that: • The treated water will have a different taste • The taste of cleaner, safer drinking water may be a different taste that the customer can get used to and learn to appreciate • If chioramination were implemented similar to previous disinfection methods the water would taste and smell different than the untreated well water due to • Lower manganese and iron concentrations • More dissolved oxygen in the water Drinking Water Quality Update Work Session: March13, 2017 1 Drinking Water Prior update, September 2016 Safer, cleaner water (Mnand Fe filtered to non-detect levels • leaving the water treatment plant) Break Point chlorination vs. Chloraminationprocesses (we • currently use Break Point) Ammonia presence in raw water, varies continuously causing • fluctuating need of disinfection concentration at a 10X factor Nuisance residuals from disinfecting process, results in • chlorine/bleach smell/taste 2 Drinking Water Initiatives and Updates a.Chlorination optimized Injection rate is adjusted to a target with least amount of • smell and taste issues b.Manganese flaking Expected to subside overtime, flushing is expected to be • most beneficial practice to address this issue c.Chloramination Awaiting EPA response and guidance • Lab test expected to be conducted (Break Piontvs. • Chloramination, which has better aesthetics?) d.Watermainflushing 3 Drinking Water Initiatives and Updates (cont…) a.In-home flushing b.City survey results –Quality of drinking water? c.Third party expert review/Minnesota Department of Health d.Outreach and Education Water bills, mailings, newsletters, local cable, website, • signs placed in community (for flushing), etc. 4 Drinking Water– What we know A natural ammonia challenge in our raw water • Manganese flaking –flushing expected to minimize issue • Water systems tend to stabilize overtime • Consumers adjust/accept overtime • Some consumers will choose filtering/bottled water • regardless (goal: reduce this portion) Consumers need to continue to report drinking water issues to be evaluated on a case by case basis. 5 Policy Issues Does the City Council deem the planned approach acceptable or does the City Council feel we need a change in direction? Is additional information or further evaluation of options desired by the City Council to provide direction? 6 Thank you! Work Session: March 13, 2017 7 Work Session Agenda Item No. 2 MEMORANDUM COUNCI{IL WORK SESSJION DATE: March 13, 2017 TO: Curt Boganey, City Mana FROM: Gary Eitel, Director of Business & Development SUBJECT: Redevelopment Opportunities and Tax Increment Investments within the Shingle Creek Crossing Development. Recommendation: It is recommended that the City Council consider providing direction to staff regarding Redevelopment Opportunities and Tax Increment Investments within the Shingle Creek Crossing Development. Background: On July 25, 2016, the City Council Work Session included a discussion on the acquisition of 3 lots within the Shingle Creek Crossing Development (planning for full daylighting of Shingle Creek). The consensus of the City Council was a favorable response and direction to staff to keep moving forward on the following Policy Issues: - Is the EDA/City Council interested in proceeding with the acquisition of lots within Shingle Creek Crossing to facilitate opportunities for the full claylighting of Shingle Creek? - Does the EDA/City Council support the use of Tax Increment generated from the Shingle Creek Crossing Development to fund opportunities for the full daylighting of Shingle Creek? Attached is a copy of the July 25, 2016 work session minutes on this discussion, the staff memorandum, and PowerPoint Presentation for your reference. On September 26, 2016 the City Council Study/Work Session included a discussion on the structuring of a TIF 5 Bond Issue involving the partial refunding of the TIF 2 Inter-Fund Loan and refinancing the balance of the Shingle Creek Crossing PAYG Note. The following items were discussed: - The structuring a bond issue to include the partial repayment of the $2.4 M Inter-Fund Loan.( $13M) for the acquisition of the approximately 4 acres within the Shingle Creek Crossing Development and $2.0 M to refinance/pay-off the PAYG Note. - A potential budget strategy for Tax Increment District No. 5 to maximize investment opportunities within the Shingle Creek Crossing Development could be structured to include: Debt Service $350,000 (2018-2029) 11'fissio,,: Ensuring an attractive, clean, safe, in coinniiinhtj' that enhancesances the quality of life for all people aiidpreseiies the p111)1/c trust k'A I Dk'A (I) 1WI 1SJYA EI1IJ[SJ I !'LS) 1 i 3E'fi (I]I Admin Expenses $50,000 (10% of annual increment) Pooling Activities $50,000 (10% of annual increment) TIF 2 Inter-Fund Loan $40,000 ($700,000 balance) The acquisition of these 4 acres to complete the full daylighting of Shingle Creek and reserve two pad sites for future restaurant opportunities. Pending consideration on the feasibility of using a portion of this area to facilitate storm water management opportunities for the Opportunity Site and/or the redevelopment of the Kohl's Lot. On November 14, 2016, the City Council approved the Sales of 2016 B General Obligation Tax Increment Refunding Bonds and 2016 C Taxable General Obligation Tax Increment Refunding Bonds. The PAYG Note has been paid off and $1.7 M has been deposited into the TIF 2 Fund. Attached for your reference is a copy of the November 14, 2016 staff memorandum. Redevelopment Opportunities and Tax Increment Investments within the Shingle Creek Crossing Development. The acquisition of approximately 4 acres of land adjacent to the partially daylighted Shingle Creek (pad sites M, 0, and Q) provides the EDA with the following opportunities: - Pad Site M would be reserved as larger full service dine-in restaurant pad site to accommodate the future development of a restaurant with lounge and outdoor patio area overlooking a water feature. - Pad Site 0 would be developed with a two tier pond with a fountain in the lower level pond that would pump water to an upper level pond that would then cascade down a stairway. The parking lot for 0 & M provides excess parking that would be available for the restaurant & lounge and satisfy minimum parking standards required by Walmart's approval to an amended ECR (Easements, Covenants, and Restrictions for the management & operation of the Shingle Creek Crossing Project. Pad Site Q would be developed into a large ponding area. This ponding area will provide opportunities for additional storm water treatment, creation of additional flood plain storage, and fountain(s) to promote aesthetic value to this pond. The PUD plans for the western portion of the site identify space for approximately 30 parking stalls. Attached is a sketch and rendering prepared by Louck's & Associates which illustrates this potential development of these 4 acres. The costs to develop these ponds are estimated at $664,940 with an additional $76,320 for the water feature. The funding for these improvements would be an eligible expenditure of future TIF 5 Pooling Funds and/or the TIF 2 Inter-Fund Loan repayment. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust kYA I Dk! (I) UI WIk!A EI1IJhSJ I !ATLIS) 1 4i Ef1 [Ik1 The costs estimated for the full daylighting were estimated at $2.4 M; however, there is staff concern that additional costs for replacing the box culverts with bridges could result in costs exceeding $ 3M. To date there has been no interest by others to partner with the City on the option of full daylighting of the creek. A draft purchase agreement has been prepared for the reduced sales price of $1.5 M which includes provisions for: - A joint cooperative re-plat of the property as identified in the previous proposal of Shingle Creek 6th Addition (to simplify the lot configuration and expand pad site Q). - Cross parking and access easements with cost sharing formula for the parking improvements to serve pad sites M & 0 and the developer's future development of pad site L and N-S. - The assignment of the Shingle Creek Crossing property maintenance costs for these 3 lots ($5,000 each) with the provision that Shingle Creek Crossing will cover the operational and maintenance costs of the pond areas and water features. Additional improvements proposed to be funded as TIF 5 Pooled Expenditures and/dr TIF 2 Inter-Fund Loan repayment includes: The access and pedestrian movements from 55 t"Ave. and Xerxes to the interior drive between Sears and former Food Court Building. The construction of a partial wall for buildings 9 & 10 that would function as a screening wall pending the development of these two building (back side of the Food Court Building. The estimated costs for both areas are estimated at approximately $250,000. These potential investments of tax increment funds have been identified in the Strategic Plan to renew interest and achieve the Council's Strategic Goal of completing the Phase II development of Shingle Creek Crossing by 2018. Policy Issues: Does the City Council believe it has sufficient information and understanding of the proposed redevelopment and investment opportunities within the Shingle Creek Crossing Project to proceed with the consideration of the purchase agreement and programing of TIF funds for the improvements to the western portion (Xerxes Ave. side) of this development? Strategic Priorities: Targeted Redevelopment Mission: Ensiiii,ig an attractive, clean, safe, inclusive community that enhances the quality of life for all people am/preserves the public trust 0 LU —I (I)C,, c1 1 ) I 0 1 ry '\ H •.:1 Pr ^j N // w 0 Li >:1D LLJ FL11 w >00 W ( W- 0 1 wcci :j w 10. ol 'Li ef IV WL N N p S 'S O 2 11P \./ 0 Declaration 383 1 00v5 JSB BR291-301 753793v2 \ '\ - H LJ' *: k1 2 VOA, ,jjJ%// I I' 1 H '. I / / I'L IT, I I I !--. \ H -H \ 11-ri el CO *X \ \\ \ 1/ 3- 4 I, \W \\\ 1,; • - // . / / - '/' /' . — ) •' 1(0 rz Alc I T Work Session Minutes July 25, 2016 DISCUSSION ON THE ACQUI SI TION[I)IIS] I sI II!i'AWITHINli• THE :i Ib(II m CREEK1 CROSSING DEVELOPMENT Mr. Eitel provided a presentation on this item and some background. Mr. Eitel stated whatever route is chosen it would be money from TIF 5 for this project. He stated he believes there are ways to get creative to move the funds around from current projects in the works to make this happen, he believes it will succeed in the future. Mayor/President Willson stated this plan expands out further than he realized and creates a water run-off. He stated he is wondering if the box culvert that goes away could be used as a device to backflow that water back upstream and have it run back through like a conduit with whatever piping would be put in there. Mr. Eitel stated possibly, it would only need to be pumped back through. Mayor/President Willson stated making it more of a water amenity could possibly create more options for funding approval from the Watershed Commission as well. He stated he likes the concept of the plan and is in favor of it. Councilmembers/Commissioners Lawrence-Anderson and Ryan concurred with the plan. Councilmember/Commissioner Myszkowski stated she appreciates Mr. Eitel' s faith in the project and continued work on it. It was the consensus of the Councilmembers/Commissioners to move forward with the plan and Mayor/President Willson asked Mr. Boganey to keep the item moving forward. I ME1I1I011ANUM - COUNCIH{4 WOIIK SESS11011 DATE: July 25, 2016 '10: Curt Boguney. City Miuiager FROM: Gary Eitel, Director of Business & Development SUBJECT: Discussion on the acquisition of 3 lots within the Shingle Creek Crossing Development (planning foi ftill dayhghting of Shingle Creek). Recommendation: It is recommended that the City Council consider providing direction to staff regarding the potential acquisition of 3 lots within the Shingle Creek Crossing Development associated with the planning fin' the full dayligliting of Shingle Creek, Background. On January 12, 2009, the City Council adopted Resolution No. 2009-21, A Resolution Adopting the Shingle Creek Daylighting Study Framework Plan as a Development Guide for Creek Enhancements and Planning for the Redevelopment of the Brookdale Mall and Opportunity Site. The Framework Plan included the following strategic priorities for the Brookdale Mall portion of the creek which were discussed with the previous Mall owner and the prospective new owner of the Mall with both parties receptive to working with the City to include the following design principals into their redevelopment plans: 1.A new daylighted, low-flow creek channel that incorporates a meandering alignment, substrate diversity, riffles and pools, and native riparian vegetation that will restore ecological function and facilitate fish migration. 2.A culvert under the new mall entrance that will direct low flows to the new daylighied channel, but restrict high flows, forcing the water to overtop the existing weir and into the existing box culvert. This allows for a relatively narrow creek corridor at the surface, 3, The aesthetics of the new daylighted creek will provide a soil green envii -onment that is pleasant to view and pass through year-round. 4.The new creek corridor will provide aesthetic and recreational value that supports parcel redevelopment adjacent to the creek. 5.The new creek corridor will he an identity-giving element for the area 6. Redevelopment adjacent to the creek should consist of entertainment-based retail uses that take advantage of creek views/access. iii,iiiii L'r.su,inr an n(h'acliic, eh'ui,, sufi', iclnsIv' eoinninn li that 'nha,nes the quality Of li/i' Jar (ill /(?O/)l' 11/1(1 pies'e'ne the pal/ic trust Mffi'MO:I[AN1{NJM COJNCL WC)iIK SESSON The 2010-11. Gatlin Development included this design framework in their planning concepts and preparation of tile PUD plans for the Shingle Creek Crossing Development As shown in their initial PUI) Master Plan. the plan included the partial day lighting of Shingle Cree.las a site amenity; continuing the use of the 10 I 2x 12' box culvei Is f ^lr major tlow of Shingle Creek, and the planning of a restaurant use overlooking the upper pomb ig portion of the creek and weir a multi-tenant retail building with end cap patio areas adjacent to the central portion of the parlial davlighling. and a junior box sit,, planned for Best Buy. (refer to 2011 Master Plan image below): - -• -r--11 •1 ThkcKi ,l\ ; • I;\.. ' • \A" '' " : 1 I\ I v,nviiL; t1 OP ,) 1 iL . - - 'HI H C REE K t_11Ud " The decision by Best Buy not to proceed with then - plans for Site Q, resulted in a redesign of this lot into two additional restaurant pad sites with patio areas. The new Pad Site Q included a large ponding area designed to enhance the Partial claylighiiiiig of Shingle Creek. The concepts also included consideration for a fountain (aeration) and a pumping station to lift the water from the southern portion of the creek to address drainage issues caused by the static water elevation oh the creek within the box culverts. l 1/s do,,: J,zstiujiu till ufli'uc/il 'e, c/eu?,, sti/t', lU il,t sit e c ominimbY M ill ci' illillecs th e qiuililj Oj 1/f /iu it/I jll'()/)if 11)111 plv.sfI 'c iii t' pit//li MEMORANDUM - COUNCIL WORK SESSJ[ON : &JLkAj Wfl()i (J 0 COUNTY ROAD 401 io !.JMi •S A .. .4 .WJJJJ L-.)'AAAJW 000000d .: . . (-U NL. 4 f ' A / all CP 1?I / t op . Na 0" I .,TUIG DA IT( . ) FILIRi1I Irj SHINGLE CREEK CROSSING BROOKLYN CENTER, MN \Vhile Gatlin Development is optimistic that leasing activity of the current vacancies is picking L11). the sluggish market activity has placed the development ol additional commercial buildings on hold. While it is our opinion that gi\en time, there will be positive changes to our market area that will be driven by successful projects, such as the market rate apartments planned for the Opportunity Site, and these successes will lead to more private investments into new businesses opportunities and real estate ventures. During in the interim, stall has been considering options and opportunities that would he complementary to the cicvclopmermt, promote the City S \'ISlOfl and future development plans, and the Developer's strategies to complete this project. The full daylighting of Shingle Creek is such an opportunity which can be accomplished th.rough the acquisition of 3 lots adjacent to the creek (approximately 1 72,000 s[) that the Developer is willing to sell to the EDA for the mortgage value ofSl ,7M. 1Ji..6;ii: Eu viiiii an till) /h tiI', ia'iiu .%(t/L', i'l' 'Iii,sit'co) III? III JIIO III it/ //// fmcev lilt' if ititli i 'tf lift' Jui 1 1 /1 people (1/1(1 /11 ('Sill '('.1 lii ( public lisi.',t MEM.ORANJDUM COUNCUL WORK SESSJION T T? T' - ;11 L-LLk, .4LA rnHIH ", \ \ \ \/ \\\ \\ \y ' \ / I ?400J / 2 - . . S SMALL kETAIL',-.SHO REI To rs AnDFD AIL UL C •UAUEtJ RESTAURANT / SYMBOL LEGEN The following illustrates a concept that removes the two 12x 12' box culverts and accomplishes the full daylighting of Shingle Creek with ponding area that include aeration/fountains. The ConCept niaintains the option for two freestandingrestaurant pad sites with patio areas oven ooking the ponds. : : I FYI T 5--- ••gi1 A^^, '\ eLOOK, -*151 5-5-555-55.1 - \ Lor'i4. -' 5> 01 w1 ;b\ \ç itA \ \ ]B LOC K N -::c- \ \ 7 ,- \\ :51 ! __5/ >_' rOSJf5- L w&T:(________ I In' kA $3k'J(I] 1II mJyA I1IJh1[ 1!JLIJN q%1i*'ij [SAil Policy Issues: Is the EDA/City Council interested into proceeding with the acquisition of lots within Shingle Creek Crossing to facilitate opportunities for the full daylighting of Shingle Creek? Does the EDA/City Council support the use of Tax Increment generated from the Shingle Creek Crossing Development to fund opportunities for the full daylighting of Shingle Creek? filisslo,,: Ensuring un attractive, clew:, safe, inclusive Cu,,:,, :uuh(p (hat enhances the quality of life fir all people and preserves the public (lust LJLJ F' LiT1 LIJ (Jp) _ J t 0-3 00 Rq II C f f - 0 Lt vfl010Ln 0 (H ' Ej1 iTh j r3 © 0 \'. \ bt U 'e;p i^4r cr- ui LU N I 4 ç )N 'H:H H H'>W j J ED U it- VA 0 IV j: Li vJ. AN Z L;T, .4 3a - ;- '.t •p ; t$' : ! :1! qHS 0: ) f, >jg 0 )jffj Ln -Lr)Q: LU LULu IIJ LU LJO , LJ - I LiD I • ;,,'•_,• it 1. Lw ____ Kt __ I jwI It 1J •" ci- FR r -L ki \I. ii I- 4i!(,ap IDUi ro fu 4 i I 1t I' • II I I \\ \ '\ I y( •\\' •. I-', 1:.I . '.f I•• •: • IIkMi' \\•• :L : . cu WI! 0 00 I.- E 0)>0 0= 0) Dl >ID0 0 0)EDl0) 76 00 Ui E Ui w U w 01 o /o H E 01 w u W IN "1t / k / (. If E>0 &'ar —u1r rJ.I I E•1 •a cu cu > U 4 • L __ *'T' ch - kjQ CO tJ ll oci (i g £TiJ nt1 [1 E g oc n '.1J)IT ____ fl fl:J CR 4 I - I cp t1 IJ - Wd NOISWd)l9O NV 31N3 NA1)1COalo'doivnto zz 1r'\ Um\ c\\ \-T \\\\ C\ h 11 I- ... / - • I F / Q. [_.L. II !L_ - -- - U - •t3i, • 1 I LL .I I / ER / E1 I F I I ;,/ Ei irI I uuumuElI A— WNPIHIDOR I / EEH 1 / ________ iJq iI1 I I I I 'Sn c:1 c000 Rd pq on) © w=0 OJ Ln 0 0 W 0 0 = ==cu 0 0 cuo==>W 0 > n= OJ 0 o u=(p (i DO uE waUo o = _ uuE_ LI 0i w _Ac4A bu ^=,OJ 0) w -^ 4M 0U=o0cU DE 0=Dj OJ OJ OU OHUDU [EI1IJ[IJ I fl I V ak Bh'A I Mh'A (I) 1I $1SJk'A I DATE: November 14, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development Nathan Reinhardt, Finance Director 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 providing for the competitive 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 42 and refinance the balance of the Shingle Creek Crossing pay as you go (PAYG) note. Background: On October 10, 2016 the City Council adopted a resolution setting the date for the competitive negotiated 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. We have attached a copy of the Official Statement which describes the bond sale in more detail. We anticipate that Standard & Poor's will confirm that the bonds will continue to be rated AA. Competitive proposals will be received by the City's financial advisor, Springsted Incorporated at 10:00am on November 14th 2016. Doug Green, Vice President of Springsted will be present at the Council meeting to answer any questions on the sale. Shingle Creek Crossing: 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: o $2.4 million inter-fund loan from TIF 2 through the Minnesota Jobs Bill and o $2.3 million PAYG note at 6% interest that would be repaid from tax increment revenue generated by the Shingle Creek Crossing Development. )I'Iission: Ensuring an attractive, clean, safe, inclusive corn/nullity that enhances the quality of life for all people and preserves the public trust [i1flhJ[iJ I I I DIkYA IYA I Dk! [I] 1I )1IJh!kI 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. At the September 26, 2016 the City Council Work Session the following items were discussed: 1. The structuring a bond issue to include the partial repayment of the $2.4 M Inter-Fund Loan.( $1 .7M) for the acquisition of the approximately 4 acres within the Shingle Creek Crossing Development and $2.0 M to refinance/pay-off the PAYG Note. 2 A potential budget strategy for Tax Increment District No. 5 to maximize investment opportunities within the Shingle Creek Crossing Development could be structured to include: Debt Service $350,000 (2018-2029) Admin Expenses $50,000 (10% of annual increment) Pooling Activities $50,000 (10% of annual increment) TIF 2 Inter-Fund Loan $40,000 ($700,000 balance) 4.The acquisition of these 4 acres to complete the full daylighting of Shingle Creek and reserve two pad sites for future restaurant opportunities. 5.Pending consideration on the feasibility of using a portion of this area to facilitate storm water management opportunities for the Opportunity Site and/or the redevelopment of the Kohl's Lot. A large portion of the tax increment generated in 2016 and 2017, projected to be in the range of $400,0004500,000, could be placed in a debt service reserve. When the remaining lots are developed, we estimate that more than $100,000 of annual tax increment will be generated during the period of 2021-2029. Budget Issues: The refinancing of the balance of the PAYG note is projected to save approximately $330,000 in interest expenses. The EDA is scheduled to consider formal action to pay-off the PAYG Note at their November 28th meeting. The $1.7 million partial repayment of the TIF #2 inter-fund loan will be deposited into the TIF 2 Fund, The 2011 TIF 2 budget amendment has provided the EDA with sufficient budget authority and discretion on the future use of the TIF 2 Inter-Fund Loan Repayment. Proceeds from the bonds will be received December 9th, 2016. Strategic Priorities: Targeted Redevelopment il'Iissioiz: Ensuring an attractive, clean, safe, inclusive conwilinity that enhances the quality of life fir al/people and preserves the public (just Redevelopment Opportunities and Tax Increment Investments within the Shingle Creek Crossing Development 03.13.17 Work Session Item #3 Background On July 25, 2016, the City Council Work Session included a discussion on the acquisition of 3 lots within the Shingle Creek Crossing Development (planning for full daylighting of Shingle Creek). The consensus of the City Council was a favorable response and direction to staff to keep moving forward on the following Policy Issues: Is the EDA/City Council interested in proceeding with the  acquisition of lots within Shingle Creek Crossing to facilitate opportunities for the full daylighting of Shingle Creek? Does the EDA/City Council support the use of Tax  Increment generated from the Shingle Creek Crossing Development to fund opportunities for the full daylighting of Shingle Creek? Discussion on the acquisition of 3 lots within the Shingle Creek Crossing Development (planning for full daylighting of Shingle Creek). Work Session Item #4 07.25.16 Power Point The 2010-11, Gatlin Development included the design framework of the Shingle Creek Daylighting Study in their planning concepts and preparation of the PUD plans for the Shingle Creek Crossing Development. The decision by Best Buy not to proceed with their plans for Site Q, resulted in a redesign of this lot into two additional restaurant pad sites with patio areas. Partial Daylighting inlet (East side) West Side Central Segment of Day lighted Improvements (looking South) Central Segment of Day lighted Creek segments (looking North) Southern Segment of Day lighted Creek Improvement Creek within Box Culverts (viewed from Hwy 100 bridge) The full daylighting of Shingle Creek is an opportunity which can be accomplished through the acquisition of 3 lots adjacent to the creek (approximately 172,000 sf.). The Developer is willing to sell to the EDA for the mortgage value of $1.7M. Obligations: $2.3M Pay as You Go Note $2.4M Inter-Fund Loan to TIF District 2 2016-2029-Annual Increment $498, 810 2029 Projected Cash Balance: Approx. $1.2M Background On September 26, 2016 the City Council Study/Work Session included a discussion on the structuring of a TIF 5 Bond Issue involving the partial refunding of the TIF 2 Inter-Fund Loan and refinancing the balance of the Shingle Creek Crossing PAYG Note.The following items were discussed: The structuring a bond issue to include the partial repayment  of the $2.4 M Inter-Fund Loan.( $1.7M) for the acquisition of the approximately 4 acres within the Shingle Creek Crossing Development and $2.0 M to refinance/pay-off the PAYG Note. Pending consideration on the feasibility of using a portion of  this area to facilitate storm water management opportunities for the Opportunity Site and/or the redevelopment of the Kohl’s Lot. Background On November 14, 2016, the City Council approved the Sales of 2016 B General Obligation Tax Increment Refunding Bonds and 2016 C Taxable General Obligation Tax Increment Refunding Bonds. The PAYG Note has been paid off and $1.7 M has been deposited into the TIF 2 Fund. A draft purchase agreement has been prepared for the reduced sales price of $1.5 M which includes provisions for: A joint cooperative re-plat of the property as identified in the  previous proposal of Shingle Creek 6Addition (to simplify the lot th configuration and expand pad site Q). Cross parking and access easements with cost sharing formula for  the parking improvements to serve pad sites M & O and the developer’s future development of pad site L and N-S. The assignment of the Shingle Creek Crossing property maintenance costs for these 3 lots ($5,000 each) with the provision that Shingle Creek Crossing will cover the operational and maintenance costs of the pond areas and water features. These potential investments of tax increment funds have been identified in the Strategic Plan to renew interest and achieve the Council’s Strategic Goal of completing the Phase II development of Shingle Creek Crossing by 2018. Policy Issues Does the City Council believe it has sufficient information and understanding of the proposed redevelopment and investment opportunities within the Shingle Creek Crossing Project to proceed with the consideration of the purchase agreement and programing of TIF funds for the improvements to the western portion (Xerxes Ave. side) of this development?