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2017 03-27 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION March 27, 2017 6:00 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. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center March 27, 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 meeting. A copy of the full City Council ring binder is located at the podium. turn off cell phones and pagers during the packet is available to the public. The packet 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.March 13, 2017 —Regular Session 2.March 13, 2017— Work Session b. Licenses C. Resolution Accepting Bid and Awarding a Contract, Project Nos. 2017-01, 02, 03, 04 and 07, Evergreen Park Area Street, Storm Drainage, Utility, Trail and Parking Lot Improvements d. Resolution Approving the Seventh Amendment to Joint Powers Agreement for Street Maintenance Activities e. Resolution Accepting Bid and Authorizing Award of Contract, Improvement No. 2017-06, Contract 17-C, 2017 Street Seal Coating CITY COUNCIL AGENDA -2- March 27, 2017 f.Resolution Establishing Improvement Project Nos. 2017-10 and 2017-11, 2017 Pavement, Traffic Signal System and Trail Rehabilitation Improvements (69th Avenue and France Avenue) g.Resolution Reaffirming City Authority to Manage Public Rights-of-Way h. Resolution Approving an Amended and Restated Easement for Highway and Utilities Over City Property (Crescent Cove) 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Dan Schueller for His Dedicated Public Service on the Financial Commission Requested Council Action: —Motion to adopt resolution. 8.Public Hearings a. Continued Proposed Special Assessments for Diseased Tree and Weed Removal Costs —This item was first read on February 13, 2017; published in the official newspaper on February 23, 2017; offered for Public Hearing on March 13, 2017; and is continued this evening. Requested Council Action: —Motion to reopen 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. 9.Planning Commission Items —None. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.6131 Bryant AveN 2.7024 Morgan Ave N 3.6900 Regent Ave N 4.4714 Wingard La CITY COUNCIL AGENDA -3- March 27, 2017 5.Resolution Approving a Type IV 6-Month Provisional Rental License for 2806 65th Ave N 6.Resolution Approving a Type IV 6-Month Provisional Rental License for 6812 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. b. Mayoral Appointment of Member to Serve on Financial Commission Requested Council Action: —Motion to ratify Mayoral appointment. C. Mayoral Appointment of Member to Serve on Planning Commission Requested Council Action: —Motion to ratify Mayoral appointment. 11.Council Report 12.Adjournment EDA MEETING City of Brooklyn Center March 27, 2017 AGENDA 1.Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the podium. 2.Roll Call 3.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. February 13, 2017 —Regular Session 4.Commission Consideration Items a. Resolution Authorizing the Acquisition of Blighted Property in Connection with the Remove and Rebuild Program (5315 James Avenue North) Requested Commission Action: —Motion to adopt resolution. 5. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 27, 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.Discussion of Brooklyn Center Branding & Identity Campaign 2.Conducting City Council Business Electronically 3. TIF Funding Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Water Meter Failure Update - April 10 2.Liquor License Regulations - April 24 3.South Opportunity Site Development -April 10 4.Sunday Liquor Sales 5.Community Dialogue -April 10 6.Branding & Identity Final Report isfl Rem uEIW. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 13, 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 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, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Willson opened the meeting for the purpose of Informal Open Forum. Roger Kloster, 7223 Lee Avenue North, addressed the City Council. He asked why they are changing the logo and stated it seems like a waste of money. He stated the City should focus on bigger problems such as the odor in water and people on the streets asking for handouts. Mark Anderson, 5330 Northport Drive, stated he is in the marketing field and feels the logos presented for the new City logo are not professional and the City should question the firm they hired and look for different options. Brian Fellegy, 7005 Unity Avenue North, stated there is an overwhelming response on social media that a lot of people feel the new logo choices are complex to understand and don't care for any of the choices provided. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 2.INVOCATION 03/13/17 -1- DRAFT Councilmember Butler read one quote by Maya Angelou and a second quote by Michelle Obama as the in Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were 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, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. At the invitation of Mayor Willson, 2017 Youth in Government Candidates Daniel Moreno, Park Center Senior High School; David Moreno, Park Center High School; Francis Best, Brooklyn Center Secondary; and Pierre Lawhon, Brooklyn Center Secondary, were also present. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the March 13, 2017 Agenda item 8c, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.February 27, 2017 - Study Session 2.February 27, 2017 - Regular Session 3. February 27, 2017 - Work Session 6b. LICENSES MECHANICAL Airtech Heating and Cooling Air Quality Service Cool Air Mechanical, Inc. Fireplace Gallery 490 Villaume Avenue #300, South St. Paul 7900 Excelsior Boulevard #750, Hopkins 6120 Earle Brown Drive #100, 1544 134 ' Avenue 433 East Main Street, Anoka 03/13/17 -2- DRAFT RENTAL INITIAL (TYPE III— one-year license) 7018 Drew Avenue North INITIAL (TYPE II— two-year license) 5601 Camden Avenue North 7157 Unity Avenue North RENEWAL (TYPE III— one-year license) 2401-03 54TH Avenue North 7131 Halifax Avenue North 7224 Logan Avenue North RENEWAL (TYPE H— two-year license) 7250 West River Road 5440-44 Bryant Avenue North 5856 Dupont Avenue North 5101 Eleanor Lane 5556 Emerson Avenue North 4207 Lakeside Avenue North, #329 5728 Logan Avenue North RENEWAL (TYPE I— three-year license) 6109-11-13 Beard Avenue North 3512 72nd Avenue North 6628 Camden Drive 5400 Sailor Lane 5842 York Avenue North Michael Bocko Mike Pederson Melissa Pickar Karboy Properties LLC Open Hands Inc. (missing 1 ARM Meeting, cpted follow-up) Douglas Schmertan Paul Barli Traiten Gunderson Jack Steven Froelke Michael Potaczek John Reider Sherry Hill Konstantin Ginzburg James & Bobbie Simons Chen Xuan Zhou Marie Rickmyer Infinite Property LLC Melissa Hood TRANSIENT ACCOMMODATIONS - LEVEL I Brooklyn Hotel Partners, LLC 6300 Earle Brown Drive 6c.RESOLUTION NO. 2017-35 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 6d.RESOLUTION NO. 2017-36 AUTHORIZING TERMINATION OF TRAIL AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND THREE RIVERS PARK DISTRICT, HENNEPIN COUNTY, MINNESOTA 6e. RESOLUTION NO. 2017-37 APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 03/13/17 -3- DRAFT (POLICE COMMANDERS AND SERGEANTS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2017-2018 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a.BROOKLYN BRIDGE ALLIANCE FOR YOUTH UPDATE Rebecca Gilgen, Brooklyn Bridge Alliance for Youth Executive Director and Francis Best provided a PowerPoint presentation on Brooklyn Bridge Alliance for Youth, Motivation Day, and BrookLynk. Councilmember Ryan moved and Councilmember. Butler seconded to accept the Brooklyn Bridge Alliance for Youth Report. Motion passed unanimously. 7b.PROCLAMATION DECLARING MARCH 13, 2017, AS YOUTH IN GOVERNMENT DAY Mayor Willson read in full a Proclamation Declaring March 13, 2017, As "Youth in Government Day" in the City of Brooklyn Center, Minnesota. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt the Proclamation Declaring March 13, 2017, as Youth in Government Day. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2017-01 AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO TRANSIENT ACCOMMODATIONS AND THE PAYMENT OF PROPERTY TAXES Deputy City Manager Edwards introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to, open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. 03/13/17 -4- DRAFT Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE NO. 2017-01 Amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes. Motion passed unanimously. 8b. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS Deputy Director of Building and Community Standards Anderson introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Edythe Potter, 5712 Girard Avenue North, addressed the City Council regarding item 8b 1. She stated the City cut down a tree on her lot without telling her. She stated she was working on getting the funds to take care of it but stated she is on disability and couldn't afford to do it right away. She noted the tree wasn't falling down or causing any danger so she feels they had no reason to act without even telling her. Mayor Willson stated Ms. Potter's address will be deferred until the next City Council meeting when the staff will have a response to her statements prepared and noted Ms. Potter should come and be prepared to share her statement if she would like to do so. Chris Hagen, 6217 Major Avenue North, addressed the City Council regarding item 8b2. He stated during the spring he had a knee injury and his lawn mowing got behind. He also noted his mower had stopped working during that time, and a week went by without him being able to mow it. He stated it was clear that action was being taken on his part due to his partially cut lawn. He stated instead of being charged a fee for the City to mow his lawn he would have liked the City to address the issue with him so he could have made them aware that he was working on correcting it. Mayor Willson stated Mr. Hagen's address will be deferred until the next City Council meeting when the staff will have a response to his statement prepared and noted Mr. Hagen should come and be prepared to share his statement if he would like to do so. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. 03/13/17 -5- DRAFT 1.RESOLUTION NO. 2017-38 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS - Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2017-38 Certifying Special Assessments for Diseased Tree Removal Cost to the Hennepin County Tax Rolls, with exclusion of the property at 5712 Girard Avenue North. Motion passed unanimously. 2.RESOLUTION NO. 2017-39 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-39 Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls, with exclusion of the property at 6217 Major Avenue North. Motion passed unanimously. • 8c. IMPLEMENTATION OF A BODY WORN CAMERA PROGRAM Chief Gannon introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Mayor Willson stated his only concern regarding this is losing data if they have a server outage. Chief Gannon stated the data is backed-up to another system so if that would occur they always have another back-up. Councilmember Graves asked if the cameras can be tampered with and evidence could be removed. Chief Gannon stated the data from all cameras is automatically saved for a minimum of 90 days, so if something was misclassified by accident or intentionally, they will be able to retrieve it and correct the classification. Mayor Willson stated he is a big supporter of these cameras for the officers and the citizens. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Tim Harrleson, 1207 77 ' Avenue North, addressed the Council and asked Chief Gannon when they anticipate using these. Chief Gannon stated they hope to have some rolled out to officers within 60-90 days. 03/13/17 -6- DRAFT Brian Fellegy, 7005 Unity Avenue North, asked Chief Gannon how far back the recording on car video footage will go. Chief Gannon stated it will, automatically back-up to 30 seconds and that is for the body cameras as well. Pierre Lawhon asked if an officer can look at the footage for their own camera at any time. Chief Gannon stated yes, they can look at their own footage anytime they want, noting it is useful and encouraged to do so before they file their incident report to ensure accuracy. Lawhon asked if using these cameras is really necessary or are they implementing these due to pressure from the public. Chief Gannon stated he feels any officer in the field without one right now is at a disadvantage because people have phones that capture only a few seconds of an incident and that misrepresents a situation sometimes, so having these will capture the entire story of what happened so it's a benefit for everyone. Sheilah Miller, 3706 53rd Avenue North, asked how secure the cameras are and if they will break easily in a scuffle. Chief Gannon stated the cameras have a very strong and secure magnet that holds through the toughest clothing. He stated it isn't fool proof but is pretty good. Ms. Miller asked who can see the video footage if there is an issue. Chief Gannon stated currently, per State law, if you are the subject of the video; you are able to see it and request a copy of the video and do whatever you want with it. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS None at this time. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 1 Oal through 100. lOal. 6501 BROOKLYN DRIVE 10a2. 3901 BURQUEST LANE 100. 6242 SCOTT AVENUE NORTH Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 03/13/17 -7- DRAFT 6501 Brooklyn Drive; 3901 Burquest Lane; and, 6242 Scott Avenue North, Approving a Type IV Rental License, 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 28, 2017: Attended MAC Meeting • March 9, 2017: Attended and hosted Brooklyn Center Lions Club Leadership Meeting • March 13, 2017: Attended a meeting with Student in Government Youth Candidates • March 16, 2017: Attending Brooklyn Center Neighborhood Watch Captain Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • March 1, 2017: Attended Odyssey Academy Training • March 6, 2017: Attended Odyssey Special Meeting Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • March 3, 2017: Attended YIPPA Event • March 10, 2017: Attended You Rock Youth Workers Event Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • February 28, 2017: Attended MAC Meeting •. March 7, 2017: Attended Annual Empty Bowls Event as the VIP guest o March 11, 2017: Attended Community Forum on Race Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • March 9, 2017: Attended the Blueline CMC Meeting 12. ADJOURNMENT Councilmember Graves moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:33 p.m. Motion passed unanimously. 03/13/17 -8- 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 MARCH 13, 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 8:34 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 Deputy City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa- Daniels, TimeSaver Off Site Secretarial, Inc. DRINKING WATER UPDATE - STEVE LILLEHAUG Public Works Director/City Engineer Lillehaug provided background and presentation on this item. He stated the water treatment plant gives up clean water with almost no traces of magnesium. He stated the systems have flaking of manganese within the pipes coming off that they hope will continue to be flushed out and in the flush during the spring. He stated they are aware they have work to do but they continue to work through it and they feel they are at the best levels possible right now. Councilmember/Commissioner Ryan asked about the reason they are not going to convert to the other chioramination process, and noted it is not based on monetary reasons alone. Mr. Lillehaug stated that is correct, it will cost more money to do that but it isn't the reason they are not switching to it. He stated it is not the safest option. He stated they don't have all the answers yet, but they continue to wait for results from the EPA and for other options. Mayor/President Willson stated the water can put lead into the water. Mr. Lillehaug stated iron and lead is being leached from our own pipes old joints and pipes. Mr. Lillehaug stated they will be doing more vigorous flush outs this spring to try to get more things flushed out. He stated it should help stabilize the system faster. He stated they will be educating people on how to flush their own pipes at home. Mr. Lillehaug said community survey results were fairly positive regarding the quality of drinking water; 14% rated excellent and 69% rated good. He stated there are issues out there and 03/13/17 -1- DRAFT they will continue to make changes but are pleased they have made some progress towards getting it right. He noted they are going to be having a third party peer review which can hopefully help come up with other solutions. Mayor/President Willson stated there are a lot of cities that have put in water treatment plants and many residents have noted in those cities there is an ammonia taste and smell initially but over time they have worked themselves out. Councilmember/Commissioner Graves asked if the hot water makes a difference in the amount of manganese that comes out of the pipes. Mr. Lillehaug stated hot water heaters are one of the main components for the manganese issues and build up. Councilmember/CommisSiofler Graves asked if they are going to work with apartments on their water. Mr. Lillehaug stated yes, they will be working with all landlords to educate them on how to flush and change it. Councilmember/Commissioner Lawrence-Anderson asked regarding the hydrant flushing, will there be a schedule on the flushing and that residents can take notice of what to do and not to do. Mr. Lillehaug stated they will let people know they are doing it and will be posting signs all over the City regarding when certain areas will be flushed. Councilmember/Conmiissiofler Butler asked what the process is for people who have a complaint on their water. Mr. Lillehaug stated if people can email or call with issues. He stated it is a case by case issue. Councilmember/CommissiOner Ryan stated he would like to see the EPA report on chioramination, and he understands the water can't be perfect but would like to see it be the best possible. The majority consensus of the City Council/EDA was to have Mr. Lillehaug proceed with the process and continue to report back on the findings. REDEVELOPMENT OPPORTUNITIES AND TAX INCREMENT INVESTMENTS WITHIN SHINGLE CREEK CROSSING DEVELOPMENT - MR. EITEL Director of Business and Development Eitel provided a presentation on the background and status of these items. Mayor/President Willson stated he is happy moving forward with this plan and noted it is two- fold in which it could entice more people to come into the City and it will correct the pond look and feel. Councilmember/Commissioner Ryan asked if Mr. Gatlin had quoted a monetary contribution towards the storm water drainage. Mr. Eitel stated he is contributing a set amount. Councilmember/CommissiOner Ryan stated he believes this is the best way to change the issues in Shingle Creek Crossing. 03/13/17 -2- DRAFT It was the consensuses of the City Council/EDA to have staff continue with their current plan for Shingle Creek Crossing. ADJOURNMENT Councilmember/Commissioner Graves moved and Councilmember/Comrnissioner Lawrence- Anderson seconded adjournment of the City Council/Economic Development Authority Work Session at 9:45 p.m. Motion passed unanimously. 03/13/17 -3- DRAFT City Comdli Agenda Rem N©0 6b iIi1IJ[iJ I fl N N ak'A LA I ak'À [1) 1I I1$A'À1 DATE: March 21, 2017 TO: Curt Boganey, City Manag3 FROM: Rozlyn Tousignant, Deputy City Clerk 'S< SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on March 27, 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 Absolute Mechanical LLC Airics Heating LLC Corporate Mechanical DJ's Heating & Air Cond Do Pham Inc GV Heating & Air INVC Harris Companies Home Energy Center Horwitz INC J Berd Mechanical K & K Mechanical Marsh Heating & A/C Sabre Plumbing, Heating & A/C SCR, INC RENTAL See attached report. SIGN HANGER A-Sign & Screen Printing Co Leroy Signs, Inc. 7338 Ohms Lane, Edina MN 55439 2609 West HWY 13, Burnsville MN 55337 5114 Hillsboro Ave N, New Hope MN 55428 6060 LaBeaux Ave NE, Albertville MN 55301 3455 124th Cir, NE, Blame Mn 55449 5812 West Broadway Crystal MN 55429 909 Montreal Circle, St. Paul MN 55102 2415 Annapolis Lane N., Ste. #170, Plymouth MN 55441 4404 Quebec Ave N, New hope MN 55428 3308 Southway Dr, St Cloud MN 56302 8751 Palmgren Ave NE, Otsego MN 55330 6248 Lakeland Ave N, Brooklyn Park MN 55428 15535 Medina RD. Plymouth MN 55447 604 Lincoln Ave NE, St. Cloud MN 56304 708 Lowry Ave N, Minneapolis MN 55411 6325 Welcome Ave Brooklyn Park MN 55429 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [Ei1SJ[J I V V D4 U!A I 3k' (I) 1I )1IA I Rental License Category Criteria Policy - Adopted by City Council 03-0840 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 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 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 Budget Issues: There are no budget issues t6 consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust •- 4-'+ D 00 0 -4 0000000000z-. 0 -4 —z -D — ——— —a)4-' 0)-D C')N ZT Or')CO N N 00 Q0 —— —--—a)U, 04- U, 7:CO0I-Co cuu cu 2>—(OE-5 ,IEW a)•( 0)0) Ul fl (-)a)0 2 Co I-.c E U C Co C >' cuCo•U''0-'(1)Cl) °0 U'a)V) _.>-Co 0)U'—0 —U'C U'4-'U'Co a)CCo C: cu>-C Co 00 0C a)oC CO >'-a) U >--'r'4 - U' II =U'—Co a)a)(I)(I)0)0)a)a)a)Cl)a)0)0.)Cl)Cl)—>a)><C C C C C C C C C C C C C C C Cl)a)a)Cl)Cl)a)0)0)0)a)a)0)0)a)a)--a)4-' w cc cc 0.>— 0 2 >-== =====U'EEEEEEEEEEEEEW>== E 4-'Co Co Co Co Co Co Co — Co Co Co CoLL CoIL (0IL U'CflU'C:(0 Co 4-'LL.LL U IL.IL LL U IL IL U LJ T0)Co 0.0 0.0 Co 0.0 Co 0.0 Co Co Co Co Co Co—ooN -E E E E E •E — -CL o 0 LU•Z 0 E 0-)ai •Z Z t ZZ0)Co a)Z I 0)0)>0.CLDO.<c,- 4-1U' tIC tIC E Cl)0.0--•-C -XL = —ai Lfl — .e-'U's-3 Cfl_4-'N -I N N '.-_>Co-I Cl)(I— C)X U' (0 u (3) - 10 #,10 (!) 0 10 La La N N N IL 2 •NE N _ N N NO -1 N-(NC')0N N-1 N0 N(fl 11- 000 Lr)0 Ln.-'- -' *CLr1NCo'-00 N0.-0N 0CO 00)U)CO CO N C')N (fl -1 (.0 * *= i(Wcfll-m < AgendaiItem [I[I1IJEIJ I fl I V DIT4 UYA I OIhYA (I) 1WI WJhYA I DATE: March 21, 2017 TO: Curt Boganey, City Manage') FROM: Steve Lillehaug, Director of Public Works/City Engineer THROUGH: Mike Albers, Project Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2017-01, 02, 03, 04 and 07, Evergreen Park Area Street, Storm Drainage, Utility, Trail and Parking Lot Improvements Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to Ryan Contracting Company, for Improvement Project Nos. 2017-01, 02, 03, 04 and 07, Evergreen Park Area Street, Storm Drainage, Utility, Trail and Parking Lot Improvements. Background: Bids for the Evergreen Park Area Street, Storm Drainage, Utility, Trail and Parking Lot Improvements, Project Nos. 2017-01, 02, 03, 04 and 07, were received and opened on March 17, 2017. The bidding results are tabulated below: BIDDER Ryan Contracting Company Northwest RL Larson Excavating, Inc. Kuechie Underground, Inc. S R Weidema, Inc. Northdale Construction Company, Inc. TOTAL BASE BID $7,565,719.04 $7,586,639.00 $7,621,336.05 $8,217,971.64 $8,566,602.80 $8,663,069.20 Of the six (6) bids received, the lowest bid of $7,565,719.04 was submitted by Ryan Contracting Company of Elko, Minnesota. Ryan Contracting Company has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $7,565,719.04 is within the 2017 budgeted amount. The total estimated budget including contingencies, administration, engineering and legal was $11,927,000 and is amended to $9,882,456.94, an approximate 17.1 percent decrease (see attached Resolution - Costs and Revenues tables). The portion of the Evergreen Safe Routes to School (SRTS) sidewalk/trail improvements, Project No. 2017-05, that was approved as part of the overall project will be bid under a separate project and constructed separately from this project due to the federal funding process requirements. Mission: Ensuring an attractive, clean, safe, inclusive co,n,nuniiv that enhances the quality of life for all people and preserves the public trust ii[I1IJ[i1 I N I I Dk'A L'A I ahYA [I) 1I I1U'A I This will be a parallel project occurring concurrently with the main reconstruction project. The estimated cost for this separate trail and sidewalk work is approximately $404,000, which includes $60,000 of funding from the Evergreen project to account for boulevard restoration work that falls under the Evergreen expenses but was shifted to the trail project for ease of construction. Additionally, $13,051 of work was added to the Evergreen project for the removal of the existing CenterPoint Energy gas main, which they plan to replace concurrently with the City's project. CenterPoint Energy will reimburse the City for this work, which is included in the Contract. Strategic Priorities:• Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2017-01, 02, 03, 04 AND 07, EVERGREEN PARK AREA STREET, STORM DRAINAGE, UTILITY, TRAIL AND PARKING LOT IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2017-01, 02, 03, 04 and 07, bids were received, opened and tabulated by the City Clerk and Engineer on the 17th day of March, 2017. Said bids were as follows: Bidder Ryan Contracting Company Northwest RL Larson Excavating, Inc. Kuechle Underground, Inc. S R Weidema, Inc. Total Base Bid $7,565,719.04 $7,586,639.00 $7,621,336.05 $8,217,971.64 $8,566,602.80 Northdale Construction Company, Inc. $8,663,069.20 WHEREAS, it appears that Ryan Contracting Company of Elko, Minnesota is the lowest responsible bidder; and WHEREAS, said plans and specifications for the Evergreen Safe Routes to School (SRTS) sidewalk/trail system improvements, Project No. 2017-05, will be bid under a separate project due to the federal funding process requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that The Mayor and City Manager are hereby authorized and directed to enter into a contract with Ryan Contracting Company of Elko, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2017- 01, 02, 03, 04 and 07, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues are as follows: RESOLUTION NO. Evergreen Park Area Street, Utility, Trail and Parking Lot Improvements, Project Nos. 2017-01, 02, 03, 04 and 07 Amended COSTS Estimated per Low Bid Contract $ 9,474,000.00 $7,565,719.04 Lighting $ 99,000.00 $ 97,737.90 Contingency $ 957,000.00 $ 768,000.00 Subtotal Construction Cost $10,530,000.00 $8,431,456.94 Admin/Legal/Engr. $ 1,053,000.00 1,047,000.00 Total Estimated Project Cost(Evergreen) $11,583,000.00 $9,478,456.94 Evergreen Safe Routes to School (SRTS) Sidewalk/Trail Improvements, Project No. 2017-05 Amended COSTS Estimated Estimated Contract $ 284,500.00 $ 334,000.00 Contingency $ 28,500.00 $ 33,000.00 Subtotal Construction Cost $ 313,000.00 $ 367,000.00 AdminlLegallEngr. $ 31,000.00 $ 37,000.00 Total Estimated Project Cost (SRTS) $ 344,000.00 $ 404,000.00 Evergreen Park Area and SRTS Total Estimated Project Cost REVENUES Street Assessment Storm Drainage Assessment Sanitary Sewer Utility Water Utility Fund Storm Drainage Utility Fund Street Light Utility Municipal State Aid (MSA) Fund Street Reconstruction Fund (Evergreen) Capital Projects Fund (Evergreen) Miscellaneous CenterPoint Energy Street Reconstruction Fund (SRTS) Capital Projects Fund (SRTS) Federal Grant (SRTS) Total Estimated Revenue $11,927,000.00 Estimated $ 1,112,985.00 $ 323,880.29 $ 2,060,000.00 $ 2,363,000.00 $ 1,476,119.71 $ 120,000.00 $ 680,000.00 $ 3,137,015.00 $ 310,000.00 $ -0- $ -0- $ 0.00 $ 68,608.00 $ 275,392.00 $11,927,000.00 $9,882,456.94 Amended per Low Bid $1,106,637.00 $ 316,260.29 $1,448,775.00 $1,873,492.00 $1,458,534.71 $ 118,737.90 $ 476,500.00 $2,462,450.74 $ 203,178.30 $ 840.00 $ 13,051.00 $ 60,000.00 $ 68,608.00 $ 275392.00 $9,882,456.94 RESOLUTION NO. March _27,_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. Hem RiNo. J I[O1IJEII I i ak4 L'A I akA [I) 1D]JJhYAI DATE: March 21, 2017 TO: Curt Boganey, City Mana'g FROM: Steve Lillehaug, Director of Public Works/City Engineer -f - SUBJECT: Resolution Approving the Seventh Amendment to Joint Powers Agreement for Street Maintenance Activities Recommendation: It is recommended that the City. Council consider approval of the resolution approving the Seventh Amendment to the Joint Powers Agreement (WA) regarding street maintenance activities (seal coating). Background: The City of Brooklyn Center has participated in a WA with the cities of Coon Rapids, Andover, Anoka, Fridley, Ham Lake, Columbia Heights, Mahtomedi, East Bethel and Circle Pines for purchasing roadway seal coating and other maintenance services. The intent of the agreement is to provide an opportunity to obtain lower unit bid prices by combining annual maintenance work for several communities into one project bid and to promote a more competitive bidding environment. Under the WA, the City of Coon Rapids administers the preparation of contract documents and project bidding. Members pay a fee relative to their respective construction costs to the City of Coon Rapids for reimbursement of legal and administration expenses for the contract. Each member community provides a list of various street maintenance activities to the City of Coon Rapids in February of each year. All quantities of street maintenance activities are consolidated into one set of contract bid documents. Each member community retains the ability to opt out of the contract by providing written notice to the Director of Public Works for Coon Rapids. The recommended and attached resolution would approve the proposed amendment to combine the 20-day comment period into the 30-day written opt-out notification period, affording the contractor more time to perform the contracted work, yet still allowing cities ample time to opt out should it be necessary. Budget Issues: There are no budget issues to consider. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE SEVENTH AMENDMENT TO JOINT POWERS AGREEMENT FOR STREET MAINTENANCE ACTIVITIES WHEREAS, representatives from the cities of Brooklyn Center, Coon Rapids, Anoka, Andover, Fridley, Ham Lake, Columbia Heights, Mahtomedi, East Bethel and Circle Pines (hereinafter collectively the "Cities") form the North Metro Regional Street Maintenance Consortium for street maintenance work including traffic markings, street sweeping, crack sealing, screening and seal coating for the purpose of gaining a financial benefit by combining this work for bidding purposes; and WHEREAS, the Cities operate and manage the consortium under the current Joint Powers Agreement (JPA) dated February 1, 2005, revised by Amendments First through Sixth; and WHEREAS, the current agreement includes a 20-day comment period and a subsequent 30-day opting out period once the bids are received; and WHEREAS, the new Seventh Amendment to the JPA combines and provides for a concurrent 30-day comment period and 30-day written opt-out notification period, which provides the contractor more time to perform the contracted work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute the Seventh Amendment to JPA regarding a modification to the comment and opt-out period. March 27, 201 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. Item itNo. COUNCW ITEM MEMORANDUM DATE: March 21, 2017 TO: Curt Boganey, City Managj FROM: Steve Lillehaug, Director of Public Works/City Engineer 5 SUBJECT: Resolution Accepting Bid and Authorizing Award of Contract, Improvement No. 2017-06, Contract 17-C, 2017 Street Seal Coating Recommendation: It is recommended that the City Council consider approval of the lowest bid and award a contract for the 2017 street seal coating activities. A map depicting the extent of the proposed work is also attached to this memorandum. Background: Construction bids for the 2017 Street Seal Coating Project were solicited as part of a Joint Powers Agreement (JPA) for street maintenance activities with the cities of Coon Rapids, Andover, Anoka, Fridley, Ham Lake, Columbia Heights, Mahtomedi, East Bethel and Circle Pines. The intent of this JPA is to provide an opportunity for participating cities to obtain lower unit bid prices by combining annual maintenance work for several communities into one project bid in order to promote a more competitive bidding environment. The JPA appears to be producing highly competitive bids for this work. Construction contract bids were collected and opened by the City of Coon Rapids on March 17, 2017. The bidding results are tabulated as follows: Bidder JPA Bid Amount Pearson Brothers, Inc. $1,929,012.13 Allied Blacktop $2,016,615.79 Asphalt Surface Technologies Corp. $2,205,017.94 Budget Issues: Of the three (3) bids received, the lowest bid was submitted by Pearson Brothers, Inc. of Hanover, Minnesota, in the amount of $1,929,012.13. Brooklyn Center's portion of the bid is $136,850 and is within the designated 2017 operating budget. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive conununiti that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2017-06, CONTRACT 17-C, 2017 STREET SEAL COATING WHEREAS, bids for the 2017 street seal coating activities were solicited under the Joint Powers Agreement (WA) dated February 1, 2005, et. al. subsequent amendments, pursuant to Minn. Stat. 471.59 for the purpose of combining together bidding purposes for street maintenance and servics; and WHEREAS, pursuant to an advertisement for bids, bids were received, opened and tabulated by the City of Coon Rapids on the 17th day of March, 2017, under the WA. Said bids are as follows: Bidder JPA Bid Amount Pearson Brothers, Inc. $1,929,012.13 Allied Blacktop $2,016,615.79 Asphalt Surface Technologies Corp. $2,205,017.94 WHEREAS, the overall lowest responsible bidder in accordance with the JPA contract is Pearson Brothers, Inc., and Brooklyn Center's portion amounts to $136,850. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The Director of Public Works is hereby authorized to order 2017 seal coating activities, pursuant to the WA for street maintenance activities, for Improvement Project No. 2017-06 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. Project costs shall be allocated as follows: Public Works Street Maintenance (43220-6404) $95,795 Municipal State Aid Fund (40200-6404) $41,055 March _27,_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. 1.PERRY CT. E. 2.PERRY CT. W. doDrE, LAjI II [ IJrflF -711-0 LLi L --- I ,72ND _ IN AV E(( ly Uw, 170TH AVE_ uj Lj j . 70TH. E. N. ______ Zf LIJLJi1UJ[ NjJ/Lj LU ra LULU0 LUJ-- I II - I ii 1 L>LIkLItULIOLLJ V III LA'. I L - AllJWGTL.LE.\N \ \ \ \ __ __ Ld I k INCHE'SE A IiA' I°)dT"' \ \ \k \ __________ flllBiH 65H'AfE LJiLJ LLLLI \ L UW1?1W L1 [ ___ ____ DR.z Legend 55,3 12 i11\' ITH Public Works Department 2017 Seal Coating Areas February 2, 2017 0250 500 1,000 Feet I I I I I Page lof2 JI i fl 9 - • '31\V jUlO9Vfflk N fl I010 flNJ - JAME !NVSVilF p I N9AVSV I -- I it ri INV0N0b iTh 7 jj - NP . M3 > H LI j •j\ (N 0 (N ci) 0)cuV. LL o (f) q LL LU a. H iL-Z LJJM-'V IN A LU U, T - az zi lhi qv. : BAV HONEIM T9NI2 ONV 11 Ll 11 1 Pvl -111VH 1 o NI1N I HIt - H VNVIGN LO WINI -IT IN 3A% tv nr 'IfAv 4imjnrl', Ld ui \\ C/)Cua) a) Cu 00 a)(I) 0 City C1u1rrlldll Agenda Ift©m N©0 6f [iII]Jk'[iJ I I I DI I I 3hY (I) 1I I1BJh'A I DATE: March 21, 2017 TO: Curt Boganey, City Man THROUGH: Steve Lillehaug, Director of Public Works/City Engineer $ FROM: Mike Albers, Project Engineer SUBJECT: Resolution Establishing Improvement Project Nos. 2017-10 and 2017-11, 2017 Pavement, Traffic Signal System and Trail Rehabilitation Improvements (69th Avenue and France Avenue) Recommendation: It is recommended that the City Council consider approval of the resolution establishing Improvement Project Nos. 2017-10 and 2017-11, 2017 Pavement, Traffic Signal and Trail Rehabilitation Improvements (691h Avenue and France Avenue). Background: 69th Avenue Improvements In accordance with the City's Capital Improvements Plan (CIP), the area referred to as the 69th Avenue Mill and Overlay from Shingle Creek Parkway to Dupont Avenue has been programmed for improvements in 2017 (see attached location map). The 691h Avenue Street Improvements project consists of approximately 6,900 linear feet of roadway length. This roadway was reconstructed in 1996. The area consists of approximately 30 residential properties, 6 multi- family properties and 11 commercial/industrial properties. The CIP calls for the roadway to be improved with a 2-inch mill and overlay of the pavement surface with minor concrete curb and gutter replacements and minor utility repairs. The CIP also calls for the replacement of the trail system along the south side of 691h Avenue from Shingle Creek to Dupont Avenue. A nine-foot wide trail section is proposed including 10 concrete pedestrian curb ramps. The primary source of funding for the project is through Municipal State Aid revenues (City's portion of gas tax and other State transportation tax sources) and Capital Project Funds. France Avenue Improvements In accordance with the City's CIP, the area referred to as the France Avenue Mill and Overlay from 69th Avenue to the north City limits has been programmed for improvements in 2017 (see attached location map). The France Avenue Street Improvements project consists of approximately 2,600 linear feet of roadway length. This roadway was reconstructed in 1997. The pavement surface is failing and is requiring increased maintenance time and expense to keep the pavement intact. The area consists of approximately 59 residential properties. Mission: Ensuring aii attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust [S1II[SJ I fl I 3hYA L'A I k'4 [I] )1IJiY I The CIP calls for the roadway to be improved with a 2-inch mill and overlay of the pavement surface with minor concrete curb and gutter replacements, minor sidewalk replacements, minor utility repairs and rehabilitation of the traffic signal system at the intersection of France and 69th Avenues. The primary source of funding for the project is through Municipal State Aid revenues (City's portion of gas tax and other state transportation tax sources) and Street Reconstruction Funds. Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence in advance of the project. This includes initiation of the public notification and participation process that consists of informing affected property owners; conducting field surveys; at least one public informational meeting; and an extensive amount of information and data collection. Initial design also includes detailed technical engineering work, underground infrastructure inspections, assessments and soil/geotechnical investigations. At this time, staff requests that the City Council establish these 2017 street improvement projects so investigative and engineering work may begin. Upon authorization by the City Council, the following actions would take place: Collect data, including field surveys, review traffic counts and review maintenance records. Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical investigations. Conduct a public informational meeting in the spring of 2017 to present initial findings to the neighborhood, and to gauge public interest in the improvement project. Commence preliminary design and prepare a feasibility report for review by the City Council. The City Council could then consider setting a date for a project hearing. Budget Issues: The improvements on 69 th and France Avenues are identified in the City's CIP with a preliminary project cost estimate of $1,872,000. The estimated cost for preliminary field work and preparation of a project feasibility report is $100,000. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2017-10 AND 2017-11, 2017 PAVEMENT, TRAFFICSIGNAL SYSTEM AND TRAIL REHABILITATION IMPROVEMENTS (69Th AVENUE AND FRANCE AVENUE) WHEREAS, the City's Capital Improvement Program (CIP) identifies specific streets for proposed infrastructure improvements in 2017; and WHEREAS, the City Council has reviewed the scope of proposed improvements for 69th Avenue from Shingle Creek Parkway to Dupont Avenue; and WHEREAS, the City Council has reviewed the scope of proposed improvements for France Avenue from 69th Avenue to the north City limits; and WHEREAS, the City Council desires to begin the process of information gathering, solicitation of public comments and preliminary design. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project No. 2017-10, 2017 Pavement and Traffic Signal System Rehabilitation Improvements (69th Avenue and France Avenue) is hereby established. 2.Improvement Project No. 2017-11, 69 th Avenue Trail Reconstruction is hereby established. 3. Staff is directed to begin field work, contact property owners in the neighborhood to obtain comments and input and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3.The City Engineer shall commence preliminary design and prepare a project feasibility report for review by the City Council in the spring of 2017. 4.Estimated project costs for preliminary field work, geotechnical investigations and sewer televising costs are as follows: RESOLUTION NO. COST AMOUNT Televising $6,000 Field Survey $9,000 Geotechnical/Drainage Investigation $10,000 Preliminary Design $75,000 Estimated Costs Total $100,000 REVENUES AMOUNT MSA Fund $_100,000 Estimated Revenues Total $ 100,000 March 27. 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. 0 AVr!A!01M IJ\ \\i4 1L, ceiT( H III M-L11 AV± ±E'- ----- jjj1OUflH JH i—Li \ J71 i 3 ___ IJ __JAME / NO N 9AVSV - I____ I I/uj i I fl UJI / ' / I WIiiThwI;. dBOBNI NMoNaiffiffiT JAV AN IF 'T, a E)LJ T E / r\ ( pflOZ LJ [\ I ) Noq / 1 Jill AvONflr Ic' City CouncH Agenda hern No. 6g [iIO1IJ[* ifl V V hh4 UhYA I alk'A [I] 16I flu A I These Bills would allow the unregulated placement of equipment on utility poles and "any other property a local government unit has an interest in and has made available for commercial purposes". Additionally, these Bills would prevent cities from negotiating zoning, rates, permit timelines and maintenance as it relates to the installation of emerging wireless infrastructure. This is an obvious concern for cities, including Brooklyn Center, as we maintain that local control is important and that cities must continue to have full authority regarding the use of public ROW to consider public health, safety and welfare concerns. While cities should support the SCW technologies, supporting these Bills undermine long standing precedent and weaken local control. Without proper oversight, the impacts to public infrastructure and opeiations would be significant and the costs would be borne by our citizens. Some specific issues that are a concern about the Bills are as follows: 1.Public Safety - If the City has no way of permitting SCW deployment within public ROW or City owned property, there could be serious safety issues and concerns for placement of poles, structures, cabinets and equipment. With no controls in place, these SCW operations could cause harm to both public and private property and infrastructure. The Bills open public property for anyone to form an LLC and install facilities without permits, then lease back to the big carriers without City compensation. Many of the poles that the City owns are made out of hollow fiberglass and could easily fail as they were never designed or intended to have equipment of this nature mounted on them. Failure of these poles could easily result in significant personal injury and property damage that would increase public costs and present the potential for costly litigation and claims payments. 2.Aesthetics - Consider the location, size and material of the poles that would be erected. Cities have zoning ordinances to help ensure that adjacent land uses are compatible with one another. Tall poles (perhaps as high as 100-feet) would clearly not be appropriate adjacent to many land uses, such as residential. Under these Bills there would be no control or limit on how many carriers could occupy space within the ROW, creating the possibility of dozens of questionable providers essentially speculating on the market. Businesses that fail may simply abandon their equipment in the ROW. Additionally, the City has invested heavily in decorative poles that have been installed in commercial areas such as along Bass Lake Road, Xerxes Avenue and Brooklyn Boulevard. These decorative poles were designed and purchased at significant public expense to complement the streetscape environment. They were never intended to have telecommunications or other equipment hanging off of them. To do so would undermine their very purpose. The public has made significant investments in these poles and in public ROW and must retain the right to control what gets installed or placed within or on it. 3. Maintenance/Upgrades - Every time these technologies require upgrades or enhancements, or become obsolete, the equipment requires changes. Obstructions in the ROW are occasionally damaged by motor vehicles. Who is responsible for maintenance, removal, painting, fixing and other emergencies? Response by big carriers is typically very slow. Mission: Ensuring an attractive, clean, safe, inclusive comlnumty that enhances the quality of life for all people and preserves the public trust I[I1IJ[iJ I U I N ak'A L'A I IY4 [I] I1IWA I 4.Project Management Historically providers hire third party vendors to install or manage these projects. Our experience has not been favorable regarding management of these projects. When problems occur, the relationship is too distant to get timely and effective responses. This creates serious safety concerns when working in and around public infrastructure. 5.Significant Value of ROW - For decades the City has paid to obtain and maintain ROW at great expense. If SCW obtain unobstructed use, it reduces the availability of ROW for vital public infrastructure repairs and improvements. Cities DO NOT obtain significant excess ROW when it is platted. Therefore these Bills guarantee that cities will incur additional costs operating and maintaining vital public infrastructure so that private companies can minimize costs and maximize profit. These Bills and this issue, have also caught the attention of the League of Minnesota Cities. Attached is their fact sheet, talking points and, for a deeper dive their informational memo, as a primer on this issue. Private for-profit SCW may have a place in the ROW along with vital public infrastructure, but such installations need to occur under the regulatory oversight of the City. These Bills give all of the benefits to the providers, and puts the impacts, costs and burdens on local government. Maximizing profit and reducing business risk is certainly laudable, but doing so at the expense of our citizens is not an approach that is recommended for Brooklyn Center. Budget Issues: There are no immediate budget issues to consider; however, the impacts of this initiative could result in significant and longstanding indirect expenses that would be encumbered by the City. 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 pa b/ic trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REAFFIRMING CITY AUTHORITY TO MANAGE PUBLIC RIGHTS-OF-WAY WHEREAS, bills before the Minnesota Legislature (HF .739) and (SF 561) would allow unregulated access to the public rights-of-way by private parties for installation of small cell wireless equipment and distributed antenna systems; and WHEREAS, the legislation provides for automatic approval of these types of facilities, which prevents cities, through their elected representatives, from exercising their ability and authority to manage their public real estate; and WHEREAS, the legislation will supersede many existing zoning ordinances and comprehensive plans enacted by the City, and put in place statewide requirements that would preempt local decision in conflict with the interests of the public and the City of Brooklyn Center; and WHEREAS, this legislation is unique in that only these private telecommunications companies would have unregulated access to public rights-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council reaffirms its support for local decision making and control over public rights-of-way within its jurisdiction, and opposes any legislation that allows private telecommunication companies, specifically, and utilities in general, unfettered access to the public right-of-way. BE IT FURTHER RESOLVED that the City Council hereby directs that this resolution be communicated to the State officials representing the City of Brooklyn Center, including its State Senator and Representative. March 27, 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. PROBLEM: 'Cities must balance the need to facilitate these emerging technologies with the needs of the local community. ' T... Without review process With review process Private wireless and cellular service providers are pushing legislation that would allow unregulated access to public right-of-way for installation of "small cell wireless" equipment and distributed antenna systems. • These for-profit companies would be the only unregulated industry allowed unfettered access to this public asset. • Automatic approval provided by this legislation ties the hands of cities who are responsible for managing these public spaces and considering elements of public health, safety, and aesthetics. • The legislation limits, and in some cases eliminates, cities' cost recovery options for maintaining the public assets these companies are accessing. • The legislation would supersede many existing zoning ordinances and comprehensive plans that cities have enacted and planned for over the years. BACKGROUND: During the 2016 legislative session, a bill was introduced that would have pre-empted local authority and put in place statewide requirements for cities to allow wireless companies to install small cell facility networks in public rights of way, on publicly owned buildings, and on commercially zoned property. New legislation introduced in 2017 will once again take local decision-makers out of the conversation, and will provide unfettered access to the public right-of-way by private telecommunications companies. FOR MORE INFORMATION: Laura Ziegler LEAGUE Senior Intergovernmental Relations Liaison MINNESOTA Phone: (651) 281-1267 CITIES Email: lziegler@lmc.org 02017 League of Minnesota Cities. All Rights Reserved, www.lrnc.org/wirelessfacts SMALL CELL WIRELESS TALKING POINTS FOR HF739/SF561 CITY AUTHORITY Cities, funded by local property tax payers, currently play an exclusive and fundamental role in develop- ing, locating, siting, and enforcing utility construction and safety standards. o Current public right-of-way (PROW) laws granting municipal responsibility for management have been successfully in place for the past 20 years. o PROWs are a limited resource and cities are, and should remain, responsible for making sure that re- source is properly and consistently maintained. o City taxpayers, who would be subsidizing private industry Linder the proposed bill, look to their own communities to protect public assets. I SAFETY AND AESTH1ETIICS o The traditional permitting process allows for parties to come up with solutions that are location-ap- propriate, such as refinements for a redeveloped streetscape vs. a property zoned as industrial. o Cities must continue to exercise full authority to consider public health, safety, and welfare con- cerns. That authority includes issues of aesthetic and property value in responding to siting re- Cl uests. o As rights-of-way become more crowded, the costs of disrupting critical non-competitive utility infra- structure become evident and the exercise of local authority to manage competing demands and ensure public safety in PROWs becomes increasingly important. o New towers, poles, boxes, or similar facilities installed in rights of way adjacent to public roads present obvious potential public health and safety concerns which should not be subject to auto- matic approvals. Instead, those concerns should be addressed solely by local governments through exclusive PROW management authority. (continued on pg. 2) - FOR MORE INFORMATION: Laura Ziegler lEAGUE OF Senior Intergovernmental Relations Liaison MINNESOTA Phone: (651) 281-1267 CITIES Email: lziegler@lmc.org PG. 1 ©2017 League of Minnesota Cities. All ftglits Reserved. §A1PIETY AND AIESTHIETECS (continued) o New technology associated with non-regulated private industry intrusion—poles, antenna and num- ber of "add-ons"—might impact safety, pole integrity (wind load concerns, for example). o Cities need to retain authority to prevent PROW access when that access potentially increases dis- tractions for drivers in rights of way, promotes unsafely encroachment on busy rights of way, com- promises or degrades intentionally-designed neighborhood aesthetics (affecting property values), and is inconsistent with council-approved city planning choices. RIEVENUIB G1PNIERATI[ON Cities have the authority to negotiate and collect fees and revenue streams from public and private entities to support maintenance and management of PROWs. Those fees help to offset the costs of providing city services. o The traditional permitting process already exists and allows both parties to come to an agreement on financial terms. The Legislature should refrain from interfering with those public-private transac- tions that define free market negotiations. o The bill allows state government and private industry intrusion into the ability of local governments to generate revenue for the use of scarce and valuable public assets. FAD RN FS S Proposed legislation would allow unregulated industry with access to public right-of-way. Would private industry be interested in being subjected to the same regulatory standards as utility entities that use the PROW, in the interest of competitive fairness? Proposed legislation may not be fair to utilities and other providers in the PROW. FOR MORE INFORMATION: Laura Ziegler LEAGUE OF Senior Intergovernmental Relations Liaison MINNESOTA Phone: (651) 281-1267 CITIES Email: lziegler@lmc.org PG. 2 C2017 League of Minnesota Cities. All Rights Reserved. 00 LEAGUEO FMINNESOTA CITIES INFORMATION MEMO GeH TabAders, Sm CaH Thchmgies & Distrbuthd Antenna Systems Learn about large and small cell tower deployment and siting requests for small cell and distributed antenna systems ("DAS") technology. Better understand the trend of the addition of DAS or small cell equ11nent on exist/Jig utility eqz111nent. Be aware of common gaps in city zoning, impact offederal law, and some best practices for dealing with large and small cell towers, as well as with DAS. RELEVANT LINKS:L Deployment of lije cell Wwors 01' antennas 47 U.S.C. § 253 (commonly A cell site or cell tower creates a "cell" in a cellular network and typically known as Section 253 of Telecommunications Act).supports antennae plus other equipment, such as one or more sets of transceivers, digital signal processors, control electronics, GPS equipment, 47 U.S.C. §332 (commonly known as Section 332 of primary and backup electrical power and sheltering. Only a finite number of Telecommunications Act).calls or data can go through these facilities at once and the working range of FCC Website.the cell site varies based on any number of factors, including height of the antenna. The FCC has stated that cellular or personal communications services (PCS) towers typically range anywhere from 50 to 200 feet high. The emergence of personal communications services, the increased number 10 of cell providers and the growing demand for better coverage have spurred '4 requests for new cell towers and small cell equipment nationwide. As a to - result, some cellular carriers, telecommunications wholesalers or towerrcompanies, have attempted to quickly deploy telecommunications systems or personal wireless service facilities, and, in doing so, often claim federal law requires cities to allow construction or placement of towers, equipment or antennas in rights-of-way. Such claims generally have no basis. Although not completely unfettered, cities can feel assured that, in general, federal law preserves local zoning and land use authority. A. The Telecommunications Act and the FCC 47 U.S.C. § 253 (commonly The Telecommunications Act of 1996 (TCA) represented America's first known as Section 253 of Telecommunications Act).successful attempt to reform regulations on telecommunications in more than 60 years; and, also, was the first piece of legislation to address internet 47 U.S.C. §332 (commonly known as Section 332 of access. Congress enacted the TCA to promote competition and higher Telecommunications Act).quality in American telecommunications services and to encourage rapid deployment of new telecommunications technologies. FCC website interpreting The Federal Communication Commission (FCC) is the federal agency Telecommunications Act of 1996.charged with creating rules and policies under the TCA and other telecommunications laws. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West ww.lmc.org 11/4/2016 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2016 All Rights Reserved RELEVANT LINKS: The FCC also manages and licenses commercial users (like cell providers, telecommunications wholesalers and tower companies), as well as non- commercial users (like local governments). As a result, both the TCA and FCC rulings impact interactions between the cell industry and local government. The significant changes in the wireless industry and its related shared wireless infrastructures, along with consumer demand for fast and reliable service on mobile devices, have fueled a frenzy of requests for large and small cell/DAS site development and/or deployment. As a part of this, cities find themselves facing cell industry arguments that federal law requires cities to approve tower siting requests. Companies making these claims most often cite to Section 253 or Section47 U.S.C. § 253 (Section 253 of Telecommunications Act).332 of the TCA as support. Section 253 states "no state or local statute or regulation may prohibit or have the effect of prohibiting the ability of any47 U.S.C. § 332(c)(7), entity to provide any interstate or intrastate telecommunications service". FCC 09-99, Declaratory Section 332 has a similar provision ensuring the entry of commercial mobileRuling (Nov. 18, 2009). services into desired geographic markets to establish of personal wireless service facilities. 47 U.S.C. § 253(c),(e)These provision should not, however, be read out of context. When reading(Section 253 of Telecommunications Act).the relevant sections in their entirety, it becomes clear that federal law does not pre-empt local municipal regulations and land use controls. Specifically,47 U.S.C. § 332(c)(7). the law states "[n]othing in this section affects the authority of a State or local government to manage the public rights-of-way or to require fair andFCC 09-99, Declaratory Ruling (Nov. 18, 2009).reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights- of-way ..." and that "nothing in this chapter shall limit or affect the authority of ... local government ... over decisions regarding the placement, construction, and modification of personal wireless service facilities". Sprint Spectrum v. Mills.Courts consistently have agreed that local governments retain their283 F.3d 404 (2nd Cir. 2002).regulatory authority and, when faced with making decisions on placement of towers, antenna or new telecommunication service equipment on cityUSCOC of Greater Alissowi r. I'll!. Of Maribougli, 618 facilities, they have the same rights that private individuals have to deny or F.Supp.2d 1055 (E.D. Mo,permit placement of a cellular tower on their property. This means cities can2009) regulate and permit placement of towers and other personal wireless service FCC 09-99, Declaratory facilities, including controlling height, exterior materials, accessoryRuling (Nov. 18, 2009). buildings and even location. Cities should be careful to make sure that local regulations don't have the effect of completely banning all cell towers or personal wireless service facilities. Such regulation could run afoul of federal law. League of Minnesota Cities Information Memo: 11/4/2016 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 2 Some cellular companies try to gain access by claiming they are utilities. The basis for such a claim usually follows one of two themes - either that, as a utility, federal law entitles them to entry; or, in the alternative, under the city's ordinances, they get the same treatment as other utilities. Courts consistently have rejected the first argument of entitlement, citing to the specific directive that local municipalities retain traditional zoning discretion. RELEVANT LINKS: Vertical Broadcasting v. Town of Southampton, 84 F Supp.2d 379 (E.D.N.Y. 2000). B. State Vaw In the alternative, the argument that a city's local ordinances include towers as a utility has, on occasion and in different states, carried more weight with a court. To avoid any such arguments, cities can specifically exclude towers, antenna, small cell, and DAS equipment from their ordinance's definition of utilities. The Minnesota Department of Commerce, in a letter to a wireless infrastructure provider, cautioned the company that its certificate of authority to provide a local niche service did not authorize it to claim an exemption from local zoning. The Minnesota Department of Commerce additionally requested that the offending company cease from making those assertions. Some confusion has arisen regarding what types of entities represent telecommunications right-of-way users under state law. If an entity qualifies as a telecommunications right-of-way user, a specific state statutory provision applies which allows local government, through an ordinance, to further manage its rights of way and recover its rights-of-way management costs (subject to certain restrictions). Cities should work with city attorneys on reviewing or updating its ordinances. C. Limitations on cities authorty Although federal law expressly preserves local governmental regulatory authority, it does place several substantive and procedural limits on that authority. Specifically, a city: cannot unreasonably discriminate among providers of functionally equivalent services, cannot regulate those providers in a manner that prohibits or has the effect of prohibiting the provision of telecommunications services or personal wireless services, must act on applications within a reasonable time (easily met by compliance with Minnesota's 60 day rule), and Paging i'. Bd. of Zoning Appeals for Montgomeiy Cry., 957 F.Supp 805 (W.D Va. 1997). Letter from Minnesota Department of Commerce to Mobilitie. Minn. Stat. §237.162 Minn. Stat. §237.163. Minnesota Public Utilities Commission, Meeting Agenda (Nov. 3, 2016). USCOC of Greater Missouri i'. 1711. Of Marlbough, 618 F.Supp.2d 1055 (E.D. Mo. 2009). Minnesota Toiiers Inc. i. City of Duluth, 474 F.3d 1052 (8th Cir. 2007). NE Colorado Cellular, Inc. v. City of North Platte, 764 F.3d 929 (8th Cir. 2014) (denial of CUP for tower must be "in writing" but need not be a separate finding from the reasons in the denial). League of Minnesota Cities Information Memo: 11/4/2016 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 3 RELEVANT LINKS: Mnn. Stat. § 15.99. See o must document denial of an application in writing supported byLMC information memo, The 60-Day Rule. Minnesota's "substantial evidence". Automatic Approval Statute. Smith Comm. V. Washington Proof that the local zoning authority's decision furthers the applicable localCty, Ark., 785 F.3d 1253 (8th Cir. 2015) (substantial zoning requirements satisfies the substantial evidence test. Municipalities evidence analysis involves cannot cite environmental concerns as a reason for denial, however, whenwhether the local zoning authority 's decision is the antennas comply with FCC rules on radio emissions. In the alternative, consistent with the applicable cities can request proof of compliance with the FCC rules.local zoning requirements and can include aesthetic reasons). Bringing an action in federal court represents the recourse available to the cellular industry if challenging the denial of a siting request under federal law. Based on the limitations set forth in the federal law on local land use and zoning authority, most often, when cities deny siting requests, the challenges to those denials claim: FCC 09-99, Declaratory Ruling, Nov. 18, 2009. o the municipal action has the effect of "prohibiting the provision of personal wireless service"; or Tower and Antenna Siting FAQ sheet from FCC.• the municipal action unreasonably discriminates among providers of T-Mobile West V Crow, No.functionally equivalent services (i.e. cell providers claiming to be a type CV08-1337(D. AZ. Dec. 16,of utility so they can get same treatment as utility under city ordinance). 2009). Minn. Stat. §237.162 Although this memo primarily focuses on the federal law applicable to sitingMinn. Stat. §237.163 requests, cities should remember to consult state law as well. In addition to mirroring the federal law including recognizing the local government's authority to manage its public rights-of-way, state law permits cities, by ordinance, to further regulate "telecommunications right-of-way users". Cities should consult their city attorneys when drafting its ordinance or consulting state law. D. Court decisions Minnesota Towers Inc. v.The Eighth Circuit (controlling law for Minnesota) recognizes that cities doCity of Duluth, 474 F.3d 1052 (8t Cir. 2007).indeed retain local authority over decisions regarding the placement and construction of towers and personal wireless service facilities.Smith Comm. V. Washington Cty, Ask., 785 F.3d 1253 (8th Cir. 2015). League of Minnesota Cities Information Memo: 111412016 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 4 LMC information memo, Regulating City Rights of Way, model right of way ordinance. See Appendix, Sample Ordinances and Agreements. See Appendix, Sample Ordinances and Agreements. The Eighth Circuit also has heard cases where a carrier or other telecommunications company argue they are a utility and should be treated as such under local ordinances. Usually the companies that provide wholesale telecommunication services to licensed carriers (most often occurring in the Distributed Antenna System or DAS, systems discussed in Section II below) make this argument. Absent a local ordinance that includes this type of equipment within its definition of utilities, courts do not necessarily deem cell towers or other personal communications services equipment functionally equivalent to utilities. Additionally, courts have found that the federal law anticipates some disparate application of the law, even among those deemed functionally equivalent. For example, courts determined it reasonable to consider the location of a cell tower when deciding whether to approve tower construction (finding it okay to treat different locations differently), as long as cities do not allow one company to build a tower at a particular location at the exclusion of other providers. E. Cfty Approaches Regulation of placement of cell towers and personal wireless services can occur in a variety of different ways, including zoning ordinances, rights-of- way (ROW) management ordinances or adopting a specific cell tower/telecommunication ordinance. Minnesota law provides cities with comprehensive authority to manage their ROWS. With the unique application of federal law to telecommunications, coupled by siting requests that may request siting both in and out of rights-of-way, many cities find that having a separate telecommunications ordinance (in addition to a ROW ordinance) allows cities to better regulate towers and other telecommunications equipment, including addressing location, design, height, lighting, finish or accessory buildings. Some cities also have modified the definitions in their ordinances to exclude cell towers, telecommunications, wireless systems, DAS, small cell equipment and more from utilities to counter the cell industry's requests for equal treatment or more lenient zoning under the city's zoning ordinances. In addition to adopting specific regulations, many city zoning ordinances recognize these structures as conditional uses requiring a permit (many of these regulations include a provision for variances, if needed). With the emergence of small cell technologies, like DAS systems described in a later part of this memo, cities have started to amend their zoning and cell tower/telecommunications ordinances to account for more expedited decisions on small cell/DAS siting requests, including establishing a separate administrative approval process for these less burdensome requests to add technologies onto existing structures, like poles or water towers. RELEVANT LINKS: 'oices!rean, P6.511 Corp. i City of St. Louis, No. 4:04CV732 (E.D.Mo. August 3, 2005) (city interpretation of city ordinance treats communication facility as a utility). USCOC of Greater Missouri v. l'ill. Of Mar/bough, 618 F.Supp2d 1055 (E.D. Mo. 2009). League of Minnesota Cities Information Memo: 11/4/2016 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 5 RELEVANT LINKS: See Appendix, Sample Ordinances and Agreements. See Appendix, Sample Ordinances and Agreements. Also, because these new technologies attach to existing structures, cities often need additional documents for managing these relationships including Master Licensing Agreements, License Supplement (or Lease); Pole Attachment Application (if city's ordinance so requires in its permit process); and Bill of Sale (for sale of pole from carrier to city). H. Depkoyrnent of srnaH cell Wchnollogies and DAS Small cell equipment and DAS both transmit wireless signals to and from a defined area to a larger cell tower and often are installed at sites that support cell coverage either within a large cell area that has high coverage needs or, in the alternative, at sites within large geographic areas that have poor cell coverage overall. Situational needs dictate when cell providers use small cell towers, as opposed to DAS technology. Generally, cell providers install small cell towers when they need to target specific indoor or outdoor areas like stadiums, hospitals, or shopping malls. DAS technology, alternatively, uses a small radio unit and an antenna (that directly link to an existing, large cell tower via fiber optics). Installation of a DAS often involves cell providers using the fiber within existing utility structures to link to its larger cell tower. Cities sometimes are asked to provide the power needed for the radios, which the city can negotiate into the leasing agreement with the cell provider. A. Additional zoning and permitting needs Currently many cities' zoning ordinances address large cell sites, but not small cell towers or DAS. Cities should review their ordinances to establish an efficient way to review and process small cell/DAS requests, particularly in light of federal law. As discussed earlier in this memo, one common approach includes setting up an administrative approval process to more quickly review requests for these small cell/DAS technologies. Since the placement of small cell technology or DAS on existing structures oftentimes can result in cities renting space on city owned structures, like poles or water towers, cities should also consult city attorneys to get assistance with drafting master licensing agreements, license supplement (or lease); pole attachment application (if city's ordinance so requires in its permit process); and bill of sale (for sale of pole from carrier to city). League of Minnesota Cities Information Memo: 11/4/2016 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 6 RELEVANT LINKS: See, "Small Cells and distributed antenna systems," Best, Best and Krieger Law (Sept. 2014). Generally, the terms of the Master License Agreement should include provisions regarding: • licensing scheme • definitions of scope of permitted uses • establishment of ROW rental fee • protection of city resources • provision of contract term • specification of each installation subject to sublicense or lease • establishment of application approval process • statement of general provisions Cities also should be aware that new DAS or new small cell technologies are subject to the same restrictions under federal law that apply to large of towers. Specifically, o a city may not unreasonably discriminate among providers of functionally equivalent services, o may not regulate in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services, o must act on applications within a reasonable time and o must make any denial of an application in writing supported by substantial evidence in a written record. The below questions may help guide cities when reviewing current ordinances: • Does the city's zoning ordinance apply to smaller facilities in the rights- of-way? o Will the city's regulatory process allow it to review a request to place a number of facilities at multiple sites in a timely way? o Can the city ensure that small facilities, once approved, will not expand into harmful facilities later? o Does the DAS provider have wireless customers, or is it only placing facilities with the hope of obtaining them? o Has the city developed an approach to leasing government-owned property for new wireless uses that protects the community and maximizes the value of its assets? • Does the city's rights of way management ordinance exclude these small facilities from the definition of utilities? 47 U.S.C. §332 (commonly known as Section332 of Telecommunications Act). FCC 09-99, Declaratory Ruling (Nov. 18, 2009). FCC 14-153, Report & Order (October 21, 2014). League of Minnesota Cities Information Memo: 1I4/2016 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 7 RELEVANT LINKS: B. odfflcaton of exthi teDecornmw'ilcaüor structu es Cities should know that, if a siting requests proposes a modifications to and/or co/locations of wireless transmission equipment on existing FCC regulated towers or base stations, then federal law further limits local municipal control. Specifically, the law requires cities to grant requests for modifications or collocation to existing FCC regulated structures when that modification would not "substantially change the physical dimensions of the tower or base station. The FCC has established guidelines on what "substantially change the physical dimensions" means and what constitutes a "wireless tower or base station". Once small cell equipment or antennae gets placed on that pole, then the pole became a telecommunication structure subject to federal law and FCC regulations. Accordingly, the city now must comply with the more restrictive federal laws which allow modifications to these structures that do not substantially change the physical dimensions of the pole, like having equipment from the other cell carriers. Under this law, it appears cities cannot ask an applicant who is requesting modification for documentation information other how the modification impacts the physical dimensions of the structure. Accordingly, documentation illustrating the need for such wireless facilities or justifying the business decision likely cannot be requested. Of course, as with the other siting requests, state and local zoning authorities must take prompt action on these siting applications for wireless facilities (which Minnesota's 60 day shot clock rule satisfies). Two wireless industry associations, the WIA (formerly known as the PCIA) and CTIA, collaborated with the National League of Cities, the National Association of Counties, and the National Association of Telecommunications Officers and Advisors to: (1) develop a model ordinance and application for reviewing eligible small cell/DAS facilities requests under federal law (2) discuss and distribute wireless siting best practices; (3) create a checklist that local government officials can use to help streamline the review process; and (4) hold webinars regarding the application process. Section 6409(a) of the Middle Class Tax Relief and Joe Creation Act of 2012, codified at47U.S.C. § 1455 FCC Public Notice AD 12- 2047 (January 25, 2013). FCC 14-153, Report & Order (October 21, 2014). FCC Public Notice AD 12- 2047 (January 25, 2013). FCC Public Notice AD 12 2047 (January 25, 2013). City o.fArlingion Texas, el. a!. 11 FCC. et . a!., 133 S.Ct. 1863, 1867 (2013) (90 days to process collocation application and 150 days to process all other applications, relying on §332(c)(7)(B)(ii)). Minn. Stat. § 15.99. This model ordinance and other information can be found at National Association of Counties Website. DOL Moratoftms The cellular industry often challenge moratoriums used to stall placement of cell towers, as well as small cell/DAS technology, until cities can address regulation of these structures. Generally, these providers argue that these moratoriums: League of Minnesota Cities Information Memo: 1 1/4/2016 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 8 RELEVANT LINKS: • prohibit or have the effect of prohibiting the provision of personal wireless services; or • violate federal law by failing to act on an application within a reasonable time. Courts agree that the legality of moratoria related to cell tower or personal wireless service deployment requires a case by case analysis and turns on the facts of each situation. Review of these moratoriums oftentimes depend upon: APT Minneapolis, Inc. v.whether the city already had a cell tower ordinance in effect at the timeStillwater Toii'nship Civil No 00-2500 (D. Minn. June of application or if the city passed the moratorium because they had no 22, 2001) (unpublished),relevant zoning in place); Sprint Spec/ruin v. Cit3 of a how much time had passed since the passing of the federal law, Medina, 924 F.Supp. io36(w\i996).indicating whether this moratorium was not in response to recent legislation; Sprint Spec/ruin i'. Toii',i of WSeneca, 659 N Y S.2d 687 city .a whether the city continued to accept applications during the moratorium, (N.Y.Sup.Ct.1997).even if final decisions became delayed; and Sprint Spec/ruin i'. Jefferson o the length of time for the moratorium. County, 968 F.Supp. 1457 (N .D.Aia. 1997). Telecommunications Advisors v. Bd. ofSelectnicn of/he Town of W. Stockbridge, 27 F.Supp.2d 284 (D.Mass, I 998). V. Conclusion With the greater use of calls and data associated with mobile technology, cities are likely to see more new cell towers, as well as small cell technology/DAS requests. As a consequence, it would make sense to proactively review city regulations to ensure they are consistent with federal law, while still retaining control over the deployment of structures and in and uses of rights of way. League of Minnesota Cities Information Memo: 11/4/2016 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 9 Appendh.K A. SimpDe Ovft,'oinces and SampHe Aireernenth Many cities address cell towers in their ordinances already. For information purposes only, the links below reference just a few of these telecommunications facilities ordinances in Minnesota: Sample Telecom municatiOns Ordinances City of Edina Ordinance: (Chapter 34 Telecommunications) City of Greenwood Ordinance (rage 98. Telecommunications Facilities) City of Minneapolis Ordinance: (Amendment to Ordinance to accommodate Small Cell/DAS equipment) City of Minnetonka Ordinance: (S ec tion 300.34 Telecommunications Facilities) Sample Master License Agreement for DAS/Sniìall Call Texas City Attorney Association Addendum to Local Gov. Code, Chapter 283 San Antonio, Texas Boston, Massachusetts San Francisco., California: Sample Ordilnances approving Master License Agreement for DAS/Small Cell Houston, Texas San Antonio, Texas Cooperation Agreement with Verizon Boston, Massachusetts League of Minnesota Cities Information Memo: 11/4/2016 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 10 City C©wil Agenda ]Ifrm N©0 6h COUNCI{L ]ITEM MEMORANDUM DATE: March 27, 2017 TO: Curt Boganey, City Mana FROM: Gary Eitel, Director of Business & Development SUBJECT: Resolution Approving an Amended and Restated Easement for Highway and Utilities Over City Property (Crescent Cove). Recommendation: It is recommended that the City Council consider approval/adoption of Resolution Approving an Amended and Restated Easement for Highway and Utilities Over City Property (Crescent Cove). Background: On June 24, 1996, the City Council adopted Resolution No. 96-123, A Resolution Regarding Disposition of Planning Commission Application N. 96005, the rezoning of 2.22 acres located at 4201 58th Ave. N. (as known as Bass Lake Road) from R1 (Single Family Residential) to R-1 PUD and approval of site and building plans for a licensed residential hospice serving no more than eight clients at any one time. ( Attached for your reference are copies of Resolution No. 96-123; the approved site plan; and an ALTA survey of the property illustrating the site improvements and the 40 foot wide ingress/egress easement across the City's property to 58th Ave. N. (also known as Bass Lake Road). The ALTA survey identifies that striping of 11 parallel parking stalls on the eastern side of this access drive. The 8 foot width of a standard parallel parking stall reduces the travel lanes of this access drive from 24 feet to 16 feet. The amended and restated easement expands the easement width from 40 feet to 50 feet which will enable the expansion of the pavement improvements from its current width of 24 feet to 32 feet to accommodate the continued use of parallel parking on the eastern side of this private driveway. Crescent Cove, a children's respite and hospice care home, is in the process of acquiring this property and plan to make these access drive improvements as part of their renovations. Attached is information provided by Crescent Cove which includes their Mission Statement of offering care and support to Children and young adults with a shortened life expectancy, and their families. Crescent Cove is identified as the third dedicated children's respite and hospice care home in the United States serving patients across the Midwest. Mission: Eiisiii'iiig an attractive, clean, safe, inclusive coinmii!iFty that enhances the 1/11(1/if)' of life for all people and preserves the public (just [EI1IJ[iJ I fl I U 3I'A LA I ak'A (I) 1II I1BJI'À I Budget Issues: There are no budget issues to consider. Strategic Priorities: e Enhanced Community Image Mission: Ensiiriig on attractive, clean, safe, inclusive coinniunity that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AN AMENDED AND RESTATED EASEMENT OVER CITY PROPERTY (CRESCENT COVE) WHEREAS, the City of Brooklyn Center ("City") owns property located at 4107 58 " Ave. N. ("Burdened Property") and that is subject to a reserved easement that provides access to property located at 4201 58 th Ave. N. ("Benefitted Property"); and WHEREAS, the reserved easement, which is identified as being for highway and utility purposes, contains the driveway that provides access from 58th Ave. N. across the Burdened Property to the Benefitted Property; and. WHEREAS, Crescent Cove, as the intended purchaser of the Benefitted Property, has asked the City to replace the original reserved easement with an amended and restated easement that is wider to better accommodate parking along the driveway and which makes clear the Benefited Property owner's obligation to construct certain driveway improvements and to provide for the ongoing maintenance of the driveway; and WHEREAS, the proposed amended and restated easement would be in substantially the form as attached to this Resolution; and WHEREAS, the City Council determines that approving the proposed amended and restated easement and authorizing its execution once it is in a form acceptable to the City Manager is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, that the proposed amended and restated easement is approved and the Mayor and City Manager are hereby authorized to execute the document on behalf of the City of Brooklyn Center once it is in final form as determined by the City Manager. March 27, 2017 Date Mayor ATTEST: City Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 'a i ___ imu vu aii THIS AMENDED AND RESTATED EASEMENT (this "Easement") dated as of 2017, is entered into by and between the City of Brooklyn Center, a Minnesota municipal corporation ("City"), and Crescent Cove, a Minnesota nonprofit corporation ("Crescent Cove"). WHEREAS, Jennie Skurdalsvold, single, and Sigrid Skurdalsvold, single (collectively, "Skurdalsvold"), conveyed certain property, described on Exhibit A attached hereto (the "Burdened Property") to Sigurd D. Edling and Sylvia Edling (collectively, "Edling"), by Quit Claim Deed dated August 29, 1962, recorded September 7, 1962, as Document No. 702331 with the Registrar of Titles in Hennepin County, Minnesota (the "Deed"). WHEREAS, in the Deed, Skurdalsvold reserved an easement for highway and utilities purposes across the Burdened Property for the benefit of property retained by Skurdalsvold, which is described on Exhibit B attached hereto (the "Benefitting Property"); WHEREAS, Charles T. Thompson, as Trustee of The Thompson Urban Retreat Charitable Remainder Trust ("Thompson"), and the City of Brooklyn Center, a Minnesota municipal corporation ("City"), as successors in interest to the Skurdalsvold and Edling interests, respectively, executed a Partial Release of Easement dated May 27, 1997 ("Partial Release") which was filed on September 12, 1997, as Document No. 2842834 in the Registrar of Titles office for Hennepin County, Minnesota, the purpose of which was to confine the effect of the easement to less than the entire Burdened Property as described in the Deed; WHEREAS, as successor in title to Thompson, Crescent Cove and the City desire to amend and restate the easement so as to amend the easement area and clarify the use and maintenance responsibilities associated with the easement. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 4963560 TJG BR291-370 1. Easement over the Burdened Property for the Benefit of the Benefitted Property. The City hereby grants an exclusive appurtenant easement for the benefit of the Benefitted Property for pedestrian and vehicular access, ingress, egress, driveway and parking purposes over, upon, and across the portion of the Burdened Property that is described on Exhibit C and shown on Exhibit D ("Easement Area"). Parking on the Easement Area shall be limited to parallel parking along one side of the driveway. 2. Maintenance, Repair and Replacement of Easement Area Prior to Termination. a.Initial Improvements. Following the execution of this Easement, Crescent Cove shall, at Crescent Cove's sole cost and expense, expand the existing paved area within the Easement Area so as to provide a drive aisle of no less than twenty-four (24) feet, with additional paving of no less than eight (8) feet where parking will occur ("Driveway and Parking Improvements"). b.Maintenance Obligations. Crescent Cove, its successors and assigns, shall be solely responsible for the maintenance, repair and replacement of the Driveway and Parking Improvements in a condition suitable for its intended use and in accordance with all applicable laws, ordinances and regulations. Without limiting the foregoing, Crescent Cove shall be responsible for all snow removal and plowing. The Driveway and Parking Improvements shall be maintained by Crescent Cove in a good and professional manner and Crescent Cove, along with its agents, assigns and contractors, is hereby granted a right of entry onto the Burdened Property with such personnel and materials as is necessary for the purpose of performing its obligations hereunder. c. Maintenance Costs. Crescent Cove shall be responsible for the cost and expense of the maintenance, repair and replacement of the Driveway and Parking Improvements. 3. Use and Noninterference. City retains the right to use the Easement Area to access its adjacent parking area and its lift station. Crescent Cove shall construct the Driveway and Parking Improvements, and maintain the Easement Area, in such a way as to not unreasonably interfere with such access by City. 4. Indemnification and Insurance. a. Indemnification. Crescent Cove, for itself and for and on behalf of its successors, assigns and permittees, covenants and agrees, at its sole cost and expense, to indemnify, protect, and hold harmless the City, its successors, assigns and permittees (each an "Indemnified Person") from and against any and all claims, liens, damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements, or expenses of any kind or of any nature whatsoever (including, without limitation, reasonable attorneys' and experts' fees and disbursements actually incurred) which 2 4963560 TJG BR291-370 may at any time be imposed upon, incurred by, or asserted or awarded against the City and arising directly from or out of or in connection with Crescent Cove or its permittees use of the Easement Area and other rights granted or assigned to Crescent Cove herein, including but not limited to: (a) any mechanic's or materialman's lien or other lien against the Burdened Property as a result of Crescent Cove's or permittees use, (b) accidents, injuries, loss or damage of or to any person or property, whether arising from the negligent, intentional or willful acts or omissions of Crescent Cove or its permittees or otherwise or (c) the performance of any construction, maintenance, replacement, repair, restoration or other work on the Easement Area. b. Insurance. Crescent Cove shall, during the entire term this Easement is in effect, maintain and keep in full force and effect commercial general liability insurance with a combined single limit for bodily injury (including death), personal injury, and property damage of at least $1,000,000 per occurrence with an aggregate limit of not less than $1,000,000 insuring against all liability that arises out of any of the matters covered by this Easement, including, but not limited to: the use of the Easement Area and the installation, construction, maintenance, repair, modification, replacement, operation, and use of the Driveway and Parking Improvements within the Easement Area. 5.Controlling. The easement granted herein supersedes and replaces the highway and utility easement retained as part of the Deed and modified by the Partial Release. 6.Covenants to Run with Land. The City and Crescent Cove hereby agree that the easements, restrictions and reservations set forth herein shall run with the property burdened and shall be binding on all parties having any right, title or interest in the same, their heirs, successors and assigns. 7.Waiver. Any waiver by any party of any default of the other party hereunder shall not affect or impair any right arising from any subsequent default. 8.Severability. If any clause, provision or portion of this Easement is deemed to be illegal, invalid or unenforceable under present or future laws, then the remainder of the Easement shall remain unaffected, but the illegal, invalid or unenforceable provision shall be modified in such a way that effectuates the intention of this Easement but complies with all applicable laws. 9. Amendment or Modification. This Easement and any of the rights, licenses and easements created hereby may not be modified or terminated accept by a written instrument executed by all parties with a property interest in the Burdened Property and Benefitted Property. 3 4963560 TJG BR291-370 IN WITNESS WHEREOF, the parties have executed this Easement effective the date stated above. City of Brooklyn Center By: Tim Willson, Mayor By: Curt Boganey, City Manager STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) This instrument was acknowledged before me on , 2017 by Tim Willson and Curt Boganey, the Mayor, and City Manager, respectively, of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 4963560 TJG BR291-370 Crescent Cove By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEP1N ) This instrument was acknOwledged before me on 2017 by of Crescent Cove, a Minnesota nonprofit corporation, on behalf of the corporation. Notary Public This instrument was drafted by: Winthrop & Weinstine (RWL) 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 5 4963560 TJG BR291-370 EXHIBIT A Burdened Property Legal Description That part of Lot 22, Auditor's Subdivision Number 216, Hennepin County, Minnesota, described as: Beginning at the Southeast corner of said Lot 22; thence South 88°00' West along the South line of said Lot 22 a distance of 505.01 feet; thence North 17°00'East a distance of 158.55 feet; thence North 22°00' West a distance of 285 feet to the actual point of beginning of the land to be hereinafter described; thence South 65°00' West to the shore of Twin Lake; thence Westerly and Southerly along the shore of said Twin Lake to the South line of said Lot 22; thence West along the South line of said Lot 22 to the Easterly right of way line of County Road No. 10 (also known as Bass Lake Road); thence North and East along the Easterly and Southerly right of way line of said County Road No. 10 to a point on said Southerly right of way line of County Road No. 10 distant 565.38 feet West of the East line of said Lot 22 as measured along the Southerly line of said County Road No. 10; thence South 0 °00' a distance of 211.48 feet more or less to the actual point of beginning, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. A-1 4963 560 TJG BR291-370 zo 8. 2 88 luaw td (.O UJ S. - 2 L - I ___ ---—— L \ • t m - I T L__ 101 __ \r NeAVUnr \ F ON \ \ —Okig\ I \alol,1=LU' I LOF F -/ '°_— •O JO - - • -, g j11hl ___-- __iH'** 2 -- I 1 ,_-• q / /• VCSi\ 2 IO 4F — __JI I I ' h I I iI I is is isJ t I I is isF 4iI 1 II d I I g II -I I : 1is 412 Is rilM. F I II b , IS I fj! IP 1:j:i 1it1I;I:ih; r -- ---- - —NUO3S 1W 6t51 tiCS/IS/V 6PV11V ecgcVIut\p-s1\avs-z6\W&-e\gcgen\a1mCliAzn\s r . rr ( \ ' H Q t t () R T rN I I) .j H ANDRASHKO MOORW000 HOMEOWNERS ASSN. 58th Ave. N. (PUBLIC) 1000_ 40.00 IMt70EQ 19"f-0I74ZQ DAtAMT AS AMENDED 'ib RESTATED rrt--. I 22 \ \) EASEMENT C/L- <1- I CITY OF BROOKLYN —CENTER C—, 2 INGRESS/EGRESS EASEMENTDOC. NO. 2842834 was prepared by me or under my direct supervision - and that I am a duly Licensed Land Surveyor under the lawn of the state of Minnesota. Signature: LIc. No.... I hereby certify that thin survey plan, or report PHONE: 218.279.3000 418 W SUPERIOR ST STE 200DULUTH. UNSEH55802-1512www.uehinc.com CRESCENT COVE BROOKLYN CENTER, MN FILE NO. WINWE 13985 DATE 3/21/17 DRAWN BY: ccCHECKED BY: SURVEYED BYL.I I IIII_________ ____Printed Name: — Date:wô.I BY I DATE I RE'ASIONS Member Debra Hilst rom introduced the following resolution andmoved its adoption: RESOLUTION NO. 96J3 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96005 SUBMITTED BY NORTH MEMORiAL HEALTH CARE WHEREAS, Planning Commission Application No, 96005 submitted by North Memorial Health Care proposes rezoning from R-1 (single family residence) to PUD/R-i ofthe property located at 4201 58th Avenue North; and WHEREAS, this proposal comprehends the rezoning of the above mentioned properry and site and building plan approval for a residential hospice care facility for more than six clients; and WHEREAS, the Planning Commission held a duly called public hearing on April 23, 1996 when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the Southwest Neighborhood Advisory Group met to consider this mane on May 9, 1996, at the City Hall and unanimously recommended approval of this PlannedUnit Development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on June13, 1996, received an additional, staff report and took furthertestimony during a continuedpublic hearin g ; and WHEREAS, the Planning Commission recommended approval of Application No. 96005 by adopting Planning Commission Resolution No. 961 on June 13. 1996: and WHEREAS, the City Council considered Application No. 96005 at its June 24, 1996meeting: and WHEREAS, the City Council has considered the rezoning and the site and building plan request in light of all testimony received, the guidelines for evaluating rezon.ings Contained in Section 35-208 of the City's Zoning Ordinance, the provisionsof the Planned Unit Development Ordinance contained in Section 35..355, and the City's ComprehensivePlan. NOW, THEREFORE E IT RESOLVED by the City Council of the City of Brookin Center that Applicatjo No. 96005 submitted by North Memorial Health Care be approved in light of the following consideratjor: EXHIBIT THREE RESOUJTION NO. 96423 1.The Rezoning and Planned Unit Development proposal are compatible with the standards, purposes and intent of the Planned Unit Development section of t h eCity's Zoning Ordinance, 2.The Rezonin g arid Planned Unit Development proposi will allow for the utilizationof the land in question in a manner which is compatible with. complimentary to, and of comparable intensity to adjacent land uses as well as those permitted on Surrounding land. 3.The utilization of the property as proposed under the Rezoning and Planned Unit Development proposal will conform with City Ordinance standards with the exception of the limitation of six or fewer persons being served in a licensed residential program. Variation from this Zoning Ordinance limitation to allow up to eight hospice patients is justified on the basis of the development plan submitted and the unique characteristics of the property under consideration such as its largesize (in excess of two acres), its remote and secluded location, and the fact that access to the property does not require traffic to go through adjacent residentialneighborhoods. 4.The Rezoning and Planned Unit Development proposal are considered compat iblewith the recommendations of the City's Comprehensive Plan for this area of theCity. 5.The Rezoning and Planned Unit Development appear to be a good utilization o the property under consideration in that it maintains the residential character of the property and provides for the ability to meet the needs of dying persons who are unable to care for themselves, but do not require hospital or nursing careservices, 6.In light of the above considerations, iris believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of thecommunity.. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 96005 subject the following conditions and considerations: 1.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2.Grading, drainage, and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. RESOLUTION NO. A site performance agreement and supporting financial guarantee (in an amount to be determined) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. Any outside u-ash disposal facilities and rooftop or on ground mechanicalequipment shall be appropriately screened from view. 5.The building is to be equip p ed with an automatic fire extinuishjg system tomeet NFPA. standards and shall be connected o a central monitoring device inaccordance with Chapter 5 of the City Ordinances. 6.Plan approval is exclusive of all signery which is subject to Chapter 34 of theCity Ordinances. 7.13-612 curb and gutter shall be provided around all driving" and parithig area including the access drive leading to this site from County Road 10. 8.The applicant shall submit an as-built survey of the property , improvements andutility service lines, prior to release of the performance guarantee. 9.The propem' owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance ofpermits. 10.The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with res p ect to this site. The stormdrainage system shall be acceptable to the Shingle Creek Watershed ManagementCommjssjoi-1 prior to the issuance of permits. 11. The applicant shall enter into a development agreerne with the City based on appUcabl ordinances and shall be reviewed and approved by the City Attorney, priorto the issuance of building permits. Said agreement shall ack.-iowl e cr e th euse of this site as a licensed residentjaj hospice serving no more than eight clients at any one time, aciowledge all the Previous stated cOnditions of approval andassure compliance with developme plans submitted by the applicant. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyauthorize the Mayor and the City Manager to axe ' n Center to the City. cute said development agreement on behalf of June 24, 1996 "r^. l a,.Date RESOWrION ND. 96123 ATTEST; Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstr, Kristen Mann, and Charles Nichols; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CARTER MARSH EDGE h±Hi,LI 'S 7/) L - -i\CI I-POWER LINE EM)37.50 2 218.279.3000PHONE:419 71 SUPERIOR ST STE MN 55802-1512SEHDULUYT-I,www.sehinc.com BROOKLYN CENTERMINNESOTA ALTA/NI - H i•5539" (M) 8700' (R) 000 IoU P () -:Th p7 DAD SIONS I BLOCK 1— II I\\ \ I 11 SANI1 OWN-lOON VIA STORM SEVR.AI 10 BUR[ BLOCK 2 \ \ '\',\ \BU BURIED PHONI \ - A00051TT-IACI<ET AL 'S.-.'BURIED ELECTRII ''\ OVERHEAD ELEC1 T.p01 k5 KLEIN —'S 'S 61. -_- \ \ 'SI '" rI '.1 MOORW000 HOMEOWNERS ASSET.Th- -\ 'I I 1,4 AI i- Li ANDRASHKO 58th Ave. N. (PUBLIC) 40.00 '/ " OTT' CENTER INGRESS/EGRESS EASEMENTDOG. NO. 2842834SEE TABLE A NOTE 19 '' \ SAN. ACCESSC /I-- COVER hod 12 19.11BLDG. HI 7,512 17 ALTA of. 5.56 of 'd'd Iro C. SHORE UNESEE SCHEDULE BitNOTES 16 & 17 /'A.C. UNITS\\ *(BURIED140 BURIED COM. ELEC " " —OHFT. s' /' / * 140'58'0 141 '00' v. c!' 24" 6-/j RSH J POB OBSERVED WATERELEV. = 851.79 NAVD 88 I HEREBY CERTiFY THAT THIS CERTIFICATE OF SURVEY WAS PREPRRE0 BY TUE OR UDDER MY DIREST SUPERVISION AND THAT I All A DULY LICENSED LAND SURVEYOR UNDER ONE LAWS OF THE STATE OF MINITESSTA.SEC 326.02 To 2,26-15DRAFT I I, \\k "' t IiWl -of .•1• It it Ads lot ? gL\ I I :, J b I :s1 I I I I • ______c ___ I A ••• - I I I I ,k ':. 14 4'^j I,_•j.•% (1 •• -I. L1H 'Ii HIIIIIHIUHIli1I ±;?LJ CM. .LIIHX I I '"\\\ t 1111 dlii11111a,o 0 N c •1- I. j ' -•*: \ L . \.\HI 4-4 ZkJ . N I CIS I '•< H /•1I._ :.;!IIhiT Ft(7 ë[ A place of respite for kids&families "Our whole focus is that children and their families can live with their life-threatening condition. It's not always about the quantity of life, but the quality. Not just the length of life, but the depth of experience that they can have, given the right support." - Scott Schwantes, M.D., FAAP, Board Member - .--- \ .\ c-_• -. .: Al ______tb;... It• M I • I .1 I .4. cti@ th @ff ©®i: C(v® 6,T) a (0):@ IHilIi içj iif iitt[ L 1i] We Promise Our Kids the IV1oon. NEED is 1"\,^I Today, Crescent Cove provides support services toeaiiilies to relieve stress, awdety and pain Thousands of kids in Minnesota are living with life-threatening conditions (such as neurological or neurodegenerative disorders, rare chrornosornal disorders, heart and lung conditions, and cancer) requiring round-the-clock care o 500 children are newly diagnosed each year 0 M an y of the 700 kids that die each year in MN could benefit from compassionate end-of-life care beyond their home or hospital A I AL -Bdgh bt Gap: Ch I ften 9 s .Respile and Hospice Homes • Community-based, home-like environments designed for kids/ teens offering palliative care during respite breaks, and an option beyond the hospital or home at the end-of-life • Nurse-led daily cares such as bathing and meals along with music, massage, creative arts, spiritual care and hydrotherapy • Parents and siblings can stay on-site or leave their child for a short stay, offering them a necessary break from the demands of continuous daily cares, and an opportunity to reconnect emotionally with their child/other children • Grief, bereavement and spiritual support On the road to build a residenti a l children 's respite and hospice home! Crescent Cove will be the third dedicated children's respite and hospice care home in the United States, serving patients across the Midwest. George Mark Children's House, San Leandro, CA earn rnok'e, v i sit CescentCoveor A place of respite for kids and familiesT U 0-) q- 0 ( 0 rhO Ryar Phoi While there are more than 49 children's hospice The mission of Crescent Cove is to offer care homes in the United Kingdom, 6 in Canada and 2 in Australia, there are currently only twoand support to children and young adults with operating in the United Statesla shortened life expectancy, and their families. miff 11-7 ^ ^41 1 I) K c: v. -. L k. ' (I) I ,CD o_ C:jcI) LU 52 ob = = (D= LL (Dv ci.) (j - -DCD 4-,ooS Ln ( Ln X 00 I 0 o 1) 4- 0 C D 00 0 .4-, C(./)0 06UE0 1 i -D o CDCD C CD OEOC. (D = WW -L- = L ow 4J 0 00 - LO — UO CF(C I ro UI ,U 0. (D ci) mci -o [Uii 2 Q LoFTCO10. (DC>(1) j 00 0 I2(D w o -4-' L)ro C o(C N U co N ci) 0(C City Cou Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DAN SCHUELLER FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION WHEREAS, Dan Schueller served on the Financial Commission from January 11, 2010, through March 7,2017; and WHEREAS, he has made significant contributions as a member of the Financial Commission, including evaluating and developing fiscal policies, fiscal procedures, Mayor and Council Member total compensation, and budgetary and capital matters; and WHEREAS, his leadership and expertise have been greatly appreciated by the Financial Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Dan Schueller is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. March 27, 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. SIWAw ii _______________ I[I]JJLSJ I I I Dk'4 UhYA I D1YA (I) 1I P1IJYA I DATE: March 27, 2017 TO: Curt Boganey, City Man' FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist Rq-- SUBJECT: Continued Special Assessment Hearing for Proposed Special Assessments for Dead/Diseased Tree Removal Costs and Weed Removal Costs Recommendation: It is recommended that the City Council consider approval of the attached resolutions certifying special assessments for Dead/Diseased Tree Removal Costs and Weed Removal Costs. Background: At the City Council Meeting on March 13, 2017 the City Council moved to continue the public hearing until March 27, 2017 for certain properties where appeals were made. Additional information was requested regarding the proposed special assessments for these properties. A summary of the findings for each property is attached. The appealed special assessments included two properties. Of those, one was a long grass/weed abatement and one tree abatement completed in 2016. As part of the process, property owners were given notice to correct violations, received notice to pay the bills, and all unpaid fees were processed as a pending special assessment. Recommended Council Procedure The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council consideration upon closing of the Public Hearings. 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 JJ'Jissio,,: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust iES1BJ[SJ I I U IWILA I Dk 0] UII I 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: The fees for these special assessments help recover the City costs associated with providing a service. Nuisance abatements are related to the direct costs incurred as a result of hiring a contractor to correct the violations at the property, as well as administrative costs related to achieving compliance. Strategic Priorities: o Resident Economic Stability Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION 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 27, 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 Abatement Printed March 20, 2017 Municipal Code No. 22 Levy Property Address Property ID Pending Capital Special Total No.Amount ($)Interest Assessment Amount Charge Charge ($)Certified ($) ($) 19597 5712 Girard Ave 01-118-21-23-325.00 30.00 30.00 385.00 N 0016 Member introduced the following resolution and moves its adoption RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIIN 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. 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 27, 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 (Grass/Weeds) 2016 Weed Destruction Printed March 20, 2017 Municipal Code No. 22 Levy Property Address Property ID Pending Capital Special Total No.Amount ($) Interest Assessment Amount Charge Charge ($)Certified ($) ($) 19598 62l7 Major Ave 34-119-21-33-273.75 10.00 30.00 313.75 N -0065 Address: 5712 Girard Ave N j Owner: Edythe G Potter Appellant's Appeal: The owner cannot afford the cost of the tree removal and wishes that the contractor would have knocked on the door before the tree was removed. Findings: The Compliance Notices were sent and a city-facilitated abatement involving the dead Pine tree in the front yard of the property was conducted. Further, the city did receive two bids on for the cost to remove the tree. One bid was $900 and the other was $275.00. Violation Type Summary of Activity Fees Dead Tree $325 8/17/2016 - The dead pine tree was noted in the front yard of the property. Quotes were requested and a letter was sent to the owner and occupant regarding the tree violation. 8/27/2016 - The tree remained in violation. 9/26/2016 - The tree was declared a nuisance and ordered to be removed by council resolution. 10/04/2016 - A second notice was sent to the owner and occupant of the property stating that the tree would be removed if not corrected within 10 days. 10/14/2016 - The tree remained in violation and was referred to the tree cutter for removal. 10/25/2016 - The owner was invoiced for the tree removal cost at the property of $275 and a $50 administrative charge. Address: 6217 Major Ave N I Owner: Christopher Hagen Appellant's Appeal: The owner stated that he had a medical injury, then when he tried to mow the lawn with his electric mower he was only able to complete the front yard, then it took a week for him to be able to charge the mower and replace the charger. The city contractor cut the back and front yard before he was able to complete it. He also stated that the front yard was not in violation when it was cut. Findings: The Compliance Notices were sent and a city-facilitated abatement involving the long grass and weeds was conducted. The grass was part of a proactive sweep inspection and a complaint about the grass was received during the enforcement process. The notice was sent to the property owner and the resident of the property and the grass was cut 8 days after the notice was issued. It did appear in the photos that the grass was shorter in the front yard of the property; however there were still areas that were in violation in the front yard. In 2015, this property had four confirmed long grass violations at the property, three resulted in the grass being cut by the city and one the grass was cut by the owner. Violation Type Summary of Activity Fees Long grass and 5/24/2017 - The property was noted to be in violation with long $272.75 weeds.grass and weeds in the front and backyard of the property. A notice was sent requesting that the violation be corrected within 7 days. 5/25/2016 - A complaint was received regarding long grass at the property. 6/01/2016— The property was inspected and determined to still have long grass in the back yard and some areas of the front yard. 06/01/2016 - The property was cut by the city contracted grass cutter. 06/09/2016 - The owner was invoiced for the cost of the abatement. The mowing charge was for $122.75 and the Administrative fee is $150.00. 44 hH I ird 6/1/2016F; Before - ; - h .Il After ___ IV Front Yard 6/l/2016 wil - I, Befo1e[I,I ii• !YTTPI:•II!ft!Ill BROOKLYN CENTER CITY COUNCIL MEETING MARCH 27, 2017 PRESENTED BY: JESSE ANDERSON, DEPUTY DIRECTOR OF BUILDING AND COMMUNITY STANDARDS SPECIAL ASSESSMENT for Diseased Trees and Tall Grass and Weeds CONTINUED FROM March 13, 2017 Special Assessment Summary 03/27/2017 2 MN State Law allows cities to recover costs associated with certain types of services and activities. Special assessment process allows these costs, if unpaid, to be applied to the property taxes. This helps minimize costs of these services to the general public. Special Assessment Appeals 03/27/2017 3 On March, 13 two property owners appealed their special assessment at the Public Hearing. Public Hearing continued until March 27 for these properties. Per Council request, a report prepared containing information relating to each property assessment. Specific Considerations 4 Resolution attached with recommendations No changes recommended based on findings in reports Brief summary of each case provided 5712 Girard Ave N 03/27/2017 5 Appeal Statement The owner cannot afford the cost of the tree removal. Findings: The Compliance Notices were sent and a city-facilitated abatement involving the dead Pine tree in the front yard of the property was conducted. Further, the city did receive two bids for the cost to remove the tree. One bid was $900 and the other was $275.00. Legal notification requirements were followed and an responsible bid was received. 6217 Major Ave N 03/27/2017 6 Appeal Statement The owner had cut the front yard but had issues with his lawn more. The city contractor cut the back and front yard before he was able to complete it. He also stated that the front yard was not in violation when it was cut. Findings: The grass was part of a proactive inspection and a complaint about the grass was received during the enforcement process. The notice was sent to the property owner and the resident of the property and the grass was cut 8 days after the notice was issued. It did appear in the photos that the grass was shorter in the front yard of the property; however there were still areas that were in violation in the front yard. In 2015, this property had four confirmed long grass violations at the property, three resulted in the grass being cut by the city and one the grass was cut by the owner. 6217 Major Ave N 03/27/2017 7 6217 Major Ave N 03/27/2017 8 6217 Major Ave N 03/27/2017 9 Questions? Thank you 03/27/2017 10 City C©il Agenda Hem No. An City Crnnllcfll Agenda Itrn N0 ]i©i #111 [O1IJ[iJ I U I I M"A I Vk'A (I) 7I UIAAI DATE: March 27, 2017 TO: Curt Boganey, janager FROM: Sharon Knutson. City Clerk i6b^k4m&k SUBJECT: Type IV 6-Month Provisional Rental License for 6131 Bryant 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 6131 Bryant 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 dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on twenty one (21) 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, Jun Wang, applied for renewal of the rental dwelling license for 6131 Bryant Ave N, a single family dwelling. 11-10-2016 An initial rental license inspection was conducted. 21 property code violations were cited, see attached rental criteria. 12-12-2016 Asecond rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-27-2016 The $100 reinspection fee was paid. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality oj'hJ for all people and preserves the public trust S1i1IJ[SJ I fl N MhYA U I Dk'A (0) 1iI flBJ I 12-28-2016 A third inspection was conducted and corrections complete; however, additional violations were found. A reinspection fee was not charged to the property for the final inspection. 01-17-2017 A fourth inspection was conducted and passed. 01-31-2017 The previous rental license expired. 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. 02-24-2017 A Mitigation Plan was submitted. 03-13-2017 The Mitigation Plan was finalized. 03-20-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 27, 2017. If approved, after six months, a new rental license is required. The license process will begin within one month. 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 Mission: Ensuring an attractive, clean, sa& inclusive coninuinity that enhances the quality of lste for all people and preserves the public trust I•1•J[iJ i • v ai •'À I Dk'A [0) 1I I1IJ I approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that en/lances the quality of lift for all people and preservesmx (he public trust 11IJ[J I U N I au i I 1W4 (I) 1I IlIJh'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. ui/cs/on: Ensuring an attractive, clean, safe , inclusive coninusnhty that en/sauces (lie quality of life for all people and preserves the public trust I1sJ[SJ I N I N MA Uh'A I k"A 0) 1I WJ'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 l-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II— 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0,25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 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 .4'Iission: Ensuring wi attractive, clean, sqP, inclusive community that enhances the qualify ojlte for all people and preserves the public trust [i[,1IJIJ I fl U V M'A i i * i tii asia i Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan !kt!ssio,s: Ensuring an attractive, elan, safe', inclusive CofnhiuinhlV that enhances the quality o/'lti' for nil people and preserves the public tins! W• i) tftLiT! )1 Rental License Mitigation Plan Typo IV Ucerise Handwritten M ftlga t!W7 Plans will not be a ccepted,A fiIlbte form can be found on The City's wthsRe at www ity ooklyncentero or calf 73) 9-333 to he a n electronic copy sentto you vf a email, Fig Prnperty Address , 6131 Bryant AvG N BroDktyn Gfl9r MN 55430 Local Agent(s)Owners Name(s): Jun Vng Owners Address: 16950 39th Lk NPIyiici1h N $M4 Owners Phone: 511 $07.30S8 Owner's Email: wajun90tiIm Ctiriart Expiration Date: i/v/n Address: Agent's Phone: Aerit's Email: Pending Expiration Date: _01P /r -p'-'• (& t'It frin irret pfr1n Based on property conditions and/or vUed police nuisance ldM, the ebOV 1IUnCed property qualifies for a Type IV-6 Month Rental License. Prior to appliOAtiori approval by the City Counil e fully completed Mi1iation Plan must be completed and approved by City, staff, A Mtigatin Plan must he cltd Immediately in order to ensure timely comp'etion of the license application process. The Mitigation Plan thoutd indicate the steps being taken tG correct identified violations and the measures that will be 'taken to ensure ongoing mnpliene with City Ordinances and applicable codes. A Mitigation Plan airows the owner and the iCity to review concerns and identify possible solulions to improve overall conditions of the property, If the Mitigation Plan is FOt submitted, and all ltenis re not oorripleted within the pending license period, or the above property operates beyond the license expration date enforcernert ac.tions uth as olimfion, formal complaint or license review may resutt Before submitting, fill-out Seation A 1 E, ari j C PCMe(l o1 pag6r. 2 3 4 and 5 p riiTyp e VRrrLiiti Mirn Pkm, Rw 4445 Cty of Brooldyn and comnhil3tit? Srd eplt 0301 Shingle Creek P vj. MN 553D-21 N I Phone: 763 1O I 1T 1i I F t7) Phase I 1) Use a wrilteri Iee agreement. The lease agreement shall include the Clime Free Housing,Lease Addendum. A copy ofth l agreement ind Crime Free Housing Lee Addendum must be attached to the Mitt.tion Plan when submitted. 2 Agree to pursue the termination or lease agreement oreviction oftenantahViolate the terms of the lease or any addendurns ) Conduct criminal background check for all new prospective tenants. It it is a current tenant a new background check is not required. Must be able to provide docunetitaon to City if requested. 4)Attend a City approved eigiithour Crime Free housing training course. Information for approved c.ou rse.s can be found at wwv.mncanet under the TThTh d Eà?l b. A c cpy of the Crime Free Hoi.islng Certificate, must be attached to the TMtigatian Plan when submitted. Clime From Housing training was camplateJonfis sGhoduled for: 12]i4 U400klyn PorkOwner or agent attendediis planning to attend training at city of: 5)8ubmit Monthly Update by the 10 day of each month Phase II 1) Complete e Security Assessment and Implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Asesn,enL call (76) .693344, A follow-Lip assesmnt must ho completed before the license expiration date to vecify the security improvements have beeri inip!eninle, If rty As ossmnt has been previously cornpilleted, write the completion date, Security Assessment was complted antis stheduled for: Security Assessment foFlowup was completed onus scheduled for: Conthiucr Sections A Phase Ill on pae3. iVte &LIc i MfThcfr.'I Pin. R.v. 4,14,15 City of BrippiriTn Ct —fli1diti i4 rnimiIy tepr1rnent .wiLyiflhr O1 Crh Prnkw4ly iklyrt (ntr ?1F'J 4U219' I Phone; 763) 6AOM320 l Tfl': jr Fx (153I 5E-35D BUILDING AND COMMUNM STANDARDSCiyofBRON - Rental License Mitigation PlanCEXTERTypo IV L[corte $ectios A—Cime Free HoustRy PrQgrm Requirements (continued) .Phate UI 1)Owner or agent will attend at mr*num O% 2) of the ARM meetings. The A.R.M. motins niu; be completed withIn the rental license period and before th pending Type IV LJan5e expiration date, Registration is not required, however you mus! sign-in during the neeting. Write Lwo rneetir •daes an owner or agent plan to Owner or a gentwIU attend ARM meetings scheduled on: 3i'ci!17 2)Have no repeat code vFolations previusJy documented. with the past year. The fbilowing ations are required for properties with four (4) or more unIis. 1) Condu't resideril Vaifrilngannually that includes crime prevention technique's. [] 2) Conduct regular resident moaIirg. PBPOZI Type W Rr& tñ M4i2r(lwt FYi, Rev. 4444 of Brooklyn Contex—Buildiagand Community Slandarft Dprtmoit C01 ShIrIo Croak Pirhw', 8rokI'n Ccitr1 MN4O-21 9t1 Phoio: {73) TTY: Ill I Fix:(762.) 6-2iJO BIflTAXG AND COMMUNLTY STANDARDSCi(yv BROOEL)(N Rental License Mitigation Plan Typo IV Llcie Sections E1ong Term Capital ImpravemeW Plan Based ononditior, and age estimated replacement datns need to be provided for common capital items. Fundint should be considered accordingi'. Roms that are broken, worn, or otherwise in iolMion prior to the estrnated replacement dale need lo be replaced sooner. All items must have a date for Esllma$erj Repiloornent Date, bates such as: unsur"1 do&t know or"when broken" will not be accepted. It you are unsure of when an item will need to be replaced you can make a pradicfion based on the age, appearance, condilion, or manufacture/industry IernrfleRdations. Additional irorrnation on Expected Useful Life can be found at ww.huthgov, Iteni Date Last Replaced Cond[tian*Expected Replacement Date ExanpIe. Water Healer May 2010 F May 2020 Ftmiace OiA2014 N O.t2O2O Water Heater 2025 Kitchen Appliances Oct 202 Laundry Appliances Oct 20t4 0 -Ot 2024 Smoke Alarms/ Carbon Monoxide Alarms Def; 2Uh1e N DC 2021 rirI Paint/Siding F May 2017 Windows CCI 19IO F /WO 2011 Roof Oct. 205 Ccl '2O2 Ferice Oct 2000 0 Juty 2022 Shod Garage OCL 198D 0 July 2025 Driveway Ifty 1990 G Aug2023 Sideks July 1995 July 2025 Other "Condition Abbreviations:New--N Gccd=c FalrnF Ktods Replacement--R Pe ilei Tyr. t.- I V RcrOAN Lfcv?m Mr !ioi #9ar1, Re v. 4-1445 City of cky Comer-Building and Conaratmity 5attdth Dipircnt 61 Wngle Crcic Parkvmy, Brooltn CEnler, MN 5500-2199 1 Fhn 7I) 563-3330 1 TTY. 111 I Fa (76') 56-9-338D BUILDING AND COMMUNITY STANZ)ARDS XBRCOUICLYN CENTM L -Rentat Ltcns Mitigation Plan Type LV License Sections C—$(p5 to Improvo Mngmt wid Condition of Property The liens in this section have been proven to assist with property management and property imee, The fol I owing actin; are requireth 1)Check-in with tenants evety 30-dys. J 2) Drive by property to check tar possible ce violations. 3) Evict tanarLts in violation of the lease or any addendurns. ii) 1emaFn ctjrient on all utlIty fees, ta>es, assessments., fines, penalties, and other financialiiris/peyrnents due to the City,F-1 5) Other: The followi ng actions are optional unless required by the City. LJ 1) Provide lawnIsw 2)Provide gaibage seivice, 3) Install security system. Ej 4) Fovlde maintenance service plan for appliances, Nriie of service company: ) Other.: U the Type IV-8 Month Rental Lbense is approved by the City Council, the licensee must comply with the approved Mitigation Piarb and allapplioable City Codes A written report must be submitted byth 101h dy of each month with an update of actions being taken by the owner and/or aqnt.te comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A fihiablo forn can be found on the City's website at 'wmityof brooklyncenter. org or cal' (763) 569-3330 to have an electronic copy sent to you via emaiL Please attach additional information if necessary. F.igi Type (V ReArat Limme M11igain PA'q v, CiLyfBrnoldyit and CommuiiJy 5=d5 Poparlment tybrQ]c8nar.org C301 5hiri Creç Prw' :4J cj-jEi, MP 2i9 I Ph:n (T) -D I 711 1 Fx 73) BUILDING AND COMMUNITY STANDARDS)F'City of C Cl1ROOIN ttal L1enae Mitigation Plan Type IV License Sign and Veilfy I verity that all information provided is. true and eccu:e. I understand that if I do not comply with the approved Mi1iaUon Plan, comply with all Im within the kcense period, or operate beyond the license oxpiration dale, enforceme nt -acti.ons. such as citations, formal complaints, or lic tenso rviw may restJlL Jun Wang Omeror Mr1' NOme and T PI1) L 2J2iJO17 Oter 'A yen r (e. Defe Adir/r Qww Ndffid 0,06 ?1i' f App P1ui PrThQ tMil Otrirr 0 r Atrf S pw!w (l!ppW) Ciy STO4fy POke / 11L-) We /v /J City Bq1c1y BiiUdi ad Cofi1fly tdad trrixiklynilrg 331 Shn1 (rk Parky Ortx+,Irj fi Crkr. FAN 54-2i9 I Phne (7€) 3-3 TTY-'711 I F: (76) 5636D City Cuidli Agenda Hrn N©0 iL©i #2 [i1SJ(iJ I fl V Mk'A UhYA I DWA (II 1I 1Ik I DATE: March 27, 2017 TO: Curt Boganey, Cinager FROM: Sharon Knutson, City Clerk A"k*A^c SUBJECT: Type IV 6-Month Provisional Rental License for 7024 Morgan 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 7024 Morgan 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 dwelling. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on nineteen (19) 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: 10-21-2016 The Owner, McClure Properties, LLC, applied for renewal of the rental dwelling license for 7024 Morgan Ave N, a single family dwelling. 11-15-2016 An initial rental license inspection was not conducted; access was provided at time, of inspection. 11-29-2016 A second rental inspection was conducted and failed. 19 property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property. 12-15-2016 The $100 reinspection fee was paid. 01-25-2017 A third inspection was conducted and passed. 4Iiss!oi,: Ensuring an attractive, clean, sqf, inclusive conununsty ;ithat enlwces the quality of lift for all people and preserves the public trust [III1IMIJ I fl I N W4 UhYA I k'A 0) UI IlIJh'A I 01-31-2017 The previous rental license expired. 02-08-2017 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. 03-06-2017 A Mitigation Plan was submitted. 03-13-2017 The Mitigation Plan was finalized. 03-20-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 27, 2017. If approved, after six months, a new rental license is required. The license process will begin within one month. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive conunuithy that enhances the quality of liiC for all people and preserves the public trust [EI1IJ[iJ I N U Mh'A Uh'A I ak'i 0) UI flhJ 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. IW'iss!on: Ensuring an attractive, clean, safe, inclusive coninuinhly that cuuliauices the quality of life for all people and preserves the public has! [i1,J[SJ I U N k'A L'A I kT4 (I) 1.'II I1IJ'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 751/o 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. i3'Iiss!oii: Ensuring an attractive, clean, safe, inclusive conunulu!y that enhances the quality of life for all people and preserves the public trust 1IJ[iJ I fl U U MYA L' I Mh4 (I) 1II WJYA I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II— 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and-arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than I -S or more units Greater than 0.50 ssion: Ensuring an zt(ractive, clean, safe, inclusive comnwnitv that enhances the quality of lfe for all people and preserves the public trust I1flhJ(iJ I fl N N MA Uh'A I Ik'A (I) 1I I1lJtI Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan !Iissioi,: Ensuring an attractive, clean, safe, inclusive comnzunhly that enhances the quality of 11fi! for all people aiulpreserras the public (rust • 1 flUILIDX 0 AND COMMUNITY STANDARD S BROOKLYN MAR 03 20 17 Rental Leie Mitig a tion PI:ri Type IV License Hndwr(ten Miatfcn Pfns wiHnt be accep ted. A tillable form can be found on the City's website at wwwcityofbrooktyncentei.org or call (763) 5693330 to have an eoctmnic copy sent to yoi via email. Property Address: 7024 Morgan Ave N McCkira Properties LLC 7451 Z a nzibar Ln NOwner's Addiuss: Maple Grove , MN 3i1 Owner's Phone: (0.f 2) 207-3450 Owner's Rmaik corymco@yehoo.com Current Expiralion Date: ^ 1 -j+7 Local Agent(s): Agent's Address: Agent's Phone Agent's Email: Pendin Ex lYma tion D a te: ij in c7 Isix monlF'g rrmiscl Eased on property conditions a ndfor validat e d police nuisance incidents, the above, referenced property qualifies for a Type IV-6 Month Rental Licen s e, Priorlo applica tion approval by the City Cou neil a fully completed Mitigation Plan must be completed and approved by City staff, A Mitigation Plan must be completed immediately in order to ensure timely completion of the lire nse applica tion process. The Mitigaon Plan should indicate the steps being taken to correct identified vio l ation s and the meesures that wIll be taken to ensure ongoing coryipliance with City Ordinan ce- s and applicable codes. A Mitigation Plan allows the owner and the City to review encems and identify possible solutions to improve overall conditions of the propeity, If the Mitigation Plan is not ubrnitted, snd all Ite ms are net completed within the pending Iinse period, or the above property operates beyond the license e x pltation date, enforcement aUons such as citation, formal complaint, or license review may result. Before submitting, fill -out Sections A, D, and C located on pages 2, 3 4, and S. Rjgu Ile,• Pii, Th'. 444.15 City I Bxoi Cziir tI1&ia ul C uity Srnkzd pitrnn Alyncen E301 54 iingl Crk Prhwr, flruiyfl CiiiLt, MW 55430-21 I PhDn: 17) I IT?; 711 1 F; (753) 50 9 ,1360 BUILDING AND COMMUNITY STANDARDSICitbJ,yN 7024 Uccan Avo N Rental Llcevise Mitigation Plan TypeVLccnse Soo-tions A—Crimo Free Hous ing Progra m Requirements Phast E1 1) Use a written rease agreement. The !leae agreement shall include the Crime Free Housing Lease Addendum. A copy of the lee agreement and CrIme Free Housing Lease Ad(lendum must be attached to the MLIaflQn Plan when submitted, (j 2) Are to pursue the termination or lease agreement or eviction, of tenants who violate the terms of the lease or any adderidurns fJ 3) cduct criminal bagrotnd check for all new prospective lenarLts. It it is a current tenant a now bickroLmd check is not required, blvsl be able to provide documentation to Cy if requestd. 4)Attend a City approved eight-hour Crime Free Housing training course. Information for approved curses can be found at www.xmicpa.rieL under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when subt1tted. ( f Crime Free Housing trairLing was completed onus scheduled for: J(q Owner or agent attended/Is planning to attend traininq at city o 5)Submit Monthly Update by the 10 14 day of each nionth. Phase II 1) Complete a Security AosmeRt and implement irnprnvernents requested by the Brooklyn Center Police Department. To schedule an Initial rfollow-up Security Assessment, call (763) 5693344•, A follow-up assessment must be completed before the license exp[ration date to veThj the security Improvements have been implemented. If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed oriis scheduled Secirrfty Assessment follow-up was completed on/is scheduled for: Continue Soctlons A, Phase Won page 3 444-f1 CHyof Brooltlyla Center—RaViltmg and C1iUtt)ai1t'J gtandnzr4 Ttflfll WYMdk1Tcener.or9 30 I Phi7) -iM I TTY! 711 1 Fax; (763) 10A350 X1BRRC0bXLYN U1LD1NG AND COMMUNITY STANDARDScity *f 7024 Kioe-^an Ave N CENTER Rent a l Li ce nse Miti g at ion Type, IV License SctEQrs A-Crirno Free Hou sing Pm gra m Require ments (co,illnud) Pha s e UI j 1) Owner or agent will attend at minimum 50% (2) of the ARM. neeUs. The A.R.M. meeting mist be comp l eted withiki The rental licen s e p er i o d nd before the pendFpg Type IV L i cense expira tion date. Registrat ion Is not required, hover you must sign -In during the meetin g . Writs Iwo meeting dates rn owner or agent pl a n toaond, Owner or agent wI1 ttend A-RM. netine scheduled orl,, and! 57/1 2) Have no repe a t oode V1 018 00na previously documented with the pa s t year. The fol l ow i ng tions are required forpropertIeswith four (4 ) mora uffits.Li 1) Conduct resident training annu a l l y that include crirn prevention techniques. fl, 2}Condu c t regular re5idenl meetings Pi ikri P&ir R 44-5 City o f BkIyii Citimuitiy £t*idird Pp1rnrit ww,cThi'4et 5hIrIe Crkiahwy G.,rooklynCrniwM 4-19 j TT:711 rnulLnrNG AND COMMUNITY STANDARDSCity of RRCCENTER BROOKLYN 1024 Rental License MftltJon Plan Type IV License SectIons -'Long Term Cplla1 Improvement Plan Based on condior and age, estimated replacement dates need to be provided for cornmori capital itern-. Funding should be considered cordingly. Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced soonor. Air hems must have a date for Eshired Peplacenjent Date. Dates such as, unsur&"don't know' or whn broken will not be accepted. If you are unsure of when an Item will need to be rplced, you can mako a prediction based on thoa1go, appearance, condition, or rnufacturerhdustry recommendations, Add Ronal information on Expected Useful Life can be found at wwwhugov, Item Date Last Replaced Condition*Expected Replacement Date Ex a mple. Water &fqMr My 2010 F May 2020 Furflace 2011 2031 Waier Heater 2011 19 Kitchen Appliances 2011 G LunA.pplance 2021 Smoke Ala mis! Caton Monoxide Alarms 2017 N 2020 Eerfor Items PaintiSiding 2011 El Windows 2009 [J 2022 Roof 200 C3 H 2029 Fence Shed rno Garage GJJ never Driveway 1999 a Sidewalk 2026 Other: 'Coni1io,i AbtIis:NewN ood=G FirF Needs RrplacmntR P99 410 Type N Rtr?i! ¼jri Atliwi Ftyi. R aw City 1ErktyIL C te—tiiIdin .nd Community w,ckIyrkr,cg 3Q1 hinçi Crcc Prky, BrJ cflIL',, MN 3p-21$I Ptne:(e)563-330 I T1Y711 I Fai: RUmUING AND COMLJNLTY STANDARES :mNLYN CEXTER Rental License Mifigatlon Plan Type IV License Sction 5 G—Steps to Improve Manageff!Ont Ond Conditions of P'oper1y The items in thls section have been proven to assist with property management and property image. TIiofol] owing acttor are required: 1)Check-in with tenants every 30-days. 2)Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any edendums 4)Rernin Current on all utility fees, taxes, assessments, fines, penalti, and other (nial claimslpayments due to the Cfty. J 5) Other: The following pctlons zire optional unless required by the City. ElI 1)Provide lawn/snow service-F ]2)Provide garbage service, 3)jJ Install security sytern. i:4)Provide maintenance service plan for app1iances Name of service company:,_ LI] ) Other: If the Type IV6 Month Rental License Is approved by the City Counci1 the licensee mus t comply with the approved Mitigation Plan and all applicablo City Codes, A Written report must be submitted by the 10th day of oath month with sn update of actions being taken by the Wner and/or agent to comply With this M109ation Pari. A copy othe Monthly Update can be found on pane 7. A fillable form can be found or the City's weblle at wA ci(yofbrooklyncenthr,or or c&l 763) 5693330 to have an eloctronic copy sent to you via email. Please attach additional information If ncessayy. Mi Tyç W Remkj ? Umnso Mor, 4-4-5 City ofBi lt1yi Ocploy--Rullding ard Com, rnuhy StandatdabciptAmetit v.woclr.r 6!U1 S!iihi1 çr Pirkwv Crcklyn Crkr,MN C-215 I Phone: (76}563-3130 1 11Y 711 I F;?O)&-13E1 WLDLNG AND COMMUNITY STANDARDS c 6xLYN 7021 Morn iW N6 -Rertat License MitgatFon Maki 'Type IV License Sign .and Verify verity that all information provided is true amd accua. I understand that if I do not comply with the pprovd Mitigation P12n, comply with alf items within the Iicerio pedoc, or operate byond the 11cene expiration date, enforcement actions such as citations, formal complaints, or lIcr15e review may result, Cory McCiuru Owner or Arir &Ig rov and Title L Owr Cf Agri $Ur0 Da te Ado?t)oi Owur arAnI Name and rYr fptr Pnn) Addi OWnvr &g1rure (JfApj) City Siaff Only -- x bprirYrnM $aFe /TTP H DateLLiJ i1j d pcIrr?i Type ,'V PiirJ Lre iLrivi PYn, Rw, 4-1$-5 City cñc1y Cente—BW1dittg And Cummixnfty atdad I)ni 0 01 Shin 91 D CruokPrkay, 8 ron Ccikr, MN 5 6 0 O2i) hie: 7) TT?: t11 I F. (7-33O City (C©ill Agendn Hem N©0 Aa- #3 [EI1Ii(J I 1 U M'4 I'A I Dk'A 0) UI P1IJ I DATE: March 27, 2017 TO: Curt Boganey, City Mer FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6900 Regent 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 6900 Regent 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 dwelling. 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: 12-08-2016 The Owner, Houa Her, applied for renewal of the rental dwelling license for 6900 Regent Ave N, a single family dwelling. 01-03-2017 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 01-31-2017 The previous rental license expired. 02-02-2017 A second rental inspection was conducted and passed. 02-08-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality Qfllft' for al/people and preserves the pa b/ic trust [i1i1IJ[iJ B U V ak'A LA I ak'A 0) 1II I]JJh!À I 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. 03-09-2017 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 pian, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-09-2017 A Mitigation Plan was submitted. 03-09-2017 The Mitigation Plan was finalized. 03-20-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 27, 2017. If approved, after six months, a new rental license is required. The license process will begin within one month. 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 fl11sc!on: Ensuring an attractive, clean, ,'a/i'. inclusive conununhty that enhances the €jiuilitj' o,/ life for al/people and preserves the public trust II1BJ[J I fl N M"A Uh'A I IIk'A 0) UI aIJi consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an allracth'e, clean, susie, inclusive community that enhances the qualify of lEt' for al/people and preserves the public trust I[I111[I1 I U I I 114 U'A I kA [I) 1I UIJk' I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring Iii: a#ructive, clean, safe, inclusive community that en/lances the quality of life or all people and preserves the public trust [6010[6 I I N M'A U I k'4 (I) t1I I1IJk'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 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, sqf, inclusive continunhty that enhances the quality oJIfe for all people anti preserves the public trust [i1IJ[Si I R I V 3k'A U I I'A [I) t1I P1IJ I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan A'Jission: Ensuring an altruc1ive clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (must BUILDING AND C0Mr4VN1TY STANDARDS ar'EBBVRL801MYN RiitaJ Liana Mitigation Plan Type IV License Han dwfitten.ffftadbrt Plans will not he accepfed A fLilebte far can be found Oil the Cltys ebsite at w .vyofbroodyncenterorg or cell '(763) 669430 to have an electronic copy sent to you via email. Property Address: 600 ntAveN.ruoktyr Center. MP 542 Owncr's Name(s): l-toi Hr Ownes Address: 271 3 63rd Ave. J. C3=lilyo Cth,t1 1N 55430 Local Agent(): Agents Mrlrcss: Owner Phone: (763) 4yaoI4a Ownors Email: Current Expiration Date aivi Aents Phone: Agent's Emell: 1`16rtclirig Exptitiori Date: (Sbt fflUtft from CUrMnL43KPYUtWj ifrJi Based on property cordlUon and/or valcted police nuisance Incidents, the above referenced property qli'lles for a Type IV Month Rental Ll6t-tiso, Prfci -to application approval by the City Catimll a kiFJ mpteted MtTiatIon Plan must be completed and Ppproved by City staff. A Mitigation Plan must be completed lmrni!4slely in order to ensure 1irny completion of the license appilcmion process, The Mitigation Plan should Indicate the &%ps WIN taken to correct ithuiWied violations and the rneaursa that will be taken to ensure ongoing ocnipllte with Cy Ordinances and applicable codes A Mftigation Plan a110w6 the owner and the City to review corkoems and ldentlF' posbte solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, end all items are not cmpleled within the pending license period, or the above property opelates beyond the lioertse expiration date, enforenint otions sueb as citation, formal complaint, or License reiew may result. Before submitting, fill-out Sections A, R and C Il dt a ted on pages Z 34, and & Nip Va Tji wAvrih, t Pw City of Drum" 1unt BUILDING ND COM: TT STANDA1SC' ofIMIM 6900 Ro?snt Ave. N. EXTIER Bwokent&M 554 Rental Ue Mitiation PaM Type IV License Setion A—Cifte Free I*s*iy Program Rtternnt Piiae i Usewrtten lease agreerren. The inciudeTheCrine F me Housing Lease A&1ndur, A copy of the lea s e arernerit and Crrno Foa f1rig Lease Addendum must be attached to the MtiatIon Plan whei sobmitted. 2) Areeto pursue the tmlnation or lease agrei1ent or eviction of tenants who violate the teirns of the kaee or any addndurns, [7J 3) Condu( rirnfril background thek for ol l new prospccthie tnS, it it is a current tenant a new backgond eliec5c is not required. Must be We to provide dournentation to City if requested. [] 4) Attend . Cly approved eight-h o ur Crime Free Housing tralning ovme. Information for app roved c ourses oan be found at vAwo,m rio p a met under the TraWnq Ond Events tab. A copy of the Cr i me Free HousTni Certificate must be attached to the Mitigation Plait when ip ubmlitted. •Crime Fre e Hou si ng tra i ning was mpoted cnteduFed for Owner or agent attendedfis plannirg to attend tr a Wng at city of. IBrOO *ncemlef ) ubrnft Monthly Update by the 10th day of month, Phase II 1) Complete a Security A s sessment and iiipleriiM improvements requesed by the rookiyn Center Police DepartMorit. To schedule an Initi a l or follow-up Security Assmont. call 763) 53344. A fo1Tow.up sea nt must be competed before the Iicene expiration data to verify the security irnpnvements have been implemented. 1fathcurity Assessment has been praious1y completed, wilta the completion Security Assessment was completed ons scheduled for 52117 I ^ ^ ^141Security As*nient toIiow4rp was completed oMs r-^U , Continue Sectio A, Phas e Ill on page 3. Fo2i Limapq C1y o 1dy]1 GuHng CmmuiiLty Ida w ot)jnenr 'x BIThD1NC MW CO rdMNM STANDARDS I( Brva.lyn; Genler,.MN 55429 Rental License MTtitIn Kin- . xUd . ..... . .. ....Type WLicense Sections A-Cthn &ueHo vS1-n_9 Program Rq meija (ued) Phasa III 1) Owner ef agent will aftend at minmum &} (2) of the ARM neeting. The ARtL meatings musk be campleted whTn the ren1Lense peiiod and before Iho pending Type IV License expiration dab. Rei*atioa is not required, fiavmver you fliu9t iirjri4ii during the meethig. Write two meeting dates an ownt or agent plan to atend, Owner or *flentviJt aterLd A.R.M. mee1ns saoduted on: [2] 2) Have no Mpe tode vkltions previously docurnented with the past year, The following action are required for pre with foui (4) or more irnI1 [J 1) Conduct rIdnE tritining arm -ually that includes crime prvenkin techniques. 0 2) Conduct regular resident neThi. Ctt Jxot klpi and nud 5 1&rd !wnt CoiditI G G N 3 ILl Expected Repcint Data May 2020 2022 2020 2024 02o 2030 2022 2030 2030 2024 3rc, rnmjD]LNG AND COMIWITA1TY 1T1U1DARD MD Regent Ave. N. Soctfns B=Ln.q Te rm Capita l i.pravtNnci1t Plan Based on condition and age, e.stlnaed f0plooernent dte need to be piovidod for common capital items. FuMIng shwldlbe coridered accordingly, llems that are broken r W0T11 or iothanvise in vioatin pricr to the esVmatecl replacement date need to ba repd soiier. All item must have data for E&ntd ieptecemerp! Date. Oates s uch : unsur& dart knw' or when hr'ORW will not be eptth LI you are wisua of when an item will need to be rop1ad, you can rake a prediction based on the age, appearance, cGndifion, or fotuidry Additional rnfomiatian orkExpected UsetU life can be found at wiis hud gov Item Date Laet RepTaved Exrmp$o: Water Heater May 20M Furnace 2012 Water Heater 2010 Kitchen Appliances Laundry ppliances Srmoke Alami/ Carbon Moiioxide Maws 2015 Extorlor Items Piri&SidIng 201 Windows 201 2010 Fence 2015 Shod None Garage '57 Driveway 201€ Sidewalks None Other. NewN Fair--F Nee Pa 4/ 73 tVRaatLkMifgcmP k.4-44 Cy f 0' Qklyn C0jdeY--BUU"gand cozmifly Slanaarda Department 13MILDING AND coMi\cm:rrT STANDARDSCtyc1 BROOKLY] RontAveN. CENTER B=Myn Center, MN 554 Rental License MItigtpn PIri License $etion C-ips to Improv Mieemwf and Condflians of Property The item in this setk1rb hve been proven to assist with property management and properly ime The following actions are required- 1) CF*ckin/ith tenants every 30-day. 2 Drive by prDptjto obeck for poasiblu code 3) Evtl rlatit5 In Violattan of the lease or any tdeidwiis, [fl 4) Rerrialn creriL on all ulfilly fees,taxes, as-msrneris, fines penaIifes and other nancia1 cIairnsFpayrneiiE due to the City 5) Other; - The following autions are aptlanal tjr.iijoss rquird by the C[Ly. 1) Provide lawr0snavi service, LI 2) Provide be sepke 3) Install cudry system. [] 4) Provide maintenance service plan for apptiars. Name of service oiiipany: - o 5) Other: If the Typ FV-fk1onth Renta' Lioense is approved by 1h City Council, the Iiceisee must comply with the approved Mitigation Plan and all app1i City Codes, A written report mist he sub-mitted by the 10My of each month with an update o1actoribeing taken by the owner ndIor e-erit to comply with this tation Plan. P copy of the Monlh[V Update can be found on pe 7. A fi(lbie form cain be found on the Citys webslth at vAvWcityArooklyncenter.oirg or call (73) 9-3 to have an eloGtranic copy sent to you via email. Please attach additional inform11on if necessary, JVJCS(39 PJ.aJ' Jav, 414-5 City and ChkLwiw nt thyThrn1er E.rn J1r A joit Narn Thf (Rem P1Q U2Ui Owner crAgernSkJr14wr. AUit Okow wAgent NameerAllle (I Appribo Plavao Pi*i) Add1kw& Owner or AganiS io ti alwo fJf cabJe Data city Sfi1Qny ct _____ 4frT1t iL rxf rn!Jn' Jr!iw$s Lparfn7 PIDS &V Typ R'nf Ucia 444-15 Ct*y et k1y tex—Bid14I i4 pflmn City Cdli Agenda ]Ifrrn N©0 Ma- #4 [S1i1IJ[* I fl I I 4k'A U I k"A 0) 1I )1JJi DATE: March 27, 2017 TO: Curt Boganey, City Mger FROM: Sharon Knutson, City Clerk JAJ2)'L SUBJECT: Type IV 6-Month Provisional Rental License for 4714 Wingard 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 4714 Wingard 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 dwelling. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on thirteen (13) 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: 10-10-2016 The Owner, Heeyoon Kim, applied for renewal of the rental dwelling license for 4714 Wlngard La, a single family dwelling. 11-03-2016 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria. 12-06-2016 A second rental inspection was conducted and passed. 01-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-05-2017 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, dean, stile, inclusive community that enhances the qttithtj' ojlfe for allpeopk' and preserves the public tilesi [iLII1IJ[iJ I fl V I M U I IkA 0) tUI I1II I license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-31-2017 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. 01-31-2017 The previous rental license expired. 03-09-2017 A Mitigation Plan was submitted. 03-15-2017 The Mitigation Plan was finalized. 03-20-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 27, 2017. If approved, after six months, a new rental license is required. The license process will begin within one month. 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 Mission: Ensuring an attractive, clean, safe, inclusive coninni ally that enhances the quality of 1fa for all people and preserves the public li'ist [EI]BJ[SJ I fl U N MhYA U I 3k'4 (ii 1'WI IlIik'A 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. Mission: Ensuring an aItracti3'e, clean, sufe, inclusive Community that enhances the quality oj1fe for all people and preserves the public trust [SLI1tk[iJ I U V DJ'A I'A I M'A [I) t1I WA!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 comiuuUitV that enhances the quality of life for all people and preserves (hepubllc trust COUNCIL ITEMU IME M ORAND UMt1WI I1IJ'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 2 Greater than 3 Categories 3-4 units Greater than 1 5 Or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safè, inclusive community that enhances the quality ojlft' for (111 people and preserves the public (rust [EI]JJ[ii I U N M'4 U'A I k'A (I] t1'WI flSk'kl Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an aitiacth'e, clean, safe, inclusive conunuinty that enhances the tjtialitj' of life for all people and preserves the public trust BTflLDZNG 2ND COMMUNTY STANDARDSCIycI E4J1N MAR 9 Rental License Mitigation Plan Type IV License Handwritten Mitigat/or Plans will not he pte. A fillable form can be found oil the City's web site at ww.ityofbrookiyiicenter,org or ofl (763) 660-330 to have an electronic copy sent 10 you V12 QrflII. P ropertV Address: 4714 Vnaid in Owner's Name(s): Heayoon Kim Owner's Address: 121 EoliorBtvd MinnnI MN 514 Owner's Phone: (012) 300-2200 Local Agents); Agent's Address: Agent's Phone: Owner's Email: Agent's Email: Current Expiration Dat 11l17 Pending Expiration Dale: MU17 rsig n -Th Based on property conditions and/or validated police nuie lnolderts the above referenced property qualifins, for a Type IV-6 Month Rental License Prior to applloation appovI by the City Council a fully completed Mitigation Pan must be completed and approved by City staff A Mitigation Plan must he completed imnwdiately in order to ensure tirnery completion of the license application process. The MiUgtion Pin should Ind ic.ate the steps being taken to correct identified violations and the measures that will betakri to ensure ongoing compiiane with City Ordinances and a ppflcbte codes. A Mitigation Plan allows the owner and the City to review c..oilcarns and identify possible solutions to Improve overall conditions of the property. If the Mitigation Plan Is not submitted, and all itern5 are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcemetit aotions such as citation, formal complaint, or license review may result Before submitting, fill-out Sections A, B, end C located on pages 2 3 4 and 6. P1 Type VFnk'J tnt4 *Pa't Re.. 4-14-15 City of Bro o klyp C o n -'Th1ding and CotttituniLy Staytdaydil Deparimoni C301 Shingle Crock P€irkwy, Iroklyn Citf, hiN 54O210 I Phone: {70) I430 1 TI?; 711 1 F 763) Phase I Ri 1) use a wiitten lease agreement. The lease agreement shall Include the Crime Free Housing Lease Addendum, A copyof the tease ag emuuand Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 2)Agree to pwsuo tho larminalion or lease a0reement or eviction of tenants. who violate the terms of the lease or anyOddeOdUms. 3)Conduct criminal background check far all nw praspetive tenants. If it is a current tenant anew bc1ground check Is not required. Must be able to provide documentation to City if requested 4)Attend a City approved eight-hour Crime Free Housing training course Informalion for approved courses can be found atwvw.rnncpa.net under the Training and Evn1s tab. Acepy of the Crime Free Housing Cortifleate ,rnutbe attached to the Mitigation Plan when tubrintttd. Crime Free Housing training was completed on/is scheduled for - Ownet or agent atteridedlis planning to attend training at ctr of 5)Submit Monthly Update by the 10 ". day of each month. Phase II J7J 1) Complete a Security Assessment and implement improvements rsqciesed by the Brooklyn Center Police Department- To schedule n ln1li& orl'cltow-up Security Assessment, call (763) 560-8344, A follow-up assessment must be completed before the license expiration date to verify the sacurily improvements have been Implemented. Ira Security Assessment has been previously completed, write the completion date Securiti/Assessmentwas completed on/is scheduled for: 21fl SecuRy Assessment follow-vp was completed on/is scheduled for: Continue Sections A. Phase Ill on pane 3 tUii Pti, Thi. 4445 f .o1yn CeM —BLAIdIng and ttthuutILy adad Dptett 'AkIyncIlLr.ara 6301 5iInte Cree P&w, 5rcW'i center, MN 4-21 1 Phone: 73) 5-335 TTY! 711 1 Fag:çT63J E6935EO Phase ifi } 1) Owner or agent wli attend at minimum 50% (2) of the A.R.M. meetings. The ARM, meetings must be compotod withhi the rental 1ens period and before •the pending Type IV Lknsr expiration date, RgitratiQti Is not teqikd, vr yo u must sign4ri during the meeting. Write two meeting dates an owner of agent plan t attend. Owner or agent will attend A. meetings scheduled on: and 5!lll? 2) Have no repeat code 'iiolations previously documented with The past year. The following actions are required far properties with four 4) or more units. 1)Conduct resident training annuafty that includes crime prevention (echniques, 2)Conduct regular resident meetings, 444-5 ty 411wHkIyn Cenley-4ufldlng and Cmrn y pr1mt 6301SiIrls Creek Parky, erclJn Carder. MN 43O41L1 I Ph; (7) 563 ,1330 [ IT?; 711 1 Fax: (763) 569a33490 BUILDING A ND COMMVNITY STANDARDS XBRC OKLYN 14WjnUr1Lri Rental License Mitigatfon Pl a n Type LV Lene Stion E—Long Term Capital Improvment P!# Based on cond ition and age, nitd re pla cement dates need to be provi ded for corn mo n c a p i tal items. Funr shild b e cons i^d ered, accordin g ly. Items that are- br o k e n, worn or othen'iise in violation prr to .1he estimated replacement date need to be replac e d Sooner Al l items must have a date for Ethrnatad Repic mett D, ich as"unsure", dnt know or broken" will n o t be accepted. if you are unsure of w hen an item will need t o be repl a ced, you can make a predic1ion based o n the age, app e arance , condition, or m.anufacturiahridstry recommeni clati ona, Additional nfomrnation on Expec t ed Useful Life co n be tcutw atwvwhud ov CotIoi expected Replacement Date F May 2020 G 2028 6 2026 2026 2028, Item Data Last Repla c ed Exa mple: Water Hea ler May 2010 Flu raco Water Heater Kitchen Appliances I Lindry Applknces 10112 Smoke A!armi Carbon M o noxide Alarms 11112 Eirinr Itern Paintlsiding 10 Windows Roof, Fenco Shed Garage 100 Dri v eway Sidewalks NA Other: 2017 F 2028 20.213 2028 2028 6 20&) ndilo J.bbIeion: r{ewN FEiIr=E Ntth RDpl2riEntR Pag e 4/ Mirj&1i Pim. Rev. 44445 CEy Br kIywcr1fti mnU CQtrzuukiy KU1nd R rd5 Dep affMnl 0301 Shirlo Crck Prwiiy, 6rokIyn Ccnr1 5432i90 I Pkrrn (702) 0-330 I flY: 711 1 Fat: ?6) -60 The following actions are required: { i) Check-in with tenants every 30-days. 2)Drive by proporty to chock for possible code violations. 3)EvicL tenants in violation of the ieao or any addendums. ZJ 4) Rem &n current on all utility fees, taxes, asossrnents, tines, penalties, and other Yirancia1 claims/payments due to the City , j 5) Other: The fbilowing actions are optional unless required by the city. [) 1) Provide lawn/snow service. F-1 2) Provide garbage service. fl 3)install security systern, JJ 4) Provide rnalnlenance sewioe plark for dppllances Name of service company: LII 5) Other: If the Type IVB Month Rental License is apprevod by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Goes. A wr1ttei report must be submitted by the 10th day of each month with an updt of Lions bein9 taken by the owner and/or agent to comply with this Mitia Lion Plan, A oopy of the Monthly Update can be found on page 7 A fihlable form can be found on the Guy's wbsito at ltyofbrookJyncenterorg or call (763) 69L3330 to Ii ave annilectionjo, copy sent to you via email, Pfeso attach addltilonn[ information If necessary Ty;m WRuntaf hi-1 If qaflar?'PiWn, Rw. 44445 iy of Brooklyn e-5u1idI.uij aid ComytiurLtty Stmidards DapartmMni 6,101 Shlrgle Creek lrYy, arodr C'itr, MN 55430-2199 1 Piar (Th]) 5535330 1 TTY; 71 I F; 7) 3W) BUILDING AND roMMuNruir STANDARDS cityof Winird Ln RttaI Licerise Mitigation F(aiiCENTER Type IV License Sign and Verify I verify that infom'iaflQn provided is true and accurate. I understand that it I do riot comply with the approved Mitigation Plan comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such F'as citations, formal, corriplaints, or license review may result. IlG()fl Kim, Ovrr Ownor o,-Agaref Name r?d liVe eP.Iease PrJ Owjir c'r Agent Sgns!i1re Dafe j1,mi( Dwner cr rer. Name erd Tine ((f App i.ebJe, P4 P) Add(Unnal Owner arAgent Sign ature fAppi) Date City SaffOi?y 2y - ptmr) á2/L7 flrThriI)/ Sf J'rth Dpr.3r(m pzipf V6 Type W Renraj Fti, Rvi, 4.1445 y olBroDhlyn cent Bldd c fdird DQpartrnnt 6301 Shhyjle CY( Par kiy, flrikIn CnhIr MF1 55430219 1 Pior 1Y: 711 1 Fax (763) 56'33aU City Cmiil Agenft fftem N©0 Ma #s DATE: March 27, 2017 TO: Curt Boganey, City er FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 2806 65th Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 2806 651h Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on February 13, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on two (2) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates, attend Owners/Managers Association Meetings and complete the Crime Free Housing training. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. A'Jissio,i: Ensuring an attractive, clean, safi', inclusive coniiflnflhtv that enhances the IjiUiIitJ' (if hije for till people and preserves the public trust [Eli IJ[iI I fl I I DW'A L'A I )k"A (I) UI i]JJhYAI Current rental license approval activities: 01-13-2017 The owner, A-Jelil Abdella, applied for renewal of the rental dwelling license for 280665 1h Ave N, a single family dwelling. 02-01-2017 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 02-10-2017 A second inspection was conducted and passed. 02-23-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-23-2017 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. 02-26-2017 A Mitigation Plan was submitted. 02-28-2017 The previous Type IV Rental License expired. 03-13-2017 The Mitigation Plan was finalized. 03-20-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 27, 2017. Prior Type IV Rental License approval activities: 06-24-2016 The Owner, A-Jelil Abdella, applied for renewal of the rental dwelling license for 2806 65 th Ave N, a single family dwelling. 08-31-2016 The previous rental license expired. 11-23-2016 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 12-09-2016 A second rental inspection was conducted and passed. 01-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-05-2017 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. 01-31-2017 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. 02-03-2017 A Mitigation Plan was submitted. 02-03-2017 The Mitigation Plan was finalized. 02-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. !kl!ss!ofl: Ensuring an aitiudilve, clean, sqft, inclusive community that enhances the quality of lf Jar all people and preserves the public trust :E•1sJ[iJ I UI I MA U I M'A (I) 1I t]SA1 Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. .4'J'iss!o;,: Ensuring an attractive, clean, sfi, inclusive canaan nily that enhances the quality oJlfe for all people and preserves the public trust EI1SJ[SJ I fl N N DhYA U'A $ IhYA (1) 1WI P1SI0 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. tfrJLss!ofl: Ensuring an a!t,actiPa, clean, sife, inclusive cvniinunhty that enhances the quality ojiEje for all people and preserves the public trust iI[I1IJ[iJ I fl N N 3W4 UhYA I h"A (I) II mi I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 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 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 i'Jisc!on: Ensuring an attractive, clean, safe, inclusive cominanity that enhances the quality of lift for till people and preserves the public trust S[O]JJ[IJ I fl 1 V V DIk'A U'A I Mk'A (SI 1IflIJL'I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 2806 65th Ave N Mission: En-curing an auiradilve, clean, safe, inclusive communily that enhances (lie quality of lsjj' for all people and preserves the public (rust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 2806 65 " AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 2806 65th Ave N, was issued a Type IV Rental License on February 13, 2017; and WHEREAS, City Ordinance Section 12-901,2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 2806 65th Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings, turn in monthly updates, and complete the Crime Free Housing Training Courser NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 2806 65th Ave N, Brooklyn Center, MN. March 27, 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. BUILDING AND COMMUNITY STANDARDS TROBOKLYNityof Rntl License Mitlgti Plan Type IV Liene HdwriUe!3 MitUorj Pi a ns will not ho a ccapted.A fillable fomi ca n be found on the City's website tw,cityetbreoktyncontoi.org or call (763) 69-3330 to have an electronic copy sent to you via email Property Address: 2806 6th a NBrooklyn Center, MN 54:$0 Owners Name(s), P,-JELILI8DEL1A Local Agent(s): Owner's Address: 1007 GEQRC9A M'E N Agent's Address: BROOKLYN PARK, MN 55445 Owners Phone: (70)464-3477 Agent's Phone: Owner's Email: duskannoo@aiLOfl Agents Email: Current expiration Date: 4/[r - Pending E xpication Date: g/,,j (- (5k monifis frcm. curront prIian) Based on property conditic'n5 and/or validated police nuisance incidents, the above referenced property qualifies for a Type I'/-8 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff A MiUgtion Plan must be completed immediately in order to ensure timely completion of the license application procew. The Mitigation Flarishould indicate the steps being take to oortectldeiitifled Violations and the measures that will be en to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the city to review concerns and identify possible solutions to improve overall conditions of the piaperty, If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, ortha above property operates beyond the license expliation date, enforcement actions such as citation. formal coniplairit, or license review may result. Before submitting fill-out Section$Section A, B, and C located on pages 2, 3 4 and S. Pe i'5 Type W'if 69rI P, th'. 4-14-15 C1y f x i4yi Center—Ruilding and Communhy St@ndayds DQPATCM0n1 6301 Shingl Or ".h Pirky, flrckIfl Cn1ec, MN 40-210 1 Pkinr (7I33) 1 TTY 711 I 7) Ufl DING AND COMMUNITY STANDARDS BROOKLYN nC4nLr MN 5&130 ReritI License Mitigation PlanCCl Type IV Licen-ae Sections ACi1rn Fte Hous"" Program Iaqu1nnt Phase 1) Use a Written leaseoijreernent. The lease agreement shall Include the Crime Free Housing Lease Addendum, A copy of the tease rnard CrIme Free Housing Lease Addend um irnost be .ttahed to the Mtiatlon P1r whet s ubrnitted. J 2) Agree to pursue the tenminaion or lease agfeement or eviction of tenants who violate the terms of the lease or any edddurn, 3) Conduct criminal background check for all new prospective tenants. 11 ft is a cLirrent tenant anew background theck Is not reqi.iired Must be able to provide documentati .orb to City if requested, [] 4) Attend a City approved eight-hotir Crime Free Housing training course. information for approved courses can be found at w'A's,mnoparlet under the Training and Events, lab, A copy or the Crime Free Housing Cert11lcat must 4o attached to the Mitigation Plan when submIttd Crime Free Housing training was c ornpleted onus schedirled fQr Ownei or agent attendedi'l$ planning to attend training at city of: I yr j 5) Submit IAonthly Update by the 1Oday ofai month. Phase II ] 1) Complete a Security Assessment and implement improvements req uested by the Brooklyn Center Police Department.. To hedue an initial or follow-up Zeccirity Assessment, tall (73) 9-344. A follow-up assessmant must b npeted before the license expiration date to verify the seouriq rnp'ovrnents have been implemented. If a Security Assessment has been previously completed, write the completion date Secu (Ity Assessmeint was completed on/is scheduled for Security A sesnient follow-up was completed on/is scheduled for: 21 171? Continue Sections A, Phase Ill on page 3. PE 2ev TyM bvsnse M&IrJti, m. 44-I5 City of oQdyn Cenle- tdCofftnak1h1ty3tandiuds DptniwI wkvw.k1y1eMLcg 301 StIngic Crock Parkway, Sraoklyn Center, UN MOO-2199 I PIiar: (7) 4O 1 TTY: 711 .1 Fat: (T63) 5635aO BUILDING AND COMMUNITY STDARDSCity *fROO{LYN I!nr MN 63O Rental Lkie Mitigation PlanCC, Type IV Licne Sections A=Cthe Free Housin g Progrrn Req u irements (conilmiecl) Phase HI LZJ 1) ciner or agent will attend at minimum 50% 2) of the AJM rnetirigs. The A.R.M. mooUngs most be completed wlthhi the rental liceno period and before the pending Type IV License expiration date. Registration is not iequired, wever you must i9 ri-in duting the meeting. Wiite two meeting dates afl oviner or agent plan to Owner ot agent will attendA.R.M, n1eerg5 scheduled on and 5'11/17 jJ 2) Have no repot code violations previously documented with the past yr. Tho following actions are rciqu]rd for properties with four (4 ) r more unite 0 1) Condilresldnttraining annuarly that includes crime prevention ihrques. El 2) Conduct regular resident meetings Rev, 4-i4- cily t lgrijob4nt—Bfldg n4 C muith/hdrd pi1rn.Gn1 IryPflter;O(g 13501 ShhvI Crek P-iki' Rrokjn Csnter, MN 5513O ais I Ph 73) I TT' 711 1 F- (7O) BID1DTNC AND COMMUNITY STANDAIWS?f City of -.BRO OKTYN LIii 6 5th Ave N CENTER Broklyii Center, MN 43 Rental Licet Mitgtion Plan Type IV License Sections BLcwg Tenn Cpita1 Improvement Plan Based or condillory and age, estimated replaeiient dates need to be provided for common capital items. Funding should be considered aciirgIy, Items that are broken, worn, or otherwise in vioation prior to the estimated rplaement date need to be replaced 600ner, PJI items must iave a date for Es tim at ed Replacement Dale, Dates such ss "unsure","don't know", or when broken' will not be accepted If are unsure or when an item wIJ need to be replaced, you can make a prediction based on the age, appearance, condition, or niufactur&indutry recommendations. Additional Information on Expected Useful Life can be bound atwwwhud.gov . Item Date Last Replaced Condition' Expected Replacement Dt Example: Wafer Heater May 2010 Furnace Water 1-leater June 2C08 Kitchen Appliances March 2016 Laundry Appliance,., March 2016 Smoke Alarmsi Carbon Monoxide Alarms OcloW 20.16 Exterior items PaintfSid ing May 2016 Windo August 200.9 Roof M a y 2000 Fence none Shed 1959 Garage 1969 Driveway 1969 Sidewalks NmB Othec F May 2020 C 2024 G June 2024 G June 2030 P1 June 203 N Junci2O24 N June 2021 a June 2030 0 Arne 2030 Condition Abbreviaton: NewN '3o-iJ=G Fair--F Needs FepI6crrøen1=R Pap 41 ry,L (LI R Pint, Rev. 4-i4-5 City of Brooklyn Cettt --RLLI[ding aTtd. Convnvnity Standards D1rnent 01 icCreek F.ar1wa, flrDk1rl Cnlr, MN 43U-196I Ph: (63) 56330 I TTY-,711 I Fa (7B3) 5E-3.30 BUILDrNG AND COMLVflJNITY STANDARDS CityOf- -- I1EXTER BRO Br kri Crer MN 5-13 Renta' LcoE Mitigation PL2r Type IV License SC1OflS c—$ePs to Improve Ma nagement a n d C on ditions of Property The items in this sectron have been provan to as5i5t with pioperty management and property image. The following actions are requFred 1)Check-In with leoant5 every 3O4ays. Z 2) Drive by property to ciieck for possible code violations, [] 3) Evict tents in violation of the lee or any addondume. [] 4) Remain current on all utility fees, taxes, assessments, fines penalties, and other tenclal cLimsfpayments due to the City. 0 5) Other: The following actions art optional unless rquird by the City. j 1) Provide lawn/snow service 2)Provdo garbage- service. El 3) Install security wstrm LII 4) Provide maintanance service plan for apptiance&. Name of service company, 5) Other: If the Type IV-6 Month Rental License is approved by the City Ceuiwil. the lioensee must comply with the approved Mitigation Plan and all applicable City Codes Awrittti report must he sutm]tted by the iU' day of each month with an update of actions being taken by the wnet nd1or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7, A ilJabie form can be found on the City website at v.wwcityolbrooklyncenter. org or cell (763) 69-330 to have an eiectrolc copy sent to you via email, Please attach 'additional information if necessary. Typt N RnFl Ui'e rJ 1Vi, R. 444-V3 City cf Rrgoktyrt Center—u1d1ng and C rL1Twfty StandMds Dpxtmc y Aso s k Ijn ren r ori O1 Crk Prk:ay, Cnlr, MN 4500 I Rhone: f7&3) 653 TTY: 711 1 F () 5-320 • MULDING AND COMMIJNITY STANDARflCit f P606 651h Avo N CENTER MN M430 J Rental Lceiio Mitigation Plan Type IV License Sign and Verify verify that all information provided is true and accurate understand that if I do not comply with the approved Mitigation Plan, comply - with all items within the license period, at oper1e beyond the license expira1on date, enforcement actions such as citatlufls, formal complaints, or license review may result, Or.or ffla nad Tal fo (Pas& Pim) LU I' fli1Iiyignd tJ8IiIAte 22'JJpJ TLJ'.J ic Uale 2017,022.5O3;Ol:18-COQ' ' Omr crAget rfo rOr)r or Az' N,'na .d TiUe (f Ap (csttJ, PsrPnP?r) AUoa Ownaror Ag en t Signa ture fAppcb() Oma CStyStaQp!y Fo1k- iepw7mr1r &i Thmnwriry rxrdtgopa tmf Page &Z Ty'/Rlki 414(gaffiaotlim. R e v, 4-1•0 City of ôbk1yn Cen1r —BuiLcii!tg 4 m%nty tildftd u-trnin 6301 SPlnie Cre Prim, BrkIn Qrr, W'4 M430-210 Phor: B])53 1 1T; 711 1 Fox (763J 569-3360 Oty C©m1ll'dll Agenda- I[tm N©0 Ma #6 S[I1SJ[iJ IU V ak'A L I k'4 (I) t1II UU I DATE: March 27, 2017 TO: Curt Boganey, City A ger FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6812 Scott Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6812 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 license was a Type IV Rental License issued on November 14, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on twelve (12) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. Mission: Ensuring an attractive, clean, •saf', inclusive conununlir that enhances the quality of lift for all people and preserves the public tins! [i1i]JI(iJ I fl I k'A U'A I li (I] 1I I1IAI The following is a brief history of the license process actions. Current rental license approval activities: 11-30-2016 The owner, Lankia Lartey, applied for renewal of the rental dwelling license for 6812 Scott Ave N, a single family dwelling. 12-29-2016 An initial rental license inspection was conducted. Twelve property code violations were cited, see attached rental criteria. 02-03-2017 A second inspection was conducted and passed. 02-22-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-22-2017 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. Q2-28-2017 The previous Type IV Rental License expired. 03-08-2017 A Mitigation Plan was submitted. 03-15-2017 The Mitigation Plan was finalized. 03-20-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 27, 2017. Prior Type IV Rental License approval activities: 06-02-2016 The Owner, Lankia Lartey, applied for renewal of the rental dwelling license for 6812 Scott Ave N, a single family dwelling. 07-11-2016 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 08-12-2016 A second rental inspection was conducted and passed. 08-31-2016 The previous rental license expired. 09-20-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-06-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-06-2016 A $300 Administrative Citation was issued for renting without a license. 10-13-2016 A Mitigation Plan was submitted. 10-26-2016 The Mitigation Plan was finalized. 11-07-2016 A letter was sent to the owner notifying that the hearing before the Council will be held November 14, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive conzxnu'uty 111(11 enhances the quality of lift for all people and preserves the public trust [I1S1IJ(iJ I fl V *'A Uh'A I k'A [I) 11I IlIJh'A I Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, saft, inclusive conunuissty that eniusizees the quality lEft for all people and preserves the public trust [EI]JJ[SJ I U U k'A I I *Y4 0) 1LI )1IJ!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. 'Jission: Ensuring an a#racth'&', clean, safe, inclusive coniinunity that enhances the quality oJhire for all people and preserves the public trust flSJ[IJ I fl I M'A UhYA I k!1 0) 1I I1U1 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 /tLss!oi,: Ensuring an attractive, clean, saft, inclusive coninininhy that enhances the quality of l(te for all people and preserves the public trust EI1IJ[i1 Ifl U V kA I I MkTA 0) tUI flhJ1 Budget Issues: There are no budget issues to consider. Strategic Priorities: 0 Enhanced Community Image Attachment Mitigation Plan - Resolution Approving a Type IV Rental License for 6812 Scott Ave N iI'IisNion: Ensuring an altractive clean, saft, inclusive comma july that enhances the quality of lift for all people an(lJ)reserves the public mist Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6812 SCOTT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6812 Scott Ave N, was issued a Type IV Rental License on November 14, 2016; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6812 Scott Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6812 Scott Ave N, Brooklyn Center, MN. March 27, 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. BJING AND COMMUNM STANDARDSCity O f, Rental Liconso Mtigatior PlanCENTERTyp V Licen nwrftIot MIII tii Pis will not b e acc epted. A tillable form can be found on the City's wobse at or call (763) 56-30 to hRve ar electronic copy sent to you via email. Propart ddres: 12 ;oiL.Aig N 9rok1'n Cene, Mri 3529 Owner' Nrne(s), L:iki Lriay Owner's Address, Idi c) otda K Champlin, MN 5531 Owner's Phone: 753 iJ.9)40 Oiers £rnail; Lxlartl O@smurnn ,dU Current Expiration Date-, Local Agent(s): NA Agent's Address. NI; Agenrs Phone: {763) 20 I)40 Agerit's Email; NA Pending Expii1ion Data: ( >(f ( 7 T- iSr Tr&.jF-,s ITD'TI currri exp.rujaril Based on proporV condidainS andtorvalldted police nuisance Incidents, the above referenced property qualifies for a Type 1V-8 Month Rental Licensee Prior to application approval by the City Council a. fully ped Mitigation Plan must be completed and apprved by City staff. A Mitigation Plan must be completed imrnedltely in order to ensure thiely ornpletion of the license appht1on prucess The Mitigation Plan should Indic-ate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City OrdInarica and applcsble codes. A Mitigation Plan allows the owner and the Cr to review conroeros and iderilify pusile solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items ate not completed within the pending license. jiorod, the above property operates beyond the licensoexpiration dale, errorcemerrt actions such as cliati)tmal vomplarnt or license rnw may result / I &fore subin 1thrig fill-out SetlQns /. E1 and C located on pages Z , 4 and 5 Page 1/6 COV tik1yt Cn1t—Butlthng ai4 CQM.Impnity Stamdards DspiabneAt wwxllyr1P 6301 ShinI e QruA Pidwt, BroISM 09ntr, G14 5540219 1 Pko.nu (7831 EiI} I Tft 711 I FX C763 BUILDING AND COMMTJF1Y STANDARDS rurIyri Conor, MN 55429 Rental Lioen Mitigation Nati Type IV Li c ense Sections A-Cthn Free H'uskg Prgrm Reqifrernnts Phase I 1) Use a written lease a g reement, Tho l eas e agreement shall include the Crime Free H o using Lease Addendum A to py of the lease agroeme ti t and Crime Free HousI ng Lease Addendum mu s t be ttached to tha Miti g ation Plan when subnitted IZI 2) Agree to pursue the 1ermlrlIn w lee a greement or ev icli o rt of tenants who votate / the terms of the lease ony.sddendums, /c) Conductcrirninalbackground hock for all new pros tivetenants. If It isc urrent 1/ tenant a new bckground cheek is not requ&ed. Must be able to provide documeritetiwi to City if requested, j 4 Attend a City approved eight-hour Crime Free Housing training coirre, lntormation for apprned qqvrses can be found at ,,wvw.mncpa,not under the TreThing end Evenls tab, A copy oft}ie Ciime Free Housing C ticath mu s t be attached to the MiLIatn Plan When subrntttod Crime Free Housing training was comple l ad onfs scheduled for; Owner or a q ent atlendedlis planning to aHed vain ing at city of: E?I 5) S1JbtnlLMbrihly Updala by the 10 6 day of each month. Phase II 1211 1) Complete a Securi1yAssessrnert and hnpFemntrnprovenients requested ly The Brooklyn Cenler Police pertnient To schedule an Initial or follow-up Security Assessment, call (7) 1-344, A follow-tip assessment must be completed before the license expiration data to arify the security irnprcvemanis have been implemented. If a Securily Asssmenflies been previously oempleted, write the cunipletion date. SurityAssessment was c omploted Dnhis scheduled for., 2 - Secu riy Assessment follow-up was completed onIs scheduled for Continue Setons A. Phase Ill on page 3 , Fe 2A5 Typ a I V R& i l Lkt 14,1 1 k7 a ^c M, t, ri. 4$ 5 city 1 BekIyE a nd D4rmi1 01 Shin ric oohl CanI&, MN 4219S I Phri ?J S-o I ny 711 1 ?5) S&9-36 BUILDING AND COMMWS1T? STANDARDS W City of EOOLLY& 5529 1 RarbtP License MItIgation Plan CENTER Type V Licoriso &ctjon A=Cro Fro HODS Ina Prgm Requimments (oiffi#ue) Phase ill J 1) Owner or agent will attend at minimum 50% () of the A,R.M meetings, The &,M. rneeting must be complated within the rental liere period and hof ore the pandiho Tyloo W Lnse epratiQri date Registration Is not required, however you niut sign-in thzring the meeting, Write ro mea1n dates an owner or agent plan to allend Owfler or agent will attend A.R.M. meetings scheduled on: 1,1117 aridV13,117 2 Have no repeal code vialalkins prvioisly documented with the pact yea, The following actions aro r qurd for properties with tour {4) or more unRa, 1) Conduct resident training annually that includes, crime prevention lechniquec. 0 2 Conduct regular esident tieotiris. T. 44 445 Qii'j FRrc1dyn Cenler—.41111diny and Cafl cJtT ±amrard DqPaVtMOr11 Fkiyncikr or 6301 SliNle C'eekPway, Orncclyn Cni M 430-2f Phone: (763,N563-,3330 I 1T; 711 1 F {?6) E9-5O BUDJUW AND COMMUNITY STANDARDS .ROOK1YN La2hUJf;htJ I j Rental Liretise Mitigation Plan Type IV License 5ectIQns B.Long Term Cpt1/mprovemxit P1irn candiiorb nd age, etmated replace -mant dates need to be provided for common capta item s . FuiidIr should bo Mided ccordingFy. Items that are brkri, worn, or ohrwise in vfolalion prior to the e1Ernatd epIaoiiient date need to be repIced z aan ai. All lic-mr, rnut have a date or EsUmated Replacement Data. rJtes uci "unsure". don 1t kn ow", o r "when broki Will rQt be accepted. If you ere utiure of when an item will need to be replaced, you n make a predicfton based ori the age, appaaranco, fliion, orrnariufacuretindustFy rcoriniandLiüns, Additional informNlibn on Epecied Useful Lfé Can Ie found at twx.hud .go. flem Date Last Rtaet1 Condffion4 Expectad Roplacornent Date £apI WHeer May 2O1O F May 2020 Furnaoa 2D]202 9 Waler HeaEr 2017 Q 202 Ktheppliances (3 2022 iaundryAppianes 2014 N 204 Smoke Alarms! Carbon MonoAde Alamz 2O1 G ggLklftm PnliSirUrg G 200 kMndo%js 022 Roof i0 (3 Fence fli' Shad Garage 2D16 P Dflijeway Sidewalk 2023 Other:siding 217 CorthtkIn AbbrvXna:(3o=(3 Fair--F NedsRprnnt=RNe=tl TWO IV Rqaal kc g9 City of HioOldyn C and C>wvMd1y tid flmt± G3,0,1 ,5-*na1P Creek Parr'a, r CI}IN 5E43O2i I Pqri- J) -33 M.711 I FK: (? ao Ai IumtnNo AIND COMMUNITY STANDARDS G , of11tOOKLYN mo9rCneçMN 54 Rent Llconse Mitigation PlanCEN TER polVII-leenseln Setups C—S(p5 to Improve Mrgemnt and Conditions of Prprfy The its In this ettion have been proven to assist with properly management and property image. The foUdMog actions are required: 1) Check-in with lemints every 3Ckdays. [] 2) DiIio.by property to check (or poibe code violaions. ) Evict tenants in vioaon or the tease or any addendums. J 4) Remain current on all uliliy fees taxes assessments, fines, p rIiies, and other financial cfalmsfpayments due to the City. [] 5) Other: The following actions are oplional uIG vqiiirad by the Cty, 1)Pruvde Ivn/sriow service. 2)Provide oarbage service, 3) Install security :system. jJ 4) Provide rnalntonanco s arvice Ian for appftances Name of service company: t1O rio 1US Fj ) Other: if the Type IV-6 Month Rental License is approved by The Ci1yCcur1, the licensee must Comply with the approved Mitigation Plan and al[ applitablo City Cde. A written report must b submitted by the 16' day of each month with an update of actions being taken by the owner and/or a g ent to comply with this fitifigatibri Plan. A copy of the Monthly Update on be found on page 7. A iIlabI form ran be found on the City's website at vjvAv.cl1yorJrookIyncenter,0Tg or tall (763) 669-3330 to have an elctronic copy 8"l to you via email. Please ,attach additional information H Toe WRe' ñTi Pi, R'. 4444 Cy ti yer -Bufding th C thrnniiiy ii1rneM wwiryfbrcmhIyicenlr.r fD1 rThingk CrutA Pirkwy, flrckIn Ct; 11641 hc: TTY: 11 J Pam: (763) 63E0 BUThDIWG JiJI) CO1VIiVWNTflY STANDARDSk..PCiLycI r•'-BRoorcLYN 1BiAFJ ULI li '...r It-i d\ 1"9 Rental LICF1sE Wth9tion PlanCENTER Typ9 IV License 1t and Verity I verily that all i{ormatbn provided ia true and accurato. I undersis that itl do not comply with The ppwved Mitigation Plan, comply ithth oJl Hem within The license porlod, or br1e beyond the license expiration date, enforcement actions such as citations, formal complaints, or Iitnse review rruiy result. lA (iJ(a L. CWi19TDrA:rName and 1iFi ip 'j) 01%39,ar .irrir Qr,tLr - --•. Addor& Cr& or Ageni Name sod riti'O (if A, Brlhrt'Rease Prit) Wi( QWf1J)i S:urj--,'Ure (JfApbe) Da -CftySfaMbrI 0y Pcco Dpfmr V fl 'M r, rj,i)Jv m'i Pft ft9v. City Ikfkyt i1—BU11din and m1epainl 6301 SHNN Crk NrkA74, ; Cnt€, MN 55130-21g9 1 Phñ: 34M. I ¶ly: 711 1 F: 17j City Council Agenda Item No. lOb COUNC]IIL I[TJEM MEMORANDUM DATE: March 20, 2017 TO: Curt Boganey, City Ma FROM: Sharon Knutson, City Clerk SUBJECT: Mayoral Appointment of Member to Serve on Financial Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Aima Burke, 7012 Morgan Avenue North, to the Financial Commission with term to expire December 31, 2019. Background: The Financial Commission is composed of a chairperson and six members. There are three vacancies on the Commission. Notice of vacancy on the Commission has been posted at City Hall and the Community Center and on the City's website and aired on Cable Channel 16 continuously since August 16, 2016. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members, Mayor Willson e-mailed the City Clerk requesting that the appointment of Anna Burke be added to the March 27, 2017, City Council agenda for Council consideration. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. ftlission: Ensuring an attractive, clean, safe colnlnhinitj' that enhances the quality of life and preserves the public ti'iist Neighborhoods Applicant(s) I Current Members Southeast Jeffrey Dobbs Northeast I Anna Burke Northwest West Central Central Dean Van Der Werf Rex Newman Teneshia Kra Southwest Three vacancies City Council Agenda Item No. lOc COUNCI{L ThM MEMORANDUM DATE: March 20, 2017 TO: Curt Boganey, City gQger FROM: Sharon Knutson, City SUBJECT: Mayoral Appointment of Member to Serve on Planning Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Abraham Rizvi, to the Planning Commission with term to expire December 31, 2019. Background: The Planning Commission is composed of a chairperson and six members. There is one vacancy on the Commission. Notice of vacancy on the Commission was posted at City Hall and the Community Center and on the City's website and aired on Cable Channel 16 continuously since January 27, 2017. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members in the March 3, 2017, update. Attached for City Council Members only if a copy of the application received: Abraham Rizvi 6038 Lilac Drive North Mayor Willson recommends of Abraham Rizvi. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyneenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe coinnwnity that enhances the quality of life and preserves the public trust Neighborhoods Applicants Current Members Southeast Abraham Rizvi Stephen Schonning Rochelle Sweeney John MacMillan Northeast Randall Christensen Northwest Susan Tade Alejandro Koenig West Central Central Southwest Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 27, 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.Discussion of Brooklyn Center Branding & Identity Campaign 2.Conducting City Council Business Electronically 3. TIF Funding Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Water Meter Failure Update -April 10 2.Liquor License Regulations - April 24 3.South Opportunity Site Development -April 10 4.Sunday Liquor Sales 5.Community Dialogue -April 10 6.Branding & Identity Final Report Work Session Agenda Item No. 1 MEMORANDUM COUNC]IIL WORK SESSION ( DATE: March 21, 2017 TO: Curt Boganey, City Manai FROM: Reggie Edwards, Deputy City Manager SUBJECT: Discussion of the Brooklyn Center Branding & Identity Campaign Recommendation: It is recommended that the City Council consider hearing a presentation and deliberate on the results of a public review of the proposed Brooklyn Center Branding Logo and Message options as directed by the Council. It is also, recommended that the City Council provide staff with direction regarding the Branding & Identity Campaign including one of the proposed logo and message options. Background: In October, 2016 the City entered into an agreement with Vitalink Inc. to execute the City's Branding & Identity Campaign. One Monday, January 23, the Council heard an update on the Branding & Identity Campaign from representatives of Vitalink, Inc. Vitalink, Inc. developed five logo and three message options, which were reviewed by the Council on January 23rd and February 13 t". On February 13th, the Council narrowed the five logo options down to three for public review. At that time the Council directed staff to conduct a public review of the three logo and message options. Staff has conducted a public review of the logo and message options per the direction of the Council. The public review involved: o Online survey ranking, o Postcard ranking drop offs (i.e. City Hall, West Fire Station, Police Station, Community Center and Brookdale Library) • 2 group (MAC and youth advisory group) in-person presentations and ranking o City email list solicitation o City website o 2 weeks running in the Sun Post Newspaper o Postcard completion by Brooklyn Center High School students (2 classrooms of students) o Wall display and ranking at the City Community Center o Brooklyn Center staff online survey ranking There were 1,228 logo and message survey reviewers. City staff completed 128 (10.42%) survey rankings out of the total 1.228 survey rankings. Several city staff members reside in the City. The proposed branding logo and message survey resulted in the following (see chart below) Mission: Ensuring an attractive, clean, safe, inclusive COJflhI7t1J!it3 that enhances the quahl1' of life for all people and preserves the public trust MEMORANDUM COUNCI{IL WORK SESSI[ON Public Branding Logo and Message/Tagline Options Review Results Ranking Percentage of Total 'k Q( \'ULl 9 CiflO)I BROOK VNENI 2 29%BROOKLYNCE\! ii 3EiROOKLYN Branding Message/Tagline Options At the Center 1 59% Within Reach 2 25% Get Closer 3 16% Budget Issues: None Policy Issues: Is there a consensus of the Council regarding the Brooklyn Center Branding & Identity Campaign logo and message? Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive coininunit' 111(11 e/llI(lnceS the qll(IlitV oft/fe for all people and preserves (he public (list Logo and Message Options Public Review and Ranking Process Consider hearing a presentation and deliberate on the results of a public review of the proposed Brooklyn Center Branding Logo and Message options as directed by the Council. Provide staff with direction regarding the Branding & Identity Campaign including one of the proposed logo and message options. In October, 2016 the City entered into an agreement with Vitalink Inc. to execute the City’s Branding & Identity Campaign. In October, November and December 2016, Vitalink Inc. Conducted a City Identity Survey and Focus group. One Monday, January 23rd, the Council heard an update on the Branding & Identity Campaign from representatives of Vitalink, Inc. Vitalink, Inc. developed five logo and three message options, which were reviewed by the Council on January 23rd and February 13th. On February 13th, the Council narrowed the five logo options down to three for public review. At that time the Council directed staff to conduct a public review of the three logo and message options. The City of Brooklyn Center is a complex and dynamic first-ring urban city with a high desire to project an inspiring image of the City. The City of Brooklyn Center is a growing diverse city (i.e. economically, culturally, and demographically) and home to the global businesses and prominent public institutions. The City desires to successfully compete nationally and internationally as a destination city. The City desires to make known to those who may be seeking to live, visit or do business in Brooklyn Center of the assets such as quality of life, business development opportunities, diverse cultures, and skilled human resource capacity that exist in the City. The City desires to develop, execute, and coordinate the promotion of its brand and image to people throughout Minnesota, the Midwest, Nation and World regarding why Brooklyn Center is a great destination place to live, visit and do business. Online survey ranking, Postcard ranking drop offs (i.e. City Hall, West Fire Station, Police Station, Community Center and Brookdale Library) 2 group (MAC and youth advisory group) in-person presentations and ranking City email list solicitation of participation City website 2 weeks running in the Sun Post Newspaper Postcard completion by Brooklyn Center High School students (2 classrooms of students) Wall display and ranking at the City Community Center Brooklyn Center staff online survey ranking 1,228 What is the story Brooklyn Center desires to tell the world? Key Elements of Branding Authentic Live Out the Authenticity Best Attributes of Brooklyn Center (Themes) Affordable Accessible Diverse Parks and Trails Over time…the organization makes the brand. The brand does not make the organization. 1 60% 2 29% 3 11% 1 59% 2 25% 3 16% At the Center Within Reach Get Closer 2.4% 30 No Logo Responses 18% 228 No Theme Responses Is there a consensus of the Council regarding the Brooklyn Center Branding & Identity Campaign logo and message? Five Prospects for Moving Forward 1.Have Vitalink Develop an Alternative Option or Modify the Top Ranked Design. 2.Have a Second Firm Develop an Alternative Option or Modify the Top Ranked Design. 3.Solicitation of Alternative Options from Community to be Reviewed by a Local Jury of Residents. 4.Host a Roundtable of Experts to Develop an Alternative Option or Modify the Top Ranked Design. 5.Continue Use of the Existing Logo and Tagline. Themes Logo Tagline Message Consensus Where do we go from here? Work ISessionVAgenda Item MIMORANIDUM - COUNCI{L WORK SIESSK))N DATE: Monday, March 27, 2017 TO: Curt Boganey, City Mana) FROM: Reggie Edwards, Deputy City Manager SUBJECT: Conducting City Council Business Electronically Recommendation: It is recommended that the City Council consider discussing the issue of conducting Council business electronically versus continuing a paper based process. If the City Council decides to further consider conducting business electronically, it is also recommended that the City Council direct staff regarding any further action on the subject matter. Background: In March 2016, the City Council discussed the issue of conducting Council business electronically. As an issue of interest, staff was directed at the time to investigate and prepare information on the matter for Council discussion. In July 2016, the League of Minnesota Cities (LMC) assisted Brooklyn Center by surveying cities to ascertain which cities were conducting Council business electronically. There were 24 cities (See Attachment "A") that responded to LMC's electronic survey indicating the utilization of an electronic process for conducting Council business, although utilization occurred at varying degrees. Staff followed up with a more extensive electronic survey with the 24 cities that responded to the LMC survey, of which 12 cities responded. The cities surveyed by Brooklyn Center responded to the following 12 questions related questions (See Attachment "B") including satisfaction with the system or not. Staff researched and/or interviewed four providers of electronic services (i.e. Agenda Quick, Laserfiche, Granicus, and NovusAgenda). Services provided by the providers interviewed varied according to how involved they were in managing the electronic system throughout the Council process. Services or products provided by providers can range from developing and reviewing documents by staff, to reviewing and voting on council items by the Council (See Attachment "C") to engaging citizens fromhorne. Attachment C shows a diagram outlining the steps of conducting council business electronically. The steps in managing the Council business process are covered by following four phases: • The Pre-Council Meeting o The Council Meeting o The Post Council Meeting Community Engagement Only one provider services focused on and provided post Council and community engagement services. There are 14 pre-agenda development steps in the current agenda development process, which account for approximately 17 hours of development time. The current process accounts for limited post Council Mission: Ensuring an attractive, clean, safe, inclusive co/ninhililty that enhances the quality of life for al/people and preserves the public trust k"A I MhYA (I) 11I I1IJ ES1II[iJ I 'L•) 1 i 3I1 (SkI and community engagement steps (i.e. uploading of council minutes onto the City website and distribution of blue cards for statements made by residents during the Council meeting) steps. In assessing the current process versus a majority electronic process staff reviewed the factors of process efficiency, effectiveness, cost, and ease. Pre -Agenda Council Development Process Comparison Efficiency of Effectiveness of Doing Level of Cost of Doing Ease of Doing Doing Business Productivity Business Business Business of Doing Business Current 14 steps (per -Development of agenda items -Dedication of -Packet - Staff edit or Process Council mtg.)are completed and reviewed by approximately delivery /modify at ave. 922.5 hand/paper.31 hours per average travel documents, minutes or -Paper documents are scanned month to of cost of reprint, and 15.375 hours into Laserfiche agenda $11.91 per forward for (65.89 -Completed items are handed development month distribution. minutes/per off internally to City Manager.and delivery ($142.90 -Council makes step) --Delivery of complete packets (including 3 annually)handwritten including to Council in timely manner.hours per -Paper / 10 notes and retain. CSO carrier -Adequate time for staff to month delivery Council -Deliverability time.thoroughly complete agenda of agenda Packets $33.30 of documents packets.packets to monthly -Access to hand -Changes and adjusted Council.($399.60 written notes documents are hand delivered,annually)and other -Council review and notes are -Toner cost related retained done by hand.documents. Electronic 14 steps at -Electronic development of -Reallocation -Packet - Electronically Process 517.5 minutes agenda items.of delivery cost edit or modify or 8.625 hours -Documents are created and approximately none.Access (36.96 stored in Laserfiche 31 hours per - Paper -documents minutes/per -All documents are accessed month to incidental cost -Deliverability step) -electronically by staff and agenda only ($399.60 of documents including council (including development cost of current -Staff and CSO carrier updates/modifications).and delivery package Council Access time.-Adequate time for staff to (including 3 printing is not to other relevant thoroughly complete agenda hours per applicable)information to a packets.month delivery - Range of specific item -Notes and modifications are of agenda $12,500 to when needed done electronically.packets to $55,000 for -A supplemental effect would Council.software and be an impact on the hardware. environment primarily in terms of less paper used and modest reduction of autogasemission. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IA I IIYA [I) 1II I1IJ EI1IJ[iJ I &'LI) 1 C1 DIfiSJl Pros and Cons Current Process: Pros o Very hands-on (paper) I feel and touch documents o Documents can be easily picked up and carried around from room to room when reading and making notes. o Cost effective Cons o Process efficiency o Productivity - due to the need to stand over copying and organizing of agenda packets Electronic Process: Pros o Process efficiency o Productivity - due to reallocation of staff time to other duties o Positive environmental impact and related image o Expansion capacity to increase resident engagement Cons o Modest cost savings o Change process (including: comfort and training) o Transition cost Budget Issues: The costs associated with the services varied proportionally to the level of system management provided by the consultant. A very limited (i.e., static data, no real time data sharing among council members, or no real time public display of data or votes) system may cost as little as $12,500 annually, while a fully interactive system (i.e., interactive data, real time data sharing and displaying of data or votes, and timely engagement of public comments) may cost as much as $55,000 annually. Both costs include hardware, software, consultant and consultant system. Policy Issues: Staff request that the Council: 1.Does the City Council desire to convert how it currently conducts business via paper to an electronic process? 2.If the City Council desires to convert how it currently conducts business via paper to an electronic process, what is the need and desired functions to be serviced by a new electronic process? 3. If the City Council desires to convert how it currently conducts business via paper to an electronic process, staff request direction by the City Council to further assess the conversion in terms of technology capability, legal implications, administrative execution, and financial assessment per the Council's discussion and bring the item back to the Council for final review. Strategic Priorities: Citizen Engagement Mission: Ensuring (In attractive, clean, safe, inclusive coininunitj' that enhances the quality of life for all people and preserves (he public (rust Conducting Council Business Electronically Council Work Session Recommendation O Consider discussing the issue of conducting Council business electronically versus continuing a paper based process. O Direct staff regarding any further action on the subject matter. Presentation Approach O Based on the City Council direction on whether or not to convert from the current paper based method of doing business to an electronic process. O If conversion determined, staff would bring the item back following further assessment of the conversion in terms of technology capability, legal implications, administrative execution, and financial assessment. Brooklyn Center Branding & Identity Background O In March 2016, the City Council discussed the issue of conducting Council business electronically and directed at the time to investigate and prepare information on the matter for Council discussion. O In July 2016, the League of Minnesota Cities (LMC) assisted the City by surveying cities on those that conducted Council business electronically. Staff followed up with a more extensive electronic survey with the 24 cities that responded to the LMC survey, of which 12 cities responded. City Survey 12 Responding Cities O Majority population of less than 25,000 O 1/3 budgets above $11 million O 58.33% conducted council business electronically 90% of the time O 4 conducted council business for 3 to 5 years O iPads used most O 66.6% reported electronic process less expensive O 100 % reported electronic process more efficient O 100% reported council satisfaction O 100 % reported staff satisfaction Brooklyn Center Branding & Identity Background O Staff researched and/or interviewed four providers of electronic services (i.e. Agenda Quick, Laserfiche, Granicus, and NovusAgenda). O Services or products provided by providers ranged from developing and reviewing documents by staff, to reviewing and voting on council items by the Council to engaging citizens from home. The steps in managing the Council business process are covered by following four phases: O The Pre-Council Meeting O The Council Meeting O The Post Council Meeting O Community Engagement System Comparison Highlights Pre-Agenda Council Development Process Comparison Efficiency of Doing Business Effectiveness of Doing Business Level of Productivity of Doing Business Cost of Doing Business Ease of Doing Business Current Process 14 steps (per Council mtg.) at average 922.5 minutes or 15.375 hours (65.89 minutes/pe r step) – including CSO carrier time. -Development of agenda items are completed and reviewed by hand/paper. -Paper documents are scanned into Laserfiche -Completed items are handed off internally to City Manager. -Delivery of complete packets to Council in timely manner. -Adequate time for staff to thoroughly complete agenda packets. -Changes and adjusted documents are hand delivered. -Council review and notes are done by hand. -Dedication of approximately 31 hours per month to agenda development and delivery (including 3 hours per month delivery of agenda packets to Council. -Packet delivery / average travel of cost of $11.91 per month ($142.90 annually) -Paper / 10 Council Packets $33.30 monthly ($399.60 annually) -Toner cost nominal - Staff edit or modify documents, reprint, and forward for distribution. -Council makes handwritten notes and retain. -Deliverability of documents -Access to hand written notes and other related retained documents. Pre-Agenda Council Development Process Comparison Efficiency of Doing Business Effectiveness of Doing Business Level of Productivity of Doing Business Cost of Doing Business Ease of Doing Business Electronic Process 14 steps at 517.5 minutes or 8.625 hours (36.96 minutes/pe r step) – including CSO carrier time. -Electronic development of agenda items. -Documents are created and stored in Laserfiche -All documents are accessed electronically by staff and council (including updates/modifications). -Adequate time for staff to thoroughly complete agenda packets. -Notes and modifications are done electronically. -A supplemental effect would be an impact on the environment primarily in terms of less paper used and modest reduction of auto gas emission. - Reallocation of approximate ly 31 hours per month to agenda developmen t and delivery (including 3 hours per month delivery of agenda packets to Council. -Packet delivery cost none. - Paper – incidental cost only ($399.60 cost of current package printing is not applicable) - Range of $12,500 to $55,000 for software and hardware. - Electronically edit or modify Access documents -Deliverability of documents -Staff and Council Access to other relevant information to a specific item when needed Pros and Cons Current Process Electronic Process Pros O Very hands-on (paper) / feel and touch documents O Documents can be easily picked up and carried around from room to room when reading and making notes. O Cost effective Cons O Process efficiency O Productivity - due to the need to stand over copying and organizing of agenda packets Pros O Process efficiency O Productivity - due to reallocation of staff time to other duties O Positive environmental impact and related image O Expansion capacity to increase resident engagement Cons O Modest cost savings O Change process (including: comfort and training) O Transition cost Council Work Session Direction Policy Issue 1.Does the City Council desire to convert how it currently conducts business via paper to an electronic process? 2.If the City Council desires to convert how it currently conducts business via paper to an electronic process, what is the need and desired functions to be serviced by a new electronic process? 3.If the City Council desires to convert how it currently conducts business via paper to an electronic process, staff request direction by the City Council to further assess the conversion in terms of technology capability, legal implications, administrative execution, and financial assessment per the Council’s discussion and bring the item back to the Council for final review. Attachment A Paperless (Electronic) Information Process - August, 2016 Number City Paperless Comments from City 1.Arlington Yes We use Novus Agenda. However, three council members still request a paper packet. We will discuss as part of our budget if the City will issue devices for the Council to use next year. 2.Barrett Yes and No We have gone paperless with information prior to the meeting; however, they still want paper copies at the meeting. I scan the whole agenda packet and email it to the council members in advance of the meeting for their review. However, we do not own City laptops or iPad, so they still want me to print out the agenda and all working papers for them to work off during the actual meeting. 3.Blue Earth Yes 4.Browns Yes and No I send the agendas out by email the Friday night before the Valley meetings. I also make paper copies that are either delivered or picked up and used during the meeting. 5.Burnsville Yes We do online agenda packets and they are all issued tablets with which to view them. 6.Chatfield Yes 7.Cokato Yes Switched to electronic in Feb. 2016 8.Crystal Yes However, Crystal currently does both electronic and paper council meeting and work session agenda packets. 9.Eyota Yes The council now has IPads. All the documentation is put in a dropbox, in pdf format, and they access it all from there. 10.Golden Yes Valley 11.Lake City Yes 12.Lino Lakes Yes For about five years. 13.Madison Yes They use iPads for their packets. Went paperless in 2012. Lake 14.Mayer Yes Only for Council Meetings and the boards they serve on. Paperless for Council only 15.Minnetonka Yes we always have one person who needs printed materials Beach, 16.Owatonna Yes However, not all of our council members have made the transition so I continue to prepare paper packets for them. 17.Perham Yes 18.Ramsey Yes We went to electronic agendas in the fall of 2010. 19.Rockford Yes Went paperless within the last year. 20.Virginia Yes 21.Wanamingo Yes and No Still Paper for Council Meeting Packets in Wanamingo. We do scan and have the documents in a .PDF version for those who request. 22.Waverly Yes 18 months ago. We use IPad and Boardbook for our council meetings. 23.Windom Yes Went paperless in 2013.24.Worthington Yes and No Our Council wanted to move in the direction of paperless/electronic agendas; however, since purchasing IPads and making that move a couple of years ago some of them have again requested that we print off a hard copy for them. SurveyMonkey Less than- 25000 25,001 -46,000 46,001 - Greaterthan 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% MwerChoIcOS_ 83.33% 10 Less than- 25,000 8.33% 25,001 -46,000 8,33% 1 46,001 - Greaterthafl 12 Total 1/13 Conducting City Council Business Electronically Assessment SurveyMoukey Q3 Which optionmost closely represents thepercentage of City Council information provided electronically? Answered: 12 Skipped: 0 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses 0.00%0 10% 0.00%0 20% 0.00%0 30% 0.00%0 40% 8.33%1 50% 0.00%0 60% 0.00%0 70% 8.33%I 80% 58.33%7 93%J 25.00%3 100% 3/13 SurveyMonkey Less than I year I -2years 3 -5 years 5-7 years 8-10 years More than 10 years 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer choices -;RSpbS 16.67%2 Less than 1 year 25.00%-3 I -2years 33.33%4 3-5 years - 25.00% 5-7years 0.00%0 8- 10 years 0.00%0 More than 10 years - 12Total 5/13 SurveyMonkey Very Dissatisfied Dissatisfied Satisfied - - - .Anèjer Choices Very Dissatisfied Dissatisfied Satisfied 0.00% 66.67% 0 B Very Satisfied [33.33% Total 7/13 Paper Much More Expensive Paper More RIM Expensive No Difference Paper Less Expensive Paper Much Less Expensive 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Anwer Choices Paper Much More Expensive Paper More Expensive No Difference Paper Less Expensive - Paper Much Less Expensive Responses 2727% 45.45% 9.09% 0.00% 18.18% 5 0 2 11 9113 Less Work More Work SurveyMonkey Much More Work 0% 10% 20"/ 30% 40% 50% 60% 70% 80% 90% 100% ver Choices - [ Responses Much Less Work 25.00% 3 Less Work 75.00% 9 More Work 0.00% 0 Much More Work 0.00% 0 Total 12 11/13 Conducting City Council Business Electronically Assessment SurveyMoiikey iVtiiyM*!flE I.]it1 I. e]1i111t1 Answered: 8 Skipped: 4 1 Responses The change over went smoothly. We still make a public and permanent copy (original goes is subject file). Good luck! Date 8/1512016 10:29 AM 2 The council appreciates this especially if they are on the road before the meeting. All copies of the agenda are on-line.8115/2016 9:01 AM 3 Its so much more efficient to have everything done electronically.8/11/2016 9:38 AM 4 The council may consider the City purchasing devices for them in 2017.8/10/2016 3:33 PM 5 We can give the Council a lot more detailed information electronically that we would never have made paper 8/10/20168:50 AM documents. They have instant access to all kinds of things like maps and reports. It helps the council be more educated and informed. 6 We reduced our paper copies by approximately 2/3 and were able to reduce our reliance on copy machines. We used 815/2016 10:30 AM to print 13-15 copies of every agenda packet. Now we print only 2. This savings In increased city-wide by Implementing the same electronic agenda for all City Commissions as well. Virtually all Council correspondence from the City is now delivered via email or Dropbox - depending on the size (not including any confidential information). 7 Although it appears as if the time is less. I think staff time is about the same preparing electronic packets to paper.8/4/20162:31 PM Lt07 . 13/13 Work Sessioli Agenda Item No. 3 M]EMORAN]D)UM COUNCI11L WORK SISSWN DATE: March 27, 2017 TO: Curt Boganey, City Mag FROM: Gary Eitel, Director of Business & Development SUBJECT: TIF Funding Update Recommendation: The purpose of this update is informational and no action will be requested. Staff will be providing a brief review of each Tax Increment Financing District and commenting on their respective budgets. Background: Tax Increment District No. 2 was established in 1985 as a 25 year redevelopment district that received its last of tax increment in 2011. Prior to the closing of this District, the City Council and EDA conducted the required public hearings to formally amend the Finance Plan and Budget to include the tax increment received in 2011 and the future repayment of the inter-fund loan provided to TIF 5 (Shingle Creek Crossing Project) through the TIF 2 Spending Plan authorized by the 2010 Jobs Bill. - Attached is a copy of the 2017 Budget Narrative and map of the project boundaries. The TIF 2 Fund has approximately $60,000 as fund balance from the 2011 tax increment received and $1.7 M from the 2016 TIF Bond Issue. The $700,000 balance of the TIF 2 Inter-Fund Loan is projected to be repaid by the end of 2024. Tax Increment District No. 3 was established in 1996 as a 25 year redevelopment district that is scheduled to receive tax increment through 2021. The District is a scattered site redevelopment district that was established through Special Legislation which required that 15 % of the annual increment be placed in a Housing Development Fund and expended according to the tax increment financing plan for affordable housing activities. In 2013, the EDA modified the Tax Increment Financing Plan to reflect the additional increment being received from the development of the FBI and Luther Auto Dealerships. This amended budget enabled the EDA to acquire additional properties within the Opportunity Site, including the 23.2 acre Brookdale Square site. Attached is a copy of the 2017 Budget Narrative and map of the project boundaries. The TIF 3 Fund has Debt Service schedule for the 2004 and 2008 in-district bond issues that were refinanced into Bond Issue 2015 B. This bond is scheduled to be paid off in 2020. Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust k I Mk'A (IJ 1WI 1111h'A i1i1II(iJ I !A'LI] 1 41 *Jb1 (OXI The 2013 Bond Issue of out-of-district (eligible pooled expenditures not to exceed 25% of the tax increment generated) is an end loaded bond issue which has a final payment in 2022 from the last year tax increment that is received in 2021. An issue that staff and our TIF and Financial consultants have been working on is an interpretation by the State Auditor's Office that would require a tax increment financing district to close upon satisfying the in-district debt obligations of the district, regardless of other debt or budget obligations of eligible out-of-district expenditures that occurred after the 5 Year Rule (Special Legislation previously provided a 5 year and a 3 year extension which extended this deadline to 2008.) The Housing Fund has financed the Renew Loan Program, the Remove & Rebuild Program, and has been instrumental in the acquisition of properties within the Brooklyn Boulevard Corridor, acquisition of distressed/blighted and vacant properties within the Southeastern portion of the City. There continues to be opportunities for out-of-district expenditures within the Opportunity Site, Brooklyn Boulevard Corridor, and property acquisition to facilitate future improvements to the Hwy 252 and 66th Ave. interchange. Tax Increment District No. 4 was established in 1999 as a 20 year soils district that is scheduled to receive tax increment through 2020. In 2016, the EDA approved a budget amendment which enabled the pooling of Tax Increment Funds for eligible affordable housing, such as the 158 affordable assisted senior care units being development as the Sanctuary at Brooklyn Center. Additionally, the Pay-As-You-Go Note, reimbursing the developer for certain public improvement cost and supplementing the environmental investigations and clean-up costs of the Joslyn Super Fund Site was paid off. Attached is a copy of the 2017 Budget Narrative and map of the project boundaries. Recently, the City was informed of a tax court ruling that has resulted in the repayment of tax increment funds paid in prior years and a substantial reduction in the tax capacity of the former Wickes Furniture Bldg. The loss of tax increment restricts the potential of considering other affordable housing opportunities and will require a portion of the debt service to be covered by the TIF 3 Housing Fund. Tax Increment District No. 5 was established in 2011 as a 17 year Renewal and Renovation District to assist in the commercial redevelopment of the former Brookdale Mall Regional Center. The financial assistance consisted of a $2.4 M Inter-Fund Loan from TIF 2 as part of an approved Spending Plan authorized by the Minnesota Jobs Bill and a $2.3 M Pay-As-You-Go Note. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust k!A I MkTA (I) 1II P1SJ i1IJ(i1 I 'LI) 1 Si 4'J1 (I)l The District is scheduled to collect tax increment through 2029. In 2016, the 5 Year Rule became effective which restricts the use of Tax Increment Revenue to existing in-district debt obligations with 20 % available for out-of-district expenditures (which includes administrative fees and all new eligible expenditures.) Attached is a copy of the 2017 Budget Narrative and map of the project boundaries. Tax Increment District No, 6, was established in 2016 prior to proceeding with the development of the Sanctuary at Brooklyn Center, an affordable assisted care senior housing project. The first year of tax increment has been delayed until 2018 and is scheduled to collect tax increment through 2043. The Finance Plan includes the repayment of a $1.5 M Pay-AS-You-Go Note (necessary gap financing) and $300,000 for future land acquisitions by the EDA of two adjacent properties. The FDA retains a Purchase Money Mortgage in the amount of $1.5 M on the land which would be repaid from 50 % of the profit of the sales of the property. These proceeds are considered tax increment revenue and would be deposited into the fund that is responsible for the repayment of the $1.5M land acquisition costs included in the 2013 Bond Issue. Attached is a copy of the 2017 Budget Narrative and map of the project boundaries. Tax Increment District No. 7 is a pending 25 year redevelopment district for the southern portion of the Opportunity Site (that portion located south of John Martin Drive) and includes the Kohl's site and EDA parcel (former Boulevard Restaurant lot) The FDA's determination of blighted buildings, the eligibility of establishing a tax increment district and authorization to proceed with demolition occurred on March 8, 2015. The deadline to certify this district is 3 years from commencing with the demolition actions. The demolition of the former Audio King/Show Biz Pizza started in July of 2015. The City Council has conducted the required public hearings and taken the necessary actions to enable the certification of the District upon final approval by the EDA. Attached is a copy of the 2017 Budget Narrative and map of the project boundaries. Strategic Priorities: The use of tax increment funds have been and can be used by the EDA to invest in- Targeted Redevelopment opportunities and to advance Key Infrastructure Investments. I'I'fiss!o;z: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust IThi : tsiii R çTI kI Piisji iiw.i nU !UFi t'z: This District was established in 1985 as a Redevelopment District to remedy conditions of economic obsolescence, physical blight, underutilization of land extensive soil corrections which the private sector has not been willing or able to accomplish and correction of numerous traffic hazards and pedestrian conflicts. The District consisted of 11 parcels, comprising 61.59 acres. In 1994, the District's Project area was enlarged to include the geographic boundaries of the City and additional objectives were added to promote private enterprise investments into the redevelopment of the community consistent with the needs of the City. In 2001, a Legislative Amendment extended the length of the District to 12/31/11. In 2008, the 6.15 acre Embassy Suites site was removed from the District. In 2010, the Minnesota Jobs Bill authorized the use of available Tax Increment from any District for projects that: * create or retain jobs in the State of Minnesota, including construction jobs and construction commences before July 1, 2011 (amended to July 1, 2012) * City Council approves a written spending plan after a duly noticed public hearing. The City Council & EDA approved a TIF 2 Spending Plan (public hearing on 4-11-11) which included the following: * Shingle Creek Crossing Redevelopment of Brookdale Mall Properties $2.4M * Embassy Suites Link to Heritage Center (D-Barn lease portion) $340,000 * Howe Site Environmental Investigation Loan to MBC II, LLC (repaid) On August 8, 2011, the City Council and the EDA conducted public hearings and formally amended the Tax Increment Finance Plan and Budget to include the tax increment revenue to be received in 2011 and the future repayment of the inter-fund loan to Tax Increment District No. 5, Shingle Creek Crossing Project. The amended budget adjusted the funding for the following activities: Land/Building Acquisition Site Improvements/prep costs: Utilities Other Public Improvements Administrative Transfer Out Job Bill Spending Total Amended Budget Change $2,563,179 +$ 303,179 130,000 + 30,000 740,612 + 540,612 17,093,810 + 4,408,810 1,363,401 + 635,101 3,010,000 + 3,010,000 $24,901,002 $ 8,927,701 The last year of tax increment collections for this District was the tax year 2011. Hennepin County added the tax capacity captured by Tax Increment District 2 to the tax base to the respective tax authorities for the 2012 tax year. o To provide the EDA with options for the implementation of the 2011 budget amendment which maximize redevelopment opportunities and benefits to the City of Brooklyn Center. o Monitoi the status of the Shingle Creek Crossing Development and options for the inter- fund loan repayment. EXPENDITURE DETAILS: 6303 Legal Services $ 5,000 6449 Contractual Services $15,000 6510 Capital Outlay (land) 6530 Capital Outlay (improvements) PERSONNEL LEVELS: No personnel are directly assigned to this activity. CAPITAL OUTLAY: None requested. Opportunities for the potential use of fund balance: • Brooklyn Boulevard Streetscape Improvements (62nd 63rd Ave.) • EBHC/Embassy Pond Improvements Potential TIF 5 Bond to provide $13M partial repayment of the 2011 Inter-Fund Loan ($2.4M) - Acquisition of approximately 4 acres for Opportunity Site storm water ponding. D&pm Re ellepme je©t e. 01 et T,mg Mcrernent Hnandng (TF) MsVkA Me. 2 7V Of LJJ (rniooKLrN ) '. CENTER N 005 01 Mr W- E .05 Created by: Brooklyn Center business and Development DeptJGIS Document Path: L:\UserOConmDnv\TlFemoes\TIF DISTRICT No.2.mmmvd IThi hiiii ! i-iwr P I :lTfl rLrIR1 II I]fTTI i m a This fund accounts for all TIF revenues and expenditures for TIF District #3. Major redevelopment projects within the District include 691h and Brooklyn Boulevard, the area around 66 1h and 252 including the theater and the town homes, as well as the area in and around Brookdale. Additional development work in this District includes site consolidation with the acquisition and demolition clearance of the Olive Garden, Cracker Barrel and Days Inn sites, the acquisition and demolition clearance of the Hmong America Center. The "Opportunity Site" north of 57 t and east of Shingle Creek is partially included in the District. The TIF District #3 fund is annually transferring principal and interest payments to debt services funds for four outstanding TIF Revenue Bonds; the 2004D TIF Revenue Bonds, the 2008A TIF Revenue Bonds, the 2013A TIF Revenue Bonds and the 2015B Refunding Bonds. The final payment on the 2004B Refinancing Revenue Bonds was made in February of 2011. I :irii .tsiuiii II) à :1 * i * i (W Tax Increment District No. 3 was established in 1996 as a 25 year Redevelopment District to provide assistance to various commercial redevelopment and housing development projects within the District. The District was comprised of 221 parcels of land within following 3 sites: - the Brooklyn Boulevard /69 1h Area, - the Brookdale Area, and - the Willow/252 Area. Special state legislation associated with the creation of this Tax Increment District included provisions which required that 15% of the revenues generated from tax increment in any year is deposited in the housing development account of the authority and expended according to the tax increment financing plan. Additionally, the legislation extended the initial 5 year rule to 10 years and Special Legislation provided an additional 3 years. The extended 5 Year Rule, deadline for in- district expenditures was May 15, 2008. This Redevelopment District is presently limited to the use of tax increment funds for debt service with the following exceptions: - 25% Pooling activities, which include administrative costs. - Affordable Housing activities which are not subject to the 5 Year Rule. The district is scheduled to be decertified on December 31, 2021. On November 12, 2013 the EDA adopted Resolution No. 2013-15 which modified the Tax Increment Financing Plan and approved the following amended budget: Estimated Public Costs Land Acquisitions $25,000,000 Public Improvements 4,500,000 Site Improvements 2,100,000 Administrative Expenses 4,400,000 Contingency - Total Public Costs $36,000,000 Housing DeveloDment Account Land Acquisitions $ 6,000,000 Affordable Housing Expenses 4,175,000 Interest Expense on Debt Issuance 250,000 Total Housing Development Account $10,425,000 Pooling Land Acquisitions $ 6,775,000 Public Improvements 4,000,000 Interest Expense on Debt Issuance 1,050,000 Total Pooling $11,825,000 Interest Expense (including Capitalized) $11,250,000 Total $69,500,000 The 2016 tax increment capacity identified by Hennepin County for the assessment year 2015 is 2,018,789 which are projected to generate a total of $3,344,838 for taxes payable in 2016. The following illustrates use of funds using 95% of projected 2017 revenue: Debt Service Housing Fund Pooled Activities 2017 $ 2,310,476 $ 480,776 $ 413,925 2018 2,294,451 480,776 413,925 2019 2,242,713 480,776 413,925 2020 2,231,513 480,776 413,925 2021 2,343,438 480,776 413,925 2022 2,230,669 -- $13,653,260 $ 2,403,880 $ 2,069,625 The additional revenue available for Housing Activities is approximately $2.4M and Approximately $2.1M for pooled activites. DEPARTMENT GOALS: Develop options on the use of Housing and Other Pooling Activities funds for Tax Increment investment opportunities which leverage private investments and maximize benefits to the community. EXPENDITURE DETAILS: 6474 Debt Service Fund Transfer - $ 2,310,476 PERSONNEL LEVELS: No personnel are assigned to this activity. Opportunities for potential use of Housing Funds associated with the Opportunity Site: o Acquisition of the former Perkins site - $450,000 (future townhomes along John Martin Drive) o $1.5 M street, utilities, streetscaping special assessment for north side of street improvements (future owner-occupied townhomes) Opportunities for pooling activities: o Acquisition associated with the future Hwy 252 and 66 1h Interchange - $700,000. TIF3Area Project Area Boundary CityBorder Houzhg ©pm cd] Raddev(MOPMOMPrWac 1 Eoct Ai 0 52 2 5 2 2 s.. A 52 C 0 o— - - OfrKLYN TER - 0 025 05 1 Miles dGGGSSGLCGCGUUGLiGSGtSfl'SG (GUS) 2 JG,2G25 5! 5555 53 553 2! (3032 Created by: Brooklyn C500053 Business and Development DepUGIS 000G53ent Path: L:SUsers\CoS)Dev\TIForeosVrIP3Proposedoxd opmmt ca nd R© opm-in] ©)© CoD. 01an nd Tax Mcrarnent Fhnciç (F) D frct No. 3 70TH AVE N > I)DRI E Di1tJ!fAi Lit PIN / iI ct.i/// L N)zCiiyof AW-'EL (BROOKIAN 0 0125 025 05 ) 'CENTER EIII 1- 121/es s / Crested by: Brooklyn Center Bsninenn and Development Dept./GIS Document Path: L:\Usnrn\ComnDev\TIFemeon\TIFDl5TJCTNo3mod Brooklyn uBudget Nar a Department Name: TIF District 94 I J S] I m This fund accounts for all TIF revenues and expenditures for TIF District #4, (Joslyn Environment Clean Up) for the environmental cleanup and public improvements for the Twin Lakes Business Park. The district consists of 29.26 acres which were redeveloped into 3 industrial lots with large industrial buildings for Caribou Coffee, Toro/Baker Furniture, and the former Wickes Furniture Distribution Center. iic'rsi (eg toiuii XI] a :i u o a This District was established in 1999 as a 20 year soils district to assist in certain public improvement costs, including the street connection of Azelia Ave. to 50 th Ave. N, and supplementing the environmental investigation and clean-up costs of the Josyln Super Fund Site. The Finance Plan included PAYG Notes (principal amount of $2,424,199 with an annual interest rate of 8%) with 97.5% of the available annual tax increment allocated to the repayment of the PAYG note and 2.5% available for administrative expenses. The District is scheduled to be decertified on December 31, 2020. The increase in property valuations of these 3 industrial buildings enabled the PAYG Note to be repaid with the tax increment received in 2016. On February 8, 2016, the EDA approved an administrative budget amendment, consistent with Minnesota Statutes 469.1763, Subdivision 2(d), to the Finance Plan of Tax Increment Financing District No. 4 which enabled the Pooling Tax Increment Funds for Affordable Housing. (EDA Resolution No. 2016-05). The amended budget included the following changes: Site Improvements & Preparation $2,424,199 Pooling for Affordable Housing 103,373 Administrative Expenses 120,000 Interest 2,145,000 Total Expenditures $6,552,572 The EDA financed the acquisition of a 4.5 acre commercial site on Brooklyn Boulevard with the 2013 Bond Issue which allocated TIF 3 Housing Funds for debt service. In 2016, the development of this site was approved for the Sanctuary of Brooklyn Center, an affordable senior housing development, which met the Statutory requirements for Pooling of TIF 4 funds.. The following illustrates the 2013 Bond payments for this site and the projected TIF 4 Revenue available: 2013 Bond Debt Service TIF 4 Revenue 2016 $245,705 $243,667 2017 $241,505 $410,266 2018 $241,990 $410,266 2019 $241,615 $410,266 2020 $ 245,235 $410,266 (last yr. Of increment) 2021 $242990 Total $1,459,040 $1,884,731 The TIF 4 Budget would have an additional $425,000 available for eligible affordable housing expenditures. The use of TIF 4 Pooling also enables the EDA to use the funds pledged for the 2013 debt service for other eligible Housing activities. DEPARTMENTAL GOALS: o Develop funding options for FDA's consideration which promote and enhance affordable housing opportunities. PERSONNEL LEVELS: No personnel are assigned to this activity. CAPITAL OUTLAY: None requested. and RedevMotiparmli. 'ot ©. 01 Ta rücemnt Fnch (TF) tct Mo. 4 TF DISTRICTS TIF District No. 4 jof N 1I FCF- ,KLYN W+E 7ER U 00375 0075 015 I Miles S ______ TI F_Project Boundary Line Created by: Brooklyn Center Boniness and Development Dept./GIS Document Path: L:\Usnms\CornDea\TlForeas\TIFDIOTOJCTNo4.emod I I Owl 11 Department Name: TIF District #5 eiiimac This fund accounts for all TIF revenues and expenditures for TIF District #5, a Renewal and Renovation Tax Increment District that was established in 2011 as part of the redevelopment of the Brookdale Mall properties into the Shingle Creek Crossing PUD. The development is anchored by a 181,943 sf. Walmart featuring grocery, pharmacy, retail, and garden center, and includes the following retail/service commercial buildings and/or pad sites: o A 38,000 sf. L.A. Fitness; o A 108,208 sf. pad site former Food Court Building which includes junior box retailers (TJ Maxx and Michael's); o Twelve retail pad sites comprising 109,034 sf.; o Five free standing restaurants pads totaling 23,288 sf.; o A 4,869 sf. Applebees restaurant and a two story 75,000 sf. retain building formerly occupied by Kohis are part of the PUD, but not included in the TIF District. The Shingle Creek PUD plans for a total of 540,342 sf. of commercial/service space within this 65 acre development. The tax increment assistance for this commercial redevelopment was financed through the following: - The Tax Increment District 2 Spending Plan, authorized by the 2010 Minnesota Jobs Bill, provided a $2.4 M inter-fund loan to be repaid by future TIF 5 increment. - A Pay-As-You-Go promissory note for $2.3 M. The District's Finance Plan also identified the potential of Tax Increment Revenue that could additionally fund $2.3 M of eligible in-district improvements and approximately $1 M for outside of the district capital improvements and/or property acquisitions. The first increment for this District was received in 2014. The first 3 years (2014-2016) of tax increment were identified to be distributed as follows: - 90% to be applied towards the repayment of the $23M Promissory Note (6% annual interest rate); - 10% to reimburse Administrative Costs. Beginning with the fourth year (2017): - 60% of increment to be used to pay off the Promissory Note. - 10% to reimburse Administrative Costs 30% of the increment available for the repayment of the inter-fund and additional EDA approved projects inside and outside of the District. • The additional projects previously considered by the EDA included additional enhancements to the day-lighted portion of Shingle Creek and enhancements to the internal streetscape improvements. • The out of district expenditures the EDA may consider include capital improvements and property acquisitions, such as the Brooklyn Boulevard Corridor, Humboldt Avenue Corridor, or 57th Avenue Corridor, or redevelopment activities within the Opportunity Site. The District is scheduled to be decertified by December 31, 2029. At such time as the PAYG Note, Inter Fund Loan are satisfied and there are no outstanding liabilities or budget activities that the EDA chooses to pursue, the remaining fund balance and any subsequent tax increment revenue received would be considered excess TIF revenue and would be returned to Hennepin County. Hennepin County would then redistribute these tax dollars to the taxing authorities. In 2016, the 5 Year Rule of the Tax Increment Laws came into effect which restricts the use of Tax Increment Revenue to existing in-district debt obligations with 20% available out-of-district expenditures (which includes Administrative Fees, in-district and out-of-district expenses). The Shingle Creek Crossing Project has 4 retail pad sites (53,100 sf.) and 4 restaurant pad sites (20,800 sf.) to complete the approved PUD plans. IDE4VaIli]i:tIJ 114 I]I W11L The annual increment generated by the current development of Shingle Creek Crossing Project is approximately $500,000 of which: - $300,000 is available for the PAYG Note. - $50,000 is available to reimburse Administrative Costs - $150,000 is available for the inter-fund loan repayment or other EDA approved out- of-district expenditures. IO1tIk'AIaI1 To provide the EDA with options which maximize redevelopment opportunities and strategic investments within and adjacent to the Shingle Creek Crossing Development to promote the successful redevelopment of the former Brookdale Mall properties. PERSONNEL LEVELS: No personnel are directly assigned to this activity. CAPITAL OUTLAY: None requested. Opportunities: Structuring of a Tax Increment Bond to refinance the balance of the PAYG Note ($2M) and repayment of $13M of the TIF 2 Inter-Fund Loan o Interest saving on the 6% PAYG Note o approximately $300,000 o Increase to the TIF 5 fund balance (Pooling Activities & Bond Pymt. Reserve) o 2 d half 2016 and 2017 payments, approx. $700,000 o Acquisition of 4 acres for Opportunity Site Storm Water Improvements, Future Daylighting of Shingle Creek, and future restaurant pad. Potential use of Pooled Funding after 5 Year Rule (2016-2029) estimated at $775,000: o Xerxes Ave/55 th Ave. connection - internal vehicular & pedestrian access and streetscape improvements. $150,000 o Trail Connection along the perimeter of Sears lot (1400' to 55th Ave/Xerxes trail connection estimated @ $100 per ft.) $140,000 Hofln vDopmt cand Red elIoprne Poflect No. 01 and Tax hncrementr Fnc (TF) Dlletdct Ha. TF DSTRDCTS 1_j_1_j i: _____t TIF District No. 5 5rBRON-LEN Nf Li 0 0.0375 0.075 0.15 W--E iE]? s Central Commerce District Crested by: Brooklyn Center Ousineso and Development DepIJGIS Document Path: L:\U5005tCoomDov\TlFereas\TIF DISTRICT No breed City of Brooklyn Center FUND: Fund - 27900 DEPT/DIVISION/ACTIVITY: TIF District #6— Pendi n g PROFILE This fund accounts for all TIF revenues and expenditures for TIF District #6, (Sanctuary at Brooklyn Center) an affordable assisted care senior apartment development and the future redevelopment of the 4 adjacent lots, comprising approximately 6.27 acres. (J tS1uJI III) 111 U I) F i (Ii On October 26, 2015, the City Council conducted a public hearing on establishing a 25 year Affordable Housing Tax Increment District for a proposed senior project which would enable the use of tax increment generated from this development to fund a $1,500,000 PAYG Note and an additional $300,000 for future land acquisition of two adjacent properties. The City Council adopted a Resolution No. 2015-63, Approving a Modification to the Redevelopment Plan for Housing Development Redevelopment Project No. 1 and Establishing a Tax Increment Financing Plan for TIF District No. 6 (Affordable Senior Housing). The certification of this District was delayed pending completion of the TIF and PUD development agreements; FDA's purchase agreement/land conveyance process; the developer's finance plan to obtain tax exempt and tax credit financing. These conditions have been met and the certification of Tax Increment District No. 6 is being processed. The first year of Tax Increment has been delayed until 2018. The district is scheduled to be decertified in 2043. The TIF 6 Finance Plan includes the following budget: $2,816,236 Public Utilities, Site Improvements, Preparation Costs and Other eligible improvements; $2,883,872 Pay-As-You-Go (PAYG) Note $ 146,157 Administrative Costs DEPARTMENTAL GOALS Develop funding strategies and options for the EDA' s consideration which promote and enhance affordable housing opportunities. PERSONNEL LEVELS No personnel are assigned to this activity. CAPITAL OUTLAY None requested. Hotsrt9j Development and Redevelopment Project No. 01 and Tex crement Fh,ench,j (TDF) Dtrct No. 6 A B C D E F G Ile; r 7 ( \\ LOCAL STREET 4 . INDEX H I -1 I I I I I I I I II IJJ1IIi I I II I I I I I I I I I Il.J I 6 L __ 6201 ) ICA LL - 6107 LEGEND 3600 \PARK 11 Project Area Boundary TIF District No. 6 üIj of 0 025 0.5 rlIee W+E Created by: Brooklyn Center Orrsineso and Development Dept./GIS Document Polk; L;\Uoero000rnDeu\TlPereee\TIFDISTF1ICTN06rnnd City of Brooklyn Center 2017 Budget utS1h1Pa Fund-28800 TIF District #7— Pending tI) I The district has been qualified as a 25 year Redevelopment District with redevelopment opportunities planned for the parcels within the Opportunity Site to include: o The phased development of 7 apartment buildings with 749 market rate apartments units and a 50,000 sf. performing arts center within the 32 acres formerly occupied by Brookdale Square and Brookdale Ford. o Approximately 60 owner occupied townhome units have conceptually been identified as a residential use for the parcels adjacent to John Martin Drive. • The parcels within the Shingle Creek Crossing Development include opportunities for an additional 10,000 sf. of commercial development and the renovation of the 75,000 sf. former Kohl's building or redevelopment of this 6.8 acre site. The boundaries of Tax Increment District No. 7 include 9 parcels within the southern portion of the Opportunity Site (lying south of John Martin Drive): 5930 Shingle Creek Parkway 5939 John Martin Drive 5927 John Martin Drive 5915 John Martin Drive 5 90 John Martin Drive 5 91 Shingle Creek Parkway 5900 Shingle Creek Parkway 2500 Co. Rd. 10 PID 02-118-21-13-0007 Jani King (office building) former Golden Value Market (acquired by EDA) New King Buffet & Tires Plus former Perkins Restaurant site (for sale by owner) Health Partners Dental Clinic Mn. School of Business (office building) former Brookdale Square Center (acquired by EDA) former Brookdale Ford (acquired by EDA) remnant parcel adjacent to Hwy 100 ramp The District also includes three adjacent parcels within the eastern portion of the Shingle Creek Crossing Development: PID 02-118-21-24-0021 remnant parcel adjacent to 2545 Co. Rd. 10 2545 Co. Rd. 10 former Boulevard Restaurant (acquired by EDA) 2501 Co. Rd. 10 former Kohl's building The base market value of these properties for 2015/2016 is $17,882,904. The estimated increase in market value of upon completion of the proposed redevelopment is projected to be $151,342,929. The Plan provided the following budget which identifies the anticipated use of tax increment to finance public roadways, utilities, site improvements, structured parking, and other eligible costs associated with the redevelopment of the site, as well as related administrative expenses.: Land/Building Acquisition, Demolition, Special $21,401,928 Assessments, Public Utilities, Site Improvements/Preparation Costs, and other Eligible Improvement Costs Interest Expenses $27,771,521 Administrative Costs $5,463,715 Total $54,637,164 The District is scheduled to be decertified by December 31, 2041. WMA The Tax Increment 5 Year Rule which restricts the use of Tax Increment Revenue to existing in- district debt obligations with 25% available out-of-district expenditures (which includes Administrative Fees, in-district and out-of-district expenses) will come into effect 5 years after the certification date of TIF District No. 7. :i 'J IIJ Viii .1 DI)] Di W'II P !N I1 W'I eisi F To provide the EDA with options which maximize redevelopment opportunities and strategic investments within the Opportunity Site and Eastern portion of the Shingle Creek Crossing Development. PERSONNEL LEVELS No personnel are directly assigned to this activity. CAPITAL OUTLAY None requested, pending an EDA approved Development Agreement with schedule for phased improvements and TIF revenue stream. ffW/ / '1 7 \\\:- - 4: II- !r, 4çt •' w II IA WE City of (BROOKLYN ) CENTER LEGEND 1-i TIF_Project_Boundary_Line 115 I11lJU TIF District No. 7 115 0 0 0225 045 0.5 I Miles Created by. Brooklyn Cooler Erroirreso and Development Dept./GIS Document Path: L:\Users\CoorDoo\TIForOO5ITIF DISTRICT No. 7.mxd 6 MM N 7 iT Housing Development and Redevelopment Project No O° and Tex ncrement Financing (TF) District No, 7 (Proposed) A B C D E F G lilt I ____ L - - LOCAL STREET 4 - -. INDEX 1 -/If lo\\\'%'T \ LJ MEMORANDUM COUNC]IL WORK SESSION DATE: March 27, 2017 TO: Curt Boganey, City Maria gg FROM: Nathan Reinhardt, Finance Director iJ SUBJECT: TIF Funding Update Recommendation: No action will be requested. Staff will be providing an update to City Council on the Tax Increment District Funding. Background: The City recently returned $463,787 in tax increments funds to the County for property tax court settlements. Of this amount, three parcels are part of TIF 43 and amounted to $137,530, covering the years 2014 to 2016. The adjustment will have a minimal impact on TIF Revenue moving forward. The other $326,258 returned was a result of an adjustment of one parcel in TIF #4, covering the years 2014 to 2016. The value of this one parcel had a large decrease in net tax capacity, of the $9,680,000 in taxable market value, $4,800,000 was reclassified as contaminated property. A property will pay contamination tax in lieu of property taxes. This reduces the annual tax increment revenue through the life of the district by $106,000 annually. The City also has been made aware from Bond Counsel and our Financial Advisor that we may not be able to collect the tax increment revenue in 2021 for TIF 93 as originally anticipated. The State Auditor has recently provided some clarification on their interpretation of TIF statutes that would not allow for the collection of the 2021 payment (estimated at $3.7 million) as a result of not having in district obligations remaining for that TIF Revenue. Budget Issues: In addition to the changes outlined above, the City has been provided with the information from the County that allows us to calculate expected tax increment revenues for 2017. These revenues compared to the budgeted amounts are as follows: District Expected Budgeted Change TIF #2 $-$-$- TIF #3 $3,765,780 $3,177,598 $588,182 TIF #4 $309,225 $437,808 ($128,583) TIF #5 $544,948 $498,810 $46,138 Cash flow projections have been included, that show the impact of these changes. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people an (I preserves the public trust 0N N a) cl C0 C,C') a)C')a) aDCCOD 00 0 a) N N )U C N N .-0 CD CD N N N cC 6'G GO GO I I c I CII (ICC 0 GD I GD 5' ON N CO N 0 N N GO N N GO N CDa,CN N N 0 N NoC ID N N GO GO CO N 0 N GO N 0 GO GO 0 N- 0 GO N a) -a-in 0 CO 0 N N GO N- CD N N C') C') N N 0 C')o N Na- GO GO ICC) NI)CDCN ON N N N- N a, 'GO 0 0 0 N ON 0) CD 0)10 GO O N 0 0) N 0) N- 'a)N N N CO GO GO N- CD N CCCC 0) N N N NO 0 N 0 O NOD DC COD DC 'a) N N CD 0) N- 0) CD 0 oN0 DC N DC N- Ito C') co N N Na- GO GO GO I I 0 0) I I I 0) 111 1C 0 I 0) CC CD LOO LCD GO GO C') N O N-CD GO GOD CD 'GO DC N C) N- NoN 0) 1)) N CC N- NN N N Na- GO GO CO I CD N I I 0)N '0 0 CC 'CD 0 N 0 N No ,CD GO N GO 0 (6 (6 r-" Cf C) 0) N- 0) N- C')0, 0 N C') 0 GO GO Cf I I N CD ' I I 0) 11111111 Cl) I 0 I N C NC') ' N ' N'- Cf ON- N CD N- C') Cf C) CON C) N 0) N- a,'' 0) 0) N C) N- Ci C, a) Na- CO GO CC I GO N GO I I GO CC) I GO C') CC CDODO 'a) N CD N Cf a, GO GO N- N N N ID C' GO (6C'i (6 R (6 C' a," 0 N- 0 N CCCI, 0 CC a- GO' GO LC C GO Cl) C) I C C 0 I''1' GO C 0 C GO C' (DON N- 0 N N- N a, inN-GO " C\! C') (6 (6 a a,'" 0 0 N C NN- C a- CO C GO LI) I I I N IC0CCIC C N- GO N 0 CL) C CLI 0) '0 '0 GO GO 'C)' CC 'a)' GO 0 C - 0(0 CD CD CD CCLNCDCDN C CU CD GO CD C 0 N " CD C N- CC' a, Co '-'N- GO 'C 0 'C)'ONNC C I '0 IC)I)CICC GO '0GOCDGON- C GO 0 GO 0 CD GO GO CC) GO CO GO CD C 0 - N'0 N C IC) CO 10 N CD GO CD GO C C1CGO (6(6 25 inN N - C') N CDNNGO <N GO GOI a)'CC00 0 o E '2 o EOLCC a,CU0 ,,,a, 52 5 GO CI)>, CC 2 E5ocoo 0co CO2" N 0000a,022 E'C000-2i, a,'ONC '7 oO>,a,a,CD,,,02 C,S(C)2 gD'D, o E c0O0UJ0ILu GO 0 0 a- City of Brooklyn Center Decertification Date = 4119/2021 Tax Increment District 43 Cash Flows Analysis Revised: 3-9-17 Actual Actual Projected Projected Projected Projected Projected Projected 2015 2016 2017 2018 2019 2020 2021 2022 Revenues: Tax Increments $ 2,953,728 $ 2,969,836 $ 3,765,780 $ 3,765,780 $3,765,780 $3,765,780 $- $ - Intergovernmental ------- Interest on Investments 19,833 6,553 9,585 9,858 21,554 32,812 44,264 - Lease Rentals 177,213 85,081 84,378 92,816 102,942 112,048 96,190 - Miscellaneous 26,692 1500,645 35,000 ---- - Bond Sales ------- - Transfers In --281,502 281,502 281,502 281,502 281,502 281,502 Total 3,177,466 4,562,115 4,176,246 4,149,957 4,171,779 4,192,143 421,957 281,502 Expenditures: Personal Services - ----- - - Supplies & Materials - ----- - - Other Services & Charges 1,483,475 590,181 472,834 471,050 -- - - Capital Outlay - 615,006 150,000 150,000 -- - - Debt Service Issuance - ----- - - Interfund Advance to TIF 4 - 1,500,000 ---- - - Transfers Out - Debt Service 2,395,981 ---- - - Projected Debt - 20040 - 1,649,960 ---- - - Projected Debt- 2008A - 143,063 136,438 129,813 -- - - Projected Debt - 2013A - 432,838 432,588 430,888 476,963 477,063 2,244,938 2,232,169 Projected Debt -201 SB - 100,500 1,744,450 1,736,750 1,767,250 1,755,950 - - Transfers Out - EDA Admin - 65,650 100,000 100,000 100,000 100,000 100,000 100,000 Total 3,879,456 5,097,198 3,036,310 3,018,501 2,344,213 2,333,013 2,344,938 2,332,169 Cash Balance - Beginning 2,369,189 1,667,199 1,227,667 2,367,602 3,499,058 5,326,624 7,185,753 5,262,772 Change in Accruals -95,550 ------ Revenues 3,177,466 4,562,115 4,176,246 4,149,957 4,171,779 4,192,143 421,957 281,502 Expenditures (3,879,456)(5,097,198) (3,036,310)(3,018,501)(2,344,213)(2,333,013)(2,344,938)(2,332,169) Cash Balance - Ending $ 1,667,199 $ 1,227,667 $2,367,602 $ 3,499,058 $5,326,624 $7,185,753 8 5,262,772 $3,212,105 TIF Portion 2,222,320 3,447,334 3,992,176 4,528,046 5,756,597 7,018,124 5,058,563 2,975,375 Housing Portion (555,121) (2,219,668) (1,624,573) (1,028,988) (429,974) 167,629 204,208 236,730 Total __$_1,667,199 $ 1,227,667 $ 2,367,602 $ 3,499,058 $ 5,326,624 $ 7,185,753 $ 5,262,772 $ 3,212,105 8,000,000 Tax Increment District #3 6,000,000 4,000,000 2,000,000 Ft Lf (2,000,000) 2015 Actual 2016 2017 2018 _-2 2020 2021 2022 Actual Proete jd[Projected Projected Projected Projected (4,000,000) LJJ Revenues:LExpenditures: '.=TlF Portion --Housing Portion City of Brooklyn Center Decertification Date 12/31/2020 Tax Incrument District #4 Cash Flows Analysis Revised: 3-9-17 Actual Actual Projected Projected Projected Projected Projected Projected 2015 2016 2017 2018 2019 2020 2021 2022 Revenues: Tax Increments $ 420,807 $ 96,112 $ 309,225 $ 309,225 $ 309,225 $ 309,225 $ - $ - Interest on Investments 558 559 317 317 -- - - Transfers In -1,500,000 ---- - - Total 421,365 1,596,671 309,542 309,542 309,225 309,225 - - Expenditures Other Services & Charges -1,134 ------ Capital Outlay -1,500000 ------ PAYGO 635,980 166,599 ------ Transfers Out (TIF#3 Interfund)--281,502 281,502 281,502 281,502 281,502 281,502 Transfers Out (EDA Admin)4,157 5,780 10,000 10,000 10,000 10,000 10,000 10,000 Total 640,137 1,673,513 291,502 291,502 291,502 291,502 291,502 291,502 Cash Balance - Beginning 266,629 251,781 311,053 329,093 347,132 364,855 382,577 91,075 Change in Accruals 203,924 136,114 ------ Revenues 421,365 1,596,671 309,542 309,542 309,225 309,225 -- Expenditures (640,137)(1,673,513)(291,502)(291,502)(291,502)(291,502)(291,502)(291,502) Cash Balance - Ending $251,781 $ 311,053 $329,093 $347,132 $364,855 $382,577 $91075 $(200427) PAYGO Balance 351,274 - ..' '.' 2,000,000 - 1,500,000 1,000,000 500,000 - Tax Increment District #4 1 m m m H 2015 2016 2017 2018 2019 2020 2021 2022 Actual Actual Projected Projected Projected Projected Projected Projected (500,000) LJ Revenues: LIJ Expenditures: - -Cash Balance - Ending ,=t=PAYGO Balance G:\Budget\20 1 8 Budget\Cash Flows\20 1 6 Tax Increment Funds (updated 3-9-17) (U (U LU N- (U N- UI (UU)(U (U 0)UI UI (U0 0) (U U) (LI (U LI) UI00 (U UI (U (U U) 0UI U)(0 U)U) UI CV UI (U UI (0(U (U U)(U U- UI UI '''UI'' U)N- (U N-(UUI (U (U CLUI U) (U U) N- (U U)O UI O( 0 (0 (UUI (U(U (U (U (UI))(U (0 LI)N- (UUIUIUI (U UI))U)U) UI (U UI U)(U(U U- (U UI •(!LLQ)L( U)UI LU (U UI •(U (U UI UI UI U) (U UI N- UI (U UI UI (U(U (U - (U N- UI)LUI (U 0) (U (0UI(UU)(U N- U)(U 0)UI UI (U I))(U U- (U (C ((ILLOLL U)LI) UI (U LI) (U (UUI (U (U 0 UIUI N- (U- (U UI UI U) 0 (U UI UI (U UI (U (UUI(UU)(U (U U)LU UI UI N- UI UI(U 0 U) UI UI CL 0 UI)- (U ((U U) U)LU) 0 ( (U U)I))(UUI UI N- UI UIUI (U UI UI U) U) UI UIU) (U UI U)00 (U (U UI U)(U (U o • UI (UCL UI (U U) UI (U UIUI UI (U U) (U (U UI U)(U(U UI UI (U UI(U LI) CL (U 0 UIUIO U) UI(0 UI U)UI (U (U N- UI (UUI U) UI (U (ULU) UI U) U)(UUIa- CL (U L ((U L L L U) (U U)UI (U • (UUI (U LUUIUIUI 0) UI 0 UI 0((U(U UI CULL) LI) UI (U (U (UU) UI (U C) (UU) (U UI(I (U(U (U UI (U(UN- UI UI UI 0 (U (U UI (I)V.00 LI) (U 0 UI UI 0 U)CL) UI U) UI LL)(UUI U- (U L ((U . (U LU (U UI LI)(U (U (U (U(U • N-UIUI UI UI UI (U UI UIUI UI'- U) (U (U (U UI (0(0C) (U UI C\! (U.- 0 (U (U UI (ULUU)(U(U (0 UI(ULL)-N- U)U) UI U) UI LUU)UI UI 0 (U ((U UI L L (U (U UI UI (U N- L (U (U(U 0)(U UI (U U) UI 0) 0 (U UI (U Cl! (0 UI (U UI (U (U N- UI '-(U U)(0o UI (U LO(UU)OLU(U UI 0 UI U)(UUILO0 N- (U 0 UI0._0 LI)U) UI U) UI LUU)UI UIa- UI (U L UI L LU (U 0) (U 0 (U (UO UI(UU)(U C) UI 0 (0 UIUI 0 (UOUIUIO(UI (0 (U CLN- ON-I)-UI UIC) (U (U (UN(UUIUI UI (UUI(U UI ._,0 LI)U) UI (U (U (U(U(U 0) CL (U L L (U (U ( L (U (U UI UI UI U) ( (U (U (U U)(UUI (U UI UI U) UI (UUI 0 (U(UN-'N-0 UI lo(C) 0LN-Nw UIC) UI)-(U UIU)UIUIN-0) (UN-UI UI UI UI (U N-U)UI (U UI UI U) LU 2 (U U) 0)(U N- U) UI N (Ua- -U- 2h 01 0 L U)UI0'(U UI1UI gg s ss0tOLU N-N-C) N-0 OUI N-<UI UI (U C)(U (U (U N- UI L U) ON-UI UI UI (U U) UI UI (U UI U) UI (U N- N- 00 UIUI 000 UI UI U) (U (U N- (U (U (UN- (U UI U) (U (U UI (Usg ss tO UI 0) N- (U UI UI N- UI UI.--N-UIUI U, C)C —-U 2°a C-UU- C OO o (•.a .E _>. (I)LL tW0)UIUI(U o LU 0 Ecu ..'Z< a-aoz0)0 • .CL L_C) Uc 0 UI Ø= QCI®ULU —S.20_o t00 CLU 0)00 .aL a oo UI U (0 0) UI UI (I 0 E LUfi Lf 00 UI [ II TIF 2 Active TIF Districts (#2, #3, #4, #5) We maintain cash flow projections for these TIF Districts and updated for the following four significant items: 1.2016 actual results (unaudited) 2.Tax refunds and ongoing impacts •TIF #3 refund = $137,530, annual impact = $5,000 •TIF #4 refund = $326,258, annual impact = $106,000 3.State Auditor interpretation of TIF Statute impacting the final payment on TIF #3 4.County 2017 taxes payable information District Expected Budgeted Change TIF #2 $ - $ - $ - TIF #3 $3,765,780 $3,177,598 $588,182 TIF #4 $309,225 $437,808 ($128,583) TIF #5 $544,948 $498,810 $46,138 Actual Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Revenues: Tax Increments (58,754)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ County grant 25,400 - - - - - - - - - - - Interest on Investments 783 298 568 568 - - - - - - - - Interest on Advance 21,007 8,645 7,723 6,882 6,023 5,146 4,250 3,337 2,404 1,453 103 - Advance Repayments - - 91,879 92,798 93,726 94,663 95,609 96,566 97,531 125,549 21,225 - Total (11,564) 8,943 100,170 100,248 99,749 99,809 99,859 99,903 99,935 127,002 21,328 - Expenditures: Other Services & Charges 21,655 10,680 - - - - - - - - - - Total 21,655 10,680 - - - - - - - - - - Cash Balance - Beginning 142,254 87,547 1,777,205 1,877,375 1,977,623 2,077,372 2,177,180 2,277,039 2,376,942 2,476,878 2,603,880 2,625,208 Change in Accruals (21,488) 1,691,395 - - - - - - - - - - Revenues (11,564) 8,943 100,170 100,248 99,749 99,809 99,859 99,903 99,935 127,002 21,328 - Expenditures (21,655) (10,680) - - - - - - - - - - Cash Balance - Ending 87,547$ 1,777,205$ 1,877,375$ 1,977,623$ 2,077,372$ 2,177,180$ 2,277,039$ 2,376,942$ 2,476,878$ 2,603,880$ 2,625,208$ 2,625,208$ Advances to Other Funds 2,463,683$ 772,328$ 688,172$ 602,256$ 514,553$ 425,035$ 333,676$ 240,447$ 145,321$ 21,225$ (0)$ (0)$ $(500,000) $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Actual Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Tax Increment District #2 Cash Balance - Ending Advances to Other Funds Actual Actual Projected Projected Projected Projected Projected Projected 2015 2016 2017 2018 2019 2020 2021 2022 Revenues: Tax Increments 2,953,728$ 2,969,836$ 3,765,780$ 3,765,780$ 3,765,780$ 3,765,780$ -$ -$ Intergovernmental - - - - - - - Interest on Investments 19,833 6,553 9,585 9,858 21,554 32,812 44,264 - Lease Rentals 177,213 85,081 84,378 92,816 102,942 112,048 96,190 - Miscellaneous 26,692 1,500,645 35,000 - - - - - Bond Sales - - - - - - - - Transfers In - - 281,502 281,502 281,502 281,502 281,502 281,502 Total 3,177,466 4,562,115 4,176,246 4,149,957 4,171,779 4,192,143 421,957 281,502 Expenditures: Personal Services - - - - - - - - Supplies & Materials - - - - - - - - Other Services & Charges 1,483,475 590,181 472,834 471,050 - - - - Capital Outlay - 615,006 150,000 150,000 - - - - Debt Service Issuance - - - - - - - - Interfund Advance to TIF 4 - 1,500,000 - - - - - - Transfers Out - Debt Service 2,395,981 - - - - - - - Projected Debt - 2004D - 1,649,960 - - - - - - Projected Debt - 2008A - 143,063 136,438 129,813 - - - - Projected Debt - 2013A - 432,838 432,588 430,888 476,963 477,063 2,244,938 2,232,169 Projected Debt - 2015B - 100,500 1,744,450 1,736,750 1,767,250 1,755,950 - - Transfers Out - EDA Admin - 65,650 100,000 100,000 100,000 100,000 100,000 100,000 Total 3,879,456 5,097,198 3,036,310 3,018,501 2,344,213 2,333,013 2,344,938 2,332,169 Cash Balance - Beginning 2,369,189 1,667,199 1,227,667 2,367,602 3,499,058 5,326,624 7,185,753 5,262,772 Change in Accruals - 95,550 - - - - - - Revenues 3,177,466 4,562,115 4,176,246 4,149,957 4,171,779 4,192,143 421,957 281,502 Expenditures (3,879,456) (5,097,198) (3,036,310) (3,018,501) (2,344,213) (2,333,013) (2,344,938) (2,332,169) Cash Balance - Ending 1,667,199$ 1,227,667$ 2,367,602$ 3,499,058$ 5,326,624$ 7,185,753$ 5,262,772$ 3,212,105$ TIF Portion 2,222,320 3,447,334 3,992,176 4,528,046 5,756,597 7,018,124 5,058,563 2,975,375 Housing Portion (555,121) (2,219,668) (1,624,573) (1,028,988) (429,974) 167,629 204,208 236,730 Total 1,667,199$ 1,227,667$ 2,367,602$ 3,499,058$ 5,326,624$ 7,185,753$ 5,262,772$ 3,212,105$ (4,000,000) (2,000,000) - 2,000,000 4,000,000 6,000,000 8,000,000 2015 2016 2017 2018 2019 2020 2021 2022 Actual Actual Projected Projected Projected Projected Projected Projected Tax Increment District #3 Revenues:Expenditures:TIF Portion Housing Portion Actual Actual Projected Projected Projected Projected Projected Projected 2015 2016 2017 2018 2019 2020 2021 2022 Revenues: Tax Increments 420,807$ 96,112$ 309,225$ 309,225$ 309,225$ 309,225$ -$ -$ Interest on Investments 558 559 317 317 - - - - Transfers In - 1,500,000 - - - - - - Total 421,365 1,596,671 309,542 309,542 309,225 309,225 - - Expenditures: Other Services & Charges - 1,134 - - - - - - Capital Outlay - 1,500,000 - - - - - - PAYGO 635,980 166,599 - - - - - - Transfers Out (TIF#3 Interfund)- - 281,502 281,502 281,502 281,502 281,502 281,502 Transfers Out (EDA Admin)4,157 5,780 10,000 10,000 10,000 10,000 10,000 10,000 Total 640,137 1,673,513 291,502 291,502 291,502 291,502 291,502 291,502 Cash Balance - Beginning 266,629 251,781 311,053 329,093 347,132 364,855 382,577 91,075 Change in Accruals 203,924 136,114 - - - - - - Revenues 421,365 1,596,671 309,542 309,542 309,225 309,225 - - Expenditures (640,137) (1,673,513) (291,502) (291,502) (291,502) (291,502) (291,502) (291,502) Cash Balance - Ending 251,781$ 311,053$ 329,093$ 347,132$ 364,855$ 382,577$ 91,075$ (200,427)$ PAYGO Balance 351,274 - Advance payable to TIF 3 1500000 (500,000) - 500,000 1,000,000 1,500,000 2,000,000 2015 2016 2017 2018 2019 2020 2021 2022 Actual Actual Projected Projected Projected Projected Projected Projected Tax Increment District #4 Revenues:Expenditures:Cash Balance - Ending PAYGO Balance Actual Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Revenues: Tax Increments 353,417$ 601,065$ 544,948$ 544,948$ 544,948$ 544,948$ 544,948$ 544,948$ 544,948$ 544,948$ 544,948$ 544,948$ 544,948$ 544,948$ 544,948$ Interest on Investments 458 42 15 15 - - - - - - - - - - - Bond Proceeds - 3,805,277 - - - - - - - - - - - - - 353,875 4,406,384 544,963 544,963 544,948 544,948 544,948 544,948 544,948 544,948 544,948 544,948 544,948 544,948 544,948 Expenditures: Other Services & Charges 2,071 - - - - - - - - - - - - - - Developer Note Forgiven 780,000 - - - - - - - - - - - - - - Interest on Advance 21,007 8,645 7,883 6,964 6,036 5,099 4,153 3,196 2,231 1,255 - - - - - PAYGO 466,912 2,256,052 - - - - - - - - - - - - - PAYGO (Projected)- - - - - - - - - - - - - - - Payments on 2016B - - 30,306 46,825 46,825 46,825 46,825 46,825 46,825 373,525 371,875 369,700 371,938 368,563 369,563 Payments on 2016C - - 23,208 303,158 307,658 307,008 306,258 305,186 308,508 - - - - - - Adance Payments (Projected)- 1,700,000 91,879 92,798 93,726 94,663 95,609 96,566 97,531 125,549 21,225 - - - - Transfers Out (EDA Admin)25,493 46,141 46,612 47,531 48,459 49,396 50,342 54,495 54,495 54,495 54,495 54,495 54,495 54,495 54,495 1,295,483 4,010,838 199,888 497,275 502,703 502,990 503,186 506,268 509,589 554,824 447,595 424,195 426,432 423,057 424,057 Cash Balance - Beginning 258,681 104,859 397,763 742,838 790,525 832,769 874,727 916,488 955,168 990,526 980,650 1,078,002 1,198,755 1,317,271 1,439,161 Change in Accruals 787,786 (102,642) - - - - - - - - - - - - - Revenues 353,875 4,406,384 544,963 544,963 544,948 544,948 544,948 544,948 544,948 544,948 544,948 544,948 544,948 544,948 544,948 Expenditures (1,295,483) (4,010,838) (199,888) (497,275) (502,703) (502,990) (503,186) (506,268) (509,589) (554,824) (447,595) (424,195) (426,432) (423,057) (424,057) Cash Balance - Ending 104,859$ 397,763$ 742,838$ 790,525$ 832,769$ 874,727$ 916,488$ 955,168$ 990,526$ 980,650$ 1,078,002$ 1,198,755$ 1,317,271$ 1,439,161$ 1,560,051$ PAYGO Balance 2,147,914 - - - - - - - - - - - - - - Advances from Other Funds 2,463,683 772,328 680,449 587,651 493,925 399,262 303,653 207,087 109,556 (15,993) (500,000) - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 5,000,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Actual Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Tax Increment District #5 Revenues:Expenditures:Cash Balance - Ending PAYGO Balance Advances from Other Funds QUESTIONS/COMMENTS