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Home My WebLink About2018 05-14 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION May 14,2018 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 May 14, 2018 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.April 16, 2018 - Board of Appeal and Equalization 2.April 23, 2018 - Study/Work Session 3.April 23, 2018 —Regular Session 4.April 30, 2018— Board of Appeal and Equalization Reconvene b. Licenses C. Resolution Authorizing Execution of Professional Services Agreement, Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street and Utility Improvements d. Agreements for Brooklyn Boulevard Corridor Project Phase 1 1. Resolution Approving and Authorizing Execution of Cooperative CITY COUNCIL AGENDA -2- May 14, 2018 Construction Agreement for Brooklyn Boulevard Reconstruction and Streetscape Improvements, South of 49th Avenue to North of Bass Lake Road (CSAH 10), Project No. 2018-05 Between Hennepin County and City of Brooklyn Center 2.Resolution Approving and Authorizing Execution of Cooperative Construction Agreement for Brooklyn Boulevard Reconstruction and Streetscape Improvements, South of 49th Avenue to North of Bass Lake Road (CSAH 10), Project No. 2018-05 Between Minnesota Department of Transportation and City of Brooklyn Center 3.Resolution Approving and Authorizing Execution of Traffic Control Signal Maintenance Agreement No. 1030730 for Intersections at Trunk Highway No. 100 at County State Aid Highway (CSAH) No. 152 (Brooklyn Blvd) Between Minnesota Department of Transportation, Hennepin County and City of Brooklyn Center 4. Resolution Approving and Authorizing Execution of Limited Use Permit Agreement for Brooklyn Boulevard Reconstruction and Streetscape Improvements Within State Right-of-Way Between City of Brooklyn Center and Minnesota Department of Transportation e.Resolution Authorizing Execution of Joint Powers Agreement with National Cooperative Purchasing Alliance f.Resolution Amending the City's Personnel Rules and Regulations g. Resolution Providing for the Competitive Negotiated Sale of $8,530,000 General Obligation Improvement and Utility Revenue Bonds, Series 2018A 7. Presentations/Proclamations/Recognitions/Donations a.Resolution Expressing Recognition and Appreciation to City Clerk Sharon Knutson for 35 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. b.Resolution Expressing Recognition and Appreciation of Rebecca Crass for Over 24 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. C. Proclamation Declaring May 20-26, 2018, National Public Works Week in the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- May 14, 2018 d. Resolution Recognizing May 13 Through May 19, 2018 as Police Week and May 15, 2018, as Police Officers Memorial Day Requested Council Action: —Motion to adopt resolution. 8.Public Hearings a. An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Southeast Section of the City, Generally Situated Between Highway 100 to the West and North, Logan Avenue North to the East, and 57th Avenue North to the South, and Locally Identified as 1950 57th Avenue North —This item was first read on April 9, 2018; published in the official newspaper on April 19, 2018; and is offered this evening for second reading and Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt Ordinance. Approval of the PUD Agreement Between the City and Ebert Inc. DIBIA Ebert Construction Requested Council Action: —Motion to approve PUD Agreement. 9.Planning Commission Items a. Request to Use Certain Exterior Materials in the Renovation of the Former Kohl's Building (2501 County Road 10) —The Planning Commission recommended unanimous (5-0) approval of this Application at its April 26, 2018, meeting. Resolution Regarding the Recommended Disposition of the Request to Use Certain Exterior Materials in the Renovation of the Former Kohl's Building (2501 County Road 10), Submitted by HOM Furniture, Inc. (Located at 2501 County Road 10) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.70066 th Ave N, Georgetown Park Townhouses 2.321863 d Ave N 3.5207 Boulder La 4.5715 Emerson AveN 5. 4201 Lakeside Ave #104 CITY COUNCIL AGENDA 4- May 14, 2018 6.5 82 Logan Ave N 7.7006 Morgan Ave N 8.Resolution Approving a Type IV 6-Month Provisional Rental License for 1510 69th Ave N 9.Resolution Approving a Type IV 6-Month Provisional Rental License for 3141 49th Ave N 10.Resolution Approving a Type IV 6-Month Provisional Rental License for 5420 Emerson Ave N 11.Resolution Approving a Type IV 6-Month Provisional Rental License for 6243 France Ave N 12.Resolution Approving a Type IV 6-Month Provisional Rental License for 6325 Kyle AveN 13.Resolution Approving a Type IV 6-Month Provisional Rental License for 5642 Logan Ave N 14. Resolution Approving a Type IV 6-Month Provisional Rental License for 4501 Woodbine La b. Resolution Approving the Cul-de-sac Memorandum of Understanding Between the City and SFG Net Lease TG Minneapolis, LLC and Authoring the Purchase of Excess Right-of-Way from the Minnesota Department of Transportation Requested Council Action: —Motion to adopt resolution. 11.Council Report 12.Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 14, 2018 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.Tobacco Purchase Age 21 (Brooklyns Youth Council) 2.Park Dedication Fees 3.Median Safety Initiative 4.Schedule Special Joint Work Session Meetings with Planning Commission to Review 2040 Comprehensive Plan Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Organic Composting and Native Bee Habitat (1-8-18 Study Session Discussion) - May 2.Comprehensive Plan Art Contest - May 3.Ordinance Review Process - May 4.Earle Brown Days Update 5. Beautification and Public Art Initiative - June City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF APPEAL AND EQUALIZATION APRIL 16, 2018 CITY HALL - COUNCIL CHAMBERS W41tIiIM1flflI 211 The Brooklyn Center City Council met as the Board of Appeal and Equalization and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. 2.ROLL CALL Mayor Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, and Deputy City Clerk Rozlyn Tousignant. Councilmember Kris Lawrence-Anderson was absent and excused. Others present from Hennepin County were Josh Hoogland, Residential Appraisal Manager; Lisa Olmen, Commercial Appraiser; Robert Winge, Principal Residential Appraiser; and Joshua Whitney, Residential Appraiser. 3.LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM The Local Board of Appeal and Equalization Certification form was signed by the Board Members present. 4.QUESTIONS REGARDING THE LOCAL BOARD OF APPEAL AND EQUALIZATION DUTIES A PowerPoint Presentation on the 2017-2018 Assessment Year was provided by Hennepin County Appraiser Joshua Whitney. There were no questions regarding the Local Board of Appeal and Equalization duties. 5.APPEARANCES BY TAXPAYERS WITH APPOINTMENTS There were no taxpayers with appointments scheduled for this meeting. 6. APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT Joseph Lampe, 2118 55th Avenue North addressed the Board to inquire about the valuation of 04/16/18 -1- DRAFT his property increasing. Mr. Lampe provided the Council with materials and shared that his valuation increase was much higher when compared with his neighbors. Paul Oman, 5239 East Twin Lake Boulevard addressed the Board to appeal the valuation of his home. John Geske, 5338 Emerson Avenue North addressed the Board to appeal the valuation of his home. Mitchell Meyer, 6921 Logan Avenue North addressed the Board to appeal the valuation of his home. 7. CONSIDERATION OF WRITTEN APPEALS The following written appeals were presented by the Assessor. The Assessors have met with each of the following appellants after a physical review of the property and market comparable; the following recommendations have been provided for the Board's consideration. a)Jacqueline Williams 7141 Unity Avenue North PID #28-119-21-42-0015 Assessor's recommendation: A value reduction from $135,000 to $127,000. b)FTK Properties 3300 County Road 10 North PID #03-118-21-14-0033 Assessor's recommendation: A value reduction from $2,234,000 to $1,950,000. There was a motion by Councilmember Graves, seconded by Councilmember Butler to close the appeals process. Motion passed unanimously. 8. RECONVENE MEETING DATE (MONDAY, APRIL 30, 2018) 9. RECESS There was a motion by Councilmember Ryan, seconded by Councilmember Butler to recess the Local Board of Appeal and Equalization at 7:19 p.m. to April 30, 2018, 6:00 p.m. Motion passed unanimously. 04/16/18 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 23, 2018 CITY HALL - COUNCIL CHAMBERS wimt.xsi 1D The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves (arrived at 6:03 p.m.), Kris Lawrence Anderson, and Dan Ryan. Councilmember Marquita Butler was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Assistant to the Community Development Director Michael Ericson, Planner and Zoning Administrator Ginny McIntosh, Director of Community Activities, City Attorney Troy Gilchrist, City Clerk Barbara Suciu, and Michaela Kuj awa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None. MISCELLANEOUS Mayor Willson stated that Friday is the Fireman's Relief Fund event and hopes to see everyone there. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS WILDLIFE MANAGEMENT UPDATE: CANADA GOOSE AND WILD TURKEY This item was considered following 1st Saturday Marketplace. 18T SATURDAY MARKETPLACE City Manager Curt Boganey invited Assistant to the Community Development Director Michael Ericson to come forward and provide a presentation on this item. Mr. Ericson provided background, presentation and answered questions on this item. He stated Mr. Lennie Chism is present this evening to answer any questions the City Council may have. 04/23/18 -1- DRAFT Mayor Willson stated the only question he had is whether there will be any City staff members there helping with the event and overseeing things. Mr. Boganey stated that can be arranged. Mr. Chism stated he certainly encourages it and it would be great to have someone there who can answer the questions people may have about the City. Mayor Willson asked if they have been in touch with others regarding vendor opportunities. He noted he spoke with someone in the Latina community earlier this morning, and they stated they would be interested in being a vendor. He stated he will get their contact information to Mr. Chism. Mr. Chism stated he has reached out to some people already and noted there is social media awareness out there. He gave an overview on the locations within the community he will be reaching out to and stated he will make sure there is a lot of information out there for the entire community. Councilmember Graves asked if they have something in place to capture the amount of vendor sales and people in attendance. Mr. Chism stated they are looking at Verifone to keep track of sales and gather data. He thinks having someone at the gate gathering info on where people are from by collecting their zip code or something similar is an idea he will explore. Mr. Boganey asked how comfortable Mr. Chism feels about the event right now. Mr. Chism stated he is very comfortable with the current state of the event plans. He thanked Mr. Ericson for his help and stated the plans have come a long way from where they were at the beginning of the process. He thanked the City for opening these opportunities to encourage entrepreneurs and strengthening the community. Councilmember Ryan stated he has a question regarding exhibitor booths, on page 6. He asked if it is correct that Brooklyn Center residents will not be charged for a booth rental. Mr. Chism stated that is correct. He explained they have yet to determine the amount others will be charged but want to make sure the fees are reasonable so people are encouraged to sign up and yet receive enough revenue to support the event. Councilmember Ryan stated the space is being offered at no charge by Brookdale Health, besides a $2,000 deposit. Mr. Chism stated that is correct and noted they have been very generous. Councilmember Ryan stated he supports this item. Councilmember Lawrence-Anderson asked if Mr. Chism has started a Facebook page and encouraged him to do so if he hasn't already. She stated there is an existing marketplace and noted it is pretty simple to set up a page. Mr. Boganey stated some City staff are experienced in this and would be happy to help get these items set up. Mr. Boganey stated he heard at a conference last week that the return on using local businesses is up to 60%, but noted he needs to verify that information. He hopes to see that investment and return with Brooklyn Center. 04/23/18 -2- DRAFT Mayor Willson stated there is a clear City Council consensus to move forward with this item. WILDLIFE MANAGEMENT UPDATE: CANADA GOOSE AND WILD TURKEY Assistant City Engineer Andrew Hogg provided an over of this item and 3 options for the City to look at and decide which, if any, they want to pursue. Mayor Willson stated he knows there is some debate on this topic and while he is comfortable moving forward with a similar ordinance like the one addressing deer hunting, he believes they should do more research into this topic. Mr. Hogg stated the City doesn't have any numbers on turkeys currently in the City but they can get that data and bring it back to the City Council. Mayor Willson stated overall, he supports options 1, 2 and 3 together. Councilmember Ryan stated he agrees and supports all the options as well. Councilmember Lawrence-Anderson stated she supports the plan as well but supports options 1 and 2 and is concerned about the costs involved with option 3. She would like to see the data on the number of turkeys first. Councilmember Graves stated she prefers option 2 and would like to get more information on this issue before proceeding with anything else. It was the majority consensus of the City Council to have staff obtain the data requested on the number of turkeys in Brooklyn Center and bring this item back to the City Council for review. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Willson adjourned the Study Session to Informal Open Forum at 6:45 p.m. 04/23/18 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 23, 2018 CITY HALL - COUNCIL CHAMBERS II CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan were present. Councilmember Marquita Butler was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, City Engineer Andrew Hogg, Assistant to the Community Development Director Michael Ericson, Planner and Zoning Administrator Ginny McIntosh, Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Diane Sannes, 7006 Willow Lane, addressed the City Council. She stated the Prayer Breakfast is coming up, noted she is sad the Surly Darkness Days event will not be continuing, and stated she is happy that the outdoor market is going to happen and hopes the City continues to support that. Mark Rishoud, 718 and 712 68th Lane, addressed the City Council. He stated he owns two properties that are currently vacant and he is being billed by the City for storm water and street lights which isn't being used. City Manager Curt Boganey stated he will follow up with Mr. Rishoud regarding this issue and they will figure it out. Anna Cooper, 3206 61st Avenue North, addressed the City Council. She stated she reviewed the past documents on the topic of backyard chickens and wanted to present updated information for the City Council to review. She stated there are 80 people in their group now that support backyard chickens. Mayor Willson accepted the documents and stated this issue will go through a process and the next step is the Housing Commission to review the topic and conduct a study. Jeremy Krulikowski, 6145 Camden Avenue, addressed the City Council. He asked what are the steps for the process of having the backyard chicken ordinance reviewed. Mr. Boganey stated they should sign up for notifications on the City website and look at the meeting agendas and meeting schedules to see when the topic comes up. Then they should plan to attend that meeting. 04/23/18 -1- DRAFT Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Lawrence-Anderson requested a moment of silence regarding the month of April being Organ Donation Month. She wanted to honor those waiting for these life-saving procedures as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Wilson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan were present. Councilmember Marquita Butler was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Deputy Director of Public Works Mike Marsh, Assistant to the Community Development Director Michael Ericson, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, City Attorney Troy Gilchrist, and Michaela Kuj awa-Daniels, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.March 26, 2018, Legislative Session with Congressman Ellison 2.April 4, 2018, Joint Session with Commissions 3.April 9, 2018, Study/Work Session 4.April 9, 2018, Regular Session 5. April 9, 2018, Work Session 6b. LICENSES MECHANICAL Absolute Mechanical LLC 7338 Ohms Lane, Edina All Systems Mechanical 2282 Terminal Rd, Roseville 04/23/18 -2- DRAFT Bedrock HVAC LLC CenterPoint Energy Comfort Solutions Heating & Cooling Cool Air Mechanical, Inc. Corval Constructors, Inc. Ditter Cooling & Heating Dwayne Hems Plumbing and Heating Genz-Ryan Plbg & Htg Co Go Fetsch Mechanical LLC Hoffman Refrigeration & Heating Infinity Heating & Air Conditioning LLC J-Berd Mechanical Contractors, Inc. McDowall Company Metropolitan Mechanical Contractors Quality Refrigeration Ray Welter Htg Co South-Town Refrigeration St. Cloud Refrigeration DBA SCR, Inc. Wenzel Heating & A/C 3208 94th Ave North, Brooklyn Park 6161 Golden Valley Rd, Golden Valley 11 1st St NW, Osseo 1544 134th Ave NE, Ham Lake 1633 Eustis Street, St. Paul 820 Tower Drive, Medina 13140 Basswood LN, Rogers 2200 W Hwy 13, Burnsville 565 Shoreview Park Rd, Shoreview 5660 Memorial Ave N, Stillwater 1017 Meadowwood Dr., Brooklyn Park P0 Box 7308, Saint Cloud P0 Box 606, Waite Park 7450 Flying Cloud Drive, Eden Prairie 6237 Penn Ave 5, #100, Richfield 4637 Chicago Ave 5, Minneapolis 6325 Welcome Ave N #200, Brooklyn Park 604 Lincoln Ave NE, St. Cloud 4145 Old Sibley Mem Hwy, Eagan PUBLIC DANCE Jambo Africa Inc. 1601 Freeway Blvd dba: Jambo Africa Restaurant and Bar RENTAL INITIAL (TYPE III - one-year license) Lynwood Pointe Apartments 6915-25 Humboldt Avenue N Steven Scott Management INITIAL (TYPE II— two-year license) 3614-16 50th Avenue N William George Lang RENEWAL (TYPE III— one-year license) 5529 Aldrich Drive N Betty Scully 7143 France Avenue N Yi LinlKhai Hong Lim Properties 6331 Indiana Avenue N Invitation Homes 7243 Riverdale Road Invitation Homes RENEWAL (TYPE H— two-year license) 509 61st Avenue N 1900 Brookview Drive 5160 Drew Avenue N 6349 Halifax Drive 5518 Irving Avenue N 5321 James Avenue N 4207 Lakeside Avenue, #224 Tim Daniel Invitation Homes Cosco Properties LLC do MSP Home Rental Qjang Kevin Fang Tsongna Yang Ton Vue Marina Feldman 04/23/18 -3- DRAFT 4207 Lakeside Avenue, #226 5814 Pearson Drive 6413 Regent Avenue N 6130 Scott Avenue 6706 Toledo Avenue N 6926 West River Road 6605 Xerxes Place N RENEWAL (TYPE I— three-year license) 422566 th Avenue N 5350 71st Circle 6009 Aldrich Avenue N 5742 Fremont Avenue N 1519 Humboldt Place N 3019 Mumford Road 6242 Scott Avenue N The Beach Condominium Association Invitation Homes Tim Xiong Invitation Homes Stephen Burson Mark Pivec Ryan Bernard Sesan Ogunniran Ali Sajjad/786 Homes LLC Kevin Motarjemi Bruce Alan Goldberg ShoeMiller Properties LLC Morris Matthews Cosco Properties LLC do MSP Home Rental SIGNHANGER Resolution Graphics 3770 Dunlap St. North, Arden Hills Sign Source Inc.7660 Quattro Drive, Chanhassen Signart Company 2933 Mondovi Rd, Eau Claire Signation Sign Group 6840 Shingle Creek Pkwy TRANSIENT ACCOMMODATIONS - LEVEL 1 Best Western Plus 2050 Freeway Blvd Seth Oliver 6300 Earle Brown Dr. Brooklyn Hotel Partners, LLC 6c.RESOLUTION NO. 2018-85 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2018-01,02,03 AND 04, FIREHOUSE PARK AREA STREET, STORM DRAINAGE AND UTILITYIMPROVEMENTS 6d.RESOLUTION NO. 2018-86 DESIGNATING 2018 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES 6e.RESOLUTION NO. 2018-87 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-09, 69TH AVENUE GREEN WAY FENCE REPLACEMENT IMPROVEMENTS 6f.RESOLUTION NO. 2018-88 APPROVING FINAL PLAT FOR MOHS ADDITION Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 04/23/18 -4- DRAFT 7a.PROCLAMATION DECLARING APRIL 27, 2018, TO BE ARBOR DAY AND MAY 2018 TO BE ARBOR MONTH IN BROOKLYN CENTER Mayor Willson read in full a Resolution Declaring April 27, 2018, to be Arbor Day and May 2018 to be Arbor Month in Brooklyn Center. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to accept the proclamation declaring April 27, 2018, to be Arbor Day and May 2018 to be Arbor Month in Brooklyn Center. Mr. Boganey stated there was a donation from the American Legion and the Sons of the American Legion and noted members of the Brooklyn Center Rotary will be planting three to four trees in Centennial Park in this honor. Motion passed unanimously. 7b.RESOLUTION NO. 2018-89 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TWENTY-SIXTH CONSECUTIVE YEAR Mayor Willson read in full a Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twenty-Sixth Consecutive Year. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION No. 2018-89, Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twenty-Sixth Consecutive Year. Motion passed unanimously. 8.PUBLIC HEARINGS - None. 9.PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2018-004, SUBMITTED BY STEPHANIE ALSTEAD OF BWBR, REQUESTING APPROVAL OF A SITE AND BUILDING PLAN FOR A DRY ROOM ADDITION (6800 SHINGLE CREEK PARKWAY) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-004 and advised the Planning Commission recommended approval of the applications at its April 12, 2018 meeting. 9a1. RESOLUTION NO. 2018-90 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018- 04/23/18 -5- DRAFT 004, SUBMITTED BY STEPHANIE ALSTEAD OF BWBR, REQUESTING APPROVAL OF A SITE AND BUILDING PLAN FOR A DRY ROOM ADDITION (6800 SHINGLE CREEK PKWY) Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION No. 2018-90, Approving Planning Commission Application No. 2018-004, Submitted by Stephanie Alstead of BWBR, Requesting Approval of a Site and Building Plan for a Dry Room Addition (6800 Shingle Creek Parkway). Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2018-005, SUBMITTED BY NEAL THAO OF NOBLE ACADEMY, REQUESTING APPROVAL OF A SITE PLAN FOR A PARKING LOT AND DRIVEWAY EXPANSION (6201 NOBLE AVENUE NORTH) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-005 and advised the Planning Commission recommended approval of the applications at its April 12, 2018 meeting. Councilmember Lawrence-Anderson asked how they plan enforce the drive thru lane to only be for buses. Ms. McIntosh stated signage will need to be posted to state just that. Mr. Boganey asked applicant and Superintendent Neo Thao what the name of the school means. Mr. Thao stated it means "Nom Pang" in Umong, and it helps distinguish between the two schools. Mayor Willson stated Brooklyn Center Alliance for Youth is putting together their annual survey and he will suggest that they reach out to Mr. Thao to see if his two schools would like to participate in that. Mr. Thao responded that would be great. Councilmember Ryan asked how many students they anticipate enrolling at the new school. Mr. Thao stated if all the classes are full, there will be about 530 students and they will have 10-12 buses. 9b1. RESOLUTION NO. 2018-91 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018- 005, SUBMITTED BY NEAL THAO OF NOBLE ACADEMY, REQUESTING SITE PLAN APPROVAL FOR A PARKING LOT AND DRIVEWAY EXPANSION (6201 NOBLE AVENUE NORTH) Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION No. 2018-91, Approving Planning Commission Application No. 2018-005, Submitted by Neal Thao of Noble Academy, Requesting Site Plan Approval for a Parking Lot and Driveway Expansion (6201 Noble Avenue North). 04/23/18 -6- DRAFT Motion passed unanimously. 10.COUNCIL CONSIDERATION ITEMS - None. 11.COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • April 16, 2018: Board of Appeal and Equalization Meeting • April 28,2018: Annual Police Citizen Award Ceremony • April 19, 2018: Metro City Police • April 22, 2018: Annual Cleanup for the parks was cancelled due to the snow but bags and gloves were provided to cleanup when you are able • April 24, 2018: MAC Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • April 22, 2018: Park Clean up in Orchard Park • April 24,2018: MAC Meeting Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • April 16, 2018: Board of Appeal and Equalization Meeting • April 17,2018: Police Citizen Award Ceremony • April 20, 2018: Spoke on a panel for Patrick Henry Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • April 12, 2018: FBI Academy Acceptance and First Meeting • April 16, 2018: Board of Appeal and Equalization Meeting • April 13, 2018: City Manager Meeting • April 18, 2018: Brooklyn Bridge Alliance for Youth Board Meeting • April 19, 2018: Second FBI Academy Meeting • April 21, 2018: Eagle Scout Court of Honor for Michael Richard Johnson • April 23, 2018: Emancipation March 12. ADJOURNMENT Councilmember Graves moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:46 p.m. Motion passed unanimously. 04/23/18 -7- DRAFT City Council Agenda Item No. 6b [SII1lI[iJ I U U ak'A S I kA (I) 1I I1,J I DATE: May 8, 2018 TO: Curt Boganey, City Mana THROUGH: Reggie Edwards, Deputy City Manager FROM: Rozlyn Tousignant, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on May 14, 2018. 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. AMUSEMENT DEVICE Metro Coin of Minnesota, Inc. FIREWORKS PERMANENT American Promotional Events dba: TNT Fireworks American Promotional Events dba: TNT Fireworks MECHANICAL C & M Heating & Air Conditioning Centraire Htg & A/C, Inc. DJ's Heating & Air Cond Do Pham Inc. Easco Plumbing & Heating Harris Companies Louis DeGidio Services, Inc. McChesney Heating & Air Modern Heating & A/C The McBride Company Inc dba: Metro Air Yale Mechanical 6301 Shingle Creek Parkway 3245 Co Rd No 10 6100 Shingle Creek Parkway 13862 Wintergreen Street, Andover, MN 55304 7402 Washington Ave 5, Eden Prairie, MN 55344 6060 LaBeaux Ave NE, Albertville, MN 55301 3455 124th Cir. NE, Blaine, MN 55449 7965 Pioneer Trail, Loretto, MN 55357 909 Montreal Circle, St. Paul, MN 55102 21033 Heron Way, Lakeville, MN 55044 8201 175th Ave SE, Becker, MN 55308 2318 First Street NE, Minneapolis, MN 55418 16980 Welcome Ave, Prior Lake, MN 55372 220 W. 81st Street, Bloomington, MN 55420 Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment [EIilJ[iJ Ifl II ak thYA (I] 1Ah1 P1IJ I MOTOR VEHICLE DEALERSHIP BB Motor Sales, LLC dba: Luther Brookdale Chevrolet BB Motor Sales, LLC dba: Luther Brookdale Buick GMC BCV Motors, LLC dba: Luther Brookdale Volkswagen Brooklyn Park Motors, Inc. dba: Luther Brookdale Toyota 6701 Brooklyn Blvd 4301 68th Ave N 6801 Brooklyn Blvd 6700 Brooklyn Blvd Metro Brookdale LLC 7235 Brooklyn Blvd dba: Luther Brookdale Mazda Mitsubishi R.L. Brookdale Motors, Inc. dba: Luther Brookdale Honda RENTAL See attached report. SIGN HANGER Archetype Sign Makers SDDI Sign Systems 6800 Brooklyn Blvd 9635 Girard Ave 5, Bloomington, MN 55431 17125 Adelmann St SE, Prior Lake, MN 55372 TRANSIENT ACCOMMODATIONS - LEVEL 1 Country Inn & Suites 2550 Freeway Blvd DoubleTree by Hilton Minneapolis North 2200 Freeway Blvd Our Vision: lYe envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment [i[I1IJ[iJ I U U Mh'A L'A I ak'A (I] IWI 111Jh'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 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 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 Budget Issues: There are no budget issues to consider. Our Vision: JVe envision Brooklyn Center as a thriving, diverse community , with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and coininitnient to a healthy environment 2 -DCD4-,In CD.0 -D C10 CD0 CD In 0'•I- In Co0 04-, CD .0 Co0 0.0.10 4-,0C CD CO InCDInCCD 1.) -J Co4-IC >- c0 InCDInCCD0 -J CO CDCCD 12 CD0 CD LI) 0U- In CoC) V)U-U * - >-= 1-1 W CD 100. ' CD CO 4-CD CO>- N II CO-- 0 >- C CD0.>-4-I CDInC (I) In _0 CD >Q. CD 0 CDIn 4-, InC bb CD 1CO CDIn 0. C>- CDF- .Y CD-11)10 OC InCi)x104-I >- CD0. 0 0. 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Cote, P.E., Director of Public Works FROM: Mike Albers, P.E., City Engineer SUBJECT: Resolution Authorizing Execution of Professional Services Agreement, Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the resolution authorizing execution of a Professional Services Agreement for the Firehouse Park Area Street and Utility Improvements, Project Nos. 2018-01, 02, 03 and 04. Background: On December 11, 2017, the City Council ordered the improvements and directed staff to prepare plans and specifications for the Firehouse Park Area Street and Utility Improvements, Project Nos. 2018-01, 02, 03 and 04. On April 23, 2018, the City Council awarded a contract to Ryan Contracting Company to construct the improvements. City staff solicited a proposal from Loucks Associates to complete the construction surveying services for the project. Loucks Associates is recommended to provide the needed professional services and is available to start immediately to proceed with the construction surveying work. Budget Issues: The Firehouse Park Area Street and Utility Improvements is identified in the City's Capital Improvement Program for 2018. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on November 13, 2017. The total estimated budget including construction costs, contingencies, administration, engineering and legal is $10,491,396.97. The contract with Loucks Associates for the construction surveying services amounts to $125,000. Strategic Priorities: Key Transportation Investments Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. Ii is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a health)' environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 2018-01, 02, 03 AND 04, FIREHOUSE PARK AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, the City's Capital Improvement Program identifies the Firehouse Park Area neighborhood to be reconstructed in 2018; and WHEREAS, the Brooklyn Center City Council, by Resolution No. 2017-69, directed the preparation of a feasibility report regarding proposed improvements to the streets, storm drainage system and public utilities in the Firehouse Park Area neighborhood; and WHEREAS, the Brooklyn Center City Council, by Resolution No. 2017-204, ordered improvement Project Nos. 2018-01, 02, 03 and 04, and authorized the preparation of plans and specifications for the Firehouse Park Area Street and Utility Improvements; and WHEREAS, a professional services agreement has been negotiated with Loucks Associates to provide the professional services needed to perform the construction surveying services on said project. 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 an agreement with Loucks Associates in the amount of $125,000 to provide professional services for the Firehouse Park Area Street and Utility Improvements. May 14, 2018 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. PROFESSIONAL SERVICES AGREEMENT This Agreement is made on the 14jj day of May, 2018, between the CITY OF BROOKLYN CENTER, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ("City") and LOUCKS ASSOCIATES, 7200 Hemlock Lane, Suite 300, Maple Grove, MN 55369 ("Consultant"). Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional engineering services by the Consultant for the City. The City and Consultant agree as follows: Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Scope of Work. Consultant agrees to use the City's standard specifications in any bidding documents prepared under this Agreement. The requirements of this section may be waived by the City if the City Engineer determines that they are not necessary for the successful completion of the project. Consultants requesting a requirement to be waived must have written authorization from the City Engineer. 2.Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the prescribed days from the date of the contract award. Any changes in this schedule must be approved in writing by the City. 3.Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A, attached and made a part of this Agreement and may be amended from time to time by mutual agreement by City and Consultant. 4.Method of Payment. The Consultant must submit itemized bills for services provided to the City on a monthly basis. Bills submitted will be paid in the same manner as other claims made to the City. For work reimbursed on an hourly basis, the Consultant must indicate for each employee, his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the original contracted amount ($125,000), the current requested amount and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. 5.Audit Disclosure. The Consultant must allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Professional Services Agreement Page 2 Any reports, information, data, etc. given to, or prepared or assembled by the Consultant, under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 6.Term. The term of this Agreement will be from April 24, 2018, through final project closeout by the City Council and receipt of all Consultant deliverables, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 7.Termination. This Agreement may be terminated by City by seven (7) day's written notice to Consultant delivered to the address written above. Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. 8.Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 9.Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10.Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11.Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein will be honored by the City. 12.Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 13.Entire Agreement. The entire Agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions or waivers of the provisions of this Professional Services Agreement Page 3 Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14.Compliance with Laws and Regulations. In providing services hereunder, the Consultant must abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15.Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. The Consultant must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 16.Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17.Indemnification. The Consultant must indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses and expenses, including but not limited to attorney's fees which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his or her employees or anyone else for whom he or she is legally responsible in the performance of this Agreement. 18. Insurance. During the term of this Agreement, Consultant must maintain a general liability insurance policy with limits of $1,500,000 for each occurrence and $2,000,000 aggregate, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as for general liability. A certificate of insurance on the City's approved form which verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. Professional Services Agreement Page 4 19.Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 20.Whole Agreement. This Agreement embodies the entire Agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. CITY OF BROOKLYN CENTER LOUCKS ASSOCIATES By: By: Tim Willson, Mayor Date: Its: Contracts Officer Date: By: Cornelius Boganey, City Manager Date: City Council Agenda Item No. 6d [EI1IJ[IRV *!AIk'A I VhY4 [I) 1WI IBJhYA I DATE: May 8, 2018 TO: Curt Boganey, City *er THROUGH: Cote, P.E., Director of Public Works FROM: Mike Albers, P.E., City Engineer SUBJECT: Agreements for Brooklyn Boulevard Corridor Project Phase 1: Resolution Approving and Authorizing Execution of Cooperative Construction Agreement for Brooklyn Boulevard Reconstruction and Streetscape Improvements, South of 49th Avenue to North of Bass Lake Road (CSAH 10), Project No. 2018-05 Between Hennepin County and City of Brooklyn Center Resolution Approving and Authorizing Execution of Cooperative Construction Agreement for Brooklyn Boulevard Reconstruction and Streetscape Improvements, South of 49th Avenue to North of Bass Lake Road (CSAH 10), Project No. 2018-05 Between Minnesota Department of Transportation and City of Brooklyn Center Resolution Approving and Authorizing Execution of Traffic Control Signal Maintenance Agreement No. 1030730 for Intersections at Trunk Highway (TH) 100 at County State Aid Highway (CSAH) No. 152 (Brooklyn Blvd) Between Minnesota Department of Transportation, Hennepin County and City of Brooklyn Center Resolution Approving and Authorizing Execution of Limited Use Permit Agreement for Brooklyn Boulevard Reconstruction and Streetscape Improvements Within State Right-of-Way Between City of Brooklyn Center and Minnesota Department of Transportation Recommendation: It is recommended that the City Council consider approval of the attached resolutions approving and authorizing execution of a Cooperative Construction Agreement with the Hennepin County, a Cooperative Construction Agreement with the Minnesota Department of Transportation (MnDOT), a Traffic Control Signal Maintenance Agreement with MnDOT and Hennepin County and a Limited Use Permit Agreement with MnDOT for the Reconstruction of Brooklyn Boulevard (CSAH 152) from south of 49th Avenue to north of Bass Lake Road (CSAH 10), Improvement Project No 2018-05. Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjOy due to its convenient location and commitment to a healthy environment [EI1IiI1IRli 3h'A L'AI Dk'A (I) WWI IIIMI Background: The City completed the Brooklyn Boulevard Corridor Study in 2013 to guide the reconstruction and redevelopment of this corridor. On May 9, 2016, the City Council directed staff to proceed with the preliminary design, environmental documentation, easement acquisition and final design work for the Brooklyn Boulevard Corridor Project Phase 1 (49th1 Avenue to Bass Lake Road), Project No. 2018-05. This project is scheduled to be constructed in 2018. The proposed reconstruction and streetscape improvements will improve roadway safety, enhance traffic operations, reduce access points and provide improved bicycle and pedestrian facilities for a 1.4-mile segment of CSAH 152 in Brooklyn Center between 49th Avenue and CSAH 10. The project will enhance bicycle and pedestrian travel by adding a trail, improving sidewalks, transit stops, adding streetscaping and landscaping and improving the functionality of intersections with modified turn lanes. Cooperative Construction Agreement with the Hennepin County To memorialize Hennepin County's participation, the County has prepared a Cooperative Construction Agreement that details the cost and maintenance responsibilities of each party (see attached). The agreement specifies that the estimated amount that the County will reimburse the City as its share of the project construction costs is approximately $2.1 million which includes approximately $1.6 million for construction costs, $260,000 for right-of-way costs, $140,000 for utility undergrounding costs and $120,000 for Hennepin County supplied traffic signal equipment and trees. This agreement is typical of past joint Hennepin County partnership projects (e.g. Bass Lake Road Regional Trail and Streetscape Project and County Road 57 Streetscape Project). The City also has a Cooperative Agreement with Hennepin County for cost participation for the preliminary planning, design and construction administration of the Brooklyn Boulevard Reconstruction and Streetscape Improvements up to $809,000. Cooperative Construction Agreement with MnDOT A portion of the project is located within the MnDOT TH 100 right-of-way. MnDOT has prepared a Cooperative Construction Agreement that details the cost and maintenance responsibilities of each party (see attached). All work and inspection will be provided by the City under project contract and will be open to review and inspection by MnDOT. Traffic Control Signal Maintenance Agreement with MnDOT and Hennepin County MnDOT has prepared the attached agreement to provide for the operation and maintenance responsibilities of the signal system at the intersections of TH 100 at CSAH 152 north and south ramps. As part of the proposed agreement, the City will be responsible for the cost and application to secure an adequate power supply to the signal. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the signal system. The City would also be required to relamp and maintain the LED street lights mounted on the signal poles, replace the signal systems LED indication lights, clean the signal systems and lurninaire mast arm extensions and paint and maintain the pedestrian crosswalk markings. These agreement prescriptions are standard and typical for most traffic signal systems throughout the City. Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment I1uJ[I:flliuIk'AUA I k'A[I) iWII1Ik I Limited Use Permit Agreement with MnDOT A portion of the project is located within the MnDOT TH 100 right-of-way. In accordance with MnDOT policy, a limited use permit is required to construct, maintain and operate a sidewalk and trial that fall within State right-of-way. Once constructed, the trail and sidewalk improvements included under this project will remain the responsibility of the City. The attached limited use permit outlines the responsibilities of each party. The conditions of the permit are straight forward, standard and complimentary to City practices that are already in place. The agreements are currently being reviewed by the City Attorney, Hennepin County and MuDOT. It is anticipated that final agreements will be completed and ready for final execution by the end of May. Budget Issues: The Brooklyn Boulevard Corridor Project is identified in the City's Capital Improvement Program (CIP) and the updated preliminary project cost estimate is approximately $15,000,000. Federal funding through the Surface Transportation Program has been awarded to the City and County for this project in the amount of up to $7,420,000 and the remaining project costs are to be funded from local funding as part of the required cost share. The local partnership and proportions are anticipated to include Hennepin County funding, Minneapolis funding, Three Rivers Park District funding and City funding. The Hennepin County share of project costs is estimated at $2.9 million with includes $2.1 million for construction of the project and $809,000 for the design and administration of the project. The Minneapolis share of project costs is estimated at and shall not to exceed $110,000, unless agreed to in writing by Minneapolis. Three Rivers Park District share of project costs is estimated at and shall not to exceed $10,000. Strategic Priorities: Key Transportation Investments Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF COOPERATIVE CONSTRUCTION AGREEMENT FOR BROOKLYN BOULEVARD RECONSTRUCTION AND STREETSCAPE IMPROVEMENTS, SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD (CSAH 10), PROJECT NO. 2018-05 BETWEEN HENNEPIN COUNTY AND CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ("City") and Hennepin County ("County") have been working cooperatively to advance the project to provide streetscape, trail, lighting and general roadway improvements to the Brooklyn Boulevard Corridor from 49th Avenue to north of Bass Lake Road; and WHEREAS, the project is multi-jurisdictional, involving the Minnesota Department of Transportation, Hennepin County, City of Minneapolis, Three Rivers Park District and the City; and WHEREAS, the City received a federal aid grant in the amount of $7,420,000 to participate in the Brooklyn Boulevard Corridor improvements, programmed for 2018 construction; and WHEREAS, the County has designated $3,831,000 as part of the County's Capital Improvement Program to participate in the Brooklyn Boulevard Corridor improvements; and WHEREAS, the City's Capital Improvement Program identifies the Brooklyn Boulevard roadway and streetscape improvements from 49th Avenue to Bass Lake Road to be constructed in 2018; and WHEREAS, preliminary planning and design of the project have commenced with the City taking the lead as the project manager; and WHEREAS, the City and County desire to set forth their various construction, funding, operation and maintenance responsibilities in a Cooperative Construction Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City enter into Hennepin County Agreement No. PW 13-02-18 with Hennepin County for the following purposes: To outline maintenance responsibilities and provide for payment by the County to the City for their shares of the costs of the Brooklyn Boulevard (CSAH 152) Reconstruction and Streetscape Improvements, City Project Number 2018-05, County Project Number 1519. RESOLUTION NO. 2. The provisions of the draft Agreement are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute a final Agreement. May 14, 2018 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF COOPERATIVE CONSTRUCTION AGREEMENT FOR BROOKLYN BOULEVARD RECONSTRUCTION AND STREETSCAPE IMPROVEMENTS, SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD (CSAH 10), PROJECT NO, 2018-05 BETWEEN MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ("City") and Minnesota Department of Transportation ("MnDOT") have been working cooperatively to advance the project to provide streetscape, trail, lighting and general roadway improvements to the Brooklyn Boulevard Corridor from 49th Avenue to north of Bass Lake Road; and WHEREAS, the project is multi-jurisdictional, involving the MnDOT, Hennepin County, City of Minneapolis, Three Rivers Park District and the City; and WHEREAS, the City and MnIDOT desire to set forth their various construction, funding, operation and maintenance responsibilities in a Cooperative Construction Agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brooklyn Center hereby enters into MnDOT Agreement No. 1030538 with the State of Minnesota, Department of Transportation for the following purposes: To allow the construction and require maintenance of County State Aid Highway No. 152 (Brooklyn Boulevard) reconstruction which includes grading, bituminous surfacing, ADA improvements, drainage and signal systems and other associated construction to be performed upon, along and adjacent to County State Aid Highway No. 152 (Brooklyn Boulevard) from 500-feet south of 49th Avenue to 600-feet north of County State Aid Highway No. 10 (Bass Lake Road) according to City-prepared plans, specifications and special provisions designated by the City as and by the State as State Aid Project No. 109-124-001, State Project No. 109-020-013, State Project No. 027-752-032, State Project No. 141-020-118 and State Project No. 2755-105 (T.H. 100=003). NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorized to execute MnDOT Agreement No. 1030538 and any amendments to the Agreement. RESOLUTION NO. May 14,2018 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT NO. 1030730 FOR INTERSECTIONS AT TRUNK HIGHWAY NO. 100 AT COUNTY STATE AID HIGHWAY (CSAH) NO. 152 (BROOKLYN BLVD) BETWEEN MINNESOTA DEPARTMENT OF TRANSPORTATION, HENNEPIN COUNTY AND CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ("City"), Hennepin County ("County') and Minnesota Department of Transportation ("MnDOT") have been working cooperatively to advance the project to provide streetscape, trail, lighting and general roadway improvements to the Brooklyn Boulevard Corridor from 49th Avenue to north of Bass Lake Road; and WHEREAS, MnDOT has requested that the City, Hennepin County and MnDOT enter into an agreement to provide for the construction, operation and maintenance of said traffic control signal system as set forth in Agreement No. 103 073 0. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brooklyn Center hereby enters into MnDOT Agreement No. 1030730 with the State of Minnesota, Department of Transportation for the following purposes: To provide for the operation, maintenance and power of the Traffic Control Signals with Signal Pole Mounted Luminaires, Accessible Pedestrian Signals, Emergency Vehicle Preemption Systems, Signing and Interconnect on the Trunk Highway No. 100 north and south ramps at County State Aid Highway 152 (Brooklyn Boulevard) within the corporate City limits under State Project No. 109-020-013. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorized to execute MnDOT Agreement No. 1030730 and any amendments to the Agreement. May 14, 2018 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF LIMITED USE PERMIT AGREEMENT FOR BROOKLYN BOULEVARD RECONSTRUCTION AND STREETSCAPE IMPROVEMENTS WITHIN STATE RIGHT-OF-WAY BETWEEN CITY OF BROOKLYN CENTER AND MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Brooklyn Center is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Brooklyn Center has approved a plan to construct a pedestrian trail in the right-of way of Trunk Highway 100 to promote the orderly and safe crossing of the highway; and WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brooklyn Center hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a pedestrian trail and sidewalk within the right-of-way of Trunk Highway 100 (TH 100=003) of the State of Minnesota along County State Aid Highway No. 152 (Brooklyn Boulevard). The City of Brooklyn Center shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorized to execute Limited Use Permit No. 2755-0200 and any amendments to the Permit. May 14,2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Agreement No. PW 13-02-18 County Project No. 1519 County State Aid Highway No. 152 City of Brooklyn Center County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of 20 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the County, and the City of Brooklyn Center, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City and County desire4o bring about the reconstruction of County State Aid Highway (CSAH) 152 (Brooklyn Boulevard) from 49th Avenue North to north of CSAH 10 (Bass Lake Road) within the corporate limits of the City, as shown on the plans for City Project Number 2018-05 (County Project Number 1519), hereinafter referred to as the "Project"; and WHEREAS, the Project will improve roadway safety, enhance traffic operations, reduce access points, provide improved bicycle andpedestrian facilities, and provide streetscape and landscaping; and WHEREAS, the City will be the lead agency for the Project and has secured federal funding to partially finance anticipated engineering and construction costs for the Project; and WHEREAS, the City will be responsible for the development of the plans and specifications, right of way acquisition, environmental documentation and construction contract administration for the Project; and WHEREAS, the City has entered into a separate agreement with the consulting engineering firm of SRF Consulting Group, Inc. to provide the design and construction engineering, environmental documentation, and right of way acquisition services necessary to construct the Project; and WHEREAS, the City and County have previously entered into County Agreement PW 56-02- 16, dated October 26, 2016, for County cost participation in engineering services necessary to construct the Project; and -1- ( Agreement No. PW 13-02-18 CSAH No. 152; C.P. 1519 WHEREAS, the City has requested that the County approve the plans and specifications for the Project, and the County has indicated its willingness to approve said plans and specifications; and WHEREAS, the City or its agents shall be responsible for administering construction of the Project and has adequate personnel available to perform the construction staking, testing, inspection and development of as-built plans required on the Project; and WHEREAS, the City has prepared an Engineers Estimate of quantities and unit prices for the Project in the sum of Ten Million Six Hundred Forty Five Thousand One Hundred Seventy Four Dollars and Ninety Cents ($10,645,174.90). A copy of said estimate, marked Exhibit "A", is attached hereto and by this reference made a part hereof, and WHEREAS, the County will participate in the costs of The Project as detailed herein; and WHEREAS, the costs for the Project shall be comprised of federal funds, municipal and county state aid funds, and local funds; and WHEREAS, the County has Roadside Enhancement Partnership Program (REPP) funds available and will participate in the costs with REPP funds to bury overhead electrical power lines along the CSAH 152 roadway corridor within thconstruction limits of the Project; and WHEREAS, the City will enter into one or more separate contracts with Xcel Energy to underground overhead electrical power lines along the CSAH 152 roadway corridor; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: The City will advertise for bids for the work and construction of the Project, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law. The contract will include the plans and specifications prepared by the City or its agent, which said plans and specifications are referenced and identified as State Project Number (SP) 109-020-013, SP 141-020-118, SP 027-752-032, Federal Project Number STPF 2718 (101) and approved by the Minnesota Department of Transportation (MnDOT). II -2- Agreement No. PW 13-02-18 CSAH No. 152; C.P. 1519 Prior to beginning construction, the City shall furnish the County with a complete set of County approved plans and specifications for the Project. Upon completion of the Project, the City or its agents shall furnish the County with a complete set of as-built plans certified as to their accuracy by the City's Project engineer. Said as-designed plans, specifications and as-built plans for the Project shall be furnished by the City at no cost to the County. III The City or its agents shall administer the construction contract and perform all required engineering, inspection and testing. All construction and materials sampling and testing for the Project shall be accomplished in accordance with all applicable standards and requirements of the Minnesota Department of Transportation's (MnDOT) State Aid for Local Transportation Division in effect at the time of Contract award. The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. Said permits and approvals shall be obtained prior to the start of any construction and made available to the County upon request. IV The construction of this Project shll be under the supervision and direction of the City Engineer or designated representative. All work for the Project shall be completed in compliance with the County approved plans and specifications. The County's Transportation Project Delivery Department Director and representative staff shall have the right, as the work progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City's engineer and staff at their request to the extent necessary. The County agrees that the, City may make changes in the above referenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The City shall obtain the approval of the County's Transportation Project Delivery Department Director or designated representative on said change orders or supplemental agreements. The County will respond to the City's request for approvals within seven (7) calendar days. V The City or its agents shall acquire all additional right of way, permits and/or easements required for the construction of said Project. The County shall reimburse the City for fifty (50) percent of the final cost of the right of way required to construct the Project. The amount of the County's share in said right of way acquisition costs is estimated to be $266,546.50. -3- Agreement No. PW 13-02-18 CSAH No. 152; C.P. 1519 It is further understood and agreed that any and all County permits required by the Project shall be granted at no cost or expense to the City or its contractors. Upon completion of this Project, all permanent right of way acquired for the County highway included in this Project as provided herein shall be conveyed to the County at no additional cost to the County. VI The County will participate in the costs of the contracted construction work for the Project as set forth in said Exhibit "A". The respective proportionate shares of the pro-rata pay items included in Exhibit "A" shall remain unchanged throughout the life of this Agreement. It is understood that the estimated amount on Page 2 of this Agreement and as shown in Exhibit 'A" is an estimate of the costs for the contracted construction work on the Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the City Engineer's designated representatives shall govern in computing the total final contract construction cost for apportioning the cost of the Project according to the provisions herein. It is further understood and agreed that the final quantities as measured by the City Engineer's designated representatives for contract pay items in which the County is participating shall be subject4o the review and approval by the County. As previously referenced, the Project Will be partially funded with federal funds (federal funding capped at $7,420,000.00, or eights' (80) percent of the cost of federally eligible items, whichever is less). As shown in Exhibit "A", the remaining twenty (20) percent of the cost of federally eligible items shall be split proportionately betweçnthe parties at the agreed upon rate of fifteen (15) percent County, five (5) percent City. Should finaleontract construction costs of federally eligible items be significant enough to exhaust all federal funds available to the Project, the remaining balance of said federally eligible items (afteifederal funds are applied) shall be split proportionately between the parties by dividing the above agreed upon rates by twenty (20) percent; resulting in rates of seventy five (75) percent County, twenty five (25) percent City. As shown in Exhibit "A", the estimated amount that the County will reimburse the City as its proportionate share of the construction costs for the Project is $1,542,771.23, after federal funds are applied. It is understood by the City that the County intends to use County State Aid funds to reimburse the City for the County's share of the Project costs. It is further understood and agreed by the City that the County's cost participation must be eligible for County State Aid funding. Accordingly, it is understood and agreed that the County reserves the right not to make payment to the City for its share of the costs for the Project if any action or inaction of the City causes MnDOT's State Aid Engineer to determine that the County's costs are not eligible for State Aid funding. VII -4- Agreement No. PW 13-02-18 CSAH No. 152;C.P. 1519 After an award by the City to the successful bidder on the Project, the City shall invoice the County for ninety five (95) percent of the estimated county's shares in the contract construction costs for the Project. Payments shall be made to the City by the County for the full amount due stated on the invoice within forty five (45) days of the invoice date. Said estimated County's shares shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. In the event the City Engineer or City staff determines the need to amend the construction contract with a supplemental agreement or change order which results in an increase in the contract amount for the Project, the County hereby agrees to remit within forty five (45) days of notification by the City of said change an amount equal to ninety five (95) percent of the estimated County's shares as documented in the supplemental agreement or change order. The remainder of the County's share in the contract cOnstructioñcosts of the Project, including additional costs resulting from supplemental agreernentsãnd change orders, will be due the City upon acceptance by the City's construction engineer of all the constr6ction work performed by the City's construction contractor and submittal of the City Engineer's final estimate for the Project to the County. Upon final payment to the Project contractor by the City,'ny amount remaining as a balance in the deposit account will be returned to the County, within 45 days, on a proportionate basis based on the County's initial deposit amount and the County's final proportionate share of the Project costs. Likewise, any amount due the City from the County upon final payment by the City shall be paid by the County as its final payment for the constructidhcost'of the Project within forty five (45) days of receipt of an invoice from the City. VIII In conjunction with the Project, the City will enter into one or more separate agreements with Xcel Energy to accomplish the underground relocation of the electrical power lines within the Project limits. It is understood that all work to be performed by Xcel Energy will be done either in conjunction with or prior to the start of the construction activities of the Project. It is understood that as a consequence of the burial of overhead electrical power lines, individual service feeds for the residences and businesses may need to be rewired in a manner to make the service feeds compatible with the newly buried electrical power lines. The City will be responsible to coordinate with Xcel Energy and the affected property owners regarding any individual service feed rewiring that may be required or desired. The County, through its Roadside Enhancement Partnership Program REPP), will participate in a proportionate share of the costs to underground overhead power lines. As set forth in the County's Cost Participation Policy, the County's proportionate share of utility burial costs eligible for this funding source is thirty three (33) percent and may not exceed $330,000.00 per center line mile. The County's estimated share for these costs is $138,310.36 and shall not exceed One Hundred Forty Thousand Dollars and No Cents ($140,000.00). -5- Agreement No. PW 13-02-18 CSAH No. 152;C.P. 1519 Ix The proportionate shares of the various costs the County will pay the City have been identified and set forth in Articles IV through VIII of this Agreement. The estimated amount that County is to pay the City as a result of this Agreement is $1,947,628.09 (construction costs, right of way, and utility burial). The parties acknowledge that the stated amounts are estimates and that the actual payment amounts will be based on actual costs and contract unit prices, as specified elsewhere throughout this Agreement. The City understands and agrees that the County's total participation in the construction, right of way and overhead utility burial relocation costs for the Project shall not exceed Three Million Five Hundred Thousand Dollars and No Cents ($3,500,000.00) without an amendment to this Agreement. X It is understood and agreed that the County will provide and plant bare root "gravelbed" trees within the right of way along CSAH 152 from 49th Ave N to Bass Lake Road in conjunction with construction of the Project "Gravelbed" trees are defined herein as bare root trees delivered from a nursery and installed in an irrigated bed of gravel. During this time, trees dramatically increase their fibrous root volume, which in turn decreases transplant shock and increases survival rates making them particularly suitable for roadway corridors that are heaiily salted during the winter months. In addition, "gravelbed" trees are approximately one quarter the cost of trees which are most commonly planted along roadways. It is understood by the parties hereto that thCOunty has the materials and resources available to complete the "gravelbed" tree planting along the CSAH 152 roadway at a greatly reduced cost. The installation process will be overseen by a County certified arborist. Hennepin County Foresters will work with Sentencing to Service (STS) crews to install the trees which will minimize planting costs. The trees will be maintained and watered for the first two years by the County STS Forestry crew. County certified arborists will pay close attention to the status of the trees during this period and ensure that the proper level of care is given if any tree looks stressed. Any tree that does not survive within the first two years will be replaced by the County. It is understood and agreed by the City that the County STS Forestry crew may request its water tank to be filled at a designated City facility to assist in watering efficiency during the two year maintenance/watering period. The County intends to use "gator bags" for watering the trees and employs a 500 gallon water tank for the watering efforts. It is estimated it will take eight (8) tanks to water the trees planted with the Project one time, and the County STS Forestry crew will water the trees on average six (6) times per season. The City agrees to provide said water for the trees at no cost to the County. It is understood and agreed by the City that the County will provide and plant two hundred and Agreement No. PW 13-02-18 CSAH No. 152; C.P. 1519 forty (240) trees in accordance with the plans within the right of way along CSAH 152 between 49 th Ave North and CSAH 10 (Bass Lake Road) at a cost of one hundred (100) dollars per tree for a total cost of Twenty Four Thousand Dollars and No Cents ($24,000.00). It is further understood and agreed that the City shall reimburse the County for sixty seven (67) percent or Sixteen Thousand Eighty Dollars and No Cents ($16,080.00) as its proportionate share of the costs for the "gravelbed" trees provided and installed by the County. After installation of the "gravelbed" trees by the County, the County will invoice the City for one hundred (100) percent of the City's costs to provide and install the "gravelbed" trees as provided herein. Payment shall be made to the County by the City for the full amount due stated on the invoice within forty five (45) days of the invoice date. XI The County will supply the traffic signal cabinet, controller and control equipment, and video detection equipment (County Supplied Equipment) for the traffic control signal systems installed as part of the Project for those traffic control signal systernQined and maintained by the County. The City shall reimburse the County for its share ofthe County Supplied Equipment as set forth in the Division of Cost Summary contained in Exhibit "A". The estimated total cost for said County Supplied Equipment is One Hundred Sixty Five Thousand Dollars and No Cents ($165,000.00). The estimated cost to the City for said County Supplied Equipment is Fifty Five Thousand Dollars and No Cents ($55,000.00). The County will invoice the City for said County Supplied Equipment. Payment shall be made to the County by the City for the full anitint dité stated on the invoice within forty five (45) days of the invoice date. It is further agreed that said eStimate of the costs of the County Supplied Equipment is an estimate and that the actual quantitiesof equipment, as determined by the County's Transportation Operations Department Director shall govern in computing the total final cost to the City. XII All payments to the City must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the County. The County shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the County, the City shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the respective city. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the -7- Agreement No. PW 13-02-18 CSAH No. 152;C.P. 1519 County. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. XIII It is understood and agreed that upon completion of the Project, all water distribution system components, sanitary sewer systems, concrete sidewalk, bituminous trail, fencing, lighting and all municipal street construction included in said improvement shall be the property of the City and all maintenance, restoration, repair or other work or services required thereafter shall be performed by the City at no expense to the County. It is understood that maintenance of the intersecting municipal streets begins at the back of curb of CSAH 152. Notwithstanding the maintenance responsibilities of the City as specified in the previous paragraph, it is further understood and agreed that upon completion of the Project, all landscaping, grass areas and streetscape as shown in the plans for the Project, shall become the responsibility of the City and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the City at no expense to the County. It is understood and agreed by the parties. that the Cityha11 provide the electrical energy for the operation of the pedestrian and street lighting included in the Project at no expense to the County. The City shall install, cause the installation of, or perpetuate the existence of adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to traffic control signals and integral street lights included in the Project. Further, the City, at its sole cost and expense, shall provide the electrical energy for the Operation of all permanent and temporary traffic control signals and streetlights installed as a part of the"Project, with the exception of System "A" located at CSAH 152 and 49th Avenue North, which shall remain the responsibility of the city of Minneapolis. Upon completion of the Project the County shall, at its own cost and expense, retain ownership and maintenance responsibilitiesfor those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between the outermost curb lines of the County roadways as well as those within the radius return limits of intersecting municipal streets. All other components of the roadway storm sewer drainage system, constructed as a part of this Project including but not limited to all trunk lines, drainage structures, ponds, and storm water treatment structures, shall become the property of the City and shall be maintained by the City. It is understood that maintenance of cross road culverts within County right of way will be the responsibility of the County. It is understood by the parties hereto that the term 'upon completion of the Project' as used in this agreement shall be defined as acceptance by the City's construction engineer of the construction work performed by the City's construction contractor that is to be maintained by the County as specified herein. All questions of maintenance responsibilities that may arise shall be jointly resolved by the City's Director of Public Works and the County's Transportation Operations Department Director. - 8 - Agreement No. PW 13-02-18 CSAH No. 152; C.P. 1519 XIV All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. xv Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. xv' The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees',resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed as part of the Project. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, ipdemiiify, and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed as part of the Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. XVII The City also agrees that any contract let by the City or its agents for the performance of the work on the Project as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an -9- Agreement No. PW 13-02-18 CSAH No. 152; C.P. 1519 independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: 1.Commercial Genera! Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Liability coverages: Limits General Aggregate $2,000,000 Products--Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2.Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,500,000 3. Workers' Compensation and Employer's Liabifity: A.Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B.Employer's Liability - Bodily injury by: Accident - Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee $500,000 4. Professional Liability - Per Claim $1,500,000 Aggregate $2,000,000 It understood and agreed by the parties hereto that the above listed Professional Liability insurance will not be required in any construction contract let by City if the City's Contractor is not required to perform design engineering as part of said construction contract. _10- Agreement No. PW 13-02-18 CSAH No. 152; C.P. 1519 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with said Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XVIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission ç on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or proided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so eñgaged'and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XIX In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the County's Transportation Project Delivery Director or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. -11- Agreement No. PW 13-02-18 CSAH No. 152; C.P. 1519 xx It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto.xx' The whereas clauses are incorporated herein and are hereby made a part of this Agreement. xx" The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (this space left intentionally blank) -12- Agreement No. PW 13-02-18 CSAH No. 152; C.P. 1519 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN CENTER (Seal)By: Mayor Date:______________ And: Manager Date: I -13 - Agreement No. PW 13-02-18 CSAH No. 152; C.P. 1519 COUNTY OF HENNEPIN By: Chair of its County Board Date: And: County Administrator Date: And: Assistant County Administrator, Public Works Date: RECOMMENDED FOR APPROVAL By: Director, Transportation Project Delivery Department Date: RECOMMENDED FOR APPROVAL By: Director, Transportation Operations Department ATTEST: By: Deputy/Clerk of the County Board Date: APPROVED AS TO FORM: By: Assistant County Attorney Date: - APPROVED AS TO EXECUTION: By: Assistant County Attorney ) Date: Date: -14- EXHIBIT A CSAH 152 (BROOKLYN BLVD) PHASE 1 RECONSTRUCTION COUNTY PROJECT NO. 1519 DIVISION OF COST SUMMARY Three River: ParkTOTALFederal Funding Hennepin County Brooklyn Center Minneapolis (8)Metro Transit District Roadway (1)$ 8,742,802.90 $ 6,994242.32 $ 1,311,420.44 $ 437,140.15 $ -$ -$ - Landscaping 1 (2)$ 701,063.00 $ -$ 231,350.79 $ 469712.21 $ -$ -$ - Landscaping 2 (3)$ 337,080.00 $ -$ -$ 337,080.00 $ -$ -$ - Local 1 (51st Ave)$ 91,160.00 $ -$$ 91,160.00 $ -$$ Local 2 (Bc! MT/TRPD)$ 773,069.00 $ -$ -$ 659,909.11 $ -$ 100,419.89 $ 12,740.00 Construction Total $ 10,645,174.90 $ 6,994,242.32 $ 1,542,771.23 $ 1,995,001.47 $ -$ 100,419.89 $ 12,740.00 Right of Way (4)$ 533,093.00 $ -$ 266,546.50 $ 266,546.50 $ -$ -$ - Trees (5)$ 24,000.00 $ -$ 7,920.00 $ 16,080.00 $ .-$ - County Supplied (Traffic Signal)$ 165,000.00 $ -$ 110,000.00 $ 55,000.00 $ -$ -$ -Equipment (6) Utility Undergroundisg (7)$ 419,122.31 $ -$ 138,310,36 $ 280,811.95 $ -$ PROJECT TOTAL $ 11,786,390.21 $ 6,994,242.32 $ 2,065,548.09 $ 2,61?,439.92 .$ -$ 100,419.89 $ 12,740.00 COST PAID BY COUNTY TO $ 1,947,628.09 CITY (9) NOTES: Ill Federal Aid Eligible items. Federal funding capped at $7,420,000.00 or 80% of Federal Aid Eligible items, whichever is less. Is the case of this estimate, 80% controls Remaining 20% is local watch and is split proportionally (based on Hennepin County Cost Participation Policy and unit prices from the 100% Engineer's Estimate). Split equals 15% Hennepin County, 5% Brooklyn Center, which shall remain constantfor the duration of the contract. (2)Landscaping split 33% Hennepin County/67% Brooklyn center. (3)Landscaping 100% Brooklyn Center. (4) Right of may cost shared equally between Hennepin COunty (50%) and Brooklyn Center (50%). (S) Trees split 33% Hennepin County/ 67% Brooklyn Center (6) Traffic signal equipment supplied by Hendepin County includes cabinet/controllers and video detection systems (VDS). Cabinets/controller: estimated cost = $30,000.00 per intersection. VOS estimated cost = $25,000.00 per intersection. Traffic Signal System A (controller + VDS) = $55,000.00 (Cost Spkt: 50% Hennepin County / 50% Brooklyn Center) Traffic Signal System (MnDOT system - no County Supplied Equipment) Traffic Signal System C (M5DOT system - no County'Sppplidd Equipment) Traffic Signal System D (controller + VDS) = $55,000.00 (Cost Split: 50% Hennepin County / 50% Brooklyn Center) Traffic Signal System E (controller + VDS) = $55,000.00 (Cost Split: 100% Hennepin County) 171 County will participate in 33% of utility undergrounding costs through Roadside Enhancement Partnership Program (REPP) funds. Estimate for this work taken from REPP request letter from Brooklyn Center dated 2/27/2010. 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IIIIIIIIIIIOIIIIIIIIHIKIIIIIIIIIIIIIIIIHHIIIIIIIIIIIIIIIIIIIIIIIII I!IIHhIIIIIiillhIIllUKHhIllhIIllIOIilllluIIIIINhiII011HllUIll• IIIGIIHIiiIIOh!IiiiIIIIIIIIiIIHhiHIiIIlIllhIIIIllhIIIIIHIII IIuuuuuIlIIIuIuuuIIuIIIIIIIIIIIIIuuIuIIuIuhuuIuuIluIIIIIuuuIIuuuIuuuI IMENEM • •niiiiii:iiiiiiiiiii:ii:iiiiiiinii:uiiiiii:iiiiiiiiiiiii:IIIIIIiIIIHII 1111111 IIIOIIIOHIIIIIHIII IIIIIIIIIIIIIIHIIIIIIIiiIIIHIHhIINIIIOIIIHIIIiIIIIHhIHhIlHIIIIIIIIHIHIIIIHIIIIIIIIIOIIIIIHIIIIIIIIHIIIIIHIIIIIHIIIIIIIIlIIIIIIlIIIIlIIIIIlIIIIlllHHIIIIHIIIIIIlIIIHlEIHIIIIIIIIIIIIEIHIHIOIIGIHIIIIIHIIIIHhIIIIIIIIIIIIHIIIIIIIIIIIIKIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII •iiiiiiiiiniuii:i:ii::iiieu::ii:i:i:::eiiiiiiiiii •'gIiiIllhIiIiiiiilluINIiUilliiiIHiiiIiiilliiiIiiIIIU MEN lIIIIUhIIIuIIuIIuIIIIIIIIuIIIIIIflhi 1 so on MEN nosoEMEMEma mm 1111111111 I c w.ç L r-m- ii I MnDOT Contract No: 1030538 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And BROOKLYN CENTER COOPERATIVE CONSTRUCTION AGRE EMENT State Project Number (S.P.):2755-105 Trunk Highway Number (T.H.):100003 State Project Number (S.P.):109-020-013 State Project Number (S.P.):027-752-032 City Project Number (C.P.):2018-05 State Aid Project Number (S.A.P.):109-124-001 City Project Number (C.P.):2018-06 State Project Number (S.P.):141-020-118 Federal Project Number:STPF 2718 (101) Lighting System Feed Point No.:H6H Signal System MB" ID:2110148 Signal System "CT' ID:1735649 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ('State") and the City of Brooklyn Center acting through its City Council ('City"). Récitals. 1 The City will perforin grading, bituminous surfacing, ADA improvements, drainage, signal systems, and lighting construction and other associated construction upon, along and adjacent to County State Aid Highway No. 152 (Brooklyn Boulevard) from 500 fee( south of 49" Avenue to 600 feet north of County State Aid Highway No. 10 (Bass Lake Road) according to City-prepared plans, specifications and special provisions designated by the City as CitvProject No. 2018-05 and City project No. 2018-06 and by the State as State Aid Project No. 109-124-001. State Project No. 109-020-013, State Project No. 027-752-032, Stale Project No. 141-020-118, and State Project 1o. 2755-105 (TI-I. 100=003) ("Project"); and 2. The City requests the State allow the reconstruction of County State Aid Highway No. 152 (Brooklyn Boulevard) which includes grading, bituminous surfacing, ADA improvements, drainage, and signal systems on State Right-of-Way and the State is willing to allow said construction; and 3, Agreement No. 1030730 between the State, Brooklyn Center and Hennepin County will address signal system cost and maintenance; and 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the pnirposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Sun'i'al of Terms; Plans; Incorporation of Exhibits 1.1. EfJeclii'e Dale. This Agreement will be effective on the (late the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, Construction svitlii,i State RAV & Maintenance (Cooperative Agreements 3-2016) MnDOT Contract No: 1030538 ( including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 8. Liability; Worker Compensation Claims; Insurance; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure, 1.4. PIous, Specifications, Special Provisions. State-approved City plans, specifications and special provisions designated by the City as City Project No. 2018-05 and City project No. 2018-06 and by the State as State Aid Project No. 109-124-001, State Project No. 109-020-0B, State Project No. 027-752-032, State Project No. 141-020-118, and State Project No. 2755-105 (T.H. 100=003) are on file in the office of the City's Engineer and incorporated into this Agreement by reference ("Project Plans'). 1.5. Exhibits. Exhibit 'A" Drainage Maintenance is attached and incorporated into this Agreement. Exhibit 'A" Limited Use Permit No. 2755-0200 is incorporated by reference. 2. Right-of-Way Use 2.1. Lint/ted Rig/it to Occupy. The State grants to the City (and its contractors and consultants) the right to occupy Trunk Highway Right-of-Way as necessaiy to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the City (or its contractors or consultants) for revoking this right Of occupancy. 2.2. State Access; Siispeuzsioii of Work; Rented/al Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the TrunkHighway Right-of-Way (including the construction being performed on such right-of-way) at any time and without notice to the City or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or-that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may direct the City (and its contractor) to take such mmedia1 measures as the State deems necessary. The State may require the City (and it contractors and consultants) to suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the City (or its contractors oi , consultants) for exercising its rights under this provision. 2.3. Trq.fjic Control; Worker Safp. While the City (and its contractors and consultants) are occupying the State Right-of-Way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://nvw.c1ot.state.mn.us/trafficenworkzone/indeX.html). All City, contractor, and consultant personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats. 2.4. State Ownership of hnprovenients. The State will retain ownership of its Trunk Highway Right-of-Way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by the City's contractor with respect to such improvements (if any) will flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the City's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City's consultants and contractors. -2- Construction within Slate 10W & Maintenance (Cool) Agreements 3-2(116) MnDOT Contract No: 1030538 3. Contract Award and Construction 3.1. Direction, Sup en'ision (111(1 Inspection of construction. A.The contract construction will be under the direction of the City and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreement will be open to inspection by the State District Engineers authorized representatives. The City will give the State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract construction. B.Responsibility for the control of materials for the contract construction will be on the City and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the States current Standard Specifications for Construction. 3.2. Gompielion of Consfruction. The City will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.3. ComlWance wit/i Lou's, Ordinances, Regulations. The City wj ll comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's Trunk Highway Right-of-Way, the City will not require the contractor to follow local ordinances or to obtain local. I5erm its. 4. Right-of-Way; Easements; Permits 4.1. The City will, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State, the City will furnish the State with certified copies of the documents for rights-of-way and easements, construction permits and other permits - and sanctions required for State participation construction covered under this Agreement. 4.2. The City will convey to the Stath by quit 6laim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Higllway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. The City will comply with MinnesOta Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings and depiction of utilities affected by the contract construction. 4.4. The City will submit to the State's Utility Engineer ai original permit application for all utilities owned by the City of Brooklyn Center to be constructed 111)011 and within the Trunk Highway Right-of-Way. Applications for permits will be made 011 State form "Application for Utility Permit on Trunk Highway Right-of-Way" (Form 2525). 4.5. Limited Use Peijizif No. 2755-0200. The City will obtain, throughtile District's Right-of-Way Area Manager, a Limited Use Permit to cover the City's liability responsibilities of the trail, community entrance monument, concrete maintenance strips, planter walls, bollards, and flag poles along Brooklyn Boulevard, Lilac Drive North, and the Trunk Highway No. 100 ramps to be constructed upon the State Right-of-Way. 5. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 5.1. Roadu'aps. Maintenance of Lilac Drive North, Brooklyn Boulevard, and Brooklyn Boulevard Service Road, Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities according to accepted City maintenance practices. -3- Construction within Slate RI\\T & Maintenance (Cooperative Agreements 3-2016) MnDOT Contract No: 1030538 5.2. Storm Seu'ers. Routine maintenance of any storm sewer facilities construction. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from grates and catch basins and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, or sedimentation, this also includes informing the District Maintenance Engineer of any needed repairs. Exhibit 'A" Drainage Maintenance will address State and City maintenance responsibilities. 5.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to the State. 5.4. Sidenalks. Maintenance and ownership of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any) and any other maintenance activities necessary to Perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. The State will maintain crosswalks at lamps which intersect with City toads. Exhibit "A" Limited Use Permit No. 2755-0200 will address a portion of the sidewalk maintenance. 5.5. Trails. Maintenance of any trail construction. Maintenance includes, but is not limited to, sweeping and debris removal, patching, crack repair, pavement replacement, vegetation control, Signing, pavement markings, and any other maintenance activities necessary to perpetuate the bikeways and shared use paths in a safe and usable condition. Exhibit "A" Limited Use Permit No. 27550200 will address a portion of the trail maintenance. 5.6. Landscaping. Maintenance of shrubs, perennials including but not limited to deciduous, ornamental, and existing trees located in the southwest quadrant of Brooklyn Boulevard and Lilac Drive. The City will own, maintain, and remove any deceased trees or planting as necessary. Exhibit "A" Limited Use Permit No. 2755-0200 will address a portion of the landscaping maintenance. 5.7. Additional Drainage. Neither patty to this Agreement will drain any additional drainage volume into the stonn sewer facilities constructed tinder the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 6.Authoiized Representatives Each party's Authorized Reprosentativ cis responsible for administering this Agreement and is authorized to gi\'e and receive any notice or demand required or pennittecl by this Agreement. 6,1. The State's Authorized Representative will be: Name/Title: Matyanne Kel ly-Sonnek, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: nlalyanne.kellysonnek@state.mn . us 6.2. The City's Authorized Representative will be: Name/Title: Mark Albers, City Engineer (or successor) Address: 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 Telephone: (763) 569-3494 E-Mail: malbersci.hi'ooklyn-center.mn.LIS 7.Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. -4- Construction within State RAV & Maintenance (Cooperative Agreements 3-2016) MuDOT Contract No: 1030538 7.2. Amendments, Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Gomnpiete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarchng this Agreement, whether written or oral, may be used to bind either party. B. Liability; Worker Compensation Claims; Insurance 8.1. Each party is responsible for its own acts, Omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any Claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the City's contractor(s) or consultant(s) or by a third party becaUse of an act or omission by the City or its contractor(s) or consultant(s). 8.2. Each party is responsible for its own employees for ail), claims arising under tIme Workers Compensation Act. 8.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the City's contractor. 9.Nondiscrimination Provisions of Minnesota Statutes § 181 .59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10.State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, fora minimum of six years from the end of this Agreement. 11.Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 12.Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent juriscli ction in Ramsey County, Minnesota. 13. Termination; Suspension 13.1. B)' Mutnu/Agreeniemit. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 13.2. Tem'niiiiation fin' Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at Construction within State RAY & Maintenance (Cooperative Agreements 3-2016) MnDOT Contract No: 1030538 a level sufficient to allow for the payment or the provision of the services covered here. Termination must be by written or fax notice to the City. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 13,3. Suspension. in the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance and payments authorized through this Agreement. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in pefoiniance), if such failure or delay is clue to a force maj cure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health enlergencies. [The remainder of this page has been intentionally left blank] \•• -6- Construction within State P.1W & Maintenance (Cooperative Agreements 3-2016) MnDOT Contract No: 1030538 CITY OF BROOKLYN PARK DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval:executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (District Engineer) By: Date: Title:Approved: Date: By: (State Design Engineer) By: Date: Title: Date: COMMISSIONER OF ADMINISTRATION - By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -7- Construction within State R/W & Maintenance (Cooperative Agreements 3-2016) 2NII HiY,) Th Ik-J -A Ld co / El G z JV) F-F- F') 0< <c_J z-' uJ CF: 0.j o uOF- 0 UJ00 Ui& JUiX0 U)ow000ow 00U)UUU, \ I CO ej p ( N N C.) <0 LU<0 LU0>oo L5o I-ZU00 LU <00ow 0 0 0W U 0 U US.)) I - g —------'—"-' / 1' / p N I I MO E !/ j u)I I -__J / HL< S cok " I 0. :wr) : •=S . : - ('4 5)) :.•.::: -I r.... . .'5) ••s—;:I..•;••::L''::L:.v.......:O> 'sr I ' •-•••'••-•S ----•-•••••-.•. ____ S -'..-.-S . • .•-•• S - 0LL) z55-1 o ••-• -o <S I..••5 .j • •- iI-—i '...'.....-....s--..-.-s....>-. z S I5_S :.:'. Z _J O) >I <z ::::::::::::::::::;::::;.:• 0 8•.:-..w "r T:..:.t::::::s. ::.:. LL)•'. . : ••-: ::.::1 •:::::::::::::::1:::.::::•w L:. :i:0 :::.:::••••• •-••z -::.':- C) ::::::::::::: .::5 •::::::i::::::::::::• LLJ•Z W :::::.::.I:::: • :5: • S::::.::::::::::::.::;::::::::S ::::::::::::.UJWo .<•: ::.::::::: S Zz.5—---<>-w —S 'S • S •Z_j 5))5 •'uJ cS<'55" 8 - "5) •..::::::.. •:.....s:.:..n..00 LL •w<o :S 5 isji: 5_i L]J•- —I-- 5..U i -S 0 CL )9 8 0313 55555 .5.5'.5' ' '' ' • • j)''555) 05)5) H : I 5) 2 I MnIDOT Contract No: 1030730 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF BROOKLYN CENTER And HENNEPIN COUNTY TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT Control Section (C.S.): State Project Number (S.P.): Trunk Highway Number (T.H.): State Aid Project Number (S.A.P.): Federal Project Number: Signal System "B" ID: Signal System "C" ID: 2755 109-020-013 100=003 109-024-001 STPF 2718(101) 2110148 1735649 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State') and the City of Brooklyn Center acting through its City Council ("City") and Hennepin County acting through its Board of Commissioners ("County"). Recitals<, The City, County, and the State wish to define their respective operation and maintenance responsibilities for the traffic control signals with signal pole mounted luminaires, Accessible Pedestrian Signals ("APS") and signing ("Signal Systems") and Emergency Vehicle Pre-emption Systems ('EVP Systems"), on the Trunk Highway No. 100 south ramp at County State Aid Highway (C.S.A.H.) 152 (Brooklyn Boulevard), and on the Trunk Highway No. 100 north ramp at C.S.A.H. 152 (Brooklyn Boulevard); and the Interconnect on C.S.A.H. 152 (Brooklyn Boulevard) from the Trunk Highway No. 100 south ramp to the Trunk Highway No. 100 north ramp in the City of Brooklyn Center, j{nnepin County, Minnesota; and A separate agreement between the State and the City of Brooklyn Center will address cooperative construction cost responsibilities; and Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 5. Liability; Worker Compensation Claims; Insurance; 7. State Audits; 8. Government Data Practices; 9. Governing Law; Jurisdiction; Venue; and 11. Force Majeure. The terms and conditions set forth in Article 2. Signal Systems and EVP Systems Operation and Maintenance may be terminated by another Agreement between the parties. -1- 3 Party Signal Reimbursable Maintenance (Cooperative Agreements) MnDOT Contract No: 1030730 2. Signal Systems and EVP Systems Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal Systems and EVP Systems on the T.H. 100 south ramp at C.S.A.H. 152 (Brooklyn Boulevard) (Signal System "B), and on the T.H. 100 north ramp at C.S.A.H. 152 (Brooklyn Boulevard) (Signal System "C"), and for the Interconnect on C.S.A.H. 152 (Brooklyn Boulevard) from the T.H. 100 south ramp to the T.H. 100 north ramp. 2.1. City Responsibilities. A.Power. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pads or poles and will pay all monthly electrical service expenses necessary to operate the Signal Systems, EVP Systems, and Interconnect. B.Minor Signal Spsten, Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. 2.2. County Responsibilities. A.Interconnect; Other Maintenance. The County will maintai6 the Interconnect, including pigtails to the MnDOT cabinets. B.Minor Signal System Maintenance. The County will provide for the following, without cost to the State. i.Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of.çlife per the MuDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. ii.Clean the Signal Systems and luminaire mast-Arm extensions. iii. Paint and maintain the C.S.A.H. 152 (Brooklyn Boulevard) pedestrian crosswalk markings. 2.3. State Responsibilities Operation and maintenance activities coveted below are the responsibility of the State and will be performed by theSate. State's payment is subject to an encumbrance of funds for signal operation and maintenance work. A.Interconnect; Timing; Other M\ainteAance. The State will maintain the signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance. All Signal System timing will be determined by the Stàt. B.EVP System(s) Operation. The EVP System(s) will be installed, operated, maintained, and removed according to the following conditions and requirements: i.All maintenance of the EVP System(s) will be done by State forces. ii.Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City or County will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii.Malfunction of the EVP System(s) must be reported to the State immediately. iv.In the event the EVP System(s) or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City or County receives written notice from the State, the State may remove the EVP System(s). Upon removal of the EVP System(s) pursuant to this Paragraph, all of its parts and components become the property of the State. -2- 3 Party Signal Reimbursable Maintenance (Cooperative Agreements) MnDOT Contract No: 1030730 v. All timing of the EVP System(s) will be determined by the State. 2.4. Right-of- Wa j' Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 2.5. RelatedAgieements. This Agreement will supersede and terminate Agreement No. 87808R, dated August 9, 2005, between the parties. 3.Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 3.1. The State's Authorized Representative will be: Name/Title: Greg Kern, MnDOT Metropolitan District Traffic Engineering (or successor) Address: 1500 County Road B2 West, Roseville, MN 55113 Telephone: (651) 234-7877 E-Mail: gregory.kernstate.rnn.us 3.2. The City's Autho rized Representative will be: Name/Title: Mike Albers, City Engineer (or successor) Address: 6301 Shingle Creek Parkway, Brooklyn Center, MN 5543Q Telephone: (763) 569-3326 Fax: (763) 569-3494 E-Mail: malbersci.brooklyn-center.mn.us 3.3. The County's Authorized Representative will be: Name/Title: Nathan Ellingson, Hennepin County Transportation (or successor) Address: 1600 Prairie Drive, Medina, MN 55340 Telephone: (612) 596-0375 Fax: (612)321-3410 E-Mail: nathan.elingson@heimepin.us 4.Assignment; Amendments; Waiver; Contract Complete 4.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 4.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 4.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 4.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the City and County. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. S. Liability; Worker Compensation Claims; Insurance 5.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and County. -3- 3 Party Signal Reimbursable Maintenance (Cooperative Agreements) MnDOT Contract No: 1030730 5.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 6.Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 7.State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City and County's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 8.Government Data Practices The City, County, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City or County under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City, County or the State. 9.Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10.Termination; Suspension 10.1. Bp MutuuilAgreernent. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 10.2. Termination for Insufficient Fuizullug. The State may immediately terminate this Agreement if it does not obtain funding from the MinnesQta Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City or County. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City or County will be entitled to payment, determined on a pro rMa basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 10.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment. 11.Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -4- 3 Party Signal Reimbursable Maintenance (Cooperative Agreements) MnDOT Contract No: 1030730 CITY OF BROOKLYN CENTER The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Date: By: Title: Date: MnDOT Contract No: 1030730 HENNEPIN COUNTY DEPARTMENT OF The undersigned certify that they have lawfully TRANSPORTATION executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances.Recommended for Approval: Approved:By: By (District Engineer) (Chair of County Board)Dat Date: And: (County Administrator)Dat Approved: And: (Assistant County Administrator,Dat(By: Public Works) Approved as to form:(State Design Engineer) By:Date: (Assistant County Attorney)Dat(,, Approved as to execution: By: (Assistant County Attorney)0 COMMISSIONER OF Attest ADMINISTRATION by: Deputy/Clerkpf County Board)U Recommended for Approval:By. (With delegated authority) By (Director, Transportation Dat(Date: Department and County Engineer) INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -2- STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C. S. 2755 (T. H. 100) County of Hennepin LUP # 2755-0200 Permittee: City of Brooklyn Center Terminates: 02/16/2028 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City of Brooklyn Center, ("Permittee"), to use the area within the right of way of Trunk Highway No. 100 as shown in red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Recreational Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized recreational trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. In addition, the following special provisions shall apply: SPECIAL PROVISIONS TERM. This LUP terminates at 11:59PM on 02/16/2028 ("Expiration Date") subject to the right of cancellation by Mn DOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT's sole determination, LUP — Standardized LUP Form Page 1 of 6 LU1001 5/8/2018 modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee's use of the Facility and Area for the additional term. If Permittee's written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will: (a)Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b)Surrender possession of the Area to MnDOT. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by Mn DOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. LUP - Standardized LUP Form Page 2 of 6 LU1001 5/812018 The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. C I IC't #f-.4 ,-.r-.4 ,4 k fA.-r\,ThT ,r noU. UOJ. LJLIII II II I JI ILIIku I ILl approveu y , mQnel IL no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act ("ADA"). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT's invoice. LUP —Standardized LUP Form Page 3 of 6 LUI001 5/8/2018 7.CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federallyassisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8.SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is-' 4 4k.- -4-k 41-. .-; ,-. public ,-1 Facilitygranted, so s ICJlILaII! 0 the 1n, u k ii and i aIIILy 115I 5. 9.ASSIGNMENT. No assignment of this LUP is allowed. 10.IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11.ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12.MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: and to MnDOT at: City of Brooklyn Center State of Minnesota City Hall Department of Transportation LUP - Standardized LUP Form Page 4 016 LU1001 5/812018 6301 Shingle Creek Pkwy Metro District Right of Way Brooklyn Center, MN 55430 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except those arising directly from a negligent act or omission of the State of Minnesota; (b)claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c)claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d)any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e)any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility; and (f) nothing herein shall be interpreted as a limitation on any immunity provided under Minnesota Statutes, Chapter 466, or common law. LUP - Standardized LUP Form Page 5 of 6 LU1 001 5/8/2018 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL By: District Engineer Date APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. CITY OF BROOKLYN CENTER By Its Mayor And Its City Administrator LUP — Standardized LUP Form Page 6 of 6 LU1001 51812018 -M 10 0<Ui Uiz o JUi C C z zc co 5- 0= I.I o-0 00 o 030.LI. I- .... ('1 U)I-(3 <II)U 1 mu I.IIII 1 r iLi: .i Iti : l• Fl ;. Im 41Ij I !i1i1 lilt • 11111!. 0G iIir 'llti . . . . . . . S S :;.. .. a ..-::.:::::::::::::: :.:::. .: ::::.:::::.:..:.: ::::.:OOO+1.t'i.A i ::::::::::!.::::::4::::.::. t983 S •S -uOI!9fliJ.SNO3 . . . . -.., S S S S S S 0 . co r I N U)0 Z U) z - >J ]JZ zy1-, 50, VP / - ,\ clI> Z (1/UI J- -xI— 0- 01 ca 0 tf / < \\\ j C)I g - <cr10, ()-l---<_J zw -wo _J uJ0 00)>0z00WC U. -()I— 0 M w 01 wOW <(00) Q'OS+(( 0001)cr I-00 l-1 (0U)U)(0 .m, 0ocrI)w Z 0 .Jw 0,C) Z o >- < I>- 0 0, 0o -JO) Io (0o,a 0000 o ocr o 0, 0, 01 I- o en(-I 1W City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: May 8, 2018 TO: Curt Boganey, City *er FROM: 4" ,r wote, P.E., Director of Public Works SUBJECT: Resolution Authorizing Execution of Joint Powers Agreement with National Cooperative Purchasing Alliance Recommendation: It is recommended that the City Council consider approval of a resolution authorizing execution of a Joint Powers Agreement with National Cooperative Purchasing Alliance (NCPA). Background: NCPA is a leading national government purchasing cooperative working to reduce the cost of goods and services by leveraging the purchasing power of public agencies in all 50 states. NCPA utilizes state of the art procurement resources and solutions that result in cooperative purchasing contracts that ensure all public agencies are receiving products and services of the highest quality at the lowest prices. NCPA works with a lead public agency who competitively solicits master contracts. Contracts are based on quality, performance, and most importantly pricing. These contracts are established using the following process: • The Lead Agency issues a competitive solicitation for a product or service on behalf of NCPA and all public agencies. • The solicitation is advertised nationally for a minimum of 30 days. • The solicitation contains language that allows the contract to be accessible nationally to public agencies in states whose laws allow for intergovernmental contract use (also known as "piggybacking" or "adopting"). • Vendors respond to the solicitation with sealed responses that are recorded and publicly opened. • The Lead Agency evaluates the responses based on "Identified Evaluation Criteria" and awards contracts. There are over 90,000 agencies nationwide from both the public and nonprofit sectors that are eligible to utilize NCPA's cooperative purchasing contracts. These include, but are not limited to the following agency types: • School Districts (including K-12, Charter schools, and Private K-12) • Higher Education (including Universities, Community Colleges, Private Colleges and Technical/Vocational Schools) • Cities, Counties and any Local Government • State Agencies Healthcare Organizations Church/Religious/Nonprofit Federal Our Vision: We envision Brooklyn Center as a thriving, diverse community with aftill range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Items to be purchased from NCPA will be evaluated for quality, performance and pricing and will be compared to other available joint purchasing organizations, State of Minnesota and Hennepin County contracts and vendor proposals. Strategic Priorities: o Resident Economic Stability Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. Itis a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT WITH NATIONAL COOPERATIVE PURCHASING ALLIANCE WHEREAS, National Cooperative Purchasing Alliance (NCPA) works with a lead public agency who competitively solicits master contracts and contracts are based on quality, performance and most importantly pricing; and WHEREAS, the Lead Agency issues a competitive solicitation for a product or service on behalf of NCPA and all public agencies; and WHEREAS, the solicitation is advertised nationally for a minimum of 30 days; and WHEREAS, the solicitation contains language that allows the contract to be accessible nationally to public agencies in states whose laws allow for intergovernmental contract use. 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 for and on behalf of the City of Brooklyn Center to execute and enter into Joint Powers Agreement with National Cooperative Purchasing Alliance. May 14, 2018 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. 4/23/2018 NCPA- National Cooperative Purchasing Alliance: Master Intergovernmental Cooperative Purchasing Agreement National Cooperative Pordiasirig Alliance Master Intergovernmental Cooperative Purchasing Agreement This agreement is made between a government agency that executes a Lead Agency Certificate ("Lead Agency") to be appended and made a part hereof and other public agencies ("Participating Public Agencies") that register electronically with National Cooperative Purchasing Alliance ("NCPA") or otherwise execute a Participating Public Agency Certificate to be appended and made a part hereof. Recitals WHEREAS, after a competitive solicitation and selection process by Lead Agency, in compliance with their own policies, procedures, rules and regulations, a number of Vendors have entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein "Products"); WHEREAS, Master Agreements are made available by Lead Agency through NCPA and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Lead Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to result, the parties agree as follows: 1.That each party will facilitate the cooperative procurement of Products. 2.That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. 3.That the cooperative use of bids obtained by a party to this agreement shall be in accordance with the terms and conditions of the bid, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4.That the Lead Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the procurement of products by the Participating Public Agencies. 5.That a procuring party will make timely payments to the Vendor for Products received in accordance with the terms and conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. 6.The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The procuring party shall be responsible for the ordering of Products under this agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-procuring party harmless from any liability that may arise from action or inaction of the procuring party. http://ncpa.us/Page/MlCPTerms 1/2 4/23/2018 NCPA - National Cooperative Purchasing Alliance : Master Intergovernmental Cooperative Purchasing Agreement 8.This agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 5, 6 and 7 hereof shall survive any such termination. 9.This agreement shall take effect after execution of the Lead Agency Certificate or Participating Public Agency Registration, as applicable. http:llncpa.0 s/Page/MlCPTerms 2/2 City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: April 26, 2018 TO: Curt Boganey, City THROUGH: Reggie Edwards, Deputy City Man- FROM: Kelli Wick, Human Resources Director SUBJECT: Resolution Amending the City's Personnel Rules and Regulations Recommendation: It is recommended that the City Council consider adoption of the resolution amending the City's Personnel Rules and Regulations Background: The Personnel Rules and Regulations were last updated November 2005. Updates were made periodically to remain in compliance with State Statute; however, the manual was in need of review and update to most sections. Attached is a copy of the updated version, as well as, the old 2005 version. The attached old 2005 version has been marked up (i.e. underline means additions and strikes means deletions) to show the changes between the updated version and the old version. Staff has been working for over a year to review every section and term of the personnel policy. Review of the old and revised personnel policy included multiple rounds of review by: City Manager • Deputy City Manager o HR Director o Legal o Organizational Leadership (i.e. department heads and divisional managers) In addition, comparisons of key areas of the personnel policy manual was made other jurisdictions and insight on recent changes in the human resource industry norms was sought from the State and the League of Minnesota Cities. The vast majority of the updates were made to clarify language either by adding additional explanation or by making it be more concise or for consistency with State Statute purposes, Some new sections were added for consistency purposes with State Statute, changes with human resource industry standards and the strategic values of the City of Brooklyn Center. The key additions include: • Respectful Workplace • Reclassification/Job Analysis • Sick Leave Donation Program • Employee Volunteer Leave Sections that were no longer applicable to the City were removed including Retiree Health Savings Plan. our Vision; Wc envision Brook/un Center as a Ihln7ne, diverse comrnun iv with a/et/I tango ot housitg. business. cuilural and / cu ' rn ot/ I incs If is a sqft and if tchahv Ph ice iii if People a cli ages lose to so,' Ii ni-zr a to miitors eqovdue to r conve,ue,u location and commitment to a l,cait/n' ClflflOiIfllCl?i iI1IJ[i1I:Ni Budget Issues: There are no budget issues relating to the updates. Strategic Priorities: Safe, Secure, Stable Community Ow , sion. IVo envision Brookiiii Center as a I/uiviai, iiv€.w CO/fl niunitv /11th all/il tongs of/waving, business. eu/twa! anti CL t L )/1 1 (Jt / ii fi S C Stye and / It I//sn L Pit/C diii I 4'! 0/ / ii (/5 love 10 501 1/ '/1/1 a i /V'isi!ors ertiov Ii i is I CO/I Ve1/lL'i/i Itsealion ti//Cl COi/?Jtilt/iiciill to 0 I/C/ill/fl' t'nviroiin/enl Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE CITY'S PERSONNEL POLICY WHEREAS, on November 14, 2005, the City Council adopted the City's Personnel Rules and Regulations by Resolution No. 2005-163; and WHEREAS, the City Council finds that it is in the public interest to update personnel policies for city employees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's Personnel Policies be and hereby are amended. 14,2018 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. Wwqf11 iIlJ4 4J11illfiJ1 'rmiii'mtq SECTION 1-PURPOSE .4 1.1 Purpose.....................................................................................................................4 1.2 Adoption & Amendment..........................................................................................4 1.3 Administration.........................................................................................................4 1.4 Savings Clause.........................................................................................................4 1.5 Department Rules.....................................................................................................4 1.6 Application - Positions.............................................................................................4 1.7 At-Will Employment ...............................................................................................5 1.8 Employment Guidelines...........................................................................................5 1.9 Labor Agreements....................................................................................................5 1.10 Management Rights .................................................................................................5 1.11 Work Rules and Policies..........................................................................................5 1.12 Wage Disclosure ...................................................................................................... S SECTION 2- DEFINITIONS..........................................................................................................7 SECTION 3 - CONDUCT AND ETHICS.....................................................................................10 3.1 Sexual Harassment Prevention ..............................................................................10 3.2 Respectful Workplace............................................................................................11 3.3 Drug and Alcohol Testing......................................................................................12 3.4 Drug Free Workplace.............................................................................................16 3.5 Tobacco Use...........................................................................................................16 3.6 Gifts and Gratuities................................................................................................16 3.7 Membership on Advisory Commissions................................................................17 3.8 Firearm Policy........................................................................................................17 SECTION 4- RECRUITMENT/EMPLOYMENT .......................................................................18 4.1 Position Opening Authorization ............................................................................18 4.2 Recruitment............................................................................................................18 4.3 Notification of Appointment..................................................................................18 4.4 Probationary Period................................................................................................18 4.5 Dismissal During the Probationary Period.............................................................18 4.6 Benefits During Probationary Period.....................................................................18 4.7 Employment of Relatives.......................................................................................18 4.8 Discipline...............................................................................................................19 4.9 Grievances..............................................................................................................19 4.10 EEO Policy Statement............................................................................................19 SECTION 5- WORK SCHEDULES............................................................................................21 5.1 Attendance .............................................................................................................21 5.2 Flexible Daily Work Hours....................................................................................21 5.3 Hours of Work, Meals and Breaks.........................................................................21 5.4 Inclement Weather.................................................................................................21 SECTION 6- EMPLOYEE COMPENSATION...........................................................................23 6.1 Compensation Plan................................................................................................23 6.2 Reclassification/Job Analysis ................................................................................23 6.3 Overtime/Compensatory Time - Fair Labor Standards Act...................................25 6.4 Compensatory Time - Non-Exempt Employees....................................................25 6.5 General Rules - Overtime/Comp Time..................................................................26 6.6 Temporary Fill- In at a Higher Classification ........................................................ 26 SECTION7- GENERAL BENEFITS ..........................................................................................27 7.1 Cafeteria Benefits Plan Eligibility .........................................................................27 7.2 Health Insurance ....................................................................................................27 7.3 Dental Benefits.......................................................................................................27 7.4 Life Insurance.........................................................................................................27 7.5 Deferred Compensation Program...........................................................................27 7.6 Flexible Benefits Plan............................................................................................27 7.7 P.E.R.A..................................................................................................................27 7.8 Direct Deposit........................................................................................................27 SECTION 8 - LEAVE BENEFITS - Regular Full-time Employees .............................................28 8 .1 Official City Holidays............................................................................................28 8.2 Personal Floating Holiday - Regular Full-time Employees ...................................28 8.3 Vacation Leave - Regular Full-time Employees....................................................29 8.4 Sick Leave - Regular Full-time Employees ...........................................................29 8.5 Sick Leave Donation Program...............................................................................30 8.6 Reasonable Unpaid Work Time for Nursing Mothers...........................................31 8.7 Official Record - Sick, Vacation, and Compensatory ............................................31 8.8 Workers' Compensation.........................................................................................32 8 .9 Funeral Leave.........................................................................................................32 8 .10 Military Leave........................................................................................................32 8 .11 Jury Duty ................................................................................................................32 8.12 Bone Marrow Donation Leave...............................................................................32 8 .13 Election Days .........................................................................................................32 8.14 School Conference and Activities Leave...............................................................33 8 .15 Parenting Leave......................................................................................................33 8.16 Employee Volunteer Leave....................................................................................33 8.17 Unpaid Leave of Absence ......................................................................................33 8.18 Family Medical Leave Act - FMLA.......................................................................34 8.19 Leave Extension Request.......................................................................................37 8.20 Reinstatement From Leave of Absence .................................................................37 SECTION9- LIGHT DUTY.........................................................................................................3 8 9.1 Purpose...................................................................................................................38 9.2 Policy .....................................................................................................................38 9.3 Procedure: Applying for Light Duty Work ........................................................... 38 9.4 Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy...............................................................................................................38 SECTION 10- SEPARATION FROM EMPLOYMENT.............................................................40 10.1 ResignationlTermination ........................................................................................ 40 10.2 Dismissal................................................................................................................40 10.3 Reduction in Force/Lay-Offs .................................................................................40 10.4 Continuation of Benefits Upon Separation - COBRA...........................................40 10.5 Benefits for City Retirees.......................................................................................40 SECTION 11 - TUITION REFUND PROGRAM.........................................................................42 11.1 Tuition Refund.......................................................................................................42 SECTION 12- RECORDS AND REPORTS ................................................................................43 12.1 Personnel File.........................................................................................................43 12.2 Job Descriptions.....................................................................................................43 12.3 Performance Reports..............................................................................................43 12.4 Employee Identification Card ................................................................................43 SECTION 13 - EXPENSE REIMBURSEMENT..........................................................................44 13.1 Clothing/Foot Protection Reimbursement .............................................................44 13.2 Mileage Reimbursement........................................................................................44 13.3 Personnel Expense Reimbursement.......................................................................44 13.4 Accrual of Benefits for Airline For City Business.................................................45 13.5 City Vehicles..........................................................................................................45 City of Brooklyn Center SECTION 1 PURPOSE 1.1 Purpose The purpose of these policies is to provide a uniform, comprehensive and efficient system of personnel administration for the City of Brooklyn Center. 1.2 Adoption & Amendment These policies and regulations were prepared and recommended by the City Manager in accordance with the administrative code and other applicable laws. The City of Brooklyn Center reserves the right to unilaterally modify the personnel rules, policy and administrative code. 1.3 Administration Personnel policies are administered by the City Manager who is directly accountable to the City Council. The City Manager may establish administrative polices and rules as may be appropriate to administer the employment practices of the City. The City Manager is also responsible for administration of personnel policies adopted by Council. The Manager is directed to develop and provide the necessary forms, procedures, and instruction for the implementation of policies. The City Manager has the authority to interpret, develop, change, add and delete policies. The City Manager shall make every appointment to a position of City employment, except when state law, City Charter or ordinance otherwise provides. Each appointment shall be based on merit and qualifications for the position as determined by the City Manager. Except as otherwise provided by state law, City Charter, or ordinance, the City Manager or designee shall make all decisions regarding discipline of City employees, including suspension and termination. 1.4 Savings Clause If a personnel regulation is held invalid by judicial or legislative action, the remainder of these rules will not be affected. 1.5 Department Rules In accordance with these policies, each department head may establish written departmental rules of procedure that do not conflict with these regulations, to cover unique circumstances. Departmental rules and/or policy must be approved in writing by the City Manager prior to implementation. 1.6 Application - Positions Unless otherwise indicated herein, all employees (regular full and part-time), offices and positions with the City are subject to the provisions of these policies except the following: A.Elected officials B.Members of appointed boards and commissions C.City Manager D.City Attorney E.Persons engaged under contract to supply expert, professional, technical, or any other services F.Other positions so designated City of Brooklyn Center 1.7 At-Will Employment All City employees are hired on an at-will basis, which means that the employer can discharge an employee at any time for any reason, with or without notice, and the employee can resign at any time for any reason, with or without notice. 1.8 Employment Guidelines These policies are guidelines for the City and its employees regarding City employment. It does not constitute an employment contract. The City reserves the right to change any personnel policy at any time at its discretion. 1.9 Labor Agreements With respect to employees whose positions are included in a collective bargaining unit, provisions of the applicable collective bargaining agreements negotiated pursuant to the Public Employment Labor Relations Act MS 179A.0l-179A.25, supersede these policies on any subject area covered by both the collective bargaining agreement and these policies. The City Manager is signatory to any collective bargaining agreement applicable to employees covered. 1.10 Management Rights The City, through the City Manager, retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of teclmology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by current collective bargaining agreements, these regulations, and City Council resolutions. 1.11 Work Rules and Policies These policies describe work conduct expected of all City of Brooklyn Center employees. These may be expanded upon or modified from time-to-time as deemed appropriate by the City Manager. Such additional or modified work rules or policies will be communicated to employees. No attempt has been made here to address all possible work situations or to identify every possible form of employee misconduct. Employees of the City of Brooklyn Center are expected to exercise reasonable and proper judgment in all aspects of their employment and to conduct themselves in a responsible, business-like manner at all times. Conduct that has a negative effect upon the City, or its safe and productive operation, or other persons, is prohibited. 1.12 Wage Disclosure Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person the amount of their own wages. While the Minnesota Government Data Practices Act (Minn. Stat. § 13.43), specifically lists an employee's actual gross salary and salary range as public personnel data, Minnesota law also requires wage disclosure protection rights and remedies to be included in employer personnel handbooks. To that end and in accordance with Minn. Stat. § 181.172, the City may not: 5 City of Brooklyn Center A.Require nondisclosure by an employee of his or her wages as a condition of employment. B.Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages. C.Take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. D.Retaliate against an employee for asserting rights or remedies under Minn. Stat. §181.172, subd. 3. The city cannot retaliate against an employee for disclosing his/her own wages. An employee's remedies under the Wage Disclosure Protection Law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry at (651) 284-5070 or (800) 342-5354. City of Brooklyn Center Unless otherwise indicated, the following words and terms have meanings indicated below: Appointing Authority The City Manager or other City employee to whom the Manager has delegated authority to appoint personnel. Appointment A regular assignment to a paid position in the City service. City The City of Brooklyn Center. Days Calendar day; including Saturday, Sunday, and holidays unless otherwise specified. Demotion A change of an employee's status from a position in one job class to a position in another job class with less responsible duties and could result in a lower salary range. Department Head Those who are responsible for management of a department as determined by the City Manager, City Charter or ordinance. Employee A person holding a paid position in the City service. Employment Status A.Regular Refers to employees who have successfully completed their probationary period of employment with the City. These employees may work varying numbers of hours per week and they are regularly scheduled for a set number of hours per week. The work they perform is of an on-going nature as approved by the City Manager B.Regular Full-time An employee in a position classified to work a 40-hour workweek and was hired for an indefinite service duration approved by the City Manager C.Regular Part-time An employee in a position classified to work less than 40 hours per week on a regular basis for an indefinite service duration approved by the City Manager. D.Non-regular Refers to employment in the following categories: temporary, seasonal, student or intern. Non-regular employees are not eligible for City employee benefits. E. Temporary Full-time An employee who works a 40 hour workweek, whose employment is limited by duration City of Brooklyn Center of a specific project or task; temporary employees may not be appointed for a period to exceed 24 consecutive months. F.Temporary Part-time An employee who works less than a 40-hour work week and whose employment is limited by duration of the specific project or task, not to exceed 24 consecutive months. G.Seasonal An employee who works for a limited duration (100 days or less) to conduct seasonal work. Seasonal employees are typically hired for program or project- based seasonal activities. H.Student or Intern An employee who is enrolled full-time in a public, non-profit or private educational institution or who has completed such course work. The work schedule of the student or intern will be developed by the City Manager or department head based on the needs of the department and the educational requirements. Students or interns may work on a part- time or full-time basis or both without a limitation on the length of employment but typically not more than two years. I.Probationary Employee An employee, who is serving a probationary period in a position which the employee was appointed, promoted, demoted, reclassified or reinstated. FLSA Fair Labor Standards Act which is a federal law regarding minimum wage and overtime compensation, classifying positions as exempt or non-exempt A.Exempt Employee Employee specifically exempt from the overtime compensation provisions of the state or federal FLSA (Fair Labor Standards Act) as defined and limited by administrative rules and regulations; these employees generally have as their primary duty management, administration, or work of a professional nature. B.Non-exempt Employees who are entitled to a minimum wage and overtime compensation pursuant to state or federal Fair Labor Standards Act. Immediate Family The immediate family includes the following individuals of the employee and the employee's spouse: mother, father, siblings, spouse, children and grandparents unless specifically stated otherwise. City of Brooklyn Center Layoff A separation of employees necessitated by lack of work, lack of funds, the abolition of a position, organization change, or any other management reason. Military Leave The leave of absence granted by state or federal law to employees entering active duty in the aimed forces of the United States. Overtime All hours actually worked in excess of 40 by a regular non-exempt employee in a workweek consisting of seven consecutive days (168 hours.) Definition does not include public safety positions. Position A group of current duties and responsibilities requiring the full-time or part-time employment of one person. Probationary Period A six to twelve month working trial period. Promotion A change of an employee from a position of one job class to a position of another job class with more responsible duties and a higher salary range. Reclassification A change in classification of an individual position by raising it to a higher job class, reducing it to a lower job class, or moving it to another class at the same level on the basis of significant changes in kind, difficulty or responsibility of the work performed in such a position as approved by the City Manager. Veteran A person defined as a veteran by Minnesota Statutes, Section 197.447. Veteran's Preference The preference granted to veterans by Minnesota Statutes. Workday Eight (8) hours, to be used for full time calculation of benefits, leave, etc. unless otherwise specified. City of Brooklyn Center 3.1 Sexual Harassment Prevention This sexual harassment policy applies to all officials and employees of the City including regular full-time and regular part-time employees, elected and appointed officials, temporary, seasonal and non-regular employees, employees covered or exempted from personnel rules or regulations, and independent contractors and consultants. Sexual harassment is a form of sex discrimination prohibited by state and federal law. Employees have the right to a workplace free of sexual harassment. The City will not tolerate sexual harassment of its employees by anyone including supervisors, other employees, officials or citizens. Persons harassing others will be promptly and firmly disciplined. All personnel must become familiar and comply with this policy. A Definition of Sexual Harassment Sexual harassment includes, but is not limited to, unwelcome sexual advances, request for sexual favors, sexually motivated physical contact, or communication of a sexual nature when: 1.Submission to such conduct is made either explicitly or implicitly a term or condition of employment or public service; 2.Submission to or rejection of such conduct by an employee is used as the basis for an employment decision such as promotion, assignment, demotion, discipline, or discharge; 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. B. Examples of Sexual Harassment Sexual harassment may include, but is not limited to: 1.Verbal harassment (e.g., sexually-oriented comments, innuendoes, or derogatory remarks); 2.Physical harassment (e.g., unwelcome touching, gestures, assault, impeding one's movement or other physical contact that an employee finds offensive); 3.Visual forms of harassment (e.g., derogatory posters, letters, poems, graffiti, cartoons or drawings); or 4.Requests for sexual favors or unwelcome sexual advances. C. Reporting Procedure Employees who believe they have experienced sexual harassment or who know of conduct they believe might constitute sexual harassment toward an employee, are required to report it to their supervisor or department head, the Human Resources Director or the City Manager or designee for gender inclusion representation. The Supervisor or a Department Head who receives the report should inform the Human Resources Director or the City Manager in confidence as soon as possible. If any employee directly receives an oral or written complaint from an alleged 10 City of Brooklyn Center victim of sexual harassment, he or she must immediately forward the complaint to the Human Resources Director or the City Manager or direct the alleged victim to report the incident. Failure to forward a report of alleged sexual harassment to the appropriate person could result in disciplinary action against the person who neglected to make the report. ft Investigation and Recommendation Upon receiving any report alleging sexual harassment, the Human Resources Director or City Manager will conduct an investigation. To the extent possible, the allegations and investigation will be kept confidential. An alleged victim may have a staff person of the same gender present during all contacts with the Human Resources Director. The alleged victim and any witnesses may be asked to put their reports in writing. If the facts are found to support the allegations, the harasser will be subject to disciplinary action up to and possibly including immediate termination depending on the circumstances and severity of the harassment. The Human Resources Director may report on the investigation and its results to the City Manager. The City will keep a complete record of the nature of the complaint, its investigation and its resolution. Pending completion of the investigation, the designated personnel representative may take any appropriate action necessary to protect the alleged victim, other employees, or citizens. Anyone who makes a false complaint of sexual harassment or anyone who gives false information during a sexual harassment investigation could also be subject to disciplinary action up to and including immediate termination. The City may also discipline any individual who retaliates against a person who testifies, assists or participates in any manner in a sexual harassment investigation. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. 3,2 Respectful Workplace This policy is to maintain a respectful work and public-service enviromnent free from violence and other offensive or degrading remarks or conduct. The City will not tolerate such behavior by or toward any employee or official. Any employee or official of the City who engages in such behavior is subject to consequences. A. Definition of Inappropriate Workplace Conduct All employees and officials are prohibited from engaging in behavior that interferes with a professional, productive, respectful working environment, including behavior that is disrespectful, obscene, inappropriate, violent or offensive. Prohibited behavior includes, but is not limited to: 11 City of Brooklyn Center 1.Offensive, disrespectful, or obscene remarks about or conduct relating to another employee or member of the public; 2.Behavior that includes the use of physical force or intimidation when the impact causes physical or emotional pain, fear, or hurt or a reasonable fear of the same; 3.The abuse of power or authority, including verbal abuse, toward other employees or members of the public; 4.Making threatening remarks, swearing or gestures; 5.Intentionally damaging or threatening to damage employer property or the property of another employee, or member of the public; 6.Deliberate or careless conduct endangering the safety of other employees. B. Reporting a Complaint 1.City employees and officials should report concerns or complaints about inappropriate workplace conduct to their Supervisor, the Human Resources Director, or the City Manager. 2.Supervisors must report concerns or complaints about inappropriate workplace conduct to the Human Resources Director or the City Manager. 3.Depending upon the nature and seriousness of the allegation or complaint, the Human Resources Director or City Manager will determine the scope of any investigation or follow-up procedures. 4.Individuals found to have violated this policy may be subject to discipline, Lip to and including dismissal. 5. No retaliatory action will be taken against any person who makes a complaint about or reports inappropriate workplace conduct. 3.3 Drug and Alcohol Testing It is the City's policy to provide a drug-free, safe, and secure work environment. No employee may be under the influence of, use, manufacture, possess, sell, or transfer drugs or alcohol while the employee is working, on City property, or operating a City vehicle, machinery, or equipment, except to the extent authorized by a valid medical prescription. This Policy shall be interpreted consistently with Minn. Stat. Sec. 181.950 et seq. and applicable federal law. A.Reporting Employees must report, to their department head, any conviction under a criminal drug statute for violations occurring on or off work premises during the employees workday or while conducting City business. A report of the conviction must be made within five days after the conviction as required by the Federal Drug-free Workplace Act of 1988. B.Types of Testing The City Manager or Human Resources Director may order the drug and alcohol testing. All employees and job applicants are subject to drug and alcohol testing in the following circumstances: 12 City of Brooklyn Center 1.Job Applicant Testing The City may require that all applicants who have received conditional offers of employment undergo drug and alcohol testing. If the offer of conditional employment is subsequently withdrawn, the City will notify the applicant of the reason for the withdrawal. 2.Routine Physical Examination Testing Any employee may be required to undergo drug and alcohol testing as part of a routine physical examination. The drug or alcohol test will be requested no more than once annually and the employee will be given at least two weeks written notice that the test shall be required as part of the examination. 3.Random Testing An employee in a position in which impairment caused by drug or alcohol usage would threaten the health or safety of any person may be required to undergo random drug and alcohol testing. In addition, employees who are required to have a commercial driver's license, are subject to random testing as required by federal law. 4.Reasonable Suspicion Testing Any employee may be required to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: (a) is under the influence of drugs or alcohol; or (b) has engaged in the use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on City property or operating a City vehicle, machinery, or equipment; or (c) has sustained a personal injury arising out of and in the course of employment, or caused another person to sustain a personal injury; or (d) has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. S. Treatment Program Testing Any employee may be required to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under the City insurance, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. C.Testing Laboratory A laboratory meeting all requirements of state law, including those set forth in Minn. Stat. Sec. 181.953, shall handle all drug and alcohol testing. D.Rights of Employees and Job Applicants 1. Before undergoing drug or alcohol testing, the employee or job applicant shall complete a form provided by the City (1) acknowledging that the 13 City of Brooklyn Center employee has seen a copy of the City's drug and alcohol policy, and (2) indicating consent to undergo the drug and alcohol testing. 2.If an employee or applicant tests positive for drug use, the City will give written notice of the right to explain the positive test. The City may request that the employee or applicant indicate any over-the-counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of or explanation for, a positive test result. 3.Within three working days after notice of a positive test result on a confirmatory test, the employee or applicant may submit information to the City to explain that result or may, request a confirmatory retest of the original sample at the employee's or the applicant's own expense. If the confirmatory retest does not confirm the original positive test result, the City will not take any adverse personnel action against the employee or applicant based on the original confirmatory test and will reimburse the employee for the expense of the retest. 4. An employee or job applicant has the right to request and receive from the City a copy of the test result report on any drug or alcohol test. K Notice of Test Results Within three days after receipt of a test result report from the testing laboratory, the City shall provide to the employee or job applicant a written report indicating: (1) a negative test result on an initial screening test or of a negative or positive test result on a confirmatory test, and (2) the right to request and receive a copy of the test result report. In the case of a positive test result on a confirmatory test, the City shall also inform the employee or applicant in writing of the right to explain the result (identified in section Rights of Employees and Job Applicants, para. B of this policy); an employee's rights under section Discipline of this policy; or, in the case of a job applicant, that the job offer will be withdrawn. F. Confirmatory Retests An employee or job applicant may request a confirmatory retest of the original sample at the employee's or job applicant's own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the employee or applicant shall notify the City in writing of the intention to obtain a confirmatory retest. Within three working days after receipt of the notice, the City shall notify the original testing laboratory that the employee or applicant has requested the laboraiory to conduct the confirmatory retest or transfer the sample to another laboratory to conduct the confirmatory retest. The original testing laboratory shall ensure that the chain-of-custody procedures in state statute are followed during transfer of the sample to the other laboratory. The confirmatory retest must use the same drug or alcohol threshold detection levels as used in the original confirmatory test. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the employee or job applicant. 14 City of Brooklyn Center G. Right to Refuse Testing and Consequences Employees and job applicants have the right to refuse to undergo drug and alcohol testing. However, failure to comply with the City's drug and alcohol policy, and refusal to take a drug and alcohol test upon request shall subject an employee to discipline, including discharge. If an applicant refuses to test, the job offer will immediately be withdrawn. W Discipline. 1.The City may not discharge, discipline, discriminate against or request or require rehabilitation of an employee on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. 2.An employee who has a positive test result on a confirmatory test, when this is the first such result for the employee, will be subject to discipline but shall not be discharged unless (1) the employee has been given an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and (2) the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program as evidenced by withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program. 3.The City may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, if the City believes that it is reasonably necessary to protect the health or safety of the employee, coemployees, or the public. An employee who has been suspended without pay will be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. 4.The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee on the basis of medical history information revealed to the City pursuant to section Rights of Employee and Job Applicant of this policy unless the employee was under an affirmative duty to provide the information before, upon, or after hire. I. Data Privacy Test results and other information gathered under this policy will be treated as private data on individuals. Positive results will be disclosed to the employee, the employee's Department Head and the City Manager. Results will not be disclosed to others unless requested in writing by the employee or required by law. 15 City of Brooklyn Center 3.4 Drug Free Workplace In accordance with federal law, the City of Brooklyn Center has adopted the following policy on drugs in the workplace: A.Employees are expected and required to report to work on time and in appropriate mental and physical condition. It is the city's intent and obligation to provide a drug-free, safe and secure work environment. B.The unlawful manufacturing, distribution, possession, or use of a controlled substance on city property or while conducting city business is absolutely prohibited. Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences. C. The city recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans, as appropriate. U. Employees must, as a condition of employment, abide by the terms of this policy and must report any conviction under a criminal drug statute for violations occurring on or off work premises while conducting city business. A report of the conviction must be made within five (5) days after the conviction as required by the Drug-Free Workplace Act of 1988. 3,5 Tobacco Use Tobacco products (i.e. chewing tobacco, smoking, etc.) are prohibited in City buildings and vehicles. 3.6 Gifts and Gratuities An employee may not solicit any gift or gratuity from any other employee or member of the general public. In no instance may a gift or gratuity be solicited or even hinted. In no instance may any gift or gratuity be accepted by a City employee, even if the gift or gratuity was unsolicited. There are very limited exceptions to what is considered a gift or gratuity. The exceptions include: A.A plaque or similar memento recognizing an individual's services in a field of specialty or to a charitable cause. B.A trinket or memento costing $5 or less. C.Informational materials of unexceptional value. D.Food or beverage given at a reception, meal, or meeting away from your normal place of work by an organization before whom you are appearing to make a speech or answer questions as a part of a program. All other gifts of food or beverage are prohibited. Vendor contributions to a meeting of local officials for breakfasts, hospitality rooms, snacks, or refreshments are prohibited. E.Usual or customary gift giving among employees during the holiday season, birthdays, retirements, weddings, baby showers, rolls, cookies, flowers, etc., provided by coworkers. F.Gifts from a family member. 16 City of Brooklyn Center Good judgment is advised. When you are faced with a situation concerning the acceptance of an item, you should seek approval from your supervisor prior to its acceptance and, if not resolved with your supervisor, proceed up the departmental ladder. It is important that each of us maintain high standards of public service and remain within the letter and spirit of ethical behavior. 3.7 Membership on Advisory Commissions City employees are, pursuant to City Council policy, ineligible for appointment or service on City Advisory Commissions. City employee participation with commissions is assigned by the City Manager. 3.8 Firearm Policy The possession or carrying of a firearm by City of Brooklyn Center employees, other than sworn Police Officers, is prohibited while acting in the course and scope of employment for the City, including working in City buildings, on City property or at any off-site location, and while driving or riding in a City-owned vehicle in any location on behalf of the City. The term "possession" includes but is not limited to storing firearms in lockers, desks, file cabinets, etc., or in City-owned vehicles. For the purposes of this policy, employees are full- and part-time regular employees; temporary, seasonal and recurring employees; City Council members; City Advisory commission members; fire fighters; interns; volunteers; and independent contractors. Any firearms brought onto City-owned parking areas by an employee must be placed out of sight in a personal vehicle. The vehicle must be locked and all reasonable precautions taken to prohibit unauthorized entry into the vehicle. If a City employee drives his or her personal vehicle on any City business, including responding to on-call work from home after regular work hours, he or she must remove any firearm(s) from the vehicle prior to use of the vehicle for City business. Non-sworn employees of the Brooklyn Center Police Department may handle firearms as necessary to fulfill their job requirements such as marking or transporting evidence and performing assigned tasks in the Police Department property room. Violations of this policy are subject to disciplinary action in accordance with the City's disciplinary procedures policy. 17 City of Brooklyn Center SECTION 4 RECRUITMENT/EMPLOYMENT 4.1 Position Opening Authorization Department Heads will notify the Human Resources Director and make recommendations when a vacancy exists in a department or when there is a desire to fill a newly created position. The City Manager will review the request and recommendations and advise the department head on the proper course of action. The City Manager is the final authority in the filling of all positions. 4,2 Recruitment The recruitment of applicants for employment with the City shall take place at the direction of the City Manager through Human Resources. 4.3 Notification of Appointment The City Manager will notify the candidate selected for appointment in writing. The notification must include the employment starting date and salary. The Department Head must provide the newly appointed employee with a current position description to indicate those duties and responsibilities for which the employee is accountable. 4.4 Probationary Period The probationary period begins immediately upon the employee's starting date and continues for six (6) to twelve (12) working months unless otherwise specified in union contract. The Department Head must inform the City Manager of employee's successful completion of the probationary period. All newly hired or rehired employees will serve a six (6) to twelve (12) month probationary period. At any time during the probationary period newly hired, promoted, or rehired employees may be terminated, demoted, or reassigned at the sole discretion of the employer. No cause for discharge is necessary. Time served in temporary positions is not considered part of the probationary period. 4.5 Dismissal During the Probationary Period A Department Head may recommend to the City Manager dismissal of a probationary employee at any time during probation for any reason. The employee must be notified of the termination date in writing from the City Manager. 4.6 Benefits During Probationary Period Sick and vacation leave will accrue during the probationary period. Sick and vacation leave may be used as earned under the same conditions as applicable to non-probationary employees. 4.7 Employment of Relatives More than one family member may not be employed within any department where one immediate family member or relative supervises or has the ability to hire, fire or promote another relative, or where there may be a conflict of interest or not in the best interest of the City as determined by the City Manager. 18 City of Brooklyn Center 4.8 Discipline City employees will be subject to disciplinary action for failing to fulfill their duties and responsibilities, including observance of work rules. It is the policy of the City to administer discipline without discrimination. Disciplinary action may include oral warning, oral reprimand, written reprimand, demotion, transfer, suspension or termination. Disciplinary action involving a suspension or dismissal is subject to state law on veteran's preference, existing collective bargaining agreements and state and federal laws. The dismissal of an employee is considered a separation not in good standing. 4.9 Grievances Regular full and part-time employees claiming a grievance shall timely submit such grievance to the employee's supervisor who shall consider and examine the grievance and attempt to resolve it to the extent of their authority. If the grievance is not resolved at the supervisory level, it may be referred by the employee to their department head who shall consider and examine the grievance and attempt to resolve it. If the grievance is not resolved at the department head level, it may be referred by the employee to the Human Resources Director for disposition. The decision of the City Manager is final. The City assures there will be no retaliation as a result of bringing a claim forth, cooperating in an investigation, or submitting a grievance. 4.10 EEO Policy Statement This is to affirm the City of Brooklyn Center's policy of providing equal opportunity to all employees and applicants for employment in accordance with all applicable federal, state and local laws. The City of Brooklyn Center will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, sex, sexual or affectional orientation, disability, age, marital status, status with regard to public assistance, familial status, veteran status, or membership on a local human rights commission, genetic information, gender identity or gender expression, and lawful participation in the Minnesota Medical Cannabis Patient Registry. The City of Brooklyn Center will take all necessaiy steps to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Brooklyn Center will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these equal employment opportunity objectives as well as other established criteria. Any employee of this City who does not comply with the equal employment opportunity policies and procedures as set forth in this statement and plan may be subject to disciplinary action. No part of this program is to be construed as a contract between the City of Brooklyn Center and any individual employee. It does not describe in any way the terms and conditions of employment of City employees. Such terms and conditions are set forth in, 19 City of Brooklyn Center and the employment relationship is governed by, applicable collective bargaining agreements, employment agreements, or the personnel rules of the City. The City of Brooklyn Center has appointed the Human Resources Director to manage the Equal Employment Opportunity policy.. The Human Resources Director's responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this policy as required by Federal, State and Local agencies. Brooklyn Center City Manager will receive and review reports on the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please notify the Human Resources Director. 20 City of Brooklyn Center SECTION 5— WORK SCHEDULES 5.1 Attendance Employees shall work the normal hours (see Section 5.3) and the minimum number of hours a week as established for their positions in their respective departments. Each employee shall ensure that time worked and absences are correctly reported. Failure to correctly report time and/or falsification of documents may result in discipline up to and including termination. Unauthorized leave in excess of three work days is considered resignation not in good standing by the employee. 5.2 Flexible Daily Work Hours Notwithstanding the normally established and observed daily work hours for employees, employees may, with the express written approval of their department head, establish and observe individual flexible daily hours. Individual flexible daily work hours shall not be permitted where such has an adverse impact on the employer's operation or on other employees. Flexible schedules, if approved, are on a case by case basis for a time-frame determined by the department head with no long-term guarantee. Approval of continued flexible schedule is at the discretion of the Department Head and/or City Manager. 5.3 Hours of Work, Meals and Breaks A workweek consists of seven consecutive days (168 hours) beginning at 12:01 a.m. each Sunday. The regular workweek for full-time City employees is 40 hours; 80 hours constitutes a normal pay period. Normally, City offices will be open for business Monday through Friday from 8:00 a.m. to 4:30 p.m. Regular office hours may be changed by the City Manager. The hours of work and work schedules within each division and department will be set by the department head, with approval of the City Manager. In most cases, full-time employees will have one uninterrupted meal period of no less than one-half hour per day. Meal periods are not paid, not included in the computation of overtime, nor included in the computation of a normal work shift or payroll period. Rest periods will be 15 minutes in each four-hour period for FLSA non-exempt employees. Meal periods may not be accumulated or taken at the end or beginning of the employee's shift on a regular basis. Exempt employees are required to work the hours necessary to perform their job at their established rate of pay. Essential employees, as defined by law, and other public safety employees, may be required to work a different schedule due to the specialized nature of their employment. 5.4 Inclement Weather In the event of severe inclement weather, the City Manager may determine whether an emergency exists in which the public interest will be best served by closing the City office or offices. If a City office is closed due to a weather emergency, the following apply: A. Employees are expected to listen to WCCO for announcements of closing of City facilities are not to report to work if their work site is not open. If notice of 21 City of Brooklyn Center closing has not been broadcast by 7:00 a.m. of the workday or if your department head or supervisor has not contacted you, employees may assume that the City facilities will be open. B. If an employee determines that he or she cannot make it to work because of inclement weather, the employee must utilize earned vacation or comp time to compensate for time off. 22 City of Brooklyn Center SECTION 6- EMPLOYEE COMPENSATION 6.1 Compensation Plan The City Manager must develop and maintain a compensation plan so all positions substantially similar with respect to the type, difficulty, and responsibility of work are included in the same grade and that the same salary range may be applied to all positions in a grade. The plan shall classify positions in accordance with federal and state laws for all positions. The City Manager will present the compensation plan to the City Council for its approval. The effective date of the compensation plan shall be the date stated in the plan approved by the City Council. 6.2 Reclassification/Job Analysis In compliance with pay equity and our compensation plan, each position in the City shall be assigned a job value representing its relative value in the organization. Job values shall be a primary consideration when determining pay for our employees. All positions are grouped (banded) into classes based on the job evaluation system of point totals as well as job duties, skills and abilities, responsibility, required knowledge and experience and other pertinent factors. Internal and external factors are used to assign an appropriate pay range to each banded class of positions. The method whereby point values are determined shall be consistently applied to all positions in the City. It is the responsibility of the Human Resources Director to develop and maintain a current job analysis program consistent with this policy. A.When are positions reviewed? All position descriptions will be reviewed at least every 10 years automatically to determine if the work of the incumbent is consistent with the job description. A salary market review will be conducted at least every ten years even if there have been no changes in job responsibilities. Job descriptions will be reviewed prior to filling a vacancy and when a new position is created. Job values will be reviewed as needed or requested by Department Heads not more frequently than every three years unless substantial changes in job duties have occurred. When a position is substantially changed, the following steps are required to initiate consideration for job analysis of a position: B.How to request job analysis The employee and their immediate supervisor should submit the current job description and a revised job description to the appropriate Department Head for review. Any addition(s), deletion(s) and/or substantial modification(s) must be clearly identified. If the Department Head agrees there is sufficient reason to warrant further consideration of a job analysis, they should forward the documentation to the City Manager with a memo detailing the reasons for the changes and requesting consideration for job analysis. 23 City of Brooklyn Center If the request is due exclusively to a change in market conditions the Department Head should review the salary data submitted in support of a job analysis review and submit this information to the City Manager C. Review process The City Manager will submit the documentation to the Human Resources Director for review. After HR review a decision to proceed or not to proceed with the analysis will be made. If the decision is not to proceed a written explanation will be provided to the Department Head and the process will end. The primal factors for job analysis review consideration will be the following: 1.Are there substantial change in the level of responsibility, and or significant changes in the minimum job qualifications? 2.Is there a reason to believe that market conditions have changed substantially since the pay level was established? Once review approval is granted, the Human Resources Director shall send the job description for analysis to the City's consultant. Analysis may consist, but is not limited to review of the following information: job description, organizational structure, benchmark jobs, comparison with internal positions and the market. If a market analysis is performed the position will be compared with our comparison cities; Crystal, Fridley, Golden Valley, Maplewood, New Hope, Richfield, Roseville, Shoreview, and White Bear Lake. In the rare case where the fore stated comparison cities do not offer a reasonable sample of similar job classifications, the City Manager may authorize the substitution of other metro cities for comparison. B. Recommendation The Human Resources Director shall discuss the findings of the job analysis with the Department Head and submit a recommendation to the City Manager. Based on the findings the position may stay at the same level, be assigned to a higher level or a lower level based on the results of the job analysis. An adjustment will be based upon whether the job analysis points are significantly lower, higher, or are not properly classified with similar points. E.Decision The City Manager may approve, deny, or seek clarification on the recommendation. F.Salary change In general, the following philosophy will be used when there are changes in salary as it relates to a change in j oh value, based on City Manager approval. All salary changes will be made in conformance with the city compensation plan. Job Value increase: Salary may be increased within the new pay range. Job Value decrease: Salary may be frozen or decreased to fit within the pay range. 24 City of Brooklyn Center No change in job value: No change in salary. Changes in salary shall be made within a reasonable timeframe (not greater than 120 days) of completion of the review and approval by the City Manager. Market based adjustments will be considered when the current position range is not within 5% of the average (arithmetic mean) of the comparable position in the comparison cities. G.Delivery and Implementation The Department Head shall inform the employee of the results of the job analysis process. The Department Head shall be responsible for completing the appropriate paperwork and Human Resources will be responsible for implementing the necessary changes to the pay plan, etc. based on the City Manager's decision. H.Appeals An employee who disagrees with the result of the job analysis may appeal, in writing, to the Human Resources Director within 30 calendar days of receipt of the decision. With the appeal, the employee must submit information stating the reasons for their disagreement and include a statement and documentation/data supporting a recommendation for resolution. The City Manager will review the information received in the appeal and inform the employee of the final decision onjob analysis within 30 calendar days of receipt of the appeal information. The City Manager may take into consideration the information submitted, and/or gather additional information as needed. The decision of the City Manager is final. The job analysis process and outcome is not subject to the grievance procedure. 6.3 Overtime/Compensatory Time - Fair Labor Standards Act Pursuant to federal and state wage and hour laws, nonexempt employees who are authorized to work overtime and who work in excess of 40 hours in a workweek will be compensated at a rate of one and one-half times their base rate of pay for hours worked in excess of 40. Paid holidays, paid leave time (sick and vacation) and comp time used are counted as time worked for the purpose of computing overtime hours. Unpaid leave is not counted towards hours worked. 6.4 Compensatory Time - Non-Exempt Employees Non-exempt employees have the option of selecting compensatory time at the rate of one and one half times their regular rate of pay in lieu of overtime, to a maximum of 40 hours of comp time accrual. 25 City of Brooklyn Center 6.5 General Rules Overtime/Comp Time All overtime and comp time to be worked must be pre-approved by the Department Head prior to working overtime or comp time. Failure to obtain prior approval of overtime and comp time may result in discipline. 6.6 Temporary Fill-In at a Higher Classification From time to time employees may be asked to fill in temporarily at work in a higher classification. The assignment will be made by the Department Head with the approval of the City Manager. If a temporary assignment extends beyond 20 working days, additional compensation at the higher classification may be provided. The duration of a temporary assignment may not exceed six months, unless authorized by the City Manager. 26 City of Brooklyn Center SECTION 7- GENERAL BENEFITS 7.1 Cafeteria Benefits Plan Eligibility Regular full-time employees who work 40 hours per week are eligible for benefits. The City will provide a contribution for regular full-time employees as approved by City Council. 7.2 Health Insurance Regular full-time employees may purchase health benefits as made available through the Employer's Cafeteria Benefit Plan. Plans are subject to policy documents. 7.3 Dental Benefits Regular full-time employees may purchase dental benefits as made available through the Employer's Cafeteria Benefit Plan. Plans are subject to policy documents. 7.4 Life Insurance Life insurance may be provided for full-time regular employees through the Employer's Cafeteria Benefit Plan. Employees provided this benefit may purchase additional term life insurance to supplement the insurance coverage provided by the City as well as supplemental and dependent life insurance. Plans are subject to policy documents. 7.5 Deferred Compensation Program Regular full-time employees are provided the opportunity to participate in a deferred compensation plan. This voluntary plan allows employees to place a portion of their earnings into pretax deferred investment program. Plans are subject to regulations. 7.6 Flexible Benefits Plan Regular full-time employees are offered an optional plan in which a portion of the employee's salary can be set aside pre-tax to cover estimated health care and day care costs. The employee must expend all the money set aside in the flexible benefit plan within the calendar year or lose it. Proof of medical and day care expenses must be submitted. Please see plan document for criteria regarding the flexible benefit plan. Plans are subject to IRS regulations. 7.7 P.E.R.A. Public Employees Retirement Account participation will be maintained for all eligible employees pursuant to state law. The City and eligible employees contribute to PERA each pay period as determined by state law. For details see the PERA manual in the Human Resources Division. Plans are subject to PERA regulations. 7.8 Direct Deposit The City requires direct deposit for all employees. 27 City of Brooklyn Center SECTION 8 LEAVE BENEFITS - Regular Full-time Employees 8.1 Official City Holidays New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Day Two Personal Floating Holidays January 1 Third Monday in January Third Monday in February Last Monday in May July 4th First Monday in September November 11 Fourth Thursday in November Friday after Thanksgiving December 25 (See description below) When a holiday falls on a Saturday the previous Friday is designated as the holiday; when on a Sunday, the following Monday is designated as the holiday for employees whose normal work schedule is Monday through Friday. Non-union full-time employees who work a holiday will be paid time and one-half employee's regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. Employees may observe a religious holiday on days which do not fall on Sunday or a legal holiday. Observance of such a religious holiday must be taken off without pay except where the employee has accumulated vacation or comp time and in that case such religious holidays may be charged against such leave accumulations at the option of the employee. Employees who are in collective bargaining must check their agreements and follow contract language for holiday schedules. In order to be paid for holiday leave, the benefit earning employee must be working or using vacation, sick or other approved paid leave on both the day before and after the holiday. 8.2 Personal Floating Holiday - Regular Full-time Employees Employees receive two personal floating holidays per year to be used as follows: A.Regular full-time employees, employed as of January 1 of each year, shall have one eight (8) hour personal floating holiday to be used within the calendar year. Such floating holiday shall be taken at the employee's discretion upon approval of the employee's supervisor. The floating holiday must be taken as a whole day off and may not be used in partial days. The personal holiday must be used within the calendar year or it will be lost. B.Regular full-time employees, employed as of July 1 of each year, shall have one eight (8) hour personal floating holiday to be used within the period July 1 through December 31 of that year. Such floating holiday must be taken as a 28 City of Brooklyn Center whole day off and may not be used in partial days. The personal holiday must be used within the period July 1 through December 31 of the year in which it is received or it will be lost. The request for use of a personal holiday follows the same procedure as a request for vacation. 8.3 Vacation Leave - Regular Full-time Employees A.Regular full-time employees shall earn vacation leave at the rate of 6.67 hours for each calendar month of full-time service or major fraction thereof. Regular employees with five consecutive years of service through 10 consecutive years of service shall earn vacation leave at the rate of 120 hours per year. Regular employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. In the best interest of the City, vacation leave in excess of the established amount specified in this section may be granted by the City Manager. Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave. B.Accrual Vacation begins accumulating in accordance with date of hire. C.Usage Vacation leave may be used as earned except that the department head shall approve the time at which the vacation leave may be taken. D.Vacation Accumulation The total number of vacation hours carrying over from year to year may not exceed 230 hours, except where approved in writing by the City Manager. Vacation leave up to 230 hours will be paid out to the employee who separates from employment in good standing. 8.4 Sick Leave - Regular Full-Time Employees A. Sick leave with pay shall be granted to probationary and regular full-time employees for each calendar month of frill-time service or major fraction thereof. Sick leave shall accrue at the rate of eight hours per month until 960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month. Employees using earned sick leave shall be considered to be 29 City of Brooklyn Center working for the purposes of accumulating additional sick leave. The City Manager may advance a maximum of 96 hours of sick leave to newly hired employees who have a minimum of five years of job experience which is directly related to the position for which they are hired. No sick leave will accrue during the first 12 months of employment. Sick leave may be taken as it is earned. Sick leave may be used when an employee is unable to perform work duties due to illness, injury, disability (including pregnancy), participation in an employee assistance program, or by necessity for medical or dental care appointments. Sick leave may also be used by the employee to care for the employee's spouse, and the following family members: dependents, minor and adult children, including stepchildren, parents, stepparents, parents-in-law, siblings, grandparents, grandchildren, son-in-law, or daughter-in-law of the employee or employee's spouse. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave. Sick leave may also be used for absences due to the need for safety leave (providing or receiving assistance because of sexual assault, domestic abuse, or stalking as defined by state law) relating to the employee or any of the family members identified above. B.Sick Leave Request Employees must notify their immediate supervisor on the first day of sick leave and each day of sick leave request before the start of his or her shift unless otherwise required by the supervisor. When possible, sick leave must be requested in advance. C.Sick Leave Severance At the time of resignation, retirement, or death, the City shall pay to employees who have been employed for at leave five consecutive years one-third of their accumulated sick leave. If discharged for cause, or lack of appropriate notice, severance pay shall not be allowed. 8.5 Sick Leave Donation Program The City of Brooklyn Center recognizes that a catastrophic or prolonged illness of an employee or their immediate family member may deplete the employee's available paid leave (vacation, sick, and other forms of compensated leave time). This policy is meant to provide staff with the option of assisting employees in such circumstances through voluntary donations of vacation! sick leave accruals. Application of this policy will be approved by the City Manager on a case by case basis. A. Eligibility: 1.All regular full-time employees will be considered eligible to participate in this program. 2.An employee will be eligible to receive donated leave only after all of that employee's accrued leave time has been exhausted. 30 City of Brooklyn Center 3, Donation of leave will not be allowed once it is known or has been determined that the employee will not return to work. B. Process: To receive donated leave time an employee will submit the following to Human Resources: 1.Request for consideration of leave time donation form 2.Certification from the attending physician or other applicable health care provider 3. Any other relevant information necessary in determining eligibility The City Manager will review the request and shall have the right to deny use of this policy or to limit its use based solely upon the Manager's discretion. To donate leave time participating employees shall complete a donation of leave time form. C. General Information Regarding Leave Donation: 1.The maximum leave time to be received is 160 hours per 12-month period per qualifying situation. This period begins the date that a request for leave time has been made. 2.Donated leave hours will be converted to sick leave and placed in the recipient's sick leave bank. The recipient will be allowed to use these hours in accordance with City Policy. 3.Donations will be made in two-hour increments consisting of one hour of vacation leave and one hour of sick leave. 4.Donors must have a minimum of 160 hours of sick leave in their own bank- after donation to participate. 5.Donations will be made anonymously. 6.Donated time may not be reclaimed and the recipient is under no obligation to repay the donation. 7. The City Manager retains the right to apply this policy in any manner deemed to be in the best interest of the City. This includes amendment, alteration, and elimination of the policy without notice or negotiation. 8.6 Reasonable Unpaid Work Time for Nursing Mothers Nursing mothers will be provided reasonable unpaid break time for nursing mothers to express milk for nursing her child for one year after the child's birth. The city will provide a room (other than a bathroom) as close as possible to the employee's work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express in private. 8.7 Official Record - Sick, Vacation, and Compensatory The City's computerized payroll system is the official record for sick, vacation and compensatory balances. 31 City of Brooklyn Center 8.8 Workers' Compensation An employee, who is temporarily disabled from work by an injury or illness sustained in the performance of the employee's work with the City, may be eligible for Workers' Compensation payment and additional salary through the use of accrued sick leave. The total of the Workers' Compensation check and the accrued sick leave compensation may not exceed the employee's normal gross pay. For more information on Workers' Compensation contact your supervisor or Human Resources. 8.9 Funeral Leave Earned sick leave may be taken in the event of a death in an employee's immediate family. In this section, the term "immediate family" includes employee's spouse, and the following family members: dependents, minor and adult children, including stepchildren, parents, stepparents, parents-in-law, siblings, grandparents, grandchildren, son-in-law, or daughter-in-law of the employee or employee's spouse. The length of leave will be determined by the Department Head and the City Manager. 8.10 Military Leave Employees called to military service will be granted leave of absence without loss of status or pay not to exceed 15 working days per year when ordered to training or active service. The City must receive a copy of the orders from the proper authority directing the employee to report to duty. Military leaves of absence with or without pay shall be granted as provided in Minnesota and Federal Regulations. 8.11 Jury Duty Any regular or probationary frill-time or part-time employee who is required to serve as a juror or who is under subpoena as a witness in court on City matters, will be granted leave with pay while serving in such capacity. The employee must provide the appropriate paperwork to the City prior to the leave being granted. The employee must give any fees received for such service with the exception of mileage or parking, to the City. When employees are excused from jury duty or serving as a witness during their regular working hours, they are expected to return to work if practicable. Temporary employees will be given leave without pay and may retain all fees received. 8.12 Bone Marrow and Organ Donation Leave Employees working an average of 20 or more hours per week, who seek to undergo a medical procedure to donate bone marrow, an organ, or partial organ to another person, will be granted up to 40 hours of paid leave. Employees must provide a medical verification by a physician as to the purpose and length of each leave requested. 8.13 Election Days Employees eligible to vote in a regularly scheduled state primary or general election may be absent from work for the purpose of voting during the morning of the day of that election, without penalty or deduction from salary or wages because of the absence. A request for time off to vote must be made prior to Election Day and the supervisor may specify the time when an employee may be absent for voting purposes 32 City of Brooklyn Center 8.14 School Conference and Activities Leave In compliance with MN Statutes 181.9412, employees working an average of 20 or more hours per week may take unpaid leave up to a total of 16 hours during any 12-month period to attend school conferences or school-related activities related to the employee's child, provided the conferences or school-related activities cannot be scheduled during non-work hours. Parental leave must be requested in writing in advance and processed through the Department Head or Supervisor. An employee may use accrued vacation or other paid leave for leave under this section. 8.15 Parenting Leave Pursuant to state law, certain employees shall be granted an unpaid parenting leave for a period not to exceed twelve (12) weeks upon the birth or adoption of a child or for prenatal care of incapacity due to pregnancy, childbirth, or related health conditions. Eligible employees are those who have: 1) been employed by the City for at least 12 months preceding the request for leave; and 2) worked an average of 20 hours or more per week. Eligible employees anticipating parenting leave must submit a written request to their supervisor, who will forward the request to human resources, before the anticipated birth or adoption of the child whenever possible. A parenting leave must not begin more than twelve (12) months after the birth or adoption of the child, unless the child remains in the hospital longer than the mother, then the leave must not begin more than twelve (12) months after the child leaves the hospital. No vacation or sick leave, or other benefits will accrue during the leave period. Employees shall be eligible for group health insurance benefits during the leave, but will be responsible for any costs of insurance premiums. Employees are entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. 8.16 Employee Volunteer Leave Employees may be paid up to 20 hours annually to participate in local community volunteer activities. This leave must be pre-approved by the employee's supervisor prior to volunteering for the event. This program is to encourage our employees to become more engaged with the community of the City of Brooklyn Center. 8.17 Unpaid Leave of Absence Employees must submit a written request for an unpaid leave of absence to the department head for approval with the final determination to be at the discretion of the City Manager. A leave of absence without compensation may be granted by the City Manager for up to six calendar months to an employee for any reasonable purpose and extended by the City Manager for any reasonable period. Sick and vacation leave will not accrue during an unpaid leave of absence. Accrued amounts of both sick leave and vacation leave will remain on the record at the inception of the leave of absence and shall continue upon the return of the employee. If the leave extends for more than 30 days, health and dental coverage and life insurance premiums must be paid in full by the employee during such leave or the coverage will lapse. 33 City of Brooklyn Center For unpaid leaves of absence of 30 days or less, the City will continue its normal premium contribution or as policy allows. 8.18 Family Medical Leave Act - FMLA Family Leave is governed by the Family Medical Leave Act of 1993 as amended and Federal Regulations. FMLA provides a 12-week unpaid job-protected leave for certain employees in certain circumstances. The following is a summary of the Family Medical Leave Act and how it applies to employees of the City of Brooklyn Center. A copy of the Federal Regulations is available for review from the human resources division. A. Eligible Employees Eligible employees are those who have: 1.Been employed by the City of Brooklyn Center for at least 12 months; and 2.Worked a minimum of 1,250 hours within the previous 12-month period immediately preceding the request for leave. B. Circumstances Covered by Family Leave FMLA leave will be granted to an eligible employee for any of the following reasons: 1.Birth of a child and to care for the newborn child; 2.Place of a child with the employee for adoption or foster care; 3.Employee is needed to care for a family member (child, spouse, or parent) with a "serious health condition;" 4.Employee's own "serious health condition" that makes the employee unable to perform the functions of his or her job; or 5.Any "qualifying exigency" arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending order to active duty) in support of a contingency operation. a. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. 6.Covered Service member (Military Caregiver) Leave In addition, the FMLA allows an eligible employee who is a spouse, son, daughter, parent or next of kin of a covered service member to take a total of 26 work weeks in a single 12-month period to care for a covered service member who suffers a serious injury or illness while on active duty. a. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties. The service member must be undergoing medical treatment, recuperation or therapy, in outpatient status, or on the temporary disability retired list as a result of the line of duty serious injury or illness. 34 City of Brooklyn Center C. Serious Health Condition Federal law defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves either: 1.Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care; or 2.Continuing treatment by a health care provider, which includes: a.A period of incapacity lasting more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also includes: treatment two or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within 7 days and both within 30 days of the first day of incapacity); or one treatment by a health care provider (i.e., an in-person visit within 7 days of the first day of incapacity) with a continuing regimen of continuing treatment (e.g., prescription medication, physical therapy); or b.Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; C. Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence; or d.A period of incapacity that is permanent or long term due to a condition for which treatment may not be effective. Only supervision by a health care provider is required, rather than active treatment; or e.Any absence to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days if not treated. D. Length of Leave The length of FMLA leave is not to exceed 12 weeks in any 12-month period. The entitlement to FMLA leave for the birth or placement of a child expires 12 months after the birth or placement of the child. E.Leave Year The leave year will begin the first day the employee is absent from work on FMLA leave. F.Notice The employee must give the City at least 30 days advance notice if the leave is foreseeable. If leave must be taken in less than 30 days, the employee should give as much notice as is practicable. An employee must submit the leave request in 35 City of Brooklyn Center writing to their department head. The leave must be approved by the employee's department head and the City Manager and is subject to the following provisions and the operating needs of the department. If an employee fails to apply for FMLA the City may declare coverage under the provisions of the law on their behalf. G.Medical Certification The employee must provide a medical certification if the leave is for the serious health condition of a child, spouse, parent or the employee. The employee must provide a medical certification completed by the attending physician or practitioner indicating the need for the leave. Forms are available from Human Resources. The City may require a second or third medical opinion at the City's expense. H.Use of Annual Leave and Sick Leave The employee may choose to use accrued annual leave while on any FMLA leave, but will not be required to do so by the City. Those employees with accrued sick leave banks may choose to substitute sick leave in place of annual leave, or they may choose to supplement their leave with sick-leave hours after their annual leave has been depleted. The use of annual leave and/or sick leave occurs simultaneously with FMLA leave and does not extend the length of FMLA leave. 1. Both Spouses Employed by City Spouses who are eligible for FMLA leave and are both employed by the City may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken to care for the employee's parent with a serious health condition, for the birth of the employee's child or to care for the child after the birth, or for placement of a child with the employee for adoption or foster care or to care for the child after placement. If the leave is for other qualifying reasons, each spouse may take up to 12 weeks of FMLA leave per leave year. The leaves may run simultaneously. J. Continuation of Insurance and Payment of Premiums An employee on FMLA leave may choose to continue existing health-care benefits (health and dental) and life insurance if they so desire. These benefits will be maintained under the same conditions and at the same level of City contribution as before the employee goes on leave. If there are changes to the City's contribution levels and/or premium rates while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of the health-care and/or other insurance coverage they choose to continue. The employee may choose not to retain health-care or other insurance coverage during FMLA leave. When the employee returns from leave, they will be reinstated on the same terms as prior to taking leave, without any qualifying 36 City of Brooklyn Center period, physical examination, exclusion of pre-existing conditions or other requirement. K.Premium Reimbursement The employee will be required to reimburse the City for any premiums paid during the leave if the employee does not return to work, unless the employee cannot return to work due to the continuation of a serious health condition of the child, spouse, parent or employee, or due to other circumstances beyond the control of the employee. L.Effect on Benefit Accrual The employee will not accrue benefits such as annual leave while on unpaid FMLA leave. Step increases will be extended by the length of the leave. M. Key Employees Employees who are not 'key" employees will be reinstated to their same position or an equivalent position upon return from leave with equivalent pay, benefits and working conditions. A key employee is defined as a salaried employee who is in the highest ten percent of all employees within 75 miles of the work site. Key employees may be denied reinstatement to the same or an equivalent position after a leave if denial is necessary to prevent substantial economic injury to the City's operations. 8.19 Leave Extension Request Failure on the part of the employee to request and receive authorization for an extension of leave within three working days of expiration of initial leave is considered as a resignation from employment. 8.20 Reinstatement from Leave of Absence A.An employee returning from leave must notify the employee's supervisor at least two weeks prior to the anticipated return date. B.Upon return from a leave of absence, the employee will be assigned to the previously held position or a position in a comparable class except as herein provided. C.An employee may be returned to employment at any time prior to the expiration of the leave by the action of the City Manager. D.Employees returning from leave will retain all previously accrued benefits of employment and seniority. 37 City of Brooklyn Center SECTION 9 - LIGHT DUTY 9.1 Purpose The purpose of this policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the City Manager on a case-by-case basis. This policy does not guarantee assignment to light duty. 9.2 Policy The City of Brooklyn Center's Light Duty Program is for short-term, temporary disability-type purposes; assignment of light duty is at the discretion of the City Manager. The City Manager reserves the sole right to determine when and if light duty work will be assigned. 9.3 Procedure: Applying for Light Duty Work When an employee is unable to perform the essential requirements of the employee's j ob due to a temporary disability, the employee will notify the City Manager or Department Head in writing as to the nature and extent of the disability and the reason why the employee is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician's report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability including the expected time frame regarding return to work full time with no restrictions, meeting all essential requirements and functions of the City's position description along with a written request for light duty. The City may require an independent evaluation conducted by a physician selected by the City to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions. It is at the discretion of the City Manager whether or not to assign light duty work to the employee. Although this policy is handled on a case-by-case basis, light duty is recommended to last no longer than six months. The circumstances of each disabled employee performing light duty work will be reviewed regularly. 9.4 Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy The city will attempt to provide a female employee who requests reasonable accommodation with the following for her health conditions related to her pregnancy or childbirth: A.More frequent restroom, food, and water breaks; B.Seating; C.Limits on lifting over 20 pounds; and/or D.Temporary transfer to a less strenuous or hazardous position, should one be available. 38 City of Brooklyn Center Unless such accommodations impose an undue hardship on the city, the city will engage in an interactive process with respect to an employee's request for a reasonable accommodation. 39 City of Brooklyn Center SECTION 10- SEPARATION FROM EMPLOYMENT 10.1 Resignation/Termination A.To leave employment in good standing, employees must submit written resignation to the employer. Such written notices must indicate the effective date of resignation and must be submitted at least fourteen (14) calendar days before such effective date. Failure to comply with this procedure may be considered cause for denying future employment by the municipality and denial of benefits. B.Unauthorized Absences. Unauthorized absence from work for a period of three working days may be considered a resignation without benefits. 10.2 Dismissal Because City employees are at-will employees, the City may discharge an employee at any time for any reason, with or without notice. 10.3 Reduction in Force/Lay-Offs The City Manager may lay off any employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, or because of changes in the organization. A full-time benefit earning employee who is laid off from employment shall be provided with a minimum of 14 days advance notice of such layoff or as provided for in any applicable labor agreement. A laid off full-time benefit earning employee shall have the rights to recall to the same position from which the employee was laid off for up to six months (180 calendar days) following the layoff. Part-time, seasonal, temporary, and non-benefit earning employees may be separated from employment at any time, without advance notice and shall have no recall rights. 10.4 Continuation of Benefits upon Separation - COBRA Federal law provides that employees who are actively enrolled in a health plan and who have separated from city service may continue on the city's group health, dental coverage plan and life insurance for up to 18 months. Pursuant to applicable state or federal law requirements, changes in family status, eligibility for Medicare or death of a spouse may warrant continuing coverage for up to 36 months. Continuing coverage premiums must be paid in full by the separated employee, their spouse or dependents, or coverage will lapse. See human resources for plan details. 10.5 Benefits for City Retirees On August 13, 1990, Brooklyn Center City Council adopted Resolution 90-166 establishing Retirement Health Insurance Program. Benefits for City Retirees have continued to be approved by Council through the date of adoption of this document. It is in the best interest of the City of Brooklyn Center that retiring employees have available to them at their option a quality health insurance program. Therefore the City established a Retirement Health Insurance Program as follows: City of Brooklyn Center A.Employees Eligible for PERA Retirement All employees eligible for a PERA pension separating employment from the City shall have the option of retaining membership in the City of Brooklyn Center's employee health and dental insurance plans as specified in MN Statute 471.6 1, subd.2b. Retirees may retain coverage of elected benefits upon prompt monthly payment of the full cost of all applicable premiums. Retirees may retain coverage until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. B.Employees Retiring with Full Unreduced PERA Pension with Continuous Full-time Uninterrupted Service with the City of Brooklyn Center and who were hired on or before January 1, 1992 Employees, on the day of his/her retirement, who meet eligibility requirements for a full-retirement annuity under PERA or PERA Police without reduction of benefits because of age, disability, or any other reason for reduction shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the City will pay the single-person premium until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. If the retiree desires to continue coverage other than single coverage and is enrolled in that coverage at the time of retirement and if such coverage is available under the City's policies, the additional cost for the coverage shall be paid promptly on a monthly basis by the retiree to the City of Brooklyn Center. The City will follow continuation benefits as specified in MN Statute 471.61, subd.2b. In addition, an employee qualifying for this program must have continuous full- time uninterrupted service with the City of Brooklyn Center and be hired on or before January 1, 1992. Employees participate in this program on a voluntary basis. 41 City of Brooklyn Center SECTION 11- TUITION REFUND PROGRAM 11.1 Tuition Refund Regular full-time employees who have passed their initial probation period may be eligible for reimbursement of tuition and required course fees for courses taken for credit through accredited educational institutions. Tuition reimbursement may be approved for courses with the following criteria: A.a college level course available for credit; and B.course is taken on personal time; and C.course is "work related"; and D.grade of "C" or better or "satisfactory" is received upon completion; and E. the training request receives pre-approval and final approval by the City Manager. Full-time employees who have successfully completed probation may be eligible for a 60% reimbursement of books, tuition and required fees upon completion. Employees who have at least five years of consecutive full-time service are eligible for 75% reimbursement. All regular full time employees who are interested in participating in this program must first submit course work to City Manager for pre-approval. Pre-approval forms may be obtained from Human Resources. Employees must obtain pre-approval to ensure they obtain reimbursement through participation in this program. Maximum reimbursement is $1,500 per employee per calendar year; or may be lower due to budget constraints. 42 City of Brooklyn Center SECTION 12 - RECORDS AND REPORTS 12.1 Personnel File The official personnel file for each regular employee is maintained in the Administration office. Data regarding benefits is maintained in a separate file in the Administration office. The employee's personnel file contents are proprietary to the City and the employee may not exercise his/her right to review their file more often than once every six months unless new information has been added to the file. 12.2 Job Descriptions The City Manager, with assistance of human resources and department heads shall establish and maintain ajob description for each position. Job descriptions will be reviewed and revised as needed. Human Resources will maintain the official copy of each current job description for regular positions. 12.3 Performance Reports Department Heads and Supervisors shall conduct performance evaluations with regular employees on an annual basis. Evaluations may be conducted more frequently if an employee's performance is unsatisfactory, there are changes to the position or as determined by the supervisor. Performance evaluations should be discussed with the employee before being submitted to the City Manager. Performance evaluations shall be retained in the employee's personnel file. 12.4 Employee Identification Card Policy All full-time and part-time regular employees out in the field and/or conducting inspections are required to have a City employee identification card. Other employees will be selected as deemed necessary by the department head. Upon termination with the City of Brooklyn Center, employee identification cards must be returned to the appropriate department head/supervisor. 43 City of Brooklyn Center SECTION 13 EXPENSE REIMBURSEMENT POLICY 13.1 Clothing/Foot Protection A.Eligible Employees All full and part time regular and seasonal employees in the work area of government buildings divisions and employees engaged in building inspection and engineering inspection/survey; golf course maintenance personnel as well as all others so designated (excluding IOUE Local #49 employees.) B. Procedure Full-time employees will be reimbursed an allowance of $100 per calendar year for purchase of work clothing, protective clothing, safety jackets or vests, steel toed boots/shoes; uniform or rental of such work clothes for use on the job for the City of Brooklyn Center. The employer will reimburse part-time and/or seasonal employees an allowance of $50 per calendar year for the above listed purchases. The City reserves its right to ensure allowance is used for appropriate work attire. Receipts and description of purchase/rental required prior to reimbursement. Employees who choose to be reimbursed by the City for the optional clothing and/or footwear described above must submit to his/her supervisor a clothing/foot protection reimbursement form and proof of purchase. The supervisor will then submit this documentation to Finance for reimbursement. 13.2 Mileage Reimbursement Personal automobile use for authorized trips, meetings, work, etc., will be reimbursed at the rate consistent with IRS regulations. Mileage reimbursement requests must be in writing and approved by the Department Head. Use of personal vehicle for work purposes must be pre-approved by the Department Head. 13.3 Personnel Expense Reimbursement Moving Expense: The City Manager may approve expenses for actual cost of moving household goods and up to two trips with spouse to look for housing as related to recruitment of Department Head level positions. Travel: Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Brooklyn Center. In order to qualify for travel reimbursement, trips to a destination exceeding 100 miles from Brooklyn Center must have the prior approval of the City Manager. Requests for travel advances intended to defray costs incurred while on a trip and prior to submission of an expense report shall be submitted to the City Manager for approval at least seven days in advance of the trip. Travel advances shall be limited to 90 percent of the estimated expenses for lodging, meals, and other related travel expenses. Costs of transportation and registration shall be advanced in full. 44 City of Brooklyn Center A. A properly verified, itemized expense claim shall be submitted to the City Manager for approval within ten days following the date of return from an authorized trip. Expense claims shall be accompanied by receipts for: 1.Transportation costs to and from the destination via coach, tourist, or economy class transportation. 2.Lodging costs not to exceed a reasonable single-occupancy rate as determined by the City Manager. 3.Conference or meeting registration fees. 4.Any unusual items for which advance approval has been obtained from the City Manager. B. The mode of transportation must be approved by the City Manager prior to any authorized trip. Personal automobile use for authorized trips will be reimbursed at a rate consistent with IRS regulations, or an amount equal to air travel tourist class, whichever is lesser. C.Reimbursement for meals while on authorized travel will be for actual expenditures with a maximum of 85% of the federal per diem rate per day. D.Reimbursement for mileage is intended to include provision for insurance with a reasonable deductible, which for purposes of this policy is assumed to be $500.00. Employees will be reimbursed for verifiable out-of-pocket expenses incurred for claims or damages relating to the use by the employees of their private vehicles on City business in an amount not to exceed $500.00 per occurrence. Reimburse- ment shall be made only for claims for damages arising from occurrences in which the employee is driving his or her car away from City Hall, or the employee's workstation, on City business under circumstances that would qualify for reimbursement for mileage. This paragraph does not limit the obligation of the City to indemnify employees for claims covered by Minnesota Statutes, Section 466.07 or other law. 13.4 Accrual of Benefits for Airline for City Business City employees/officials using City funds, traveling on City business and using commercial airlines cannot claim frequent flyer mileage or any other similar type credit as their own. Employees/officials must certify that they have not claimed frequent flyer mileage or similar such credits for personal use when they apply for travel reimbursement for City trips. Employees/officials are encouraged to obtain a separate frequent flyer card exclusively for City travel. Employees/officials must use frequent flyer tickets earned while traveling on City business for City travel. Employees/officials cannot use frequent flyer miles as reimbursement for City trips. 13.5 City Vehicles Certain employees of the City are required to drive a City vehicle to their home and keep it there while off duty. They must do so to be able to respond to emergency situations. These emergency situations include fire and police protection, civil defense, and restoring 45 City of Brooklyn Center City services such as water, sewer, and streets. It may also be necessary to keep a City vehicle at home for security purposes or other City business purposes. These vehicles must be used for City business use only and cannot be used for the personal use of any employee. Such use is assigned and approved by the City Manager. 46 City of Brooklyn Center SECTION1- PURPOSE .................................................................................................................4 1.1 Purpose.....................................................................................................................4 1.2 Adoption & Amendment..........................................................................................4 .Administration 4 1.4 Savings Clause ......................................................................................................... 4 --------(Formatted:Normal, Indent: First line: 0.5, Li_______________lauseSavings C 4_______I Tab stops: Not at -1.' + -0.5 + 0' + 0.5' + 1.54 Department Rules ........................................................................................ ............. 4 [i + 6.5' 1.6 Application - Positions.............................................................................................4 1.26 At-Will Employment .............................................................................................541.87 Employment Guidelines.........................................................................................541.98 Labor Agreements..................................................................................................541.109 Management Rights .................................................................................................51.11 Work Rules and Policies .......................................................................................... 51.12 Wage Disclosure 5 SECTION 2 - DEFINITIONS........................................................................................................67 SECTION 3- CONDUCT AND ETHICS ................................................................................... 10 3.1_Sex_Harassment ------ f For m atted: Tab stops: 6.5",Right,Leaderual_Harassment_ [Formatted: Normal, Tab stops: Not at -1' +3.21 SexualHarassmentPreventionDrug_&_Alcohol_Free_Workplace..........................IQ 1-0.5'+0'_+0.5"+1"+6.5'9 Respectful Workplace ............................................................................................ 11 3.3Drug and Alcohol Testing ...................................................................................... 12 3.4 Drug Free Workplace.. .................... ..... ... . ...... ....... ................................................. 16 325 Tobacco Use ...................................................................................... . .................. 167 3.46 Gifts and Gratuities..............................................................................................1673.7 Membership on Advisory Commissions .............................................................. 173.86 Firearm Policy......................................................................................................175 SECTION 4- RECRUITMENT/EMPLOYMENT .....................................................................198 4.1 Position Opening Authorization ..........................................................................19 .4.2 Recruitment..........................................................................................................189 4.3 Notification of Appointment................................................................................1894.4 Probationary Period..............................................................................................189 4.5 Dismissal During the Probationary Period ........................................................... 194.6 Benefits During Probationary Period ................................................................... 19 .7_Reference_ Cheeks .19 4.57 Employment of Relatives ................................................................................... 10 4.98 Discipline ........................................................................................................... 1920 44-09 Grievances .......................................................................................................... 1920 4.140 EEO Policy StatementDeclaration_of Affirmative_Action..................................1920 SECTION 5 - WORKSCHEDULES ............................................................................................21 5.1Attendance _____________________________________________________________________________________________________________21 5.2 Flexible Daily Work Hours .............................................................. .... .................. 21 October 2017 May-20 1 7&Neyembee-20O 452353vt MDT BR291-350 City of Brooklyn Center 5.3 Hours of Work. Meals and Breaks .........................................................................21 5.4 Inclement Weather........................................................ .........................................21 Form atted: Normal SECTION 65 - EMPLOYEE COMPENSATION.......................................................................232 56.1 Compensation Plan ..............................................................................................232 56.2 Reclassification/job Analysis ..............................................................................232 56.3 Overtime/Compensatory Time - Fair Labor Standards Act.................................252 56.4 Compensatory Time - Non-Exempt Employees ..................................................252 65.5 General Rules - Overtime/Comp Time................................................................226 65.6 Temporary Fill- In at a Higher Classification ......................................................23 A ------------------------------------------------------------------------------------------ ---------------- ------------------ Formatted: Font: 10 pt Formatted: Normal, Tab stops: Not at -1' +L_t 0" + 0.5" + 1' + 6.5" 2 October 2017 Ma"'-20 I 7éN-o+ember-20Q5 452353v1 MDI BR291-350 City of Brooklyn Center SECTION 67- GENERAL BENEFITS ......................................................................................274 67.1 Health Coverage Cafeteria Benefits PlanEligibility ........................................... 7.2 Health Insurance 274 76.73 Dental Benefits.....................................................................................................274 767-4 Life Insurance.......................................................................................................274 76.45 Deferred Compensation ProgramP.E.R.A.. ..........................................................2 24 246.5 76.6 Deferred Compensation Program. Flexible Benefits Plan............................................................................................27 7.7 P.E.R.A 274 7638 Direct DepositPayroll Saving s .............................................................................274 SECTION 78 - LEAVE BENEFITS - Regular Full-time Employees .........................................28 78.1 Official City Holidays ..........................................................................................28 87.2 Personal Floating Holiday - Regular Full-time Employee .................................28 $7.3 Vacation Leave - Regular Full-time Employees..................................................296 87.4 Sick Leave - Regular Full-time Employees .........................................................296 87.5 Official Record - Sick, Vacation, and Compensatory............................................27 87.6 Workers Compensation.........................................................................................28 87.7 Funeral Leave.........................................................................................................28 87.8 Military Leave for Training Purposes ....................................................................28 87.9 Jury Duty................................................................................................................28 87.10 Bone Mat-row Donation Leave...............................................................................28 87.11 Election Day Leave................................................................................................28 87.12 School Conference & Activities Leave..................................................................29 87.13 Parenting Leave......................................................................................................29 8714 Leave of Absence...................................................................................................29 87.15 Family Medical Leave Act - FMLA.......................................................................29 7.16 Limitation of Grants of Leave without Compensation ..........................................32 87.17 Leave Extension Request.......................................................................................32 87.18 Reinstatement From Leave of Absence .................................................................32 87.19 Inclement Weather.................................................................................................32 SECTION 8-LIGHT DUTY.........................................................................................................33 8 .1 Purpose...................................................................................................................33 8 .2 Policy .....................................................................................................................33 8.3 Procedure: Applying for Light Duty Work...........................................................33 SECTION 9-SEPARATION FROM EMPLOYMENT...............................................................34 9.1 Resignations...........................................................................................................34 9.2 Dismissal................................................................................................................34 9.3 Lay-Offs.................................................................................................................34 9.4 Continuation of Benefits Upon Separation - COBRA...........................................34 9.5 Benefits for City Retirees.......................................................................................34 9.6 Retiree Health Savings Plan (RI-ISP) .....................................................................36 SECTION 10- TUITION REFUND PROGRAM.........................................................................39 October 2017 M-201 76Neemlef-2P0 452353v1 MDI BR291-350 City of Brooklyn Center 10 .1 Tuition Refund ....................................................................................................... 39 4 October 2017 September M-20 I 7éNembef-2005 452353v1 MOT BR291-350 City of Brooklyn Center SECTION 11 - RECORDS AND REPORTS............ 11.1 Personnel File..................................... 11.2 Job Descriptions................................. 11.3 Performance Reports.......................... 11.4 Employee Identification Card ............ SECTION 12- EXPENSE REIMBURSEMENT..........................................................................41 12.1 Clothing/Foot Protection Reimbursement .............................................................41 12.2 Mileage Reimbursement ........................................................................................41 12.3 Personnel Expense Reimbursement.......................................................................41 12.4 Accrual of Benefits for Airline For City Business.................................................42 12.5 City Vehicles..........................................................................................................42 40 40 40 40 40 5 October 2017 September Ma-201 7Nembee-2O5 452353v1 MDT BR291-350 City of Brooklyn Center SECTION 1 - PURPOSE 1.1 Purpose The purposeof these policies is to provide a uniform, comprehensive and efficient system of personnel administration and policies for the City of Brooklyn Center. 1.2 Adoption & Amendment These policies and regulations were prepared and recommended by the City Manager in accordance with the administrative codepersonnel ordinance. The City of Brooklyn Center reserves the right to unilaterally modify the personnel rules, policy and administrative codeordinance. 13 Administration Personnel polices are administered by the City Manager who is directly accountable to the City Council. The City Manager may establish administrative policesand rules as may be appropriate to administer the employment practices of the City. The City Manager is also responsible for administration of personnel policies adopted by Council. The Manager is directed to develop and provide the necessary forms. procedures. and instruction for the implementation of policies. The City Manager has the authority to interpret, develop. change, add and delete policies. The City Manager shall make every appointment toa position of City employment, except when state law. City Charter or ordinance otherwise provides. Each appointment shall be based on merit and qualifications for the position as determined by the City Manager. Except as otherwise provided by state law. City Charter. or ordinance, the City Manager or designee shall make all decisions recardino discipline of City employees, including suspension and termination. I 1.43 Savings Clause If a personnel regulation is held invalid by judicial or legislative action, the remainder of these rules will not be affected. -f Formatted: Font: Bold [matted: Indent: Left: 0', Hanging: 0.5" 1.45 Department Rules In accordance with these policies-Rules, each dDepartment hI=Iead may establish written departmental rules of procedure that do not conflict with these regulations.—.t-To cover unique circumstances. Departmental rules and/or policy must be approved in writing by the City Manager prior to implementation. 1.56 Application - Positions Unless otherwise indicated herein. Aall employees (regular full and part-time), offices and positions with the City in the municipal employ, new existing or hereafter created, will be-are subject to the provisions of thesepolicies regulations except the following: Aa. Elected officials f Formatted: Indent: Left: 0', First line: 0" - Bb. Members of appointed boards and commissions fFormatted: Indent: Left: 0" Ce. Volunteer-membcrs of the Fire Department ask? fmatted: Indent: Left: 0", First line: oj El. City Manager 6 October 2017 SeOtembeF 4ey-201 76Neissbee-2OQ 452353v1 MDT BR291-350 City of Brooklyn Center _e. City Attorney _______fEe. Persons engaged under contract to supply expert, professional, technical, or any othei- -------[Formatted: Indent: Left: 0", Hanging: 1" services gF 4'. Other positions so designated .- -------[Formatted: Indent: Left: 0", First me: 0" ] 1.67 At-Will Employment All City employees are hired on an at-will basis, which means that the employer can discharge an employee at any time for any reason, with or without notice, and the employee can resign at any time for any reason. with or without notice. 1.78 Employment Guidelines These policies rules and regulations are guidelines for the City and its employees regarding City employment, ItT-hey does not constitute an employment contract. The City reserves the right to change any personnel policy at any time at its discretion. 1.98 Labor Agreements With respect to employees whose positions are included in a collective bargaining unit, provisions of the applicable collective bargaining agreements negotiated pursuant to the Public Employment Labor Relations Act MS 179A.01-1 79A.25, supersede these policies rules and regulations on any subject area covered by both the collective bat -gaining agreement and these policiesrulcs and regulations. The City Manager is signatory to any collective bargaining agreement applicable to employees covered. I 1.109 Management Rights The City, through the City Manager, retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by current collective bargaining agreements, these regulations, and City Council resolutions. 1110 Won' Rules and Policies .--f Formatted: _Font: Bold These policies describe work conducted expected of all City of Brooklyn Center -.fafted: Indent: Left: 0" employees. These may be expanded upon or modified from time-to-time as deemed -.'fFormatted: Font: Bold appropriate by the City Manager. Such additional or modified work rules or policies Will '[Formatted: Indent: Hanging: 0.5" be communicated to employees. No attenint has been made here to address all possible work situations or to identify every possible form of employee misconduct. Employees of the City of Brooklyn Center are expected to exercise reasonable and proper judgment in all aspects of their employment and to conduct themselves in a responsible. business-like manner at all times. Conduct that has a negative effect upon the City, or its safe and productive operation, or other persons. is prohibited. 7 October 2017 May-20 I 76November 2005 452353v1 MDT BR291-350 City of Brooklyn Center 1.1247 Wage Disclosure the Minnesota Wage Disclosure Protection Law. employees have the right to te_Ijnder Formatted: Font: 12 pt any person the amount of their own wages. While the Minnesota Government Data formafted: Indent: Left: 0.5" Practices Act (Minn. Stat. *13.43). specifically lists an employee's actual gross salary and salary range as public personnel data. Minnesota law also requires 'ace disclosure protection rights and remedies to be included in employer personnel handbooks. To that -----fFormatted: Font: 12 pt e.enand in accordance with Minn. Stat. *18-----2. employers may not:------[orn1atted: Font: 12 Pt -A.—---{ Formatted: Font: Times New Roman, 12 pt employment.Formatted: Indent: Left: 0.5", Hanging: 0.5", B.Require an employee to sian a waiver or other document which purports to deny Numbered + Level: 1 + Numbering Style: A, B, ane employee the right to disclose the employees vaaes. C, ... + Start at: 1 + Alignment: Left + at: 0.5' + Indent at: 0.75" C.Take any adverse employment action aeainst an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. D.Retaliate acainst an employee for asserting rights or remedies under Minn. Stat. §181.172. subd. 3. The city cannot retaliate against an employee for disclosing his/her own wages. An employee's remedies under the \Vaae Disclosure Protection Law are to brine a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry at (651) 284-5070 or (800) 342-5354. fFormatted: Font: 12 pt f Formatted: Indent: Left: 0.5" 8 October 2017 I 76Novembei4Od 452353v1 MDT BR291-350 City of Brooklyn Center SECTION 2- DEFINITIONS Unless otherwise indicated, the following words and terms have meanings indicated below: Appointing Authority— The City Manager or other City employee to whom the Manager has delegated authority to appoint personnel Appointment- nA regular assignment to a paid position in the City service. City— The City of Brooklyn Center. {i'ormatted: Indent: Left: 0' - fFormatted: Font: Not Bold + ------ i Formatted: Indent: Left: 0" -- fFor matted; Font: Bold -- [Formatted: Indent: Left: 0" f Formatted: Indent: Left: 0" Days— {Formatted: Indent: Left: 0" Calendar day; including Saturday, Sunday, and holidays unless otherwise specified. hour period, unless othenvise pecifie --{Comment [Al]: This is addressed in the definition 1 oforkday". Demotion—a f Formatted: Indent: Left: 0" A change of an employee's status from a position in one job class to a position in another job class with less responsible duties and could result in a lower salary range. Department Head— -..-{Formatted: Font: Bold Those who are responsible for management of a department as determined by the City Manager. f Formatted: Indent: Left: 0" City Charter or ordinance. Employee— ..-.....--[Formatted: Font: Bold A person holding a paid position in the City service. Formatted: Indent: Left: 0' Formatted: Font: Bold EmBloyment .. Formatted: Font: Bold A.Regular --------Formatted: Indent: Hanging: 0.5", Numbered R—refers to employees who have successfully completed their probationary period of + Level: 1 + Numbering Style: A, B, C, ... + employment with the City. These employees may work varying numbers of hours per Start at: 1-AIignment: Left+ Aligned at: week and they are regularly scheduled for a set number of hours per week. The work they [Formatted: Indent: Left: 0.75 perform is of an on -going nature as approved by the City Manager ..' .{_Formatted: Font: Bold ,r'-- Formatted: Indent: Hanging: 0.5" NumberedB.Regular Full-time--- -" + Level: 1 + Numbering Style: A, B, C, ... + An employee in a position classified to work a 40-hour workweek and was hired for an Start at: 1 + Alignment: Left + Aligned at: indefinite service duration approved by the City Manager 0.25 + Indent at: 0.5 - ------ {Formatted: Indent: Hanging: 0.5" Forma ed. Indent: Hanging: 0.5", Numbered + Level tt : 1 + Numbering Style: A, B, C, ... +C. Regular Part-time -Startat: 1 + Alignment: Left+ Aligned at: —An employee in a position classified to work less than 40 hours per week on a regular N, 0.25" + Indent at: 0.5" -{ Formatted: Font: Bold 9 September Mey-201 76Neabee-O5 452353s'l MDT BR29I -350 City of Brooklyn Center basis for an indefinite service duration approved by the City Manager. Regular part time employees are not eligible for benefits. D.Non-re2u lar —fRefers to employment in the following categories: temporary, seasonal, student or intern. Non-regular employees are not eligible for City employee benefits. E.Temporary Full-time— An non benefit earning employee who works a 40 hour workweek, whose employment is ' limited by duration of a specific project or task: temporary employees may not be appointed for a period to exceed 24 consecutive months. F. Temporary Part-time— An non bene -earn-' employee who works less than a 40-hour work week and whose employmentis limited by duration of the specific project or task, not employees may not be appointed for a period to exceed 24 consecutive months. C. Seasonal— .-. N. An non benefit earning employee who works for a limited duration (100 days ores position(s) that do not extend for one complete year to conduct seasonal work. Seasonal employees are typically hired for program or project- based seasonal activities. U. Student or Intern —An non benefit earning employee who is enrolled full-time in a public, non-profit or private educational institution or who has completed such course work. The work schedule of the student or intern will be developed by the City Manager or department head based on the needs of the department and the educational requirements. Students or interns may work on a part-time or full-time basis or both without a limitation on the length of employment but typically not more than two year 1. Probationary Employee—Anemployeea An employee, who is serving a probationary period in a position which the employee was appointed, promoted, demoted, reclassified or reinstated. FLSA —Fair Labor Standards Act which is a federal law regarding minimum wage and overtime compensation, classifying positions as exempt or non-exempt, A. nA. _Exempt Employee.—e - Employee specifically exempt from the overtime compensation provisions of the state or federal applicable FLSA (Fair Labor Standards Act) legislation-as defined and limited by administrative rules and regulations; these employees generally have as their primary duty management, administration, or work of a professional nature. Formatted: Indent: Hanging: 0.5', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25' + Indent at: 0.5" Formatted: Indent: Left: 0.5', Hanging: 0.5" Formatted: Font: Bold Formatted: Indent: Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C,... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Font: Bold Formatted: Indent: Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Font: Bold Formatted: Indent: Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left -4- Aligned at: 0.25" + Indent at: 0.5" Comment [A2]: See PELRA requirement for seasonal en,ptoyees Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Bold Formatted: Indent: Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C_, + Start at: 1 + Alignment: Left + Aligned at: 0.25' + Indent at: 0.5" Formatted: Indent: Left: -0.5", Hanging: 0.5" Formatted: Font: Bold Formatted: Indent: Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0" Formatted: Font: Bold - Formatted: Indent: Left: 0" Formatted: Font: Bold Formatted: Indent: Left: -0.5", Hanging: 0.5 '.----[Formatted: Font: Bold Formatted: Font: BoldINNon-exeinpt---e .-;/.formatted: Indent: Hanging: 0.5" ---fFopiatted: Font: Not Bold 10 October 2017 - September 201 7Ne-embec-20QA 452353v1 MDI BR291-350 City of Brooklyn Center Employees who are entitled to a minimum wage and overtime compensation pursuant to state or federal applicable fFairlLaborsStandards Act. legislation (FLSA). Immediate Family— The immediate family includes the following individuals of the employee and the employee's spouse: mother, father. siblings, spouse. children and grandparents unless specifically stated otherwise. Layoff— A separation of employees necessitated by lack of work, lack of funds, the abolition of a position. organization change. or any other management reason. lilitarv Leave— -{_Formatted: Font: Bold The leave of absence grantedby state law to employees entering active dub' in the armed forces of the United States. ,Overtime— {_Formatted: Font: Bold All hours actually worked in excess of 40 by a regular non-exempt employee in a workweek consisting of seven consecutive days (168 hours,) Definition does not include public safety positions. Position—a .- ------I Formatted: Indent: Left: 0 A group of current duties and responsibilities requiring the full-time or part-time employment of one person. Regular Full Time an employee in a classified position who works a 10 hour work week and was hired for a sen-ice duration in ccess of 12 months and has successfully empleted the probationary pei4ed- irit f1ll!i! MIWWI!llI liIrI1iiILU 4 JJIL11 1iWIIiKflhI1JIIPi - Temporary Full Time an employee who works a 10 hour work week whose employment is limited by duration of a specific project or task; temporary employees serve at the will of the City Manager. .... ......... mile LghJr '•-' Probationary Employee an employee who is sering a probationary period in a position to or from which the employee was appointed, promoted, transferred, demoted, reclassified orkcinstate4------------------------------------------------------------------------------------ 11 October 2017 -- - I Comment [A3]: Duplication of above defio] --- [Formatted: Indent: Left: 0.5", First line: 0" 4a3201 76Nevember 2005 452353v1 MDT BR291-350 City of Brooklyn Center Probationary Period----a --Formatted: Indent: Left: 0" A six to twelve month working trial period. Promotion— + ----[ormatted: indent: Left: 0" A change of an employee from a position of one job class to a position of another job class with more responsible duties and a higher salary range. Reclassification—a fFormatted: Indent: Left: 0" A change in classification of an individual position by raising itto a higher job class, reducing it to a lower job class, or moving it to another class at the same level on the basis of significant changes in kind, difficulty or responsibility of the work performed in such a positionas approved by the City Manaoer. Veteran—a Formatted: Indent: Left: 0" A person defined as a veteran by Minnesota Statutes, Section 197.447. Veteran's Preference-4 - -----fEormatted: Indent: Left: 0 The preference granted to veterans by Minnesota Statutes., Sections 13A.1 1 and 197.181. orkday—g -{JFormafted:_Font: Bold Eiht (8) hours. to be used for full time calculation of benefits. leave. etc. unless otherwise specified. ------Formatted: Indent: Left: 0.5' 12 October 2017 September Ma"'-201 76Neemei400 452353v1 MDT BR291-350 City of Brooklyn Center Formatted: Indent: Left: 0.5" 13 October 2017 —Icrnber M-2O I 76Neen4neF-2-0Q 452353v1 MDT BR291-350 City of Brooklyn Center ed: Indent: Left: 0" 14 October 2017 Ma-201 7Noembee-2095 452353v1 MDT BR291-350 City of Brooklyn Center Septeffief Mo-2Ol 76Neier4O€5 452353v1 MDT BR291-350 City of Brooklyn Center SECTION 3- CONDUCT AND ETHICS 3.1 Sexual HarassmentPrevention This sexual harassment policy applies to all officials and employees of the City including regular full-time and regular part-time employees, elected and appointed officials, temporary, seasonal and non-regular employees, employees covered or exempted from personnel rules or regulations, and independent contractors and consultants. Sexual harassment is a form of sex discrimination prohibited by state and federal law. Employees have the right to a workplace flee of sexual harassment. The City will not tolerate sexual harassment of its employees by anyone including- supervisors, other employees, officials or citizens. Persons harassing others will be promptly and firmly disciplined. All personnel must become familiar and comply with this policy. tA. Definition of Sexual Harassment Sexual harassment includes, but is not limited to, unwelcome sexual advances, request for sexual favors, sexually motivated physical contact, or communication of a sexual nature when: al. Submission to such conduct is made either explicitly or implicitly a term or condition of employment or public service; b. Submission to or rejection of such conduct by an employee is used as the basis for an employment decision such as promotion, assignment, demotion, discipline, or discharge; €3. Such conduct has the purpose Th effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. B. Examples of Sexual Harassment Behavior that could be consideeed-sexual harassment may include, but is not limited to: al. Verbal harassment (e.g., sexually-oriented comments, innuendoes, or derogatory remarks); b2. Physical harassment (e.g., unwelcome touching, gestures, assault, impeding one's movement or other physical contact that an employee finds offensive); €3. Visual forms of harassment (e.g., derogatory posters, letters, poems, graffiti, cartoons or drawings); or d4. Requests for sexual favors or unwelcome sexual advances. 3C. Reporting Procedure Employees who believe they have experienced sexual harassment or who know of conduct they believe might constitute sexual harassment toward an employee, are required to report it to their supervisor or department head, the Human Resources Director Assistant City Manager or the City Manageror designee for gender 16 October 2017 September Mav-201 76Nembec2Q0 452353v1 MDT BR291-350 City of Brooklyn Center inclusion representation. The Supervisor ora Department Head who receives the report should inform the Human Resources Director Assistant City Managcr or the City Manager in confidence as soon as possible. If any employee directly receives an oral or written complaint from an alleged victim of sexual harassment, he or she must immediately forward the complaint to the Human Resources Director Assistant City Manager or the City Manager or direct the alleged victim to report the incident. Failure to forward a report of alleged sexual harassment to the appropriate person could result in disciplinary action against the person who neglected to make the report. 41). Investigation and Recommendation Upon receiving any report alleging sexual harassment, the Human Resources Director Assistant City Manager or City Manager will conduct an investigation. To the extent possible, the allegations and investigation will be kept confidential. An alleged victim may have a staff person of the same gender present during all contacts with the Human Resources DirectorAssistant City Manager. The alleged victim and any witnesses may be asked to put their reports in writing. If the facts are found to support the allegations, the harasser will be subject to disciplinary action up to and possibly including immediate termination depending on the circumstances and severity of the harassment. The Human Resources Director Assistnnt City Manager may report on the investigation and its results to the City Manager. The City will keep a complete record of the nature of the complaint, its investigation and its resolution. Pending completion of the investigation, the designated personnel representative may take any appropriate action necessary to protect the alleged victim, other employees, or citizens. Anyone who makes a false complaint of sexual harassment or anyone who gives false information during a sexual harassment investigation could also be subject to disciplinary action up to and including immediate termination. The City may also discipline any individual who retaliates against a person who tcstifies,testifies. assists or participates in any manner in a sexual harassment investigation. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. .2 Respectful Workplace - This policy is to maintain a respectful work and_public-service environment free from violence and other offensive or degrading remarks or conduct. The City will not tolerate such behavior by or toward any employee or official. Any employee or official of the City who engages in such behavior is subject to consequences. A. Definition oflnappropriate Workplace Conduct 17 October 2017 Formatted: Indent: Left: 0' f Formatted: Font: Bold [Formatted: Indent: Left: 0', Hanging: 0.5" ] [Formatted: Indent: Flanging: 0.75", Numbered + Level: 1 + Numbering Style: A, B, C ... + Start at: 1 + Alignment: Left + Aligned at: 1' + Indent at: 1.25" May-20 l76Novernber 2005 452353v1 MDT BR291-350 City of Brooklyn Center All employees and officials are prohibited from engaging in behavior that Formatted: Indent: Left: 1" interferes with a professional. productive, respectful working environment. including behavior that is disrespectful, obscene, inappropriate, violent or offensive. Prohibited behavior includes, but it not limited to: Offensive. disrespectful. or obscene remarks about or conduct relating to -f Formatted: Indent: Hanging: 0.5" another employee or member of the public: 2.Behavior that includes the use of physical force or intimidation when the impact causes physical or emotional pain. fear. or hurt or a reasonable fear of the same: 3.The abuse of power or authority, including verbal abuse, toward other employees or members of the public: 4.Making threatening remarks. swearing or gestures 5.Intentionally damaging or threatening to damage employer property or the propem' of another employee. or member of the public: 6. Deliberate or careless conduct endangering the safety of other employees. B. Reporting a Complaint 1. City employees and officials should report concerns or complaints about inappropriate workplace conduct to their Supervisor. the Human Resources Director. or the City Manager, Formatted: Indent: Hanging: 0.75", Numbered + Level: 1 + Numbering Style: A, B, . C, ... + Start at: 1 + Alignment: Left + Aligned at: 1"+ Indent at: 1.25" 'f Fo rmatted: Indent: Left: 1", Hanging: 2.Supervisors must report concerns or complaints about inappropriate workplace conduct to the Human Resources Director or the City Manager. 3.Depending upon the nature and seriousness of the allegation or complaint. the Human Resources Director or City Manager will determine the scope of any investigation or follow-up procedures. 4.Individuals found to have violated this policy may be subject to discipline. Lip to and including dismissal. 5.No retaliatory action will be taken against any person who makes a complaint about or reports inappropriate workplace conduct.f ormatted: Indent: Left: 0" 3.23 Drug and Alcohol Testing— OL-YOFCITYo1ii–o.-ci',. It is the City's policy to provideadrug-free. safe, and secure work environment. No employee may be under the influence of. use, manufacture. possess, sell, or transfer drugs or alcohol while the employee is working. on City property. or operating a ON vehicle, machinery. or equipment. except to the extent authorized by a valid medical prescription. This Policy shall be inter p reted consistently with Minn. Stat. Sec. 181.950 el seg. and applicable federal law A. REPORTINCeporting -fFor matted: Font: 12 pt f Formatted: Font: 12 pt - -- - Formatted: Font: Not Bold, Condensed by 0.15 pt Formatted: Left, Indent: Hanging: 0.5", ' Numbered + Level: 1 + Numbering Style: A, C, ... + Start at: 1 + Alignment: Left + Aligned at: 1"+ Indent at: 1.25" 18 October 2017 September Muy-20 I 7éNeenbee40P5 452353vI MDT BR291-350 City of Brooklyn Center Employees must report. to their department head, any conviction under a criminal drug statute for violations occurring on or off work premises during the employees workday or while conducting City business. A report of the conviction must be made within five days after the conviction as required by the Federal Drug-free Workplace Act of 1988. -- I Formatted: Left, Indent: Left: V -{ Formatted: Left 1 * ------ Formatted: Left, Indent: Hanging: 0.75, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned B.-TYPES-OF-T-E-ST-1-NGypes of Testing Any departmcnt hcad? or t at: V+ Indent at: 1,25" The City Manager or Human Resources Director may order the drug and alcohol Formatted: Highlight testing.All employees and job applicants are subject to drug and alcohol testing Formatted: Left, Indent: Left: 1' in the following circumstances: * ------Formatted: Left Aai.Job Applicant Testing --------formaue:Font: Bold 1 The City may require that all applicants who have received conditional 'Formatted:No underline offers of employment undergo drug and alcohol testing. If the offer of Formatted: Left, Indent: Left: 0', Hanging: conditional employment is subsequently withdrawn, the City will notify L1 the applicant of the reason for the withdrawal. -------{Formatted:Left b2.4Routine Physical Examination Testing f Formatted: Left, Indent: Left: 0", Hanging: Any employee may be required to undergo drug and alcohol testing as part of a routine physical examination. The drug or alcohol test will be ".,f Formatted: Font: Bold requested no more than once annually and the employee will be given at IFormatted:_No underline least two weeks' written notice that the test shall be required as part of the examination. Formatted: Left -Tçtin p Formatted: Font: Bold by drug or alcohol usage would threaten the health or safety of any person Formatted: No underline may be required to undergo random drug and alcohol testing. In addition."f Formatted: Left, Indent: Left: 0", Hanging: employees who are reqLlired to have a commercial driver's license, are L 1.5" subject to random testing as required by federal law.f Formatted: Left ,4d-D.Reasonable Suspicion Testing fFormatted: Left, Indent: Left: 0", Hanging: Any employee may be required to undergo dl -Ug and alcohol testing ifthere is a reasonable suspicion that the employee: (a) is tinder the influence of [Formatted, Font: Bold drugs or alcohol: or (b) has engaged in the use. possession. sale, or transfer 'f_Formatted:No underline of drugs or alcohol while the employee is working or while the employee is on City property or operating a City vehicle, machinery, or eqLupment: or (C) has sustained a personal injury arising out of and in the course of employment, or caused another person to sustain a personal injury: or (d) has caused a work-related accident or was operating or helping to operate machinery, equipment. or vehicles iflvolved in a work-related accident. 19 October 2017 Mav-201 761,1ovemher 2005 452353v1 MDI BR291-350 City of Brooklyn Center -------f_ormatted: Left e5ETreatment Program Testing, ----_-fFormatted: No underline Any employee may be required to undergo drug and alcohol testing if the N . 'fFormatted: Left, Indent: Left: 0", Hanging: employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment Formatted: Font: Bold program under the City insurance, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two veal -s following completion of any prescribed chemical dependency treatment program. C.-TESTING LABORTORYesting Laboratory A laboratory meeting all requirements of state law, including those set forth in Minn. Stat. Sec. 181.953. shall handle all drug and alcohol testing. D.-RIGHTS OF EMPLOYEES AND JOB APPLICANT-Sights of Employees and Job Applicants Before undergoing drue or alcohol testing, the employee or lob applicant shall complete a form provided by the City (1) acknowledging that the employee has seen a copy of the City's drug and alcohol policy, and (2) indicating consent to underco the drug and alcohol testing. 2.If an employee or applicant tests positive for drug use, the City will give written notice of the right to explain the positive test. The City may request that the employee or applicant indicate any over-the-counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result. 3.Within three working days after notice of a positive test result on a confirmatory test. the employee or applicant may submit information to the City to explain that result or may. request a confirmatory retest of the original sample at the employee's or the applicant's own expense. If the confirmatory retest does not confirm the original positive test result. the ON will not take any adverse personnel action against the employee or applicant based on the original confirmatory test and will reimburse the employee for the expense of the retest. 4. An employee or job applicant has the right to request and receive from the City n cony of the test result renort on any drug or alcohol test. frmatted: Left Formatted: Left, Indent: Hanging: 0.75', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 1' + Indent at: 1.25', Tab stops: Not at 1" Formatted: Left Formatted: Left, Indent: Hanging: 0.75, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 125" Formatted: Left, Trident: Left: 0", Hanging: 1.5" ------- {ormatted: Left E. NOTICE OF TEST RESULTSotice of Test Results j' Formatted: Left, Indent: Hanging: 0.75", Within three days after receipt of a test result report from the testing laboratory. .. I Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned the City shall provide to the employee or job applicant a written report indicating: ', at: 1" + Indent at: 1.25" (1) a negative test result on an initial screening test or of a negative or positive test '(Formatted: Left, Indent: Left: 0.75", Hanging: result on a confirmatory test, and (2) the right to request and receive a copy of the test result report. 20 October 2017 Me',20176November 2005 452353v1 SLOT BR291-350 City ofBrookl)ni Center In the case of a positive test result on a confirmatory test, the City shall also inform the employee or applicant in writing of the right to explain the result (identified in section Rights of Employees and Job Applicantsb. para. B of this policy: an employee's rights under section Discipline of this policy: or. in the case of lob applicant, that the job offer will be withdrawn. f'tted: Left Formatted: Left, Indent: Left: 0", Hanging: F.ON-FI-RMAT-ORY--RET-ESTSonfirmatory Retests An employee or job applicant may request a confirmatory retest of the original sample at the employee's or job applicant's own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the employee or applicant shall notify the City in writing of the intention to obtain a confirmatory retest. Within three working days after receipt of the notice, the City shall notify the original testing laboratory that the mioyee or applicant has requested the laboratory to conduct the confirmatory retest or transfer the sample to another laboratory to conduct the confirmatory retest. The original testing laboratory shall ensure that the chain-of-custody procedures in state statute are followed during transfer of the sample to the other laboratory. The confirmatory retest must use the same drug or alcohol threshold detection levels as used in the original confirmatory test. If the confirmatory retest does not confirm the original positive test result. no adverse personnel action based on the original confirmatory test may be taken against the employee or job applicant.- f Formatted: Left G.RCHT TO REFUSE TESTING AND CONSEQUENCES1ght to f Formatted: Left, Indent: Hanging: 0.75", Refuse Testing and Consequences -Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: I + Alignment: Left + Aligned Employees and job applicants have the right to refuse to undergo drug and alcohol.'-. tat: l"+ Indent at: 1.25" testing. However, failure to comply with the City's drug and alcohol policy, and [Formatted: Font color: Brown refusal to take a drug and alcohol test upon request shall subject an employee to 'f Formatted: Left, Indent: Left: 1" discipline, including discharge. If an applicant refuses to test. the job offer will immediately be withdrawn. + -------Formatted: Indent: Hanging: 0.75', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" 21 October 2017 f Formatted: Left Formatted: Left, Indent: Hanging: 0.75", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 1"+ Indent at: 1.25' fFormatted: Left, Indent: Left: 0.75", Hanging: 0.25' Mm'-20 I 76N-ev'ember-2QQ 452353v1 MDI BR291-350 City of Brooklyn Center H. DiSCiPLiNEiscipline. 1. The City may not discharge, discipline, discriminate against or request ot require rehabilitation of an employee on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. 2.An employee who has a positive test result on a confirmatory test. when this is the first such result for the employee, will be subject to discipline but shall not be discharged unless (1) the employee has been given an oppoimnitv to participate in either a drug or alcohol counseling or rehabilitation program. whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. and (2) the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program as evidenced by withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program. 3.The City may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and. if requested. the confirmatory retest, if the City believes that it is reasonably necessary to protect the health or safety of the employee. coemployees. or the public. An employee who has been suspended without pay will be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. 4.The City will not discharge. discipline, discriminate against, or request or require rehabilitation of an employee on the basis of medical history information revealed to the City pursuant to section Rights of Employee and Job Applicant-'V4 of this policy unless the employee was under an affirmative duty to provide the information before, upon. or after hire. Formatted: Left, Indent: Hanging: 0.75", Numbered + Level: 1 + Numbering Style: A, B, + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25", Hyphenate, Allow hanging punctuation, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Font Alignment: Auto, Tab stops: Not at -0.5" + 0" + 0.5" + 1" Formatted: Left 22 October 2017 May-20! 76Neme-200S 452353vI MDT BR291-350 City of Brooklyn Center 1. DATA PRIVACYata Privacy [Formatted: Left, Indent: Hanging: O75fl ITest results and other information gathered u Numbered + Level: 1 + Numbering Style: A, B,nder this policy will be treated as I c, + Start at: 1 + Alignment: Left + Aligned private data on individuals. Positive results will be disclosed to the employee, the ", rat: 1" + Indentat: 125" employee's Department Head and the City AdministratorManacer. Results will '[Formatted: Left, Indent: Left: 1" not be disclosed to others unless requested in writing by the employee or required by law. Left 3.4 APPEAL PROCEDURESppcaI Procedures. [The cii" is not required to hate an appeal procedure, but must state what the procedure is if it decides to male on available.] 4- ------ {ormatte: Indent: Left: 0", First line: 0" —i Drug and Alcohol Free Work Place Employees to to time inare required report work on condition for determined by theirwork as supervisor. and appropriate mental and physical No be the influence of any drug or the isalcohol while employee employee shall under in the business the Cit',.engaged conducting of or the is thewhile employee operatinc cmplovcr's the is thewhile employee on employer's premises vehicle. nachiner',' or equipment, working or the to themachinery or equipment, except extent or operating employer's \'ehiele, byauthorized a valid medical prescription. Violations of this policy will result in disciplinal3' action, up to and including termination, and may have legal consequences. -- - f Formatted: Indent: Left: 0" 1. Drug and Alcohol Testing * ------{ Formatted: Indent: Left: 0", First line: 0" a.Purpose This policy is to provide for the testing of employees and job applicants in conformance with the --------[Formatted: Indent: Left: 0" requirements of N04 Statutes Sections 181.950 181.957. b.Scope 4 ------{ Formatted: Indent: Left: 0", First line: 0" This drug and alcohol testing policy applies to all employees of the City 4 ------formatte: Indent: Left: 0" 23 October 2017 Sctcmbcr Ma''-201701pvember 2005 452353v1 MDT BR291-350 City of Brooklyn Center - - -[Formatted: Indent: Left: 0", First line: 0"IFormatted: Indent: Left: 0" [rmatted: Indent: Left: 0", First line: 0" j :ijipiiii1i11I1JUi1Jll 1HU1 IøJftITlldM1MMMILlLL1LLJJIJJ1UIiflIJ*11uJ1Ti$1U - I LI_I-P&1 - .... -!JWI1JPIUi - ________ 1i1il II f1JllI uu!urii1llJ 11111 I11LImflI!EII11LIIFJJ Iifl1 Willilfi (101 1*J!lliJM$11 *IIHI1J1 OJl11E TI IJ*II$I$J hulL MifW 1JJJiJ1lh.IIIV - 11. Safety sensitive position A job, including any supervisory or management position, -in which an impairment caused by drug or alcohol person. usage would threaten the health or safety of any drugof a or alcohol at or above the le"el of a15. Under the influence Having the presence pose- test-result. 24 October 2017 May-20 I 76Novcrnbcr 2005 452353v1 MDI BR291-350 City of Brooklyn Center d. Circumstances under which testing may occur: { Formatted: Indent: Left: 0", First line: 0" Any-employee 3i-job applicant ofthe City may be tested under the following,circumstance:--1 ,---- Comment [A4]: The City does not dorandeu, t estin g' 1.Job 4pp1ieam . 'f Fo rmatted: Indent: Left: 0" A job applicant may be requested or required to undergo drug and alcohol testing after ajob offer-- jrmatted: Indent: Left: 0", First lice: 0" has been conditionally made and before commencing employment in the position. Ifa job offer Formatted: Indent: Left: 0" i-s--withdrawn. the City shall inform the applicant of the reasons for its actions. Alcohol testing will--not be a part of a post offer pre employment physical examination. 2.Ti-catinent Progiain Testing .f Formatted: Indent: Left: 0", First lice: 0" ] The City may test any employee referred by the City for chemical dependency treatment or - ------ {Foimatted: Indent: Left: 0" 7 evaluation at any time and without prior notice during the period of treatment or evaluation and for up to two (2) years following completion of any prescribed chemical dependency treatment or evaluation program in accordance with Minnesota Statutes 181.951, Subd.6. 3. Reasonable Suspicion Testing 4 ------{ormatted: Indent: Left: 0", First lice: No employee will be tested for drugs or alcohol under this policv'vithout the person 's consent. Formatted: Indent: Left: 0" Ifi however, the City asks an employee to undergo a drug or alcohol test and the empleyee refuses, the employee ma)' be subject to disciplinary action. The City may request or require an employee to undergo drug or alcohol testing if the employer f_Formatted; Indent: Left: 0' has a reasonable suspicion that the employee: a. is under the influence of drugs or alcohol; + ----I Formatted: Indent: Left: 0', First line: 0" ] b-i------ has violated the employer's written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol while the employee is on the employer's premises or operating the employer's "chicle, machinery, or equipment; c.has sustained or caused another person to sustain a work related personal injLu'y-eF d.has caused a work related accident or was operating or helping to operate machinery, equipment, or vehicle involved in a work related accident. 25 October 2017 Ma','-20 I 76Neeeber-2O 452353v1 MDT BR291.350 City of Brooklyn Center e.Criteria for Selecting Testing Laboratories When an employee or job applicant is to undergo drug or alcohol testing, the testing laboratory - -[atted: Indent: Left: 0' shall be certified and accredited to meet the criteria in accordance with Minnesota Statutes 151.953, Subd-1- f.Refusal to Undergo Testing - ----- Jnatted: Indent: Left: 0, First line: 0" L Job Applicants Job applicants may refuse to undergo drug testing. However, if a job applicant refuses to undergo drug testing requested or required by the employer, no sueh4est shall be given and the job applicant shall be deemed to have withdrawn the applicatiewfor consideration for employment. 2. Employees Employees may refuse to undergo drug testing. However, if an employee — ------ fFormatted: Indent: Left: 0", First line: 0" j refuses to undergo drug and alcohol testing carried out in conjunction with this Policy the employee may be subject to discipline including, but not limited to, discharge. g.Tampering with the Urine or Blood Sampler -[Formatted; Indent: Left: 0", First line: 0" 3 If an employee tampers with his or her own urine or blood sample, or in any way deliberately . ------fmatted: Indent: Left: 0" causes a sample to be invalid, the employee may be subject to discipline including. but not limited to, discharge. h.First Failure to Pass Drug and Alcohol Testing ------ fJFormatted: Indent: Left: 0", First line: 01j Without evidence of any other misconduct, any employee who for the first time has a positive Formatt ed: Indent: Left: 0" test result on a confirmatory test will not be subject to discipline or discharee, including but not limited to discharge unless: I. The City has given the employee an opportunity to participate in, at the employee 's own ---fFormatted: Indent: Left: 0", First line: o'_j expense or pursuant to coverage tinder an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency; and 2. The employee has either refused to participate in such a program or has failed to fed: Indent: Left: 0", First line: 0' successfully complete the program within a reasonable time as evidenced by withdrawal or a positive test result on a confirmatory test after completion of the program. i. Failure to Pass Drug and Alcohol Testing - -{Formatted: Indent: Left: 0, First line: 0" J 1. Initial Screening Test (Employee) rehabilitation The City will not discharge. discipline, discriminate the basis of a Initial Screeningon positiveagainst or require hasTest that beennot verified of an employee solely a However, the City may temporarilyby Confinnatory Test. transfer the Employee to anotherorsuspend a tested Employee whose test results- aie-poiti-'re Confirmatory Test if aof a (and, requested,position at the same rate of pay the pending the outcome believes it is necessary to the health or safety of theprotectConfirmatoryRetest) if City An whoemployee is suspended without will bepayemployee, co workers or the public. if the Confirmatoryoutcome of Retest is not Requests forpositive.reinstated with back pay the ofsaeh-a-Retest the test results. nmst be made -i-n- An employee writing-within five (5) who receives a positive days of the employee's receipt of notice test result on a Confirmatory Test and does 26 October 2017 September May-20 I ThNeember-200 452353 -i'l MDT BR291-350 City of Brooklyn Center not request in writing a Confirmatory Retest within five (5) working days after notice of positive Confirmatory Test results, may be subject to discipline including, but not limited to, discharge subject to the provisions of this policy. { Formatted: Indent: Left: 0", First line: II*?T UWJJIL ifliU fl 3. Coqfirmatoiy an Test Test Discipline include for a Confirmatory Test vcrif'ing a positive test result on however, that toInitial Screening discharge, the employee may is given the discharge opportunity to explain of an employee; a positive provided,prior test result and request and for Confirmatory Retest on the original if the Confirmatory Retest is not positive,pay a be takenno action will against the employee. sample. if the Confirmatory Retest is if it ispositive, and the first forresult the the will not be terminated if thepositive retest to at the employee,employee in a or alcohol oremployee elects participate, whichever is employee's An own expense, who drug treatment toeither refuses participaterehabilitation program, in the treatment or rehabilitation appropriate. or fails towho employee the treatmentcomplete or evidenced program withdrawal of the successfully rehabilitation program test (as a by or after program before its bycompletion or a the bepositive result on subsequently discharged. Confirmatory Test during completion of program), may ---- [ormatted: Indent: Left: 0', First line: 0" j. Rights of Employee or Job Applicant or Notice of Test Results [Formatted: Indent: Left: 0", First line: 0"__j 1.An employee or job applicant who receives a positive test result on a Confirmatory Test has the right to receive a copy of the test result report and, within three (3) working days of notice of the original positive Confirmatory Test result, to submit information to the City in addition to any information already submitted to explain that result,or within five (5) working days to noti' the original sample the City in theat writing of the employee's intention to employee's or job applicant's own expense. obtain a Confirmatory Retest of 2.If the Confumatoiy Retest is conducted in accordance with rules -[Formatted: Indent: Left: 0", First line: 0" j established by the Commissioner of the Minnesota Department of Health by a qualified laboratory in accordance with Minnesota Statute Section II, E., and if it is not positive, the City Shall reimburse the employee or job applicant for the actual cost of the Confirmatory Retest in an amount not to exceed $100.00 and no adverse personnel action shall be taken against the employee or job applicant based on the original Confirmatory Test. k—_Ceneral Testing Procedures [Formatted: Indent: Left: 0", First line: 0' All testing will be performed by a licensed laboratory that certifies its compliance with the [Fo rmatted: Indent: Left: 0" requirements of-Minnesota Statutes 181.953 et. seq. When the City decides to test for drug or alcohol use on any of the grounds enumerated in Section Il,., the following procedures will Comment -{ Comment [A5]: Sectio,, number needs lobe app1– cIarified 27 October 2017 Mtw-20l 76Novcmbcr_2005 452353v1 MDT BR291-350 City of Brooklyn Center 1. Initial Screening Test a-------formatted: Indent: Left: 0", First line: oj a.Acknowledgment. Before the Initial Screening Test, the employee orjob applicant shall be informed of the City's testing policy and given a form on which the employee orjob applicant can acknowledge being so informed. The form shall allow the employee oilob applicant to indicate any medication (prescription, signed foi[ or over the counter) that the individual is -- fComment [M]: What does -signed ma" mean? j currently taking or has recently taken and other information relevant to the reliability of or explanation for a positive test result. Medical information disclosed on the form shall not be used as the basis for any adverse personnel action. b.Ifthe Initial Screening Test produces a negative result, written notice of such result-wi-li - fFormatted: Indent: Left: 0", First line: be given to the individual who took the test within three (3) working days after the City receives the test result report. The employee or applicant will also be notified that they have the right to request and receive a copy of the test repofk c. The testing laboratory will perform a Confirmatory Test on all samples that produce a a- -------[Formatted: Indent: Left: 0", First line: 0" ] positive test result on the Initial Screening Test. 2. Coqfi/'matoI3' Test. If the Initial Screening Test produces a positive test result, a second a- ------ Formatted: Indent: Left: 0", First line: 0" j test (known as the Confirmatory Test) will be conducted by the laboratory. If the Confirmatory Test is not positive, the City will send written notice of this fact to the employee or job applicant within three (3) working days after receiving the result. If the Confirmatory Test produces a positive test result, the City will take the following four -fmatted: Indent: Left: 0" a.The City will send written notice of the positive test result within three (3) working days -{ Formatted: Indent: Left: 0", First line: after receiving it to the employee or job applicant. b.The employee orjob applicant will be informed Of the right to receive a copy Of the test ---------[Formatted: Indent: Left: 0", First line: 0" J c.The employee or job applicant will be told of the right to explain the positive result- - ------ Fo rmatted: Indent: Left: 0", First line: 0" d.The employee or job applicant will be informed of the right to request a Confirmatory a- ------{Fo rmatted: Indent: Left: 0", First line: 0" Retest of the original sample at the employee's or job applicant's expense. The employee or job applicant has five (5) working days in which to notify the City of this request in writing. 3. ConJlrmato;y Retests. If an employee or job applicant chooses to request a Confirmatory a- ------fForma ted: Indent: Left: 0", First line: Retest, the employee orjob applicant has five (5) working days within which to notify the City of this-request in writing. Within three (3) days of the receipt of such request, the City will notify the original testing laboratory that it is to conduct a Confirmatory Retest or transfer the sample to another certified laboratory for retesting. If the Confirmatory Retest does not confirm the original positive test result, no adverse personnel el action will be taken y the City. If the confirmatory Retest is positive, the City may withdraw its conditional offer of employment to a job applicant or terminate an employee if such employee chooses not to paiicipate in a chemical 28 October 2017 September Ma'-201 76Noembee-200 452353v1 MDT BR291-350 City of Brooklyn Center dependency treatment or evaluation program. 1. Data Privacy . -------[Formatted: Indent: Left: 0', First line: 0" -] Test result reports and other information acquired in the drug and alcohol testing process are - -------[Form atted: Indent: Left: 0" private data on individuals as defined in Minnesota Statutes, Chapter 13, and may not be WRIMMIM f 31 IIII1f1 ' irti 1. L EITflhJI!llIWJJJI1lUVJ For matted: Indent: Left: 0", First line: 0" 29 October 2017 Scptcnthcr Ma'-20176N&, ember 2005 452353v1 MDT BR291-355 City of Brooklyn Center Nothing in this Policy limits the right of the City to discipline or discharge an employee on - ------ frmatted: Indent: Left: 0 grounds other than a positive test result in a Confirmatory Test. For example, possession but not consumption of a controlled substance, the sale of a controlled substance on City premises, or conviction under any criminal drug statute for a violation occurring in the workplace. may by themselves, be grounds for discipline or discharge. Any City employee may be subject to discipline up to and including termination for violation of this Policy or any rules adopted by the City with respect to the manufacture, use, sale, or transfer of drugs and alcohol. n. Administrative Responsibility fFormatted: Indent: Left: 0, First line: 0" 1.The City Manager shall be responsible for implementing this Policy. 2.Each Depaimcnt Manager [Hcad?1 and Supervisor shall be responsible for informing their employees of this Policy. 3. Each employee of the City shall be notified of this Policy. Employees shall acknowledge in writing that they received of their notification of this Policy. 2. Drug Free WorkpIac - - - -- Comment [A7]: Some 0f this is repetitive of .hat ,on pg iOunder"Drug and AlcolioiFree Work Place'. We should revise to eliminate the overlap In In accordance with federal law. the City of Brooklyn Center has adopted the following - policy on drugs in the workplace: A.Employees are expected and required to report to work on time and in appropriate . mental and physical condition. It is the city's intent and obligation to provide a druc-free. safe and secure work environment. B.The unlawful manufaeturine.distrib--tion. possession. or -ouseo---se substance on city property or while conducting city business is absolutely prohibited. Violations of this policy will result in disciplinary action, tip to and includine termination, and may have legal consequences. C.The city reeoenizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans. as appropriate. D.Employees must, as a condition of employment. abide by the terms of this policy and must report any conviction under a criminal drug statute for violations occurring on or off work premises while conducting city business. A report of the conviction must be made within five (5) days after the conviction as required by the Drug-Free Workplace Act of 1988. The City recognizes the value of having a drug free workplace and in conjunction with the Drug Free Workplace Act of 1988 adopts the following policy:al'l i 2. A violation of this di -ug flee policy constitutes "just cause" for disciplinary 30 October 2017 - Formatted: Indent: Left: 0" Formatted: Indent: Left: 0", Flanging: 0.5" - - Formatted: Font: 12 pt Formatted: Font: 12 p1 Formatted: Indent: Hanging: 0.5" Formatted: Font: 12 pt Nay-201 76Novernber 2005 452353v1 MDI BR29I-350 City of Brooklyn Center action, up to and including immediate suspension or teination, or both. 3. As a condition of employment, conditions of this drug by the termsemployees viii abide and free their department headpolicy and will notify of any criminal drug statute workplace within five conviction for which a violation occurs in the calendar days after such conviction. 1. The City will notify the contracting genc) within ten calendar days after -T Comment [A8]: What is the "contracting 1receiving actual notice of an above conviction. 5. Within 30 days of receiving workplace conviction, notice from an employee the City may require an of a drug related employee to satisfactorily participate in a drug abuse program. rehabilitationassistance or an appropriate [L 77"..-'.-.....-'.-. b. the drug free workplace;policy of maintaining a c.the availability of drug counseling, assistance programs; d.the that be imposedpenalties may rehabilitation and employee for drugupon employees abuse violations. - 3.345 Tobacco Use (MOVE THIS TO MORE APPROPRIATE SECTION) Tobacco products (i.e. chewing tobacco, smoking, etc.) are prohibited in City buildings and vehicles. 3.465 Gifts and Gratuities An employee may not solicit any gift or gratuity from any other employee or member of the general public. In no instance may a gift or gratuity be solicited or even hinted. In no instance may any gift or gratuity be accepted by a City employee, even if the gift or gratuity was unsolicited. There are very limited exceptions to what is considered a gift or gratuity. The exceptions include: A.447an A plaque or similar memento recognizing an individual's services in a field of specialty or to a charitable cause. B2.b2S A trinket or memento costing $5 or less. (Changed per City Council Resolution 2005 163.) 31 October 2017 September Mav-20176Novcnsber 2005 452353v1 MDT BR291-350 City of Brooklyn Center C.e. Informational materials of unexceptional value. D444. Food or beverage given at a reception, meal, or meeting away from your normal place of work by an organization before whom you are appearing to make a speech or answer questions as a part of a program. All other gifts of food or beverage are prohibited. Vendor contributions to a meeting of local officials for breakfasts, hospitality rooms, snacks, or refreshments are prohibited. Usual or customary gift giving among employees during the holiday season, birthdays, retirements, weddings, baby showers, rolls, cookies, flowers, etc., provided by coworkers. f46. Gifts from a family member. Good judgment is advised. When you are faced with a situation concerning the acceptance of - ------ fniaed: Indent: Left: 0.5" an item, you should seek approval from your supervisor prior to its acceptance and, if not resolved with your supervisor, proceed up the departmental ladder. It is important that each of of us maintain high standards of public service and remain within the letter and spirit of ethical ethical behavior. 3.67 Membership on Advisory Commissions City employees are, pursuant to City Council policy, ineligible for appointment or service on City Advisory Commissions. City employee participation with commissions is assigned by the City Manager. 3.678 Firearm Policy The possession or carrying of a firearm by City of Brooklyn Center employees, other than ---- fmatted:_Left sworn Police Officers, is prohibited while acting in the course and scope of employment for the City, including working in City buildings, on City property or at any off-site location, and while driving or riding in a City-owned vehicle in any location on behalf of the City. The term "possession" includes but is not limited to storing firearms in lockers, desks, file cabinets, etc., or in City-owned vehicles. For the purposes of this policy, employees are full- and part-time regular employees; temporary, seasonal and recurring employees; City Council members; City Advisory commission members; fire fighters; interns; volunteers; and independent contractors. Any firearms brought onto City-owned parking areas by an employee must be placed out of sight in a personal vehicle. The vehicle must be locked and all reasonable precautions taken to prohibit unauthorized entry into the vehicle. If a City employee drives his or her personal vehicle on any City business, including responding to on-call work from home after regular work hours, he or she must remove any firearm(s) from the vehicle prior to use of the vehicle for City business. Non-sworn employees of the Brooklyn Center Police Department may handle firearms as necessary to fulfill their job requirements such as marking or transporting evidence and performing assigned tasks in the Police Department property room. 32 October 2017 September 76Novcmbcr 2005 452353v1 MDT BR291-350 City of Brooklyn Center Violations of this policy are subject to disciplinary action in accordance with the City's disciplinary procedures policy. (Added per City Council Resolution 2003 173.). + ------ i Formatted: Indent: Left: 0" 33 October 2017 September Mw-20 I 76No,embcr 2005 452353v1 MDI BR291-350 City of Brooklyn Center 34 October 2017 M-20176Neembec-200 452353v1 MDT BR291-350 City of Brooklyn Center SECTION 4- RECRUITMENT/EMPLOYMENT 4.1 Position Opening Authorization Department Heads will notify the Human Resources DirectorCitv Manager and make recommendations when a replacement vacancy exists in a department or when there is a desire to fill a newly created position. The City Manager will review the request and recommendations and advise the department head on the proper course of action. The City Manager is the final authority in the filling of all positions. 4.2 Recruitment The recruitment of applicants for employment with the City shall take place at the direction of the City Manager through Human Resources. 4.3 Notification of Appointment The City Manager will notify the candidate selected for appointment in writing. The notification must include the employment starting date and salary. The Department Head must provide the newly appointed employee with a current position description to indicate those duties and responsibilities for which the employee is accountable. 4.4 Probationary Period The probationary period begins immediately uponthe employee's starting date and continues for six (6) to twelve (12) working months unless otherwise specified in union contract. The Department Head must inform the City Manager of employee's successful completion of the probationary period. All newly hired or rehired employees will serve a six (6) to twelve (12) month probationary period. At any time during the probationary period newly hired, promoted, or rehired employees may be terminated, demoted, or reassigned at the sole discretion of the employer. No cause for discharge is necessary. Time served in temporary positions is not considered part of the probationary period. 4.5 Dismissal During the Probationary Period A Department Head may recommend to the City Manager dismissal of a probationary employee at any time during probation for any reason. The employee must be notified of the termination date in writing from the City Manager. 4.6 Benefits During Probationary Period Sick and vacation leave will accrue durin g the i-ni-tia1.probationaiy period. Sick an- -----fComment [A9]: Is it necessary to indicate the vacation leave maybe used as earned under the same conditions as applicable to non period? probationary employees. (Changed per City Council Resolution 95 110.) 4.7 Reference Checks All reference checks for current or terminated employees must be routed to Human Resources. .- ------f Formatted: Indent: Hanging: 05", Tab stops: Left 35 October 2017 September Ma-20 I 76N-eiember4Q05 452353vl MDT BR291-350 City of Brooklyn Center fFormatted: Indent: Left: 0, Hanging: 0.5", Tab stops: -1", Left 36 October 2017 Ma'-20 I 76November 2005 452353v1 MDT BR291-350 City of Brooklyn Center 4.7 Employment of Relatives More than one family member may not be employed within any department where one immediate family iembem or relative supervises or has the ability to hire,fire promote another relative, or where there may be a conflict of interest or not in the best interest of the City as determined by the City Manager. 4.98 Discipline City employees will be subject to disciplinary action for failing to fulfill their duties and responsibilities, including observance of work rules. It is the policy of the City to administer discipline without discrimination. Disciplingrye action may include oral warning, oral reprimand, written reprimand, demotion, transfer, suspension or termination. Disciplinary action may include involinginvolving a suspension or dismissal is subject to state law on veteran's preference, existing collective bargaining agreements and state and federal laws. The dismissal of an employee is considered a separation not in good standing. Comment [AlO]: We should change "family - member' mmd "relative" to "immediate family member" assuming you mean it to be consistent with hon that term is defined in the definitions Section If you mean something other than that, it should be defined differently here 4.94-0 Grievances egular full and part-time employees claimingagrievance shall timely submit such grievance to the employee's supervisor who shall consider and examine the grievance and attempt to resolve it to the extent of their authority. If the grievance is not resolved at the supervisory level, it may be referred by the employee to their department head who shall consider and examine the grievance and attempt to resolve it. If the grievance is not resolved at the department head level, it may be referred by the employee to the Human Resources DirectorAssistant City Manager for disposition. The decision of the City Manager is final, The City assures there will be no retaliation as a result of bringing a claim forth.-eF cooperating in an investigation, or submitting a crievance. 4.101 Declaration of Affirmative Action EEO Policy Statement This is to affirm the City of Brooklyn Center's policy of providing Eequal Dopportunity to all employees and applicants for employment in accordance with all applicablefederal. state and local laws. Equal Employment Opportunity/Affirmative Action laws, directives and m'egulations of Federal, State, and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. f Comment [All]: Only "regular" employees able to submit a grievance? The City of Brooklyn Center will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin,ancestry. sex, sexual or affectional orientation, disability, age, marital status, status with regard to public assistance, or familial status. veteran status, or membership on a local human rights commission. enetic information g en der i de ntityorgenderexpression.an i.--{ Formatted: Font: 12 pt participation in the Minnesota Medical Cannabis Patient Registry. The City of Brooklyn Center will takeall necessary steps Affirmative Action to ensure that all employment practices are flee of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, 37 -- October 2017 Mm-20 I 76Novemhcr 2005 4523530 MDI BR291-350 City of Brooklyn Center recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. - - - The City of Brooklyn Center will commit the time and resources reasonably necessary. ---- formatted: Indent: Hanging: 0.5 both financial and human, to achieve the goals of Equal Employment Opportunity and A ffirmative Vkction...-fComment [Al2): This is repetitive of above j [Form atted: Indent: Left: 0, Hanging: 0.5" The City of Brooklyn Center will evaluate the performance of its management and supervisory formatted: Indent: Hanging: 0.5 personnel on the basis of their involvement in achieving these Affirmative Action-equal employment opportunity objectives as well as other established criteria. Any employee of this City who does not comply with the Eequal Eemployment Oppportunityopportunitv policies and procedures as set forth in this statement and plan may be subject to disciplinary action. fFormatted: Indent: Left: 0, Hanging: Formatted: Indent: Hanging: 0.5' j 38 October 2017 September May-20 I 76Noi"embee-2O0 452353v1 MDT BR291-350 City of Brooklyn Center No part of this program is to be construed as a contract between the City of Brooklyn Center and any individual employee. It does not describe in any way the terms and conditions of employment of City employees. Such terms and conditions are set forth in, and the employment relationship is governed by, applicable collective bargaining agreements, employment agreements, or the personnel rules of the City. The City of Brooklyn Center has appointed the Human Resources DirectorAssistant City Manage f to manage the Equal Employment Opportunity policy/Affirmative Action program. The Human Resources Director's Assistant City Manager's responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of thispolicy Affirmative Action program, as required by Federal, State and Local agencies. Brooklyn Center City Manager will receive and review reports on the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please notify the Human Resources DirectorAssistant City Managc4 Comment [A13): Kelli, we should discuss this L section What, irony, reporting are you doing? 39 October 2017 Mav20176Novcmbep-200 452353v1 MDT BR291-350 City of Brooklyn Center SECTION 5 - WORK SCHEDULESNEW SECTION Work Schedules 5.1 Attendance _-1 Formatted: Font: Bold Employees shall work the normal hours and the minimum number of hours a week as established for their positions in their respective departments. Each employee shall ensure that time worked and absences are correctly reported. and the distribution of hours worked are charged to their properaccount Faikwe to corictIy report time and/or Comment [A14]: 'Accounts"? falsification of documents may result in discipline up to and including termination. Unauthorized leave in excess of three work days is considered resignation not in good standing by the employee. --i Formatted: Font: BoldI A4.2 Flexible Wily Work Hours _ Notwithstanding the normally established and observed daily work hours for employees, employees may, with the express written approval of their department head, establish and observe individual flexible daily hours. Individual flexible daily work hours shall not be permitted where such has an adverse impact on the employer's operation or on other employees. Flexible schedules, if approved, are on a case by case basis for a time-frame determined by the department head with no long-term guarantee. Approval of continued flexible schedule is at the discretion of the Department Head and/or City Manaoeisupervisoi. 45.3 Hours of Work, Meals and Breaks A workweek consists of seven consecutive days (168 hours) beginning at 12:01 am. each Sunday. The regular workweek for full-time City employees is 40 hours; 80 hours constitutes a normal pay period. Normally, City offices will be open for business Monday through Friday from 8:00 a.m. to 4:30 p.m. Regular office hours may be changed by the City Manager. The hours of work and work schedules within each division and department will be set by the department head, with approval of the City Manager. Inmost cases, full-time employees will have one uninterrupted meal period of no less than one-half hour per day. Meal periods are not paid, not included in the computation of overtime, nor included in the computation of a normal work shift or payroll period. Rest periods will be 15 minutes in each four-hour period for FLSA non-exempt employees. Meal periods may not be accumulated or taken at the end or beginning of the employee's shift on a regular basis. Exempt employees are required to work the hours necessary to perform their job at their established rate of pay. Essential employees, as defined by law, and other public safety employees, may be required to work a different schedule due to the specialized nature of their employment. f Comment [A15]: subject to change by the DeptLHead and/or City Manager' { Formatted. Font: Bold c I5.4 Inclement Weather f Formatted: Foot: Bold In the event of severe inclement weather, the City Manager may determine whether an emergency exists in which the public interest will be best served by closing the City 40 October 2017 September Ma','-20176Novcmber 2005 452353v1 MDT BR291-350 City of Brooklyn Center office or offices. If a City office is closed due to a weather emergency, the following apply: a-VA. Employees are expected to listen4epjWCCOLfor announcements of closing of City facilities are not to report to work if their work site is not open. If notice of closing has not been broadcast by 7:00 am. of the workday or if your department "S head or supervisor has not contacted you, employees may assume that the City facilities will be open. b7B. If When a City facility is closcd or an employee determines that they cannot make it to work because of inclement weather, the employee must utilize earned vacation or comp time to compensate for timeafft Comment [A16]: Does this need to be updated 7 Use other methods - texts? Website notice? Social media° Formatted: Indent: Left: 0.5", Hanging: 05", Numbered + Level: 1 + Numbering Style: A, B, C, + Start at: 1 + Alignment: Left + Aligned at: 0.5"+ Indent at: 0.75" Formatted: Indent: Left: 0.5", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Comment [A17]: Is this true regardless of whether management decides to clone city ball? Formatted: Indent: Left: 0" 41 October 2017 - Septcnsber Mai-'20 I 76Novcrnbcr-2005 452353v1 MDT BR291-350 City of Brooklyn Center I SECTION €6 - EMPLOYEE COMPENSATION €6.1 Compensation Plan The City Manager must develop and maintain a compensation plan so all positions substantially similar with respect to the type, difficulty, and responsibility of work are included in the same grade and that the same salary range may be applied to all positions in a grade. The plan shall classify positions in accordance with federal and state laws for all positions. The City Manager will present the compensation plan to the City Council for its approval. The effective date of the compensation plan shall be the date stated in the plan approved by the City Council. €6.2 Reclassification/Job Analysis Vhen the duties ofa position change substantially, the UepaIment 1-lean may request or the City Manager may initiate a review of the duties of the positions. Based on the results of the review, the City Manager may reclassify the position.ln compliance with pay equity and our compensation plan. each position in the City shall be assigned a job value representing its relative value in the organization. Job values shall be a primary consideration when determining pay for our employees. All positions are grouped (banded) into classes based on the job evaluation system of point totals as well as job duties. skills and abilities. responsibility, required knowledge and experience and other pertinent factors. Internal and external factors are used to assian an appropriate pay rance to each banded class of positions. The method whereby point values are determined shall be consistently applied to all positions in the City. It is the responsibility of the Human Resources Director to develop and maintain a current job analysis program consistent with this policy. -f For matted: Indent: Left: 0.5, No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers A.When are positions reviewed? 1Formatted: Numbered + Level: 1 + Numbering style: A B C + Start at: 1 + All position descriptions will be reviewed at least every 10 years automatically to Alignment: Left + Aligned at: 0.5" + Indent at: determine if the work of the incumbent is consistent with the job description. A . 0.75" salary market review will be conducted at least every ten years even if there have For ma ted: Indent: Left: 1" been no chances in job responsibilities. Job descriptions will be reviewed prior to filling a vacancy and when a new position is created Job values will be reviewed as needed or requested by Department Heads not more frequently than every three years unless substantial changes in job duties have occurred. When a position is substantially chanced. the following steps are required to initiate consideration for iob analysis of a position: B.How to request job analysis Form atted: Numbered + Level: 1 + The employee and their immediate supervisor should submit the current job ^ Aligned at: 0.5" + Indent at:Alignment: Left INumbering Style: A, B, C, ... + Start at: 1 + description and a revised job description to the appropriate Department Head for \, 0.75" J review. Any addition(s). deletion(s) and/or substantial modification(s) must be fForm a tted: Indent: Left: 1' clearly identified. If the Department Head agrees there is sufficient reason to 42 October 2017 Ma+-20 I 7ANoN ember 2005 452353vi MDT BR291-35e City of Brooklyn Center warrant further consideration of a job analysis. they should forward the documentation to the City Manacer with a memo detailinc the reasons for the chances and requesting consideration for lob analysis. If the request is due exclusively to a chance in market conditions the Department - Iformatted: Indent: Left: 1" Head should review the salary data submitted in support of job analysis review and submit this information to the City Manacer C. Review process f Formatted: Numbered + Level: 1 + 1 Alignment: Left + Aligned at: 0.5' + Indent at: IThe City Manager will submit the documentation to the Human Resources [Numbering Style: A, B, C, ... + Start at: 1 + Director for review. After HR review a decision to proceed or not to proceed with ". 0.75' the analysis will be made. If the decision is not to proceed a written explanation 'f Formatted: Indent: Left: 1' will be provided to the Department Head and the process will end. The primary factors for job analysis review consideration will be the --------[Formatted: Indent: Left: 0.5", First line: 0.5", 1 following: No bullets or numbering 1.Are there substantial chance in the level of responsibility. and or significant changes in the minimum lob qualifications? 2.Is there a reason to believe that market conditions have chanced substantially since the pay level was established? Once review approval is granted. the Human Resources Director shall send the lob - ------ fatted: Indent: Left: 1" description for analysis to the City's consultant. Analysis may consist. but is not limited to review of the followinc information: job description. orcanizational structure, benchmark jobs, comparison with internal positions and the market. If market analysis is performed the position will be compared with our - fFormatted: Indent: Left: 1' comparison cities: Crystal. Fridley. Golden Valley. Maplewood. New Hope, Richfield. Roseville. Shoreview. and White Bear Lake. In the rare case where the fore stated comparison cities do not offer a reasonable sample of similar lob classifications, the City Manager may authorize the substitution of other metro cities for comparison. D. 6.6 Recommendation ------ j' Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + the Department Head and submit a recommendation to the City Manager. Based ". ( 0.75" The Human Resources Director shall discuss the findings of the lob analysis with I Alignment: Left + Aligned at: 0.5' + Indent at on the findings the position may stay at the same level, be assigned to a higher "f Formatted: Indent: Left: 1" level or a lower level based on the results of the lob analysis. An adjustment will be based upon whether the job analysis points are sicnificantly -------Formatted: Indent: Left: 1' lower, higher, or are not properly classified with similar points. E. 6.7 Decision - -------Formatted: Numbered + Level: 1 + IThe City Manager may approve, den, or seek clarification on the N Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5' + Indent at: I recommendation. "S. 10.75" J 'tFormatted: Indent: Left: 1" 43 October 2017 September Ma'-20 I 7Noi'embee-2O0 452353v1 MDT BR291-350 City of Brooklyn Center 6.8 Salary change i- ------ Formatted: Numbered + Level: 1 + F Numbering Style: A, B, C, + Start at: 1 + Alignment: Left + Aligned at: 05' + Indent at: In general. the following philosophy will be used when there are changes in sala'--. 0.75 as it relates to a change in lob value, based on City Manager approval. All salai faned: Indent: Left: 1" changes will be made in conformance with the city compensation plan. Job Value increase: Salary may be increased within the new pay range. - --- Formatted: Indent: Left: 0.5", First line: 0.5" j Job Value decrease: Salary may be frozen or decreased to fit within the pay range. No change in lob value: No change in salary. Chances in salary shall be made within a reasonable timeframe (not greater than ------ -{ Formatted; _Indent: Left: 1" 120 days) of completion of the review and approval by the City Manager. Market based adjustments will be considered when the current position range is --------f Formatted: Indent: Left: 1" not within 5% of the average (arithmetic mean) of the comparable position in the comparison cities. G. 6.9 Delivery and Implementation formatted: Numbered+ Level: 1 + i Numbering Style: A, B, C, ... + Start at: 1 +The Department Head shall inform the employee of the results of the lob analysis ', I Alignment: Left + Aligned at: 0.5" + Indent at: Jprocess. The Department Head shall be responsible for completing the "., 0.75" appropriate paperwork and Human Resources will be responsible for 'f For matted: Indent: Left: 1" implementing the necessary changes to the pay plan. etc. based on the City Manager's decision. fFormatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 1" H. 6.10 Appeals An employee who disagrees with the result of the job analysis may appeal. in writing, to the Human Resources Director within 30 calendar days of receipt of the decision. With the appeal. the employee must submit information stating the reasons for their disagreement and include a statement and documentation/data supporting a recommendation for resolution. The City Manager will review the information received in the appeal and inform the employee of the final decision on lob analysis within 30 calendar days of receipt of the appeal information. The City Manager may take into consideration the information submitted. and/or gather additional information as needed. The decision of the City Manager is final. The lob analysis process and outcome is not subject to the grievance procedure. 6.3 Overtime/Compensatory Time - Fair Labor Standards Act Pursuant to federal and state wage and hour laws, employees classified as full time and nonexemptemployees under FLSA w'ho are authorized to work overtimeand who work in excess of 40 hours in a the regular scheduled workweek or pay pe4ed-will be compensated at a rate of one and one-half times their base rate of pay for hours worked in excess of 40._their regular schedule. FLSA mandates that the City classiQ,' employees in regards to overtime/compensatory time as one of the following categories: FLSA Exempt Employee or FLSA Non Exempt Employee. 44 October 2017 Mw,-201 76Neveinber-2-OOS 452353vI MDT BR295-350 City of Brooklyn Center 1. FLSA Exempt Employee ------ '[For matted: Indent: Left: 0' Exempt employees are not paid for overtime over 40 hours unless otherwise provided by - ------ fFoiiatted: Indent: Left: 0', Hanging: 0.5"] collective bargaining or contract agreement. Exempt employees are generally employees who arc classified as professional, administrative, executive and scasonal recreation, 2. FLSA Non Exempt Employees .f Formatted: Indent: Hanging: 0.5 Overtime or compensatory time must be paid at a rate of onc and one half times the non cxempt-- ------frmatted: Indent: Left: 0", Hanging: 0.5" ] (this includes full time, part time and temporary employees) employee's regular rate of pay for each hour worked in a work week in excess of '10 hours per veeld Paid holidays------f comment [A18]: These terms are already defined 1 paid leave time (sick and vacation) and comp time used are counted as time worked for 1.11 he Definitions the purpose of computing overtime kuH. Unpaid leave is not counted towards hours -----f Comment [A19]: This is not required by law. worked I Paid leave time legally is not counted toward 'hours worked" 6.4 Compensatory Time - Non-Exempt Employees FLSA nNon-exempt employees have the option of selecting compensatory time at the rate of one and one half times their regLilar rate of pay in lieu of overtime, to a maximum of 40 hours of comp time accrual. 45 October 2017 September Ma",'-20 1 ThNeeember-2005 452353v1 MDT BR291-350 City of Brooklyn Center I 6.5 General Rules - Overtime/Comp Time All overtime and comp time to be worked must be pre-approved by the Department Head prior to working overtime or comp time. Failure to obtain prior approval of overtime and comp time may result in discipline. I 6.6 Temporary Fill-In ata Higher Classification From time to time employees may be asked to fill in temporarily at work in a higher classification. The assignment will be made by the Department Head with the approval of the City Manager. If a temporary assignment extends beyond 20 working days, additional compensation at the higher classification may be provided. The duration of a temporary assignment may not exceed six months, unless authorized by the City Manager. 46 October 2017 September Mj-201 76Novembcr 209 452353v1 MDT BR291-350 City of Brooklyn Center SECTION 67 - GENERAL BENEFITS FULL TIME START HERE 67.1 Cafeteria Benefits Plan Eligibility Regular full-time employees who work 40 hours per week are eligible for benefits. The City will provide a contribution for regular full-time employees as approved by City Council. 67.2 Health Insurance Regular full-time employees may purchase Hhealth benefits may be purchased by employee as made available through the Employer's Cafeteria Benefit Plan. Plans are subject to policy documents. 67.3 Dental Benefits Reaular full-time employees may purchase Ddental benefits may be purchased by an employee as made available through the Employer's Cafeteria Benefit Plan. Plans are subject to policy documents. 76.4 Life Insurance Life insurance may be provided for full-time regular employeesbcncfit eligible employees through the Employer's Cafeteria Benefit Plan. Employees provided this benefit may purchase additional term life insurance to supplement the insurance coverage provided by the City as well as supplemental and dependent life insurance. Plans are subject to policy documents. 7.5 Deferred Comnensation Program Regular full-time employees are The City provideds employees the opportunity to participate in a deferred compensation plan. This voluntary plan allows employees to place a portion of their earnings into pretax deferred investment program. Plans are subject to regulations. 7.6 Flexible Benefits Plan Regular full-time employees are offeredThe City offers an optional plan in which a portion of the employee's salary can be set sidpre-tax to cover estimated health care and day care costs. The employee must expend all the money set aside in the flexible benefit plan within the calendar year or lose it. Proof of medical and day care expenses must be submitted. Please see plan document for criteria regarding the flexible benefit plan. Plans are subject to IRS regulations. 76.75 P.E.R.A. Public Employees Retirement Account participation will be maintained for all eligible regular full and part time employeespursuant to state law. or as regulations speci'. The City and eligible employees contribute to PERA each pay period as determined by state l a w. For details see the PERA manual in the Human Resources Divisionepartment. Plans are subject to PERA regulations. 47 I Comment [A20]: Are the funds sd aside pre-tax? J [ormatted: Indent: First line: 0.5 4av-20 I 76Novembcr 2005 452353v1 MDT BR291-350 City of Brooklyn Center 76.6 Deferred Compensation Program The City provides employees the opportunity to participate in a deferred compensation plan. -formafted: Indent: Left: 0 This voluntary plan allows employees to place a portion of their earnings into pretax deferred investment program. Plans are subject to regulations. 76.7 Flexible Benefits Plan The City offers an optional plan in which a portion of the employee 's salary can be set asid4to--4-.-fmrnent [A21]: Are the funds Set aside pre-tax cover estimated health care and day care costs. The employee must expend all the money set frmaed: Indent: Left: 0 aside in the flexible benefit plan within the calendar year or lose it. Proofofmedical and day care expenses must be submitted. Please see plan document for criteria regarding the flexible benefit plan. Plans are subject to IRS regulations. 76.8 Direct Deposit The City requires direct depositfor all employees. 48 October 2017 September Me-201 76Novcrnbcr 200 452353v1 MDI BR291-350 City of Brooklyn Center SECTION 8 - LEAVE BENEFITS —Regular -Full -Time -Regular Full-time Employees 8.1 Official City Holidays New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Day Two Personal Floating Holidays January 1 Third Monday in January Third Monday in February Last Monday in May July 4th First Monday in September November 11 Fourth Thursday in November Friday after Thanksgiving December 25 (See description below) When a holiday falls on a Saturday the previous Friday is designated as the holiday; when on a Sunday, the following Monday is designated as the holiday for employees whose normal work schedule is Monday through Friday. Non-unionfull-time employees who work a holiday will be paid time and one-half employee's regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. Employees may observe a religious holiday on days which do not fall on Sunday or a legal holiday. Observance of such a religious holiday must be taken off without pay except where the employee has accumulated vacatiod or comp time and inthat case such -fmment [A22]: Or comp time? religious holidays may be charged against such leave accumulations at the option of the employee. Employees who are in collective bargaining must check their agreements and follow contract language for holiday schedules. In order to be paid for holiday leave, the benefit earning employee must be working or using vacation, sick or other approved paid leave on both the day before and after the holiday. 8.2 Personal Floating Holiday - Regular Full-time Employees Employees receive two personal floating holidays per year to be used as follows: A.-l- Regular full-time employees, employed as of January 1 of each year, shall have one eight (8) hour personal floating holiday to be used within the calendar year. Such floating holiday shall be taken at the employee's discretion upon approval of the employee's supervisor. The floating holiday must be taken as a whole day off and may not be used in partial days. The personal holiday must be used within the calendar year or it will be lost. 132. Regular full-time employees, employed as of July 1 of each year, shall have one 49 October 2017 -__Septem Ma-20 I 76Neember-200 452353v1 MDI hR291-350 City of Brooklyn Center eight (8) hour personal floating holiday to be used within the period July 1 through December 31 of that year. Such floating holiday must be taken as a whole day off and may not be used in partial days. The personal holiday must be used within the period July 1 through December 31 of the year in which it is received or it will be lost. The request for use of a personal holiday follows the same procedure as a request for vacation. (Changed per City Council Resolution 98 109.) 8.3 Vacation Leave - Regular Full-time Employee ---- 4-A. Regularfull-time employees shall earn vacation leave at the rate of 6.67 hours for each calendar month of full-time service or major fiaction thereof. Regular employees with five consecutive years of service through 10 consecutive years of service shall earn vacation leave at the rate of 120 hours per year. Regular employees with more than ten consecutive years of service shall cam vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of set -vice 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. In the best interest of the City, vacation leave in excess of the established amount specified in this section may be granted by the City Manager. Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave. 2B. Accrual Vacation begins accumulating in accordance with date of hire. C. Usage Vacation leave may be used as earned except that the department head shall approve the time at which the vacation leave may be taken. Comment [A23]: Part-time employees do not receive pro-rated sacation? 4D. Vacation Accumulation Vacation accumulation, including the current vacation earned from year to-year may not exceed a total accumulation equal to one and one half times the number of hours the employee is currently earning in one year. The total number of vacation hours carrying over from year to year may not exceed 230 hours, except where approved in writing by the City vIanagei.Vacation leave u --p to fCom wment [A24]: Doyou ant to address payout 1 will be paid out to the employee who resigns in good standing. of vacation upon separation from employment? J 37.4 Sick Leave - Regular Full-Time Employees -1-A. Sick leave with pay shall be granted to probationary and regular full-time 50 October 2017 Ma',-20 76Neiember 452353v1 MDT BR291-350 City of Brooklyn Center employees for each calendar month of full-time service or major fraction hereoit.--1Co mment [A25]:What does "major fraction Sick leave shall accrue at the rate of eight hours per month until 960 hours have Lthereor' mean? been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month, and simultaneously vacation leave,__________ in addition to regular vacation leave k1ccruall, shall accrue at the rate of two(?)--1C omment [A26]:The vaca ti on kase clauses are hours per month. Employees using earned sick leave shall be considered to be -I coafusin. Vacation leave PLUS' regular" vacation Jworking for the purposes of accumulating additional sick leave. leave 9 In the best interest of the City.The City Manager may 'M advance ef a maximum of 96 hours of sick leave which must be earned before additional hours accumulate may be granted by the City Manager o{newly hired employees who ----comment [A27]: I deleted this language because 1 have a minimum of five years of job experience which is directly related to the --don't know what It means. It should be re-warded. position for which they are hired.No sick leave will accrue during the first 12 months of employment. Sick leave may be taken as only to the extent that it is earned. Sick leave may be usedwhen an employee is unable to perform work duties due to fee-illness, injury, disability (including pregnancy). participation in an employee assistance program, -or by necessity for medical or dental careappointments. Sick leave may also be used by the employee to care for the employee's spouse,and the following family members: dependents,minor and adult children,includine stepchildren. at' parents. stepparents. parents-in-law. siblings. grandparents. crandehildren. -son-in- law, or dauchter-in-law of the employee or employee's spouse. in case of illness or as otherwise approved by the City Manager. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave.Sick leave may also be used for absences due to the need for safety leave (providing or receiving assistance because of sexual assault. domestic abuse. or stalkinc as defined by state law) relatinc to the employee or any of the family members identified above. sick Leave Request _--f Formatted: Font: Not Bold Employees must notify their immediate supervisor on the first day of sick leave and each day of sick leave request before the start of his or her shift unless otherwise required by the supervisor. When possible, sick leave must be requested in advance. Sick Leave Severance --fmatted: Font: Not Bold Severance pay in the amount of one third the accumulated sick leave employees have to their credit aAt the time of resignation, retirement, or death, the City shall M be paid topoylo employees who have been employed for at leave five consecutive yearsone-third of their accumulated sick leave. If discharged for cause, or lack of appropriate notice, severance pay shall not be allowed. ,Fn mk!5^es hired after 14/92 and having 25 years of continuous service at the Formatted: Highlight time of separation, shall be paid '10% of their accumulated sick leave into the City authorized Health Care Savings Plan. In the event that the retiree benefit in effect 51 _.___ October 2017 Mnv-20176November_2005 452353v1 MDI BR291-350 City of Brook1 Center - PIN MEMO -rem 52 October 2017 September M20176Neiembef-2005 452353v1 MDI BR291-350 City of Brooklyn Center 8.5 Sick Leave Donation Program We currentlydo not have a Health Cure Savings Plan to a-- Formatted: Not Highlight offer new hires due to ICMA not being IRS compliant can we eliminate anguag4?)formatted: Indent: Left: 0' _The City of Brooklyn Center recognizes th ---------------- ---- or prolonged illn ........ — ......-.,\f Comment [A28]: Yes.! ssou!d update this to be employee or their immediate family member may deplete the employee's available paid \\, consistent with current practtc&policy. leave (vacation, sick, and other forms of compensated leave time). This policy is meant , (Formatted: Not Highlight to provide staff with the option of assisting employees in such circumstances through ( Formatted: Font: Times New Roman, 12 pt voluntary donations of vacation / sick leave accruals. Application of this policy will be (Formatted: Indent: Left: 0.5' approved by the City Manager on a case by case basis. A. ,Eliibi1ity:, .-.....-- Formatted: Font: Times New Roman, 12 pt, 1.All regular full-time employees will be considered eligible to participate ..',\1 No underline this program.',', Formatted: Numbered + Level: 1 + Numbering Style: A B C ... + Start at: 1 + 2.An employee will be eligible to receive donated leave only after all of that '.', Alignment: Left + Aligned at: 0.5 + Indent at: employee's accrued leave time has been exhausted. '.'. 0.75" 3. Donation of leave will not be allowed once it is known or has been ', Formatted: Font: Times New Roman, 12 pt determined that the employee will not return to work. (Formatted: Indent: Left: 1", Hanging: 0.5' Formatted: Tab stops: 2.6', Lefta------------------------------------------------------------------------------- B . Process:,-------------------------------------------------------------------------------------------------. Formatted: Font: Times New Roman, 12 pt To receive donated leave time an employee will submit the following to Human . ,. Formatted: Font: Times New Roman, 12 p1, Resources: ',,,, " No underline 1.Request for consideration of leave time donation form Y. - Formatted: Numbered + Level: 1 + Numbering Style: A B, C, ... + Start at: 1 +2.Certification from the attending physician or other applicable health care Alignment: Left + Aligned at: 0.5" + Indent at: provider ', '. 0.75' 3. Any other relevant information necessary in determining eligibility '. \Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 1" The City Manager will review the request and shall have the right to deny use of -. matted: Indent: Left: 1", Hanging: 0.5" this policy or to limit its use based solely upon the Manager's discretion. Formatted: Indent: Left: 1" To donate leave time participating employees shall complete a donation of leave - ------ (Formatted: Indent: Left: 1" time form. C. General Information Regardine Leave Donation: 1.The maximum leave time to be received is 160 hours per 12-month period.,". per qualifying situation. This period begins the date that a request for leave time has been made. 2.Donated leave hours will be converted to sick leave and placed in the recipient's sick leave bank. The recipient will be allowed to use these hours in accordance with City Policy. 3.Donations will be made in two-hour increments consisting of one hour of vacation leave and one hour of sick leave. 4.Donors must have a minimum of 160 hours of sick leave in their own bank after donation to paiicipate. 5.Donations will be made anonymously. 6.Donated time may not be reclaimed and the recipient is tinder no obligation to repay the donation. -f Formatted: Font: Times New Roman, 12 pt, 1No underline Formatted: Numbered + Level: 1 + 1Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 1", Hanging: 0.5' Formatted: Indent: Left: 1', Hanging: 53 October 2017 May-201 76Novcmbcr 2005 452353v1 MDT BR291-350 City of Brooklyn Center 7. The City Manager retains the right to apply this policy in any manner deemed to be in the best interest of the City. This includes amendment. alteration. and elimination of the policy without notice or negotiation. ftted: Indent: Left: 1" Formatted: Font: Times New Roman, 12 pt, - Not Italic Formatted: Font: Times New Roman, 12 pt, - Not Italic Formatted: Font: 12 pt, Not Italic Formatted: Heading 2 Formatted: Font: 12 pt PFormatted: Indent: Left: 0.5" $6. Reasonable Unpaid Work Time for Nursing Mothers pursing mothers will -- provided reasonable unpaid break time for nursing mothers to express milk for nursinc her child for one year after the child's birth. The city will Provide a room (other than a bathroom) as close as possible to the employee's work area. that is shielded from view and flee from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express milk in private. 54 October 2017 September Mm-20 I 76Novernber_2005 452353v1 MDI BR291-350 City of Brooklyn Center - -f Formatted: Font: 12 pt 8.7 f Formatted: Indent: Left: 05 55 October 2017 M ay-20176N& embeF 2005 452353v1 MDI BR291-350 City of Brooklyn Center Official Record - Sick, Vacation, and Compensatory -I Formatted: Indent: Left: 0", First line: 0 The City's computerized payroll system is the official record for sick, vacation and ops: Not at -1" compensatory balances. Comment [A29]: Obviously, injured employees are entitled to workers' compensation in certain circumstances I don't see any harm in tearing this in, but that is up to you. 7-6 Workers' Compensation—'em An em-pl-eyeeemplovee. who is temporarily disabled from work by an injury or illness sustained in the performance of the employee's work with the City, may be eligible for Workers' Compensation payment and additional salary through the use of accrued sick leave. The total of the Workers' Compensation check and the accrued sick leave compensation may not exceed the employee's normal gross pay. For more information on Workers' Compensation contact your supervisor or Human Resources. 8,97s Funeral Leave —4ioemeue Earned sick leave maybe taken in the event of a death in an employee's immediate family. In this section, the term "immediate family"includes employee's spouse. and the following family members: dependents, minor and adult children, including stepchildren. parents. stepparents, parents-in-law, siblings. grandparents. grandchildren. son-in-law, or daughter-in-law of the employee or employee's spouse. includes spouse; dependents; parents; grandparents; sisters; brothers; mother and father in law; sister or brother in law; grandchildren; nieces and nephews. The length of leave will be determined by the Department Head and the City Manager. 8,10-7-8 Military Leave Employees called to military service ''ho are members of any reserve component of the military forces of the United States or National Guard, will be granted leave of absence without loss of status or pay not to exceed 15 working days per year when ordered to training or active service. The City must receive a copy of the orders from the proper authority directing the employee to report to duty. Military leaves of absence with or without pay shall be granted as provided in Minnesota and Federal Regulations. 1179 Jury Duty Any regular or probationary full-timeor part-time employee who is required to serve as a juror or who is under subpoena as a witness in court on City matters, will be granted leave with pay while serving in such capacity. The employee must provide the appropriate paperwork to the City prior to the leave being granted. The employee must give any fees received for such service with the exception of mileage or parking, to the City. When employees are excused from juty duty or serving as a witness during their regular working hours, they are expected to return to work if practicable. Temporary employees will be given leave without pay and may retain all fees received. 8.120 Bone Marrow and Organ Donation Leave A regular or probationaty full time eEmployees working an average of 20 or more hours per week, who seeks to undergo a medical procedure to donate bone marrow, an organ, or partial organ to another person, will be granted up to 40 hours of paid leave -e-f-abseaee. Employees must provide a medical verification by a physician as to the purpose and 56 October 2017 September May-20 I 76Novernbcr 2005 452353vt MDT BR291-350 Comment [A30]: Do you still offer/allow this? If so, I would leave it in For consistency, you may want to refer to the same family members as outlined in the sick leave section. City of Brooklyn Center length of each leave requested. 7.1-1 Election Days Employees eligible to vote in a regularly scheduled state primary or general election may be absent from work for the purpose of voting during the morning of the day of that election, without penalty or deduction from salary or wages because of the absence. A request for time off to vote must be made prior to eleeften-dayElection Day and the supervisor may specify the time when an employee may be absent for voting purposes-. (Added per City Council Resolution 2005 163.) 8.147I2 School Conference and Activities Leave In compliance with MN Statutes 181.94l2t. regular employeesworking an average of 20 or more hours per week may take unpaid leave up to a total of 16 hours during any 12- month period to attend school conferences or school-related activities related to the employee's child, provided the conferences or school-related activities cannot be scheduled during non-work hours. Parental leave must be requested in writing in advance and processed through the Department Head or Supervisor. An employee may request use accrued of vacationor other paid leave or leave without pay for leave under this section. 8.135 Parenting Leave In compliance with MN Statues 181.911; regular Pursuant to state law, certain employees shall be granted an unpaid parenting leave of-absenee-for a period not to exceed si twelve (12) weeksupon the birth or adoption of a child or for prenatal care of incapacity due to pregnancy, childbirth, or related health conditions. Eligible employees are those who have: I) been employed by the City for at least 12 months preceding the request for leave: and 2) worked an averace of 20 hours or more per week. Eligible employees anticipating parenting leave must submit a written request to - ---{ Formatted: Indent: First line: 0" their supervisor, who will forward the request to human resources, before the anticipated birth or adoption of the child whenever possible. A parenting leave must may-not begin more than six weeks twelve (12) months after the birth or adoption of the child, unless If the child must remains in the hospital longer than the mother, then the leave may must not begin more than six \vccks twelve (12) months after the child leaves the hospital. No vacation or sick leave, or other benefits will accrue durinc the leave neriod. Employees shall be eligible for group health insurance benefits during the leave. but will be responsible for any costs of insuranceremium. Employee sareentit1edtoreturnto work in the same position and at the same rate of pay the employee w'as receiving prior to commencement of the leave. 6.16 Employee Volunteer Leave Employees maywjl-1 be paid up to 20 hours annually to participate in local community volunteerbsg activities. This leave must be pre-approved by your supervisor prior to volunteering for the event. This program is to encourage our employees to become more 57 October 2017 -- - Comment [A31]: We should discuss the insurance premium issue. Employers can make employees pay tinder the state parenting leave lass, but under FisILA, no employer has to maintain the status quo. You may want to do the same across the board orjnst maintain current practices. {Formatted: Font: Bold May-20 I 76N-eveml3ep4005 452353v1 MDT BR291-350 City of Brooklyn Center engaged with the community of the City of Brooklyn Center. (Added per City Council Resolution 2005 163.) 8.1467 Unpaid Leave of Absence Employees must submit a written request for an unpaid leave of absence to the department head for approval with the final determination to be at the discretion of the City Manager. ALleave of absence without compensation may be granted by the City Manager for up to six calendar months to an employee for any reasonable purpose and extended by the City Manager for any reasonable period. f Formatted: Indent: Left: 0, banging: 0.5, Tab stops: -1, Left Sick and vacation leave will not accrue during an unpaid leave of absence. Accrued amounts of both sick leave and vacation leave will remain on the record at the inception of the leave of absence and shall continue upon the return of the employee. If the leave extends for more than 30 days. health and dental coverace and life insurance premiums must be paid in full by the employee during such leave or the coverage will lapse. For unpaid leaves of absence of 30 days or less. the City will continue its normal premium contribution or as policy allows. 78.1-8 Family Medical Leave Act - FMLA Family Leave is governed by the Family Medical Leave Act of 1993 as amended and Federal Regulations.FMLA provides a 12-week unpaid job-protected leave for certain employees in certain circumstances.- The City will adopt and comply with the Act (FMLA, Title 29, Part 825 of the Code of Federal Regulations) and all future revision to the Act. The following is a summary of the Family Medical Leave Act and how it applies to employees of the City of Brooklyn Center. A copy of the Federal Regulations is available for review from the human resources division. Jligible ----------------------------------------------------------- --------------------- ------ --fiatted: Font: Bold Eligible employees are those who have: al. Been employed by the City of Brooklyn Center for at least 12 months; and b2. Have worked a minimum of 1,250 hours within the previous 12-month period immediately preceding ethe request for leave. Circumstances Covered by Famil y Formatted: Font: Bold FMLA leave will be granted to an eligible employee for any of the following reasons: 1. Birth of a child and to care for the newborn child; 2b. Place of a child with the employee for adoption or foster care; 3€. Employee is needed to care for a family member (child, spouse, or parent) with a "serious health condition;" 4d. Employee's own "serious health condition" that makes the employee unable to perform the functions of his or her job; or 5€. Any "qualifying exigency" arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active 58 October 2017 Mav-201 76N-oiember-OO5 452353v1 MDT BR291-350 City of Brooklyn Center duty (or has been notified of an impending order to active duty) in support of a contingency operation. a. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. f6. Covered Service member (Military Caregiver) Leave In addition, the FMLA allows an eligible employee who is a spouse, son, daughter, parent or next of kin of a covered service member to take a total of 26 work weeks in a single 12-month period to care for a covered service member who suffers a serious injury or illness while on active duty. a.A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties. The service member must be undergoing medical treatment, recuperation or therapy, in outpatient status, or on the temporary disability retired list as a result of the line of duty serious injury or illness. Serious Health Conditlo- -----fFormaed: Font: Bold Federal law defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves either: al. Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care; or b. Continuing treatment by a health care provider, which includes: .IB. A period of incapacity lasting more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also includes: treatment two or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within 7 days and both within 30 days of the first day of incapacity); or one treatment by a health care provider (i.e., an in-person visit within 7 days of the first day of incapacity) with a continuing regimen of continuing treatment (e.g., prescription medication, physical therapy); or b.Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; C3. Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A 59 - October 2017 May-20 I 76Novembcr 2005 452353v1 MDT BR291-350 City of Brooklyn Center visit to a health care provider is not necessary for each absence; or 4i. A period of incapacity that is permanent or long term due to a condition for which treatment may not be effective. Only supervision by a health care provider is required, rather than active treatment; or e. Any absence to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days if not treated. Length -o - f Leave -fFormatted: Font: Bold The lengt of FMLA leave is not to exceed 12 weeks in any 12-month period. The entitlement to FMLA leave for the birth or placement of a child expires 12 months after the birth or placement of the child. ,51. Yea - --------------------fmatted: Font: Bold The leave year will begin the first day the employee is absent from work on FMLA leave. F. Notice --- - --- -- Formatted: Font: Bold The employee must give the City at least 30 days advance notice if the leave is foreseeable. If leave must be taken in less than 30 days, the employee should give as much notice as is practicable. An Remployee must submit their leave request in writing to their department head. The leave must be approved by the employee's department head and the eiCity mManager and is subject to the following provisions and the operating needs of the department. If an employee fails to apply for FMLA the City may declare coverage under the provisions of the law on their behalf. Medical Certificatlo- -----:- fFormatted: Font: Bold The employee must provide a medical certification if the leave is for the serious health condition of a child, spouse, parent or the employee. The employee must provide a medical certification completed by the attending physician or practitioner indicating the need for the leave. Forms are available from Human Resources. The City may require a second or third medical opinion at the City's expense. Used Annual Lea Formatted: Font: Bold The employee may choose to use accrued annual leave while on any FMLA leave, but will not be required to do so by the City. Those employees with accrued sick leave banks may choose to substitute sick leave in place of annual leave, or they may choose to supplement their leave with sick-leave hours after their annual leave has been depleted. 60 October 2017 September May-20 l76N-evcrnbcr 2005 452353v1 MDT BR291-350 City of Brooklyn Center The use of annual leave and/or sick leave occurs simultaneously with FMLA leave and does not extend the length of FMLA leave. J9 ...... Both Spouses Employe-d. by -City When a husband and wife Spouses who are eligible for FMLA leave and are employed by the same employer City may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken to care for the employee's parent with a serious health condition, for the birth of the employee's child or to care for the child after the birth, or for placement of a child with the employee for adoption or foster care or to care for the child after placement. -This limitation in the total weeks of leave applies to leave taken for the reasons specified as long as a husband and wife are employees of the City,If the leave is for other qualifying reasons. each spouse may take up to 12 weeks of FMLA leave per leave year. The leaves may run simultaneously. An employee on FMLA leave may choose to continue existing health-care benefits (health and dental) and life insurance if they so desire. These benefits will be maintained under the same conditions and at the same level of City contribution as before the employee goes on leave. If there are changes to the City's contribution levels and/or premium rates while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of the health-care and/or other insurance coverage they choose to continue. The employee may choose not to retain health-care or other insurance coverage during FIvILA leave. When the employee returns from leave, they will be reinstated on the same terms as prior to taking leave, without any qualifying period, physical examination, exclusion of pre-existing conditions or other requirement. --matted: Font: Bold Formatted: Font: Bold -fFormatted: Font: Bold The employee will be required to reimburse the City for any premiums paid during the leave if the employee does not return to work, unless the employee cannot return to work due to the continuation of a serious health condition of the child, spouse, parent or employee, or due to other circumstances beyond the control of the employee. Effect on Benefit Accrual f Formatted: Font: Bold The employee will not accrue benefits such as annual leave while on unpaid FMLA leave. Step increases will be extended by the length of the leave. Key Employee - ------ fFormatted: Font: Bold Employees who are not "key" employees will be reinstated to their same position or an equivalent position upon return from leave with equivalent pay, benefits and working conditions. A key employee is defined as a salaried employee who is in 61 October 2017 Ma-20 I 76Neeiber2O0 452353vt MDT BR291-350 City of Brooklyn Center the highest ten percent of all employees within 75 miles of the work site. Key employees may be denied reinstatement to the same or an equivalent position after a leave if denial is necessary to prevent substantial economic injury to the City's operations. 7.16 Limitation of Grants of No Accrual of Paid Leave During an Unpaid Leave of Sick and vacation leaveaccruals will not accumulate accrue during an unpaid leave of absence. without compensation; accrued amounts of both sick leave and vacation leave will remain on the record at the inception of the leave of absence and shall continue upon the return of the employee. If the leave extends for more than 30 days, health and dental coverage and life insurance premiums must be paid in full by the employee during-su-eh leave or the coverage will lapse-. For unpaid leaves of absence without compensation of 30 days or less, the City viii! continue its --. normal premium contribution or as policy allows. 78.17689 Leave Extension Requesl Failure on the part of the employee to request and receive authorization for an extension of Ileav within three working days of expiration of initial leave is consideils - resignation from employment. 78.204-9.78 Reinstatement from Leave of Absence A4. An employee returning from lleav mustnotify the employee's two weeks prior to the anticipated return date. B2. Upon return from a leave of absence, the employee will be assigned to the previously held position or a position in a comparable class except as herein provided. C 3 . An employee may be returned to employment at any time prior to the expiration of the leave by the action of the City Manager. 4. Employees returning from leave will retain all previously accrued benefits of employment and seniority. fent [A32]: Should this be combined with L.section 7 I-V' f iatted: Indent: Hanging: 0.5", Tab stops: 1-1, Left Formatted: Indent: Left: 0", Hanging: 0.5, Tab stops: -i, Left Formatted: Indent: Hanging: 0.5", Tab stops: -1", Left [Formatted: Indent: Left: 0", Hanging: 0.5', Tab stops: -1', Left Comment [A33]: Are 7.17 and 7.15 subsets of 7.10 Are these sections referring to unpaid leaves of absence? Comment [A34]: What type of leave? .-fcomment [A35]: Same comment. 62 October 2017 Maw-20 I 76Novcrnbcr 2005 452353v1 MDT BR291-350 City of Brooklyn Center I SECTION 98 - LIGHT DUTY I 28.1 Purpose The purpose of this policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the City Manager on a case-by-case basis. This policy does not guarantee assignment to light duty. I 8 2.2 Policy The City of Brooklyn Center's Light Duty Program is for short-term, temporary disability-type purposes; assignment of light duty is at the discretion of the City Manager. The City Manager reserves the sole right to determine when and if light duty work will be assigned. I 28.3 Procedure: Applying for Light Duty Work When an employee is unable to perform the essential requirements of the employee's job due to a temporary disability, the employee will notify the City Manager or Department Head in writing as to the nature and extent of the disability and the reason why the employee is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician's report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability including the expected time frame regarding return to work full time with no restrictions, meeting all essential requirements and functions of the City's position description along with a written request for light duty. The City may require an independent evaluation conducted by a physician selected by the City to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions. It is at the discretion of the City Manager whether or not to assign light duty work to the employee. Although this policy is handled on a case-by-case basis, light duty is recommended to last no longer than six months. The circumstances of each disabled employee performing light duty work will be reviewed regularly. Formatted: Font: 12 pt, Not Italic 9.4 Reasonable Accommodations to an Employee for Health Conditions Relating to -' {Formatted: Indent: Left: 0", Hanging: 0.5'j Pregnancy _The city will attempt toprovidea female employee who requests reasonable --.--Formatted: Font: 12 pt accommodation with the following for her health conditions related to her preenancv or 1Formatted: Indent: Left: 0.5' childbirth: A.More frequent restroom, food, and water breaks: B.Seating: C.Limits on lifting over 20 pounds: and/or D.Temporary transfer to a less strenuous or hazardous position, should one be ------ -[Formatted: Indent: Left: 0.5', Hanging: 0.5'j available. 63 October 2017 September Ma,'-20 I 76Novebe-2Q 452353v1 MDT BR291-350 City of Brooklyn Center Unless such accommodations impose an undue hardship on the city, the city will encace - --Indent: Left: 0, Hanging: 0.5' in an interactive process with respect to an employee's request for a reasonable accommodation. 64 October 2017 September Ma'-20 1 76-November-20O 452353v1 MDT 0R291-350 City of Brooklyn Center I SECTION I0 - SEPARATION FROM EMPLOYMENT 109.1 Resignation/Termination A-I-. To leave employment in good standing, employees must submit written rfesignation to the employer. Such written notices must indicate the effective date of resignation and must be submitted at least fourteen (14) calendar days before such effective date. Failure to comply with this procedure may be considered cause for denying future employment by the municipality and denial of benefits. 132. Unauthorized Absences. Unauthorized absence from work for a period of three working days may be considered as resignation without benefits. 109.2 Dismissal Because City employees are at-will employees. Tthe City-my retains the right to an i-mmed4-ate-discharge of an employeeat any time for any reason, with or without notice. I 109.3 Reduction in Force/Lay-Offs The City Manager may lay off any employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, or because of changes in the organization. A full-time benefit earning employee who is laid off from employment shall be provided with a minimum of 14 days advance notice of such layoff or as provided for inany applicable blabor Aagreement. A laid off full-time benefit earning employee shall have the rights to recall to the same position from which the employee was laid off for up to six months (180 calendar days) following the layoff. Part-time, seasonal, temporary, and non-benefit earning employees may be separated from employment at any time, without advance notice and shall have no recall rights. 109.4 Continuation of Benefits Separation - COBRA Federal law provides that employees who are actively enrolled in a health plan and who have separated from city service may continue on the city's group health, dental coverage plan and life insurance for up to 18 months. Pursuant to applicable state or federal law requirements, changes in family status, eligibility for Medicarc.Medicare or death of a spouse may warrant continuing coverage for up to 36 months. Continuing coverage premiums must be paid in full by the separated employee, their spouse or dependents, or coverage will lapse. See human resources for plan details.. (Added per City Counei-1 Resolution 2005 163.) 109.5 Benefits for City Retirees On August 13, 1990, Brooklyn Center City Council adopted Resolution 90-166 establishing Retirement Health Insurance Program. Benefits for City Retirees have continued to be approved by Council through the date of adoption of this document. It is in the best interest of the City of Brooklyn Center that retiring employees have 65 October 2017 Ma'-20 I 76Neyembee-2005 452353vt MDT BR291-350 City of Brooklyn Center available to them at their option a quality health insurance program. Therefore the City established a Retirement Health Insurance Program as follows: { Formatted: Indent: Left: 0, First line: 0 66 October 2017 Ma20 I 76NembeF2O 452353vt MDT BR291-350 City of Brooklyn Center 1. Benefits for City Retirees An. Employees Eligible for PERA Retirement All employees eligible for a PERA pension separating employment from the City -----{_Formatted: Indent: Left: 1 shall have the option of retaining membership in the City of Brooklyn Center's employee health and dental insurance plans as specified in MN Statute 471.61, subd.2b. Retirees may retain coverage of elected benefits upon prompt monthly payment of the full cost of all applicable premiums. Retirees may retain coverage until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. Bb. Employees Retiring with Full Unreduced PERA Pension with Continuous .-[Formatted: Indent: Left: 0, Hanging: 1 Full-time Uninterrupted Service with the City of Brooklyn Center and who were hired on or before January 1, 1992 Employees, on the day of his/her retirement, who meet eligibility requirements for -- -------[Formatted: Indent: Left: 1' a full-retirement annuity under PERA or PERA Police without reduction of benefits because of age, disability, or any other reason for reduction shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the City will pay the single-person premium until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. If the retiree desires to continue coverage other than single coverage and is enrolled in that coverage at the time of retirement and if such coverage is available under the City's policies, the additional cost for the coverage shall be paid promptly on a monthly basis by the retiree to the City of Brooklyn Center. The City will follow continuation benefits as specified in MN Statute 471.61, subd.2b. In addition, an employee qualifying for this program must have continuous full- -f Formatted: Indent: Left: 1 time uninterrupted service with the City of Brooklyn Center and be hired on or before January 1, 1992. Employees participate in this program on a voluntary basis. (Amended per City Council Resolution 2001 170.) 67 October 2017 September Mai-20 I 76Novembcr 2005 452353vI SlOT BR291-350 City of Brooklyn Center 9.6 Retiree Health Savings Plan (RHSP) noIongcrav ------1aent[A36]: 1 think You could remove all of 1 The Retiree Health Savings Plan (SP) is established to help defray the cost of medical this unless it still applies to certain employees J expenses and health insurance premiums for employees, spouses and dependents after the fFormatted: Indent: Left: 0" employee leaves employment with the City of Brooklyn Center. (Added per City Council Resolution 2004 171.) 1. Participation Eligibility *iatted: Indent: First line: 0" Regular full time benefit earning employees may have contributions made on their behalf into the"------- fatted: Indent: Left: 0' RHSP. -- * ftted: Indent: Left: 0" Every eligible employee in an employee group is required to participate in the RHSP for their group as outlined in this Personnel Policy or applicable labor agreement. When appropriate, each employee will have an account established in his or her name. Unless specifically noted other,vise, contributions (and earnings) to an employee's R44SP account are 3. Accessing Funds a. Employees may access the funds in their RHSP account when they are eligible to reti-re under the Public Employees Retirement Association's (PEP) rules. * ------ fafted: Indent: Left: 0" * -f Formatted: Indent: First line: 0' _frmatted: Indent: Left: 0" fFormatted: Indent: First line: 0" f For matted-, Indent: Left: 0", First line: OL—i b.Unless prohibited by the IRS, employees leaving employment with the City prior to Formatted: Indent: Left: 0", First line: 0" j eligible for retirement through PEPAI. for the reasons noted below, may make withdrawals on a tax free basis for eligible health related expenses. Upon termination of employment. f Formatted: No bullets or numbering If employee is collecting a disability. If employee is on a medical leave (six months or longer) If employee is on a leave of absence (one year or longer). If the employee returns to work and is earning medical benefits, they are no longer eligible to ----- --- fFormatted: Indent: Left: 0" make withdrawals fl -am their RHSP account. The IRS does not allow these funds to be rolled into any other type of plan, including an IRA -- ------ f Forma ted: Indent: Left: 0" c.Access following death. The surviving-spouse and eligible dependents continue to aeee&s* ------ f Formatted: Indent: Left: 0", First line: the account for eligible expense reimbursements until the RHSP account is exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be made to a beneficiary other than a surviving spouse or eligible dependent. However, such reimbursements would be taxable to the recipient. LFormatted: Indent: Left: 0" 68 October 2017 May-20 l76Novernbcr 2005 452353v1 MDT BR291-350 City of Brooklyn Center 5. Eligible Expenses Reimbursed by Plan Funds in an RHSP account may be used to reimburse: 1.Insurance premiums (health insurance premiums, Medicare supplemental insurance premiums, Medicare Part B insurance premiums. COBP'\ and Chapter 4 88 insurance premiums, long term care insurance premiums (not long term care expenses), and dental insurance premiums. 2.Most gualifing medical expenses as defined in Internal Revenue Code Section 213 (i.e. medical costs that would otherwise be deductible to the employee on his or her individual income tax return). f Formatted: Indent: First line: 0' fFormatted: Indent: Left: 0", First line: o" ] frmatted: Indent: Left: 0" 6.No Opt out .formatted: Indent: Left: 0", First line: 0" Employees and retirees in groups covered by the RHSP program are not permitted to opt out of - ------f -matted: Indent: Left: 0" the program. Participation is mandato-. 7.Program Administration -------[Formatted: Indent: Left: 0", First line: 0" Along with the Human Resources Division, the ICMA Retirement Corporation will administer -------{Formatted: Indent: Left: 0" the RHSP program. The employee controls ho','.' the money is invested similar to his or her &eeti-on 457 deferred compensation program. The employee receives an account statement each quarter from ICMA for his or her RHSP account. 8. Administrative Fees f Formatted: Indent: Left: 0", First line: 0" j The following administrative fees ','.'ill be assessed on each employee's account: 4- ------ Formatted: Indent: Left: 0" Account fee: 4- ------f Formatted: Indent: Left: 0", First line: 0" 1..900% will be applied to the first $7,000 balance. There is minimum annual charge of fFormatted: No bullets or numbering 2..55910 will be applied to assets between $7,001 and $23,000. 3. Accounts greater than $23,000, a maximum annual fee of $150 will apply.f Formatted: Indent: Left: 0" 1 There are also fees within the various mutual funds. Account administration fees will be calculated by WMA each quarter based on the balance on the last day of the previous quarter and will be charged against the account on a quarterly basis. 9. Plan l'Vlodifications 4 ------ Formatted: Indent: Left: 0", First line: 0" The details of WMA RC's administration of the RHSP as well as other features of the plan are - ------ LFormatted: Indent: Left: 0" set-forth in the RHSP materials provided by ICMA RC. These details and IRS regulations regarding the RHSP may be revised, necessitating the revision to this policy or other agreements between employee groups and the City. The City reserves the right to rnodi' its policy to comply with any other regulations regarding the planand to add contribution requirements. 69 October 2017 Ma','-20176Novenibcr 2005 452353v1 MDT BR291-350 City of Brooklyn Center 10. Contribution Formulas fFormatted: Indent: Left: 0", First line: 0" 1.Election for Pre Tax Contributions from Compensation. [Fo rmatted-. No bullets or numbering J Employees may elect to contribute up to 25% of their compensatien- f Formatted: Indent: Left: 0", First line: 0" ---f Formatted: Indent: Left: 0" T/,-is-1s a one time, irrevocable election. Employees must make this decision during the open enrollment period. 2.Severance Pay. ------ -1 Formatted: No bullets or numbering Employees who qualify to receive severance pay and vacation pay upon retiring or leaving the ------ f Formatted: Indent: Left: 0" city in good standing. as defined by the Personnel Policy, will designate from 0% to 100% (in 10% increments) to be placed in their individual RHSP accounts at the time ofretiremend-of resignation. 70 October 2017 Mw,-20176NeN ember 2005 452353vt MDT BR291-350 City of Brooklyn Center I SECTION 110 -TUITION REFUND PROGRAM 101.1 Tuition Refund Regular full-time employees who have passed their initial probation period may be eligible for reimbursement of tuition and required course fees for courses taken for credit through accredited educational institutions. Tuition reimbursement may be approved for courses with the following criteria: -I. a college level course available for credit; and 2B. course is taken on personal time; and C. course is "work related"; and D4. grade of "C ,' or better or "satisfactory" is received upon completion; and E. the training request receives pre approval,pre-approval and final approval by the City Manager. Full-time employees who have successfully completed probation may be eligible for a 60% reimbursement of books, tuition and required fees upon completion. Employees who have at least five years of consecutive full-time service are eligible for 75% reimbursement. All regular full time employees who are interested in participating in this program must first submit course work to City Manager for pie-approval. Pie-approval forms may be obtained from Human Resources. Employees must obtain pie-approval to ensure they obtain reimbursement through participation in this program. Maximum reimbursement is $1,500 per employee per calendar year; or may be lower due to budget constraints. 71 October 2017 September May-20 I 76November 2005 452353v1 MDT BR291.350 City of Brooklyn Center SECTION 142 - RECORDS AND REPORTS 112.1 Personnel File The official personnel file for each regular employee is maintained in the Administration office. Data regarding benefits is maintained in a separate file in the Administration office. The employee's personnel file contents are proprietary to the City and the employee may not exercise his/her right to review their file more often than once every six months unless new information has been added to the file. 124.2 Job Descriptions The City Manager, with assistance of human resources and department heads shall establish and maintain ajob description for each position. Job descriptions will be reviewed and revised as needed. Human Resources will maintain the official copy of each current job description for regular positions. 124.3 Performance Reports Department Heads and Supervisors shall conduct performance evaluations with regular employees on an annual basis. Evaluations may be conducted more frequently if an employee's performance is unsatisfactory, there are changes to the position or as determined by the supervisor. Performance evaluations should be discussed with the employee before being submitted to the City Manager. Performance evaluations shall be retained in the employee's personnel file. 124.4 Employee Identification Card Policy ,A_11 full-time andport-time regul -ar -emplov-ees- out- in-the.-f-eld- and/or -co-nducting -------------------f Formatted: Highlight inspections are required to have a City employee identification card. Other employees will be selected as deemed necessary by the department head. Upon termination with the City of Brooklyn Center, employee identification cards must be returned to the appropriate department head/supervisor. 72 October 2017 Ma-20 I 76No','cmber 2005 452353v1 MDT BR291.350 City of Brooklyn Center I SECTION 132 - EXPENSE REIMBURSEMENT POLICY 12.1 ClotliingfFootProteetion --fFormatted: Not Highlight Eligible Employee --do wed— -----[rormatted: Not Highlight All full and part time regular and seasonal employees in the work area of government buildings divisions and employees engaged in building inspection and engineering inspection/survey; golf course maintenance personnel as well as all others so designated (excluding IOUE Local #49 employees.) B2. Procedure Full-time employees will be reimbursed an allowance of$ 100 per calendar year for purchase of work clothing, protective clothing, safety jackets or vests, steel toed boots/shoes; uniform or rental of such work clothes for use on the job for the City of Brooklyn Center. The employer will reimburse part-time and/or seasonal employees an allowance of $50 per calendar year for the above listed purchases. The City reserves its right to ensure allowance is used for appropriate work attire. Receipts and description of purchase/rental required prior to reimbursement. Employees who choose to be reimbursed by the City for the optional clothing and/or footwear described above must submit to his/her supervisor a clothing/foot protection reimbursement form and proof of purchase. The supervisor will then submit this documentation to Finance for reimbursement. 123.2 Mileage Reimbursement Personal automobile use for authorized trips, meetings, work, etc., will be reimbursed at the rate consistent with IRS regulations. Mileage reimbursement requests must be in writing and approved by the Department Head. Use of personal vehicle for work purposes must be pre-approved by the Department Head. 4413.3 Personnel Expense Reimbursement { Formatted: Outline numbered + Level: 2 + 1 I Numbering Style: 1, 2, 3, + Start at: 3 + IMoving Expense: The City Manager may approve expenses for actual cost of moving I Alignment: Left + Aligned at: 0' + Indent at: Ihousehold goods and up to two trips with spouse to look for housing as related to L0.29" recruitment of Department Head level positions. -(Added per City Council Rcsotyitin 2001 152.) Travel: Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Brooklyn Center. In order to qualify for travel reimbursement, trips to a destination exceeding 100 miles from Brooklyn Center must have the prior approval of the City Manager. Rtquestsfior travel advances intended to defray costs incurred while -- - trip ------1Formatted: Not Highlight and prior to submission of an expense report shall be submitted to the City Manager for approval at least seven days in advance of the trip. jravel advances shall be limited-- ----fFormatted: Not Highlight percent of the estimated expenses for lodging, meals, and other related travel expenses. Costs of transportation and registration shall be advanced in full. 73 October 2017 Ma\-20 I 7éNevemhec-O0A 452353v1 MDT BR291-350 City of Brooklyn Center A-I-. A properly verified, itemized expense claim shall be submitted to the City Manager for approval within ten days following the date of return from an authorized trip. Expense claims shall be accompanied by receipts for: a!. Transportation costs to and from the destination via coach, tourist, or economy class transportation. b2. Lodging costs not to exceed a reasonable single-occupancy rate as determined by the City Manager. 3e. Conference or meeting registration fees. 44. Any unusual items for which advance approval has been obtained from the City Manager. B.The mode of transportation must be approved by the City Manager prior to any authorized trip. Personal automobile use for authorized trips will be reimbursed at a rate consistent with IRS regulations, or an amount equal to air travel tourist class, whichever is lesser. C.Reimbursement for meals while on authorized travel will be for actual expenditures with a maximum of 85% of the federal per diem rate per day. (Changed per City Council Resolution 2005 163.) D4. Reimbursement for mileage is intended to include provision for insurance with a reasonable deductible, which for purposes of this policy is assumed to be $500.00. Employees will be reimbursed for verifiable out-of-pocket expenses incurred for claims or damages relating to the use by the employees of their private vehicles on City business in an amount not to exceed $500.00 per occurrence. Reimburse- ment shall be made only for claims for damages arising from occurrences in which the employee is driving his or her car away from City Hall, or the employee's workstation, on City business under circumstances that would qualify for reimbursement for mileage. This paragraph does not limit the obligation of the City to indemnify employees for claims covered by Minnesota Statutes, Section 466.07 or other law—(Added-per- 132.4 Accrual of Benefits for Airline for City Business City employees/officials using City funds, traveling on City business and using commercial airlines cannot claim frequent flyer mileage or any other similar type credit as their own. Employees/officials must certify that they have not claimed frequent flyer mileage or similar such credits for personal use when they apply for travel reimbursement for City trips. Employees/officials are encouraged to obtain a separate frequent flyer card exclusively for City travel. Employees/officials must use frequent flyer tickets earned while traveling on City business for City travel. Employees/officials cannot use frequent flyer miles as reimbursement for City trips. I 132.5 City Vehicles 74 October 2017 M,-201 76Neember-200 452353v1 MDT BR291-350 City of Brooklyn Center Certain employees of the City are required to drive a City vehicle to their home and keep it there while off duty. They must do so to be able to respond to emergency situations. These emergency situations include fire and police protection, civil defense, and restorin g- City services such as water, sewer, and streets. It may also be necessary to keep a City vehicle at home for security purposes or other City business purposes. These vehicles must be used for City business use only and cannot be used for the personal use of any employee. Such use is assigned and approved by the City Manager. (Changed per City Council Resolution 2000 115.) 75 October 2017 My-201 7Neiember-200 452353v1 MDT BR291-350 City Council Agenda Item No. 6g :s1IiIJ[OIui I IhYAIh I*' (I)tiI I1JAi DATE: May 14, 2018 TO: Curt BCity Manager FROM: Nathan Reinhardt, Finance Director I'AL SUBJECT: Resolution Providing for the Competitive Negotiated Sale of $8,530,000 General Obligation Improvement and Utility Revenue Bonds, Series 2018A Recommendation: It is recommended that the City Council consider approval of the attached resolution setting the date of the sale of $8,530,000 General Obligation Improvement and Utility Revenue Bonds, Series 2018A to finance the construction of Firehouse Park Area Improvements and Water Tower No. 2 Reconditioning for June 11, 2018. Background: Firehouse Park Area Improvements The City's Capital Improvement Plan identifies the Firehouse Park Area Neighborhood for reconstruction in 2018, as part of its long-range infrastructure rehabilitation program referred to as the Neighborhood Street and Utility Improvement Program. The program has consisted of a systematic rehabilitation and/or replacement of the City's aging streets, water main, sanitary sewers, sidewalks and street lights. The Firehouse Park Area project extends from 69th Avenue to Interstate 94 and from Humboldt Avenue to Trunk Highway 252. Dupont Avenue and 65th Avenue are not included in the project area. The total project length is 21,456 feet and the neighborhood consists of approximately 305 single-family residential properties and 14 multi-family properties. On December 11, 2017 the City Council approved a resolution ordering improvements and authorizing preparation of plans and specifications for the Firehouse Park Area street, storm drainage and utility improvements. City Council also approved a resolution certifying the special assessments on this project. On April 23, 2018 the City Council accepted the bid and awarded the contract of Firehouse Park Area Improvements to the lowest responsible bidder. The estimated cost of the project (amended per low bid) is $10,491,397, of this total cost, $7,350,000 of street, storm drainage and water infrastructure costs will be financed through bond proceeds and paid from a combination of future special assessments, property taxes and utility revenues. Water Tower No. 2 Reconditioning/Painting Water Tower No. 2, a one-million gallon elevated storage tank located at 691h Avenue and Dupont Avenue was constructed in 1960. In 1984 the interior and exterior coating systems were Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment COUNCIL ITEM MEMORANDUM completely replaced. In 1997 the interior and exterior coating systems were spot repaired, power washed and a urethane top coat was applied to the existing system. The estimated service life for the work completed in 1997 was 15 to 20 years. The tower has been inspected every five years and no further repair work has been completed since. On April 9, 2018 the City Council accepted the bid and awarded the contract of Water Tower No. 2 Reconditioning to the lowest bidder. The estimated total cost of the project of $1,391,000 will be financed through bond proceeds and paid from future water utility revenues. Budget Issues: The Firehouse Park Area Improvements and the Water Tower No. 2 Reconditioning Project were included in the 2018 adopted budget. The Street Reconstruction fund which is the primary source of funding for the City's share of street reconstruction improvements receives approximately $680,000 per year in franchise fees. Franchise fees are not adequate to cover the City's share of street reconstruction expenditures which have an estimated average annual cost of $4.4 million for the years 2018 through 2020 as identified in the Capital Improvement Plan (CIP). The proposed 2018A bond issue includes approximately $2.1 million in street reconstruction costs that will be repaid from an additional debt service property tax levy. The estimated required levy for the new debt service in 2019 is approximately $258,000, which equates to an approximate 1.5% levy increase for taxes payable in 2019. In comparison, the 2018 budget estimated the need for $2.8 million to be repaid with additional property tax dollars, which would have equated to a $325,000 annual levy (1.9% levy increase). The decrease is a direct result of the accepted low bid on the Firehouse Park Area Neighborhood project at below the engineer's estimated cost. The Special Assessments Capital Project fund accounts for infrastructure replacement costs that are funded entirely by special assessments. Because special assessments are repaid over ten years, bonds are frequently issued to provide immediate funding for the project costs. The 2018A bond issue includes approximately $1.9 million in street/storm drainage improvements that will be funded by special assessment revenue. The utility funds pay for infrastructure replacement costs through utility charges. Issuing debt to provide funding for the infrastructure improvements will allow the City to minimize the impact on these charges. The 2018A bond issue includes $3.07 million in water utility costs and $1.47 million in storm drainage costs that will be funded through water and storm drainage utility fees. Debt Summary (By Repayment Source) Property Tax Levy $2,100,000 Special Assessments 1,900,000 Water Charges 3,065,000 Storm Drainage Charges 1,465,000 Total Debt Issue $8,530,000 Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment flSJ[S1$•IIDWA L Iøk'I (0] 111HWiI We have attached a copy of the projected debt schedules for the issuance of bonds prepared by the City's financial advisor, Springsted Incorporated. A bond rating call is expected to take place at the end of May, in which we anticipate that Standard & Poor's will confirm that the bonds will continue to be rated AA. The anticipated net interest cost of the bond sale is 2.96 percent, received on last year's bond issue. Competitive proposals financial advisor, Springsted Incorporated at 10:00am on June bonds will be received July 10th, 2018. which compares to 1.96 percent will be received by the City's 11th 2018. Proceeds from the Strategic Priorities: Safe, Secure, Stable Community Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA HELD: May 14,2018 Pursuant to due call and notice thereof, a regular meeting of the City Council of City of Brooklyn Center, Minnesota, was duly called and held at the City Hall in the City on Monday, the 14th day of May, 2018, at 7:00 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $8,530,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2018A BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.Finding Amount and Purpose. It is hereby found, determined and declared that the City of Brooklyn Center, Minnesota (the "City"), should issue $8,530,000 General Obligation Improvement and Utility Revenue Bonds, Series 2018A, to finance various street and utility improvement projects within the City. 2.Meeting. This City Council shall meet on the date and at the time and place specified in the form of Terms of Proposal attached hereto as Exhibit A for the purpose of awarding the sale of the Bonds. 3.Competitive Negotiated Sale. The City has retained Springsted Incorporated as an independent municipal advisor, and the City Council hereby determines to sell the Bonds by private negotiation, by way of a competitive sale in response to Terms of Proposal for the Bonds which are not published in any newspaper or journal. 4.Terms of Proposal. The terms and conditions of the Bonds and the sale thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby made a part hereof. 5. Official Statement. The City Finance Director and other officers or employees of the City are hereby authorized to participate with Springsted Incorporated in the preparation of an official statement for the Bonds. 5227740 JSB BR291-384 The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 2 5227741 JSB BR291-384 STATE OF MINNESOTA ) CITY OF BROOKLYN CENTER ) HENNEPIN COUNTY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center (the "City"), DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council called and held on the date therein indicated, which are on file and of record in my office, and the same is a fill, true and complete transcript there from insofar as the same relates to the City's $8,530,000 General Obligation Improvement and Utility Revenue Bonds, Series 2018A. WITNESS my hand as such Clerk of the City this day of 2018. City Clerk 3 5227740 JSB BR291-384 EXHIBIT A TERMS OF PROPOSAL THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $8,530,000* CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2018A (BOOK ENTRY ONLY) Proposals for the above-referenced obligations (the "Bonds") will be received by the City of Brooklyn Center, Minnesota (the "City") on Monday, June 11, 2018, (the "Sale Date") until 10:00 A.M., Central Time at the offices of Springsted Incorporated ("Springsted"), 380 Jackson Street, Suite 300, Saint Paul, Minnesota, 55101, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at its meeting commencing at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of a bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the proposal is submitted. (a)Sealed Bidding, Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted proposal. Moll (b)Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY ®. For purposes of the electronic bidding process, the time as maintained by PARITY shall constitute the official time with respect to all proposals submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PAR JT1' for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents, nor PARITY ® shall have * Preliminary; subject to change. 522774v1 JSB BR291-384 any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents, nor PARITY ® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY ® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY ®, 1359 Broadway, 2'" Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2019. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2020 $735,000 2022 $785,000 2024 $850,000 2026 $895,000 2028 $940,000 2021 $750,000 2023 $815,000 2025 $880,000 2027 $920,000 2029 $960,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the amount of any maturity or maturities in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Bonds as that of the original proposal. Gross spread for this purpose is the differential between the price paid to the City for the new issue and the prices at which the proposal indicates the securities will be initially offered to the investing public. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository for the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as A-2 5227741 JSB BR291-384 registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The lowest bidder (the "Purchaser"), as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable regulations of the Securities and Exchange Commission. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2026, and on any day thereafter, to redeem Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be redeemed. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All redemptions shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefitted properties and net revenues of the City's water, storm, drainage, and sanitary sewer utility funds for repayment of a portion of the Bonds. The proceeds of the Bonds will be used to finance various street and utility improvements within the City. BIDDING PARAMETERS Proposals shall be for not less than $8,530,000 (Par) plus accrued interest, if any, on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals on the Sale Date unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity as stated on the proposal must be 98.0% or greater. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. ESTABLISHMENT OF ISSUE PRICE In order to provide the City with information necessary for compliance with Section 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder (collectively, the "Code"), the Purchaser will be required to assist the City in establishing the issue price of the Bonds and shall complete, execute, and deliver to the City A-3 5227741 JSB BR291-384 prior to the closing date, a written certification in a form acceptable to the Purchaser, the City, and Bond Counsel (the "Issue Price Certificate") containing the following for each maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate CUSIP number within that maturity): (i) the interest rate; (ii) the reasonably expected initial offering price to the "public" (as said term is defined in Treasury Regulation Section 1.148-1(f) (the "Regulation")) or the sale price; and (iii) pricing wires or equivalent communications supporting such offering or sale price. Any action to be taken or documentation to be received by the City pursuant hereto may be taken or received on behalf of the City by Springsted. The City intends that the sale of the Bonds pursuant to this Terms of Proposal shall constitute a "competitive sale" as defined in the Regulation based on the following: (i)the City shall cause this Terms of Proposal to be disseminated to potential bidders in a manner that is reasonably designed to reach potential bidders; (ii)all bidders shall have an equal opportunity to submit a bid; (iii)the City reasonably expects that it will receive bids from at least three bidders that have established industry reputations for underwriting municipal bonds such as the Bonds; and (iv)the City anticipates awarding the sale of the Bonds to the bidder who provides a proposal with the lowest true interest cost, as set forth in this Terms of Proposal (See "AWARD" herein). Any bid submitted pursuant to this Terms of Proposal shall be considered a firm offer for the purchase of the Bonds, as specified in the proposal. The Purchaser shall constitute an "underwriter" as said term is defined in the Regulation. By submitting its proposal, the Purchaser confirms that it shall require any agreement among underwriters, a selling group agreement, or other agreement to which it is a party relating to the initial sale of the Bonds, to include provisions requiring compliance with the provisions of the Code and the Regulation regarding the initial sale of the Bonds. If all of the requirements of a "competitive sale" are not satisfied, the City shall advise the Purchaser of such fact prior to the time of award of the sale of the Bonds to the Purchaser. In such event, any proposal submitted will not be subject to cancellation or withdrawal. Within twenty-four (24) hours of the notice of award of the sale of the Bonds, the Purchaser shall advise the City and Springsted if a "substantial amount" (as defined in the Regulation) of any maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate CUSIP number within that maturity) has been sold to the public and the price at which such substantial amount was sold. The City will treat such sale price as the "issue price" for such maturity, applied on a maturity-by-maturity basis. The City will not require the Purchaser to comply with that portion of the Regulation commonly described as the "hold-the-offering-price" requirement for the remaining maturities, but the Purchaser may elect such option. If the Purchaser exercises such option, the City will apply the initial offering price to the public provided in the proposal as the issue price for such maturities. If the Purchaser does not exercise that option, it shall thereafter promptly provide the City and Springsted the prices at which a substantial amount of such maturities are sold to the public; provided such determination shall be made and the City and Springsted notified of such prices whether or not the closing date has A-4 5227740 JSB BR291-384 occurred, until the 10% test has been satisfied as to each maturity of the Bonds or until all of the Bonds of a maturity have been sold. GOOD FAITH DEPOSIT To have its proposal considered for award, the Purchaser is required to submit a good faith deposit to the City in the amount of $85,300 (the "Deposit") no later than 1:00 P.M., Central Time on the Sale Date. The Deposit may be delivered as described herein in the form of either (i) a certified or cashier's check payable to the City; or (ii) a wire transfer. The Purchaser shall be solely responsible for the timely delivery of its Deposit whether by check or wire transfer. Neither the City nor Springsted have any liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. Certified or Cashier's Check. A Deposit made by certified or cashier's check will be considered timely delivered to the City if it is made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101 by the time specified above. Wire Transfer. A Deposit made by wire will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Springsted following the receipt and tabulation of proposals. The successful bidder must send an e-mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the Purchaser will be retained by the City and no interest will accrue to the Purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the Purchaser fails to comply with the accepted proposal, said amount will be retained by the City. The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. A-S 5227741 JSB BR291-384 BOND INSURANCE AT PURCHASERS OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT On or about July 10, 2018, the Bonds will be delivered without cost to the Purchaser through DTC in New York, New York. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The Purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Bonds, and said Preliminary Official Statement has been deemed final by the City as of the date thereof within the meaning of Rule 1 5c2-12 of the Securities and A-6 522774v1 JSB BR291-384 Exchange Commission. For copies of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. A Final Official Statement (as that term is defined in Rule 1 5c2-12) will be prepared, specifying the maturity dates, principal amounts, and interest rates of the Bonds, together with any other information required by law. By awarding the Bonds to the Purchaser, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the Purchaser up to 25 copies of the Final Official Statement. The City designates the Purchaser as its agent for purposes of distributing copies of the Final Official Statement to each syndicate member, if applicable. The Purchaser agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with its syndicate members for purposes of assuring the receipt of the Final Official Statement by each such syndicate member. Dated May 14, 2018 BY ORDER OF THE CITY COUNCIL Is! Sharon Knutson City Clerk A-7 522774v1 JSB BR291-384 $8,530,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2018A ISSUE SUMMARY -Total Issue Sources And Uses Dated 07/10/20181 Delivered 07/1012018 Street Improvement Storm Drainage Water Portion Improvements Improvements Water Tower Issue Summary Sources Of Funds Par Amount of Bonds ..................... .. ................$4,000,000.00 $1,465,000.00 $1710000.00 $1355000.00 $8,530,000.00City Street Reconstruction Fund.. ....................920,826.61 ---920,826.61Municipal State Aid ..................................... ......410,000,00 ---410000.00Reoffering Premium ............. ............ .. ..............165,589.25 58,141.85 67,700.05 53,236.40 344,667.55City Cash ..........................................................870.00 85,585.83 27,253.00 -113,708.83 City Street Light Utility......................................73,781.25 ---73,781.25 CenterPoint Energy ..........................................19,378.00 ---19,378.00 Total Sources..................................................$5,590,445.11 $1,608,727.68 $1,804,953.05 $1,408,236.40 $10,412,362.24 Uses Of Funds Deposit to Project Construction Fund 5,526,700.14 1,585,585.83 1,777,253.00 1,391,000.00 10,280,538.97Costs of Issuance .................. ..................... ......31,291.64 15,212.07 17,756.07 4,670.22 68,930.00Total Underwriter's Discount (0.700%)28,000.00 10,255.00 11,970.00 9,485.00 59,710.00 Rounding Amount.............................................4,453.33 (2,325.22)(2,026.02)3,081.18 3,183.27 Total Uses.......................................................$5,590,445.11 $1,608,727.68 $1,804,953.05 $1,408,236.40 $10,412,362.24 otal Project Costs $5,526,700.14 $1,585,585.83 $1,777,253.00 $1,391,000.00 $10,280,538.9ess: Non-bond sources of funds 1,424,855.86 85,585.83 27,253.00 1,537,694.6lond Proceeds to Fund Projects $4,101,844.28 $1,500,000.00 $1,750,000.00 $1,391,000.00 $8,742,844.2 2018A G(JJrnp& UJJR,,'A' / / 412512018 / 900 AM Sprinqsted $8,530,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2018A ISSUE SUMMARY Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price VIM Call Date Call Price Dollar Price 02/01/2020 Serial Coupon 5.000%2.200%735,000.00 104.264% - -766,340.40 02/0112021 Serial Coupon 5.000%2.350%750,000.00 106.541% - - -799,057.50 02/0112022 Serial Coupon 5.000%2.450%785,000.00 108.637% - -852,800.45 02/01/2023 Serial Coupon 5.000%2.550%815,000.00 110.478% - - -900,395,70 02/01/2024 Serial Coupon 5.000%2.650%850,000.00 112.069% - - -952,586.50 02/01/2025 Serial Coupon 3.000%2.750%880,000.00 101.489% - -893,103.20 02101/2026 Serial Coupon 3.000%2.850%895,000.00 101.012% - - -904,057.40 02101/2027 Serial Coupon 3.000%2.950%920,000.00 100.335% c 2.955% 02/01/2026 100.000%923,082.00 02/01/2028 Serial Coupon 3.000%3.050%940,000.00 99.586% - - -936,108.40 02/01/2029 Serial Coupon 3.000%3.150%960,000.00 98.660% - - -947,136.00 Total ---$8,530,000.00 - - - - -$8,874,667.55 Bid Information ParAmount of Bonds ........... ............. .............................................................................................................................................$8,530,000.00 ReofferingPremium or (Discount).................................................................................................................................................344 ,667 .55 GrossProduction...........................................................................................................................................................................$8 ,874 ,667 .55 Total Underwriter's Discount (0.700%) .........................................................................................................................................$(59,710.00) Bid(103.341 %) ..............................................................................................................................................................................8,814,957.55 TotalPurchase Price......................................................................................................................................................................$8 ,814 ,957 .55 BondYear Dollars..........................................................................................................................................................................$53 ,827 .58 AverageLife...................................................................................................................................................................................6.310 Years AverageCoupon............................................................................................................................................................................3 .5312162 % NetInterest Cost (NIC) ....................................................... ...........................................................................................................3.0018267% TrueInterest Cost (TIC).................................................................................................................................................................2 .9624807 % 2018A GOIinp tW Rev Rc / Iss,,e Swnn,aJy / 412512018 / OOOAM Sprinqsted $8,530,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2018A ISSUE SUMMARY NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+l City Cash Net New DIS 105% of Total Assessment Levy Required Utility Net Levy Revenues Required (at 105%) 02101/2019 --106,018.33 186,818.33 186,810.33 ----- 02101/2020 735,000.00 5.000%334,600.00 1,069,600.00 - 1,069,600.00 1,123,080.00 290,489.85 832,590.15 573,930,00 258,860.15 02101/2021 750,000.00 5.000%297,050.00 1,047,850.00 - 1,047,850.00 1,100,242.50 272,250.83 827,991.67 570,255.00 257,736.6702/01/2022 785,000.00 5.000%260,350.00 1,045,350.00 - 1,045,350.00 1,097,617.50 264,243.45 833,374,05 571,042.50 282,331.5502/01/2023 815,000.00 6.000%221,100.00 1,030,100.00 - 1,036,100.00 1,087,905.00 256,236.07 831,668.93 570,780.00 260,808.93 02101/2024 850,000,00 5.000%180350.00 1.030,350.00 - 1,030,350.00 1,081,867.50 248,228.69 833,638.81 574,717.50 258,921.3102101/2025 880,000.00 3.000%137,850.00 1.017,850.00 - 1,017,850.00 1,068,742,50 240,221.31 828,521.19 572,092.50 256,428.6902101/2026 895,000,00 3.000%111,450.00 1,006,450,00 - 1,006,450.00 1,056,772.50 232,213.93 824,658.57 587,787.50 256,771.0702/0112027 920,000.00 3.000%84,600.00 1,004,600.00 - 1,004,600.00 1,054,830.00 224,206,57 830,623.43 573,667.50 256,955.9302101/2028 940,000.00 3,000%57,000.00 997,000.00 - 997,800.00 1,046,850.00 216,199.18 830,650.82 573,667,50 256,983.3202/01/2029 860,000.00 3,000%28,800.00 988,800,00 - 988,800.00 1,038,240.00 208,191.80 830,048.20 573,195.00 256,853.20 Total $8,530,000.00 -$1,900,768.33 $10,430,768.33 $186,818.33 $10,430,768.33 $10,952,306.75 $2,452,481.68 $8,303,665.82 $5,721,135.00 $2,862,530.82 7/10/2018DeliveryDate ...........................................................................................................................................................................................7/10/2018FirstCoupon Date .......................................................................................................................................................................................2/01/2019 Yield Statistics BondYear Dollars ................................ .............. .......... ............... . ................ ............ ..................... ..............................................................$53,827.58 AverageLife ............................. . ................. ............ ................ .................. ...................... ...................... AverageCoupon................................................................................................................................................................................................................. ............................6.310 Years 3.5312162% NetInterest Cost (NIC).................................................................................................................................................................................3.0018267% TrueInterest Cost (TIC) ................................................................................................................................................................................ 2.9624807% BondYield for Arbitrage Purposes................................................................................................................................................................2.8401810% AllInclusive Cost (AIC) ................................................................................................................................................................................3,1050823% IRS Form 8038 NetInterest Cost.......................................................................................................................................................................................2.8184918%WeightedAverage Maturity..........................................................................................................................................................................6.221 Years 201u4 Gc'b,,p.Q l-flevm, / fswc5u,,,,,.o' / 4/25/2c'lS / itCWASI Sprinqstecl $4,000,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2018A Street Improvement Portion NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+l City Cash Net New DIS 105% of Total Assessment Levy Required 02/0112019 --88216.67 88216.67 88,216.67 ---- 02101/2020 365,000.00 5.000%158,000.00 523,000.00 - 523,000.00 549,150.00 290,489.85 258,660.15 02/01/2021 365,000.00 5.000%139,750.00 504,750.00 - 504,750.00 529,987.50 272,250.83 257,736.67 02/0112022 380,000.00 5.000%121,500.00 501,500.00 - 501,500.00 526,575.00 264,243.45 262,331.55 02101/2023 390,000.00 5.000%102,500.00 492,500.00 - 492,500.00 517,125.00 256,236.07 260,888.93 02101/2024 400,000.00 5.000%83,000.00 483,000.00 - 483,000.00 507,150.00 248,228.69 258,921.31 02/0112025 410,000.00 3.000%63,000.00 473,000.00 - 473,000.00 496,650.00 240,221.31 256,428.69 02/01/2026 415,000.00 3.000%50,700.00 465,700.00 - 465,700.00 488,985.00 232,213.93 256,771.07 02/01/2027 420,000.00 3.000%38,250.00 458,250.00 - 458,250.00 481,162.50 224,206.57 256,955.93 02/0112028 425,000.00 3.000%25,650.00 450,650.00 - 450,650.00 473,182.50 216,199.16 256,983.32 02/0112029 430,000.00 3.000%12,900.00 442,900.00 - 442,900.00 465,045.00 208,191.80 256,853.20 Total $4,000,000.00 -$883,466.67 $4,883,466.67 $88,216.67 $4,795,250.00 $5,035,012.50 $2,452,481.68 $2,582,530.82 Dated ..................................................................................... .. ............................................................................................................7/10/2018 DeliveryDate ...........................................................................................................................................................................................7/10/2018...... 2/01/2019FirstCoupon Date ................................................................................................................................................................................. Yield Statistics BondYear Dollars ............. .......................................................................................................................................................................... $24,878.33 AverageLife ............................................................................................................................................................................................6.220 Years AverageCoupon..........................................................................................................................................................................................3 .5511489 % NetInterest Cost (NIC) ................................... .............................................................................................................................................2.9981004% TrueInterest Cost (TIC) ......................................................................................................................................... ..................................... 2.9571082% BondYield for Arbitrage Purposes ..............................................................................................................................................................2.8401810% AllInclusive Cost (AIC) ................................................................................................................................................................................3.0969069% IRS Form 8038 NetInterest Cost .......................................................................................................................................................................................2.8106614% WeightedAverage Maturity ................................................................ .........................................................................................................6.131 Years 201,'4 GOI,,,p. L'IJ/O'&' / Sf,,tJ,,,j',,,, ,,,IP,,,th, / 412512018 / 95%)A5f Spnngsted $2,001,844 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2018A Assessments ASSESSMENT INCOME Date Principal Coupon Interest Total P+l 12/31/2018 ---- 12/31/2019 200,184.43 4.000%90,305.42 290489.85 12/31/2020 200,184.43 4.000%72,066.40 272,250.83 12/3112021 200,184.43 4.000%64,059.02 264,243.45 12/3112022 200,184.43 4.000%56,051.64 256,236.07 12/31/2023 200,184.43 4.000%48,044.26 248,228.69 12/31/2024 200,184.43 4.000%40,036.88 240,221.31 12/31/2025 200,184.43 4.000%32,029.50 232,213.93 12/31/2026 200,184.43 4.000%24,022.14 224,206.57 12/31/2027 200,184.42 4.000%16,014.76 216199.18 12/31/2028 200,184.42 4.000%8,007.38 208,191.80 Total $2,001,844.28 -$450,637.40 $2,452,481.68 SIGNIFICANT DATES FilingDate..............................................................................................................................................................................11/15/2018 FirstPayment Date................................................................................................................................................................12/31/2019 2018A Assssnien!s 2018-04 / S1NLLEPL'RPOSE / 412312018 / A-01 PW Sprinqsted $1,465,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2018A Storm Drainage Improvements DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% Levy 02101/2019 --31,908.75 31,908.75 33,504.19 02/01/2020 120,000.00 5.000%57,150.00 177,15000 186,007.50 02/01/2021 125,000.00 5.000%51,150.00 176,150.00 184,957.50 02/01/2022 130,000.00 5.000%44,900.00 174,900.00 183,645.00 02/01/2023 140,000.00 5.000%38,400.00 178,400.00 187,320.00 02101/2024 145,000.00 5.000%31,400.00 176,400.00 185,220.00 02/01/2025 155,000.00 3.000%24,150.00 179,150.00 188,107.50 02/01/2026 155,000.00 3.000%19,500.00 174,500.00 183,225.00 02/01/2027 160,000.00 3.000%14,850.00 174,850.00 183,592.50 02/01/2028 165,000.00 3.000%10,050.00 175,050.00 183,802.50 02/01/2029 170,000.00 3.000%5,100.00 175,100.00 183,855.00 Total $1,465,000.00 -$328,558.75 $1,793,558.75 $1,883,236.69 SIGNIFICANT DATES Dated.....................................................................................................................................................................................7/10/2018 DeliveryDate ........................ .................................................................................................................................................7/10/2018 FirstCoupon Date ..................................................................................................................................................................2/01/2019 Yield Statistics BondYear Dollars..................................................................................................................................................................$9,34 2 .96 AverageLife..........................................................................................................................................................................6.377 Years AverageCoupon....................................................................................................................................................................3.516645 8 % NetInterest Cost (NIC)..........................................................................................................................................................3.0041009% TrueInterest Cost (TIC) ..................................................................................................................................................... ....2.9659030% Bond Yield for Arbitrage Purposes.........................................................................................................................................2.84018 10 % All Inclusive Cost (AIC) ..........................................................................................................................................................3.1477003% IRS Form 8038 NetInterest Cost ............................ ........................................................................................................................................2.8236254% WeightedAverage Maturity...................................................................................................................................................6.288 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriters discount bid may also vary. 2018A CO Imp S L'ilRevflo / St,ni,, DiinaehnproI'mmn / 412512018 / &14 AM Sprinçjsted $1,710,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2018A Water Improvements DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% Levy 02101/2019 --37,240.83 37,240.83 39,102.87 02/01/2020 140,000.00 5.000%66,700.00 206,700.00 217,035.00 02/01/2021 145,000.00 5.000%59,700.00 204700.00 214935.00 02/01/2022 155,000.00 5.000%52,450.00 207,450.00 217,822.50 02/0112023 160,000.00 5.000%44,700.00 204,700.00 214,935.00 02/01/2024 170,000.00 5.000%36,700.00 206700,00 217,035.00 02/01/2025 175,000.00 3.000%28,200.00 203,200.00 213,360.00 02/01/2026 180,000.00 3.000%22,950.00 202,950.00 213,097.50 02/01/2027 190,000.00 3.000%17,550,00 207,550.00 217,927.50 02/01/2028 195,000.00 3.000%11,850.00 206,850.00 217,192.50 02/0112029 200000.00 3.000%6,000.00 206,000.00 216,300.00 Total $1,710,000.00 -$384,040.83 $2,094,040.83 $2,198,742.87 SIGNIFICANT DATES Dated.....................................................................................................................................................................................7/10/2018 DeliveryDate ..................... ................................................................................................................ ....................................7/10/2018 FirstCoupon Date..................................................................................................................................................................2/01/2019 Yield Statistics BondYear Dollars..................................................................................................................................................................$10,924.75 AverageLife ...................... ....................................................................................................................................................6.389 Years AverageCoupon ............................................................................ ........................................................................................3.5153283% NetInterest Cost (NIC)..........................................................................................................................................................3.0052018% TrueInterest Cost (TIC).........................................................................................................................................................2.9672232% Bond Yield for Arbitrage Purposes.........................................................................................................................................2.8401810% All Inclusive Cost (AIC)..........................................................................................................................................................3.1487615% IRS Form 8038 NetInterest Cost....................................................................................................................................................................2.8253018% WeightedAverage Maturity...................................................................................................................................................6.298 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. 2013A GO Imp & L'/IRevRo / Wtcrhnpiôvmienfs / 412512018 / 9:14 AM Sprinçjsted $1,355,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2018A Water Tower DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% Levy 02/01/2019 ..-29,452.08 29,452.08 30,924.68 02101/2020 110000.00 5.000%52,750.00 162,750.00 170,887.50 02/01/2021 115,000.00 5.000%47,250.00 162,250.00 170,362.50 02/01/2022 120,000.00 5.000%41,500.00 161500.00 169,575.00 02/01/2023 125,000.00 5.000%35500.00 160,500.00 168,525.00 02/01/2024 135,000.00 5.000%29,250.00 164,250.00 172,462.50 02/01/2025 140,000.00 3.000%22,500.00 162,500.00 170,625.00 02/01/2026 145,000.00 3.000%18,300.00 163,300.00 171,465.00 02/01/2027 150,000,00 3.000%13,950.00 163,950.00 172,147.50 02/01/2028 155,000.00 3.000%9,450.00 164,450.00 172,672.50 02/01/2029 160,000.00 3.000%4,800.00 164,800.00 173,040.00 Total $1,355,000.00 -$304,702.08 $1,659,702.08 $1,742,687.18 SIGNIFICANT DATES Dated........................................................................................................................ .............................................................7/10/2018 DeliveryDate ...................................................................... ........................................ .................. .........................................7/10/2018 FirstCoupon Date .................................................................. ........................................................ ... ............. ........................2/01/2019 Yield Statistics BondYear Dollars ..................................................................................................................................................................$8,681.54 AverageLife ......... .................................. ...............................................................................................................................6.407 Years AverageCoupon ........................................................ .... ........................................................................................................3.5097693% NetInterest Cost (MC) ..........................................................................................................................................................3.0058104% TrueInterest Cost (TIC) ................................................................... ......................................................................................2.9682708% BondYield for Arbitrage Purposes.........................................................................................................................................2.8401810% AllInclusive Cost (AIC) .................................. .... ....................................................................................................................3.0281035% IRS Form 8038 NetInterest Cost ........................... .. ............................................................................... .................................................... ....2.8268759% WeightedAverage Maturity...................................................................................................................................................6.317 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriters discount bid may also vary. ?OISA CO Imp Q L'IJP.evED / IV.itmTo,ver / 412512018 / 9J4AAI SprIng ste ci $8,530,000 City of Brooklyn Center, Minnesota General Obligation Improvement and Utility Revenue Bonds, Series 2018A ISSUE SUMMARY Detail Costs Of Issuance ated 07/10/2018 I Delivered 07110/2018 COSTS OF ISSUANCE DETAIL MAUtility Portion ........ ................................................. ............................................................................... ................................. $22,025.00 MAStreet Portion ....................................................... ........................................................................................ ......................... $17,505.00 BondCounsel .............................................................................................................................................................................. $12,750.00 RatingAgency Fee......................................................................................................................................................................$14,500.00 POS/Official Statement...............................................................................................................................................................$800.00 Registrar...................................................................................................................................................................................... $850.00 Miscellaneous............................................................... ........................................................................................... ................ ...$500.00 TOTAL.........................................................................................................................................................................................$68,930.00 2018.4 GOhnp 2 UIIRvBo / bve S,mrna,y / 412512018 / 900A81 Spnnqsted City Council Agenda Item No. 7a ESiIJ[IUIUL'kIM [I1iIflhJk I DATE: May 14, 2018 TO: Curt B 0905,City Manager FROM: Reggie Edwards, Deputy City Manager SUBJECT: Resolution Expressing Recognition and Appreciation to the City Clerk, Sharon Knutson for 35 Years of Dedicated Service to the City of Brooklyn Center Recommendation: It is recommended that the city council consider adoption of the resolution expressing recognition and appreciation to the City Clerk, Sharon Knutson for 35 years of dedicated service to the City of Brooklyn Center Background: On Tuesday, July 5, 1983, the City of Brooklyn Center hired Sharon Knutson. During Sharon's 35-year tenure, she served in the capacity of Clerk II - Receptionist, Clerk IV - Administrative License Secretary, Administrative Assistant and Deputy City Clerk and for 22 years served as the City Clerk. Over the past 35 years, Sharon has worked with City Managers, Jerry Splinter, Mike McCauley and Curt Boganey, and has attentively served Mayors, Dean Nyquist, Todd Paulson, Myrna Kragness, and Tim Willson. She has been a 25-year member of the International Institute of Municipal Clerks and the Minnesota Clerks and Finance Officers Association attaining Master Municipal Clerk designation from both organizations. Sharon Knutson has led the City in launching of its first City website and digitization of its City records and has functioned as the City's vanguard of statutory laws and requirements knowledge and compliance. She has been a staunch leader in flawlessly organizing, developing, officiating, and managing the City's election process for 29 elections, and served a Recount Official for the 2008 and 2010 election recounts. Budget Issues: There are no budget related issues. Strategic Priorities: Ow I IIenvision B oo' I ,t Center as a tin a, tg. diverse C0111,1111nitv with a it'll run 0, / StIt 5u inc s (-ti1li'i (l alld recreational OI1IiIiS. ii is a sq/ and inclusive p/acc that people a/all ages love to call home. and visitors en/nv due to iL convenient location and caunnitnient to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION TO THE CITY CLERK SHARON KNUTSON FOR 35 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Sharon Knutson was hired in the Office of the City Clerk on Tuesday, July 5, 1983; and WHEREAS, Sharon Knutson has served the City of Brooklyn Center in the capacity of Clerk II - Receptionist, Clerk IV - Administrative License Secretary, Administrative Assistant and Deputy City Clerk and for 22 years served as the City Clerk; and WHEREAS, Sharon Knutson has diligently worked with City Managers Gerald Splinter, Michael McCauley and Curt Boganey, and has attentively served Mayors Dean Nyquist, Todd Paulson, Myrna Kragness, and Tim Willson over her 35 year tenure; and WHEREAS, Sharon Knutson has been a 25 year member of the International Institute of Municipal Clerks and the Minnesota Clerks and Finance Officers Association attaining Master Municipal Clerk designation from both organizations; and WHEREAS, Sharon Knutson led the City in launching its first City website and digitization of official City records; and WHEREAS, Sharon Knutson has dutifully functioned with exceptional expertise as the City's vanguard of statutory laws and requirements; and WHEREAS, Sharon Knutson has been a loyal leader in flawlessly organizing, developing, officiating, and managing the City's election process for 29 elections, and served a Recount Official for the 2008 and 2010 election recounts; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize Sharon Knutson for diligently, professionally, passionately and with integrity serving the City of Brooklyn Center for 35 years and for making a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that we recognize the honorable retirement of Sharon Knutson on July 5, 2018, and express sincere appreciation for her dedicated public service. We wish Sharon and her family the very best in the future. RESOLUTION NO. May 14, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7b ISiU[IflIVaIY4LU 0) 1IIJ1S1'AI DATE: May 16, 2018 TO: Curt Boganey, City Ma FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Recognition and Appreciation of Rebecca Crass for Over 24 Years of Dedicated Service to the City Of Brooklyn Center Recommendation: It is recommended that the City Council consider approval/adoption of a resolution recognizing the dedicated public service of Rebecca Crass. Background: Rebecca Crass is retiring from her position of CARS Administrative Assistant, after more than twenty four years of service to the City. Rebecca began her employment with the City of Brooklyn Center on November 22, 1993 in the Community Development Department. After more than 20 years there, Rebecca joined the Community Activities Recreation and Services Department as an Administrative Assistant on August 4, 2014 and will retire on June 1, 2018. Rebecca's efforts provided for the efficient operation of the Community Activities, Recreation & Services office and for Community Development office prior to that. Rebecca's passion for process improvement and excellent customer service were hallmarks throughout her career. It is highly fitting the City Council recognize Rebecca's years of service and her contributions to the City and to the community. Budget Issues: There are no budget issues to consider. Strategic Priorities: Inclusive Community Engagement Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION TO REBECCA CRASS FOR OVER 24 YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Rebecca Crass was hired as an Administrative Assistant in the Community Development Department on November 22, 1993; and WHEREAS, during the more than 20 years with Community Development, Rebecca provided superb administrative support to the staff and directly supported the department's mission; and WHEREAS, Rebecca took the lead to make improvements and manage the rental license program and worked collaboratively with LOGIS to successfully streamline, design and implement code enforcement, administrative penalty program, diseased tree program, rental licenses, e-permits, vacant building registrations, and special assessments using PIMS software; and WHEREAS, Rebecca was instrumental in working with the City Clerk to organize documents for record retention in Laserfiche scanning; and WHEREAS, Rebecca provided consistent and dependable management in the daily operations of the office to provide positive and efficient customer service while maintaining in depth knowledge of permits, licenses, ordinances, building and zoning codes, assisting with Planning and Housing Commissions, and compiled data to submit payments and reports for other government agencies; and WHEREAS, Rebecca achieved professional results by consistently performing tasks and assignments and successfully led projects to improve programs and processes; and WHEREAS, Rebecca joined the Community Activities Recreation and Services Department as an Administrative Assistant on August 4, 2014; and WHEREAS, Rebecca continued her process improvement approach at the Community Center, where she streamlined/improved numerous processes including facility rentals, record retention and assisted with the conversion to a new recreation registration/facility use software system; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism Rebecca has displayed in discharging her duties and the positive impact she has made on the City and its citizens. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that we recognize the retirement of Rebecca Crass on June 1, 2018 with more than 24 years of service and express sincere appreciation for her dedicated public service. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7c EIifl[*IRh1IhY4L'AI3k'A [0) 1.tI ,iIk'A:I DATE: May 8, 2018 TO: Curt Boganey,nager FROM: ^11" ,te, P.R. Director of Public Works SUBJECT: Proclamation Declaring May 20-26, 2018, National Public Works Week in the City of Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring May 20 through May 26, 2018, as National Public Works Week in Brooklyn Center. Background: National Public Works Week is a celebration of the tens of thousands of people in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, the weeklong celebration calls attention to the importance of public works in community life. The week seeks to enhance the prestige of the professionals who serve the public good every day with quiet dedication. The theme for 2018 is "The Power of Public Works". The Public Works Department employs 38 full-time and 20 seasonal employees in the five divisions of the department - engineering, street maintenance, park maintenance, public utilities and the central garage. All divisions work together as a team to provide high-quality service for people who visit, live or work in Brooklyn Center. Many of the tasks like plowing streets, mowing parks, puffing up signs, pumping water, maintaining large equipment and designing improvement projects are high profile. Many more tasks are completed almost unnoticeable except in their absence. Many people do not realize that significant efforts of the department take place while everyone else is sleeping. It is not unusual for street or park employees to get called out in the middle of the night after a storm to clear fallen trees from the road, to plow or provide ice control during a winter storm, or utility employees to be called out to respond to a sewer backup or water main break. Our Public Works employees take great pride in their work. Budget Issues: There are no budget issues to consider. Strategic Priorities: Key Transportation Investments Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment PROCLAMATION DECLARING MAY 20-26, 2018, NATIONAL PUBLIC WORKS WEEK IN THE CITY OF BROOKLYN CENTER WHEREAS, Public Works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, The support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as engineering, water, wastewater, storm drainage, streets and highways, parks and central vehicle fleet maintenance; and WHEREAS, The health, safety and comfort of this community greatly depend on these facilities and services; and WHEREAS, The quality and effectiveness of these facilities including their planning, design, construction, operation and maintenance are vitally dependent upon the efforts and skill of Public Works personnel. NOW THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 20-26, 2018, as "National Public Works Week" in the City of Brooklyn Center, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which Public Works personnel make every day to our health, safety, comfort and quality of life. May 14, 2018 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7d IES1lJ[J I U I ak'4 L I M (I) t1IflhJI DATE: May 1, 2018 TO: Curt Boganey, City5ger FROM: Tim Gannon, Chief of Police-"ç SUBJECT: Observance of Police Week and Peace Officer Memorial Day Recommendation: It is recommended that the City Council consider approval/adoption of a Council Resolution, which observes May 15, 2018 as Peace Officers Memorial Day; and the week of May 13 through May 19, 2018 as Police Week. Background: Congress and the President of the United States has designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week. Observance of Police Week and Peace Officers Memorial Day will help recognize our Brooklyn Center Police Department and other law enforcement agencies, as well as officers who died or were disabled in the line of duty. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community 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 RECOGNIZING MAY 13 THROUGH MAY 19, 2018 AS POLICE WEEK AND MAY 15, 2018, AS POLICE OFFICERS MEMORIAL DAY WHEREAS, the Congress and President of the United States has designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the members of the law enforcement agency of Brooklyn Center play an essential role in safeguarding the rights and freedoms of the citizens of Brooklyn Center; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the police department of Brooklyn Center has grown to be a modem and scientific law enforcement agency which unceasingly provides a vital public service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the citizens of Brooklyn Center and all patriotic, civil and educational organizations be called upon to observe the week of May 13 through 19, 2018, as Police Week with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. FURTHER, be it resolved that all citizens of Brooklyn Center be called upon to observe Tuesday, May 15, 2018 as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. May 14, 2018 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. City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: May 14,2018 TO: Curt y, City Manager THROUGH: Meg Beekman, Community Development Director FROM: Ginny McIntosh, City Planner/Zoning Administrator SUBJECT: Item 8.a. - An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Southeast Section of the City, Generally Situated Between Highway 100 to the West and North, Logan Avenue North to the East, and 57th Avenue North to the South, and Locally Identified as 1950 57th Avenue North Item 8.a.1 - Approval of a PUD Agreement between the City and Ebert Inc. D/B/A Ebert Construction Recommendations: Item 8.a- It is recommended that City Council make a Motion to approve the Second Reading of the Ordinance authorizing the amendment of Chapter 35 of the City Code of Ordinances regarding the zoning classification of certain land generally located in the southeast section of the City, generally located between Highway 100 to the west and north, Logan Avenue North to the east, and 57th Avenue North to the south, and locally identified as 1950 57' Avenue North. It is further recommended that City Council adopt the attached ordinance. Item 8. a. 1 - It is recommended that City Council make a Motion to approve a PUD agreement between the City and Ebert Inc. D/B/A Ebert Construction. Background: On March 15, 2018, the Planning Commission conducted a public hearing on Planning Commission Application No, 2018-001, submitted by Greg Hayes of Ebert Construction, for approval of the Preliminary Plat for Northbrook Center 3 d Addition, which would subdivide an existing 7.32 acre lot into two lots. As proposed, the approximately 2.6 acres (proposed Lot 1) would be conveyed to the Applicant, Ebert Construction, and the remaining approximately 4.72 acres (proposed Lot 2) would remain under ownership of the City of Brooklyn Center until a developer could be identified at a later time. This request was associated with additional requests by the Applicant under Planning Commission Application No. 2018-001 to establish a new Planned Unit Development (PUD) and approve site and building plans for the proposed four-story, 112,000-square foot indoor commercial storage building. The Planning Commission reviewed the aforementioned requests as part of the public hearing process and voted unanimously in favor (7-0) of the proposed subdivision (Preliminary Plat of Northbrook Center 3rd Addition). Following a review of the request to establish a Planned Unit Our Jision: We envision Brookli.'ii Center as a thriving, diverse community with a full range of housing. business, cultural and recreational ojlèrings. It is a safe and inclusive place that people of a!! ages love to call hone, and visitors enjoy cimme to its convenient location and commitment to a healthy environment I[I1IA'(JI -tl*Uk'1I*'AtI]t1I IiIJYAI Development and the submitted site and building plans, the Planning Commission voted 5-2 in favor of the proposed indoor commercial storage building. On March 26, 2018, the City Council reviewed Application No. 2018-001. Following review of the Application and requests, City Council voted unanimously (5-0) in favor of the requests and approved City Council Resolution Nos. 2018-62 and 2018-63. The approved request to establish a Planned Unit Development on an approximately 2.6 acre portion of the Subject Property requires that this portion be re-zoned from its currently designated C2 (Commerce) District to PUD-C2 (Planned Unit Development-Commerce) District. This is per Section 35-355 (Planned Unit Development) of the City Zoning Code and requires a public hearing notice, as this request requires an amendment to the Zoning Code. City Council reviewed the request for approval of a first reading, setting of a second reading, and public hearing for this request under Item 6g on the agenda of the City Council meeting on April 9th The first reading was approved unanimously by City Council. A notice was published in the Brooklyn Center Sun Post on April 19, 2018. As part of this amendment, the existing description of the Subject Property, identified under Section 35-1190 (Commerce District) as, "that area bounded by the following: Logan Avenue on the east; 57th Avenue on the south; State Highway No. 100 on the west and north," has been adjusted to provide clear identification as to which parcels are to remain zoned C2 (Commerce) District, and which parcel is to be re-zoned to PUD-C2 (Planned Unit Development-Commerce) District as part of this request. A copy of the draft ordinance is included for review. The Planning Commission Report (dated March 15, 2018), which outlines the requests, and copies of City Council Resolution Nos. 2018-62 (Preliminary Plat for the Northbrook Center 3' Addition) and No. 2018-63 (Establishment of a New Planned Unit Development and Site and Building Plan), are attached for the City Council's review. Secondly, Item 8.a.1 requires that, as part of the conditions of approval, the City and Ebert Inc. D/B/A Ebert Construction ("Applicant") shall enter into a PUD agreement to be reviewed and approved by the City Attorney prior to issuance of building permits for the proposed four-story, 112,000-square foot indoor commercial storage building. This condition is outlined in the Planning Commission Report (dated March 15, 2018), Planning Commission Resolution No. 2018-002, and City Council Resolution No. 2018-62. A copy of the draft PUD agreement, which was prepared by the City Attorney, is attached to this memorandum. Approval of the attached PUD Agreement is subject to minor revisions as determined by the Applicant and approval by the City Attorney. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Our Vision: lYe envision Brook!vu Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages lave to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land, generally located in the southeast section of the City, generally situated between Highway 100 to the west and north, Logan Avenue North to the east, and 57 th Avenue North to the south, and locally identified as 1950 57 th Avenue North. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. 2018- AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE SOUTHEAST SECTION OF THE CITY, GENERALLY SITUATED BETWEEN HIGHWAY 100 TO THE WEST AND NORTH, LOGAN AVENUE NORTH TO THE EAST, AND 57 TH AVENUE NORTH TO THE SOUTH, AND LOCALLY IDENTIFIED AS 1950 57 AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: Outlot A, Northbrook Center 2 11 d Addition. Lot 2, Block 1, Northbrook Center 3' Addition. Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District Zoning Classification: 4. The following properties are designated as PUD/C2 (Planned Unit Development/Commerce): Lot 1, Block 1, Northbrook Center 3 Addition. Section 2. This ordinance shall become effective after adoption, recording of the final plat of Northbrook Center 3rd Addition with the Hennepin County Recorder or Registrar, and upon thirty days following this ordinance's legal publication. Adopted this _____ day of , 2018. Mayor ATTEST: City Clerk Date of Publication Effective Date (Note: (Strikeout text indicates matter to be deleted, while underline indicates new matter. 2 0 .._ p•'_. w-.CFWL T THE CEUTEfl ITEM 6.a Planning Commission Report Meeting Date: March 15, 2018 • Application Filed: 02/13/2018 • Review Period (60-day) Deadline: 04/14/2018 • Extension Declared: N/A •[Extended Review Period Deadline: N/A Application No. 2018-001 Applicant: Greg Hayes (Ebert Construction) Location: 1950 57th Avenue North Request: (1) Preliminary Plat of the Northbrook Center 3d Addition (2) Establishment of a Planned Unit Development (3) Site and Building Plan Approval for Construction of a Four Story, 112,000-Square Foot Indoor Commercial Storage Building INTRODUCTION Greg Hayes of Ebert Construction (the "Applicant") is requesting review and consideration of a Preliminary Plat of the Northbrook Center 3rd Addition, which would subdivide an existing 7.32-acre lot into two (2) lots. This request is associated with additional requests by the Applicant to establish a Planned Unit Development (PUD) on approximately 2.6-acres (Lot 1) and approve a site and building plan for the proposed four story, 112,000-square foot indoor commercial storage building. The remaining approximately 4.72 acres (Lot 2) would remain under the ownership by the City of Brooklyn Center (Exhibit A). Although the building and site plan do not require a public hearing, the request for approval of the preliminary plat and establishment of a Planned Unit Development require that a public hearing be scheduled in accordance with Section 35-355 (Planned Unit Developments) of the Brooklyn Center Zoning Ordinance, and Section 15-104 (Preliminary Plan) of the Platting Ordinance. An Affidavit of Publication confirmed publication of the public hearing notice in the Brooklyn Center Sun Post on March 1, 2018 (Exhibit B), Mail notices were also sent to neighboring property owners. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: TH/M F/OS/RB/PS- Mixed (Townhome, Multi-Family, Office/Service Business, Retail Business, Public and Semi-Public) Neighborhood: Grandview Current Zoning: C2 (Co 'nmerce) District Surrounding Zoning: North: C2 (Commerce) District East: R3 and R4 (Multiple Family Residence) Districts South: PUD/C2 (Planned Unit Development/Commerce) and C2 (Commerce) Districts West: Highway 100 and C2 (Commerce) District across Highway 100 App. No. 2018-001 Pc 03/15/2018 Page 1 Site Area: Approximately 7.32 acres, to be subdivided into: ( Lot 1 (Ebert Construction) —approximately 2.6 acres Lot 2 (City of Brooklyn Center) —approximately 4.72 acres BACKGROUND Subject Property History The Subject Property was formerly home to Northbrook Center and later on, what was known as the Hmong-American Shopping Center. The Subject Property was at one time comprised of five buildings (approximately 77,000-square feet 01 commercial space), 421 parking spaces, and was almost entirely covered in impervious surfaces. At different points throughout the shopping complex's history, the site was home to such establishments as the Chuckwagon Inn (restaurant), an Asian Grocery Store, fabric store, a hardware store with post office inside, pharmacy, and gas station. -ø- 1;jç ML , Image 1. Northbrook center in 1967 (courtesy of Minnesota Historical Aerial Photographs Online) In 2004, the City's Economic Development Authority adopted EDA Resolution Nos. 2004-10 (Resolution Authorizing the Acquisition of Real Property for Redevelopment Purposes), and 2004-12 (Resolution Authorizing the Acquisition of Real Property for Redevelopment Purposes (Hmong American Shopping Center)), to acquire the entirety of what is known as the 57th and Logan site. This acquisition surrounded concerns relating to the state of and overall dilapidation of the shopping center and conversations held with the principal owner of the majority of properties located on the site at that time as to its redevelopment. The EDA proceeded by filing a Petition in Condemnation and Motion for Transfer of Title and Possessions under Minnesota Statute § 117.042 with the Hennepin County District Court. A 90-Day App. NO. ZUJ.o-UUJ. rc 03/15/2018 Page 2 Notice to Vacate and relocation expenses were provided to tenants renting space within the shopping center. Site Contamination and EDA Acquisition Outlot A (5801 Logan Avenue North), located to the north of the Subject Property, is presently the location of Minnesota Pollution Control Agency (MPCA) monitoring wells in place for the ongoing groundwater and vapor investigation of contamination caused by a former dry cleaning operation. In 2003 and 2004, Phase I and II environmental investigations were completed on and around the Subject Property through funding received from Hennepin County and the Federal Environmental Protection Agency (EPA). The results of the Phase II investigation identified chemicals relating to dry cleaning operations in the soil and groundwater near the former dry cleaners on the 57th and Logan site. In 2005, an additional assessment to the site was conducted and involved the collection of soil borings and a well receptor survey of 50 nearby properties. This was completed to further assess and delineate any potential plume of contaminants originating from the former dry cleaning facility on the northern portion of the 57th and Logan site. This study included an additional assessment as to any potential contaminant plume down gradient from the site in the residential neighborhood southeast of the site, and focused on private wells in the area. Following the removal of asbestos from the shopping center, demolition of the shopping center complex occurred in 2005. It was during this time frame that a tank was discovered in the floor of the former dry cleaner site. This tank was used as a repository or collection point for dry cleaning chemicals used as part of the operation. As part of the site's cleanup, the dry cleaning tank was removed from the site and, as mentioned, monitoring wells were installed on Outlot A (located to the north of the Subject Property) to provide ongoing monitoring as to any remaining contamination. The Applicant has been working with MPCA as to their requirements, and has been in consultation with Bay West to conduct vapor gas testing. This testing will help identify what type of under slab ventilation system will be required. The Applicant indicated they would enter into the MPCA's Voluntary Investigation and Cleanup (VIC) program. EDA Sale of Subject Property On August 14, 2017, the City Council/EDA Work Session included a discussion relating to a proposed Letter of Intent with Ebert Construction for commercial development on the northern half of Lot 1, Block 1 of the Northbrook Center 2nd Addition (1950 57th Avenue North) for a four story, 112,000-square foot indoor commercial storage building. Deliberation was held as to whether the as proposed development plan was compatible with the Economic Development Authority's Targeted Development Strategy for the 57th and Logan site, and whether they wished to proceed with a Letter of Intent and Purchase Agreement for the conveyance of a portion of said property. Given a favorable response from the City's Economic Development Authority (EDA), the EDA subsequently adopted Resolution 2017-11 (Resolution Approving and Authorizing the Execution of a Letter of Intent to Sell the Property Located at195057th Avenue North). Approval of the aforementioned EDA Resolution was followed by adoption of EDA Resolution No. 2017- 19 (Resolution Approving Purchase Agreement and Conveyance of Approximately 2.5 Acre Portion of Lot 1, Block 1, Northbrook Center 2 nd Addition) on November 13, 2017, which authorized the sale of a portion of the 57th and Logan site. App. No. 201-001 PC 03/15/2018 Page 3 PRELIMINARY PLAT As part of the City Platting Ordinance requirements, preliminary and final plat approval is required to formally subdivide Lot 1, Block 1, of the Northbrook Center 2' Addition, also known as 1950 57th Avenue North. As proposed, the subdivision would result in the creation of: Lot 1, Block 1, Northbrook Center 3 rd Addition (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3 Addition (City of Brooklyn Center) —approximately 4.72 acres Map 1. Existing Lot configuration of Subject Property. L / Li III I:LOUCKS // -------------- 1-Ii I i1 Map 2. Prehminary Plat for Subject Property (Northbrook center 3rd Addition) App. No. 2018-001 PC 03/15/2018 Page 4 The proposed subdivision would provide the acreage necessary for the Applicant to construct the proposed 112,000-square foot indoor commercial storage building on a 28,000-square foot building footprint on Lot 1 of the proposed Northbrook Center 3rd Addition. Access to the Subject Property would be via driveway that would largely line up with 58' Avenue North. Lot 1 and Lot 2 would be separated by an approximately 75-foot wide drainage and utility easement for Northern States Power Company (Doc. No. 498916). Lot 2 would continue ownership under the City of Brooklyn Center until a developer was identified. As Lot 2 is approximately 4.72 acres in size, there is the possibility of further subdividing Lot 2 in the future. Per comments outlined in a review of the preliminary plat by Hennepin County (Exhibit C), the County expressed support of the proposed access to the Subject Property off Logan Avenue, however, the County discouraged the introduction of any future access points off 57th Avenue North, as the section of 57th Avenue North located to the south of the Subject Property is above the County's critical crash rate. This request to restrict access to Logan Avenue was echoed by MnDOT in their review (Exhibit Q. The County indicated that any future development of proposed Lot 2 (City of Brooklyn Center) utilize an internal access road that would provide ingress and egress via Logan Avenue North. In addition, the County indicated a desire to have 20 feet of the southern half of proposed Lot 2 (City of Brooklyn Center) dedicated as sidewalk, trail, utility, and roadway easement. This request is associated with potential future roadway improvements along 57" Avenue North. As the Staff Report is focused on the development of proposed Lot 1, consideration of Hennepin County requests regarding Lot 2 would be reserved for a future date. Based on staff findings, staff recommends Planning Commission recommendation of the preliminary/final plat (Northbrook Center 3 rd Addition); subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated March 6, 2018 (Exhibit 0), MnDOT review dated March 14, 2018 (Exhibit E), and comments relating specifically to Lot 1 in the Hennepin County review dated March 7, 2018 (Exhibit C). ESTABLISHMENT OF A NEW PLANNED UNIT DEVELOPMENT The Applicant has proposed construction of an indoor commercial storage facility on the northern portion of the property known as 1950 57th Avenue North (Subject Property). As part of the proposal, the Applicant is requesting the establishment of a new Planned Unit Development (PUD) to allow flexibility in defining the proposed use and minimum parking requirements for this proposed use. As self-storage units have evolved over the past few years from the typical outdoor storage unit, to indoor, climate controlled mini units with keycard access and office staff, the City's Zoning Ordinance does not currently identify this type of use in the City Ordinance. Given this lack of defined use, the minimum required parking standards are also not outlined in the Zoning Ordinance. Per Section 35-355 (Planned Unit Development) of the City Zoning Ordinance, the purpose of the Planned Unit Development (PUD) district is to, "promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy, and ensure a high quality of design." The section further explains that, "Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of complementarity of peak parking demands by App. No. O1-UM PC 03/15/2018 Page 5 the uses within the PUD." Approval of a PUD requires that the proposed uses are consistent with the City's Comprehensive Plan and that implementation of said PUD be controlled by the submitted development plan. Applicants may combine PUD development plan approval with the site and building plan approval required by Section 35-230 (Plan Approval) of the City Zoning Ordinance by submitting all information required for both simultaneously. The Applicant has submitted sufficient documentation and plans to work through the requests for establishment of a PUD and building and site plan approval simultaneously and as outlined within this staff report. Should the Subject Property receive approval to establish the new PUD, the Subject Property would require re-zoning to identify the establishment of said PUD. Regulations governing uses and structures in PUD5 shall be the same as those governing the underlying zoning district with the exception of certain permitted conditions or allowances as imposed or approved by the City Council. In accordance with Section 35-355, the City Council shall base its actions on the PUD rezoning using the following criteria: 1.Compatibility of the plan with the standards, purposes and intent of this section. 2.Consistency of the plan with the goals and policies of the Comprehensive Plan. 3.The impact of the plan on the neighborhood on which it is to be located. 4.The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. As noted by the Applicant, the proposed indoor commercial storage building would typically have office hours from 9 a.m. until 6 p.m., Monday through Friday, and on Saturdays from 10 a.m. to 4 p.m. Customers with rental units would have access to the building through card access seven days per week from the hours of 6 a.m. until 10 p.m. Approval of the site and building plan is contingent upon receiving approval to establish a Planned Unit Development and its subsequent re-zoning. SITE AND BUILDING PLAN APPROVAL In conjunction with the Applicant's request for preliminary plat approval of the Northbrook Center 3rd Addition and establishment of a new Planned Unit Development (PUD), which would provide flexibility in defining the proposed use and minimum parking requirements, the Applicant is also requesting approval of the proposed site and building plan for the as proposed indoor commercial storage building. Building Setbacks The minimum building setback requirements within the C2 (Commerce) Zoning District are as follows: Front: 35 feet Rear Yard: 40 feet Side Interior Yard: 10 feet The indoor commercial storage building setbacks are proposed at: Front: 66.7 feet-- Rear Yard: 61.6 feet Side Interior Yard (South): 45 feet facing Logan Avenue As outlined above, the proposed indoor commercial storage building would meet all of the minimum building setback requirements for properties zoned C2 (Commerce) District). App. No. 2U1-001 PC 03/15/2018 Page 6 ( Building and Site Layout The proposed 112,000-square foot indoor commercial storage building would be located on a 28,000- square foot building footprint and rise four stories in height (Exhibit F). As proposed, the northeast corner of the building's main floor would feature an 816-square foot office area (open to the public), break room, utility room, and restroom facilities. Stairwells are indicated at the northeast and southwest corners of the building with an elevator, shaft running through the center portion of the proposed building. As noted below, the breakdown of proposed overhead access doors to direct access storage units and the transfer bay are as follows: North Elevation: Four (4) overhead doors East Elevation: No overhead doors—facing Logan Avenue North and residential area South Elevation: Ten (10) overhead doors—facing 57th Avenue North and commercial properties West Elevation: Six (6) overhead doors—facing Highway 100 Two of the four doors located along the north elevation would be utilized by customers for access to the elevator and rental storage units via the approximately 1,600-square foot transfer bay area, and the other two doors for access to private storage units, whereas the ten doors on the south elevation and six doors on the west elevation would all serve as direct access doors to rental storage units. As proposed, there would be 784 total storage units with the majority allocated for the following storage unit sizes: 5-foot by 10-foot (199 units), 10-foot by 10-foot (154 units), and 10-foot by 15-foot (133 units). With the exception of the main floor, floors two through four would be comprised solely of storage units, hallways, and elevator and stairway access points. / App. NO. LUIö-UUI PC 03/15/2018 Page 7 — —-?- - Image 1. Proposed Indoor Commercial Storage Building Elevations As noted above in Image 1 and the attached Exhibit G, the Applicant intends to use a mixture of Class I type exterior building materials in the construction of the proposed indoor commercial storage building. These materials include the use of textured architectural pre-cast concrete panels, architectural metal (ACM) panels, and insulated glass. Horizontal metal sun shades would be installed over a thermally broken storefront system, and the transfer bay area would utilize glass on the oversized, overhead doors located on the north end of the building. Given their size, this should lessen the effects the door size might otherwise have were the doors to be of solid color. There are no plans to build on adjacent Outlot A, and monitoring wells are currently in place to track for contamination initially identified in the 2000s. The remaining smaller, direct access overhead doors would feature a cohesive paint color on the door panels. Although unofficial, the City does reference a set of design guidelines when reviewing site and building plan applications. These guidelines are based on the Shingle Creek Crossing Architectural Design Guidelines, which were approved in 2011. These guidelines strive to have at least 50-percent of all four sides (wall surfaces) on new buildings constructed with Class I materials, with the remaining surfaces to be constructed of Class II materials. While these are guidelines, it is stressed that the Applicant be thoughtful in the design of the building and site. As reference: Class I materials include: brick or acceptable brick-type material, marble; granite; other natural stone or acceptable natural looking stone; textured cement stucco; copper; porcelain, glass; architectural textured concrete pre-cast panels; and other materials including masonry units with enhanced detailing such as patterns, textures, color, dimension, banding, and brick inlay, as approved by the City Planning Commission and City Council. App. No. 2018-001 PC 03/15/2018 Page 8 ( Class II materials include: exposed aggregate concrete panels; burnished concrete block; integral colored split face (rock face) and exposed aggregate concrete block; cast-in-place concrete; artificial stucco (e.g., E.I.F.S., Drivit); artificial stone; fiber-reinforced cement board siding with a minimum thickness of 1/ inch; canvas or vinyl awnings; prefinished metal; and other materials not listed elsewhere, as approved by the City Planning Commission and City Council. Access and Parking The Applicant intends to provide site access via a 24-foot wide driveway at the intersection of Logan Avenue North and 58 Avenue North. The proposed drive would wind from the north end of the building to the west before terminating at the south end of the building. No drive aisle is proposed along the east side of the building, and therefore, no overhead doors are proposed for installation along the east elevation. The elimination of the drive access along this elevation is intended to minimize the commercial feel on this side, which faces Logan Avenue and a line of residential housing. As the proposed use and minimum parking standard is not specified in the City Zoning Ordinance, the Applicant provided the locations of other like indoor commercial storage building projects in the Twin Cities metro. Staff researched these locations by referencing their respective City approvals and reviewing aerial imagery when necessary to identify the total square footage of each commercial storage building and their parking allowances. This information is summarized in Table 1 below. Table 1. Parking Requirements for Similar Indoor Commercial Storage Buildings in Twin Cities Metro. Indoor Commercial Provided Parking Spaces Square Feet Parking Storage building Location (in bold)Required per 1,000 SF 8570 Aspen Lane North—8—Per Brooklyn Park Staff Report 105,444 SF 0.076 Brooklyn Park dated 09/13/2017 1315 Cope Avenue North—6—Per Maplewood Staff Report 108,150 SF 0.055 Maplewood dated 10/19/2016 2960 Empire Lane—Plymouth 11—Per Google Maps 76,430 SF 0.144 12995 Valley View Road—Eden 13—Per example reference in 75,000 SF 0.173 Prairie Minnetonka Staff Report dated October 20, 2016 6250 Olson Memorial 10—Per Google Maps '85,000 SF*0.118 Highway—Golden valley 4370 Fountain Hills Drive NE—12—Per reference in Prior Lake 95,000 SF 0.126 Prior Lake Staff Report dated March 6, 2017 MN ADA Parking Requirement 1 space required - (1 to 25 spaces) Average 10 spaces 90,837 SF 0.115 (Above Locations)(90,837 SF x 0.115 - 1,000) Sources: Greg Hayes (Ebert Construction), 2015 Minnesota Accessibility code, reviews of aerial imagery and municipal staff reports (above). *N o t e: Total square footage of Golden valley commercial storage building (Lock Up storage) based on square footage and similar parking allocations provided for Lock Up location in Plymouth. Based on the calculations noted in Table 1 above, the average number of parking spaces provided across the six provided Twin Cities commercial storage locations is 10 for an average 90,837-square foot building. This is assuming a parking requirement of 0.115 spaces per 1,000—square feet of building. Under this assumption, it can be presumed that the as proposed 112,000-square foot building would require a minimum of approximately 13 parking spaces. The submitted site plan identifies 12 parking spaces, including one ADA accessible space with adjacent loading zone. App. INJO. LU .L&UUI PC 03/15/2018 Page 9 Given the provided 1,600-square foot internal loading and unloading area within the transfer bay, staff is comfortable with the as proposed 12 parking spaces. Should parking deficiencies be identified at a later time, the Applicant may need to alter the site plan to incorporate additional parking. Parking spaces must be constructed per City Zoning Code minimum width (8 feet, 8 inches) and length (18 feet) requirements for 90-degree parking. The Applicant identified a typical space width of 9 feet and 20 feet in length on the submitted site plan. The Applicant also intends to maintain the minimum required 24-foot drive aisle throughout the parking area. The Applicant shall work with the Fire Inspector to ensure the site plan meets 2015 Minnesota Fire Code provisions, including, but not limited to: maximum distance from fire hydrants, maximum drive aisle length without turn around (150 feet), direct emergency access to riser/utility room (as site plan specifies building will be fully-sprinkled), any required FDC connection, and turn radius requirements for fire trucks. Per Hennepin County and MnDOT, no additional access points should be located off 57th Avenue North. Instead, future development on Lot 2 (City of Brooklyn Center) should utilize an internal access road that would provide access off Logan Avenue. With this in mind, the Applicant revised their site plan to offer additional green stripping along the southern edge of Lot 1 should an access road ever be constructed in the future. The Applicant otherwise substantially meets the minimum 15-foot green strip requirement along the street right-of-way (Logan Avenue). LIGHTING I TRASH I SCREENING Lighting Per the City Zoning Code, "any new or additional lighting installed to illuminate the storage area must be down-cast, cut-off style light fixtures." The submitted photometric plan notes that all proposed luminaires will be fully shielded and of the cutoff type. The Applicant has also indicated that the proposed lighting would meet the requirements of Section 35-712 (Lighting) of the City Zoning Code by not exceeding three (3) foot candles measured at property lines abutting residentially zoned property, or 10 foot candles measured at the property lines abutting the street right-of-way or non-residentially zoned properties. As is specified, no glare shall emanate from or be visible beyond the boundaries of the illuminated premises. The photometric plan notes that the maximum number of foot candles for any light poles or wall-pack fixtures would be not more than 3.8 foot candles and located towards the interior of the Subject Property. The identified foot candles along the perimeters of the property are identified as zero (0) foot candles. This includes the east side of the property that faces residential housing along Logan Avenue North. The average estimated foot candles throughout the site are 0.4. Per the submitted photometric plan, one light pole fixture is proposed for installation to the north of the parking area and at a height of 20 feet, while seven (7) wall-mounted luminaires would be mounted at select locations along the north, west, and south elevations of the building. No lighting is proposed along the east elevation of the building. Both styles of fixtures are LED with cut-offs, and offer zero uplighting. Trash The site would feature an approximately 12-foot by 12-foot trash enclosure, which would be located approximately 30 feet off the north interior property line and to the east of the parking area. The City App. No. 2018-001 PC 03/15/2018 Page 10 has normally viewed these areas as "accessory structures," which are permitted with a minimum required setback of three (3) feet from side and rear lot lines. Trash enclosures are to be fully enclosed through use of fence or masonry type materials and effectively screen any dumpsters or recycling containers within. Screening The trash enclosure and any other ground mounted equipment (e.g., transformers, mechanical) shall be effectively screened from adjacent public rights-of-way and properties by a solid wall or fence constructed of wood, masonry, or other durable materials that are complementary to the materials used on the primary building. Per Chapter 12 (Building Maintenance and Occupancy) of the City Code, roof-mounted equipment shall also be screened from view through use of parapets, wall/fencing materials, or paint to match surrounding colors when visible from the public right-of-way. Landscaping The project submittal includes a detailed landscape plan, which illustrates the proposed planting schedule (i.e., trees, shrubs, annuals/perennials, mature size, planting size, root conditions). Although City Code does not have any specific requirements on landscaping, the City has operated under and held new and redeveloped areas to complying with the City's adopted Landscape Point System policy, which assigns points to a given site based on the acreage of a development. The point system requires commercial sites to provide a specific amount or number of landscaping units, and is based on the maximum percentage of certain materials (i.e., 50% shade trees; 40% coniferous trees; 35% decorative trees; and 25% shrubs). Given that the proposed use isn't clearly identified within the Zoning Ordinance, staff has determined that a use of "light industrial" be used for the purposes of the Landscape Point System Policy, as the site will not operate as a retail use (i.e., "Restaurant/Retail/Service/Entertainment/Hotels") and as it does not identify as an "Office," or "Heavy Industrial" type of development. Assuming a 2.6 acre site, the Applicant would need to achieve a minimum of 60 points. Table 2. Landscaoe Point System Policy Planting Type Minimum Size Points Per Planting Maximum Points Points Accrued (%) Shade Trees 2 1/," diameter 10 50% or 30 points 30 (8 trees x 10 = 80) Coniferous Trees 5' height 6 40% or 24 points 24 (9 trees x 6 = 54) Decorative Trees 1" diameter 1.5 35% or 21 points 12 (8 trees x 1.5 = 12) Shrubs 12" diameter 0.5 25% or 15 points 14.5 29 shrubs x 0.5 = 26.5) Total 100% or 60 points 80.5 points As summarized in Table 2 above, the submitted landscape plan is meets and exceeds all of the requirements of the Landscape Point System Policy. As part of the landscaping, daylilies will be provided for foundational plantings, while the main drive into the site will be lined with crab apple trees. White swamp oak and maple trees would line the eastern perimeter of the site facing the residential properties along Logan Avenue North, and Swiss stone pines would congregate towards the southwestern portion of the property (along Highway 100). To provide additional texture and interest, the Applicant intends to plant ornamental grasses, spirea, and dogwood shrubs along the west and App. eo. zuio-uuj. PC 03/15/2018 Page 11 south elevations of the building. The dogwood shrubs will provide even more interest as they are known for their display of red bark through winter and early spring. As part of any approval, the Applicant will need to install an irrigation system and provide shop drawings of the proposed irrigation system for City review. ASSISTANT CITY ENGINEER REVIEW Assistant City Engineer Andrew Hogg conducted a review of the application submittal and documents. Comments regarding this application can be found in the memorandum to city staff and dated March 6, 2018, attached hereto (Exhibit D). It should be noted that some of the outlined conditions may be applicable at time of approval for future land disturbance or building permits. The installation of all utility services and lines, and the finished grading of the Subject Property are to be reviewed and conducted under issuance of a separate Land Disturbance (Alteration) permit, which is reviewed and approved by City engineers, and inspected for completeness by City engineers and building officials. In addition, an MPCA NPDES permit and a review by the West Mississippi Watershed Commission are required. The Applicant must also meet the requirements as outlined in reviews and commentary provided by Hennepin County, MNDOT (Exhibits C and E), and West Mississippi Watershed Commission. If drainage is directed to a MnDOT right-of-way, a drainage permit will be required. As reference, the Applicant, as part of their review, provided a copy of their completed site Stormwater Report (Exhibit H). Per Exhibit D, it is specified that stormwater be filtrated in the BMP5 and discharged to the storm sewer, rather than allowing infiltration in cases where sites contain contaminated soils or groundwater. The Applicant shall continue to work with the Minnesota Pollution Control Agency (MPCA) and any requirements they may have. Unless otherwise approved by the City Engineer, the perimeters of all driving and parking areas shall be bounded by type 136-12 curb and gutter. FIRE INSPECTOR REVIEW The Applicant shall work to ensure all 2015 Minnesota Fire Code requirements have been met as part of any building and site plan approval. Per the submitted site plans, the proposed storage building is to be fully-sprinkled. As such, the Fire Department will need emergency access to the proposed riser/utility room. Additional requirements include, but are not limited to: providing sufficient fire hydrants per maximum distance requirements, installation of a Knox-Box, any required FDC connections, and compliance with maximum drive aisle lengths for fire trucks. SIGNAGE Although wall signage is identified in the submitted architectural renderings, no formal requests for approval were made as part of the application submittal. Any new signage, including wall and monument signs, would require conformance with Chapter 34 of the City Code (Sign Ordinance). Any requests beyond the allowances identified in the Sign Ordinance would require that the Applicant apply for and receive approval to deviate from the Sign Ordinance, The Applicant will need to file a separate Building Permit application for any proposed signage. Based on staff findings, staff recommends Planning Commission recommendation of the requested establishment of a Planned Unit Development and approval of site and building plans; subject to the Applicant complying with the comments outlined in the Site Plan and Document Approval Conditions App. No. 2018-001 PC 03/15/2018 Page 12 noted below. SITE PLAN AND DOCUMENTS APPROVAL CONDITIONS Staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2018-001 for the Subject Property located at 1950 57 " Avenue North: 1. Plat and PUD approval: Approval of the plat and establishment of the new Planned Unit Development are contingent upon final plat approval and successful recording of said plat. No separation of Lot 1, Block 1, Northbrook Center 2 d Addition, may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. a.The proposed subdivision is as follows: Lot 1, Block 1, Northbrook Center 3' Addition (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3rd Addition (City of Brooklyn Center) —approximately 4.72 acres b.All recommendations and conditions as noted in the Assistant City Engineer's review memorandum, dated March 6, 2018, shall be complied with or completed as part of any final plat approvals. c. The final plat shall be subject to the provisions of Chapter 15 (Platting Ordinance). 2. Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Inspector. a.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b.A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 3. Agreements: a.The Property Owner/Developer shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b.The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. a. A 10-foot drainage and utility easement must be dedicated on the plat around the entire perimeter of the site and over the storm water BMPS treatment areas up to the 100-year event. App. NO. LUIö-UUI PC 03/15/2018 Page 13 C. The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. d. The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 4. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated March 6, 2018 (Exhibit D). a.A land disturbance (alteration) permit is required. b.Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. C.Applicant shall meet all requirements as identified by the Minnesota Pollution Control Agency (M PCA). d.The Applicant shall meet all applicable requirements as identified by Hennepin County in the review dated March 7, 2018 (Exhibit Q. e.ThéApplicant shall meet all applicable requirements as identified in the review by MnDOT dated March 14, 2018 (Exhibit E). f.The Applicant shall meet all applicable requirements identified as part of the review by the West Mississippi Watershed Commission. Construction Standards: Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. Facilities and Equipment: a.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. b.The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter of the City Ordinances. C. The proposed 12-foot by 12-foot trash enclosure shall be constructed with building materials that are complementary to the principal building (proposed indoor commercial storage building). Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a.Per City requirements, an irrigation system is required. b.The contractor shall submit irrigation shop drawings for review and App. No. 2018-001 PC 03/15/2018 Page 14 approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the Chapter 34 (Sign Ordinance). RECOMMENDATION Based on the above-noted findings, staff recommends the Planning Commission recommends: The Planning Commission recommends City Council approval of the requested preliminary plot for Northbrook Center 3rd Addition, subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated March 6, 2018 (Exhibit D), Hennepin County review dated March 7, 2018 (Exhibit C), and requirements as outlined by MnDOT in their review dated March 14, 2018 (Exhibit E); The Planning Commission recommends City Council approval of the requested establishment of a new Planned Unit Development for the proposed indoor commercial storage building, subject to the Owner/Developer complying with the conditions outlined in the Site Plan and Documents Approval Conditions of this Staff Report; and The Planning Commission recommends City Council approval of the as proposed site and building plans for the Subject Property located at 195057th Avenue North (Subject Property), subject to the Owner/Developer complying with the conditions outlined in the Site Plan and Documents Approval Conditions of this Staff Report. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the draft resolutions to be provided at the scheduled Planning Commission meeting on March 15, 2018. Attachments Exhibit A- Proposed Preliminary Plat for Northbrook Center 3( Addition, prepared by Loucks, dated February 21, 2018. Exhibit B- Affidavit of Publication, published in the Brooklyn Center Sun Post on March 1, 2018. Exhibit C- Hennepin County Preliminary Plat and Site Review, prepared by Chad Ellos, P.E., dated March 7, 2018. Exhibit D-Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated March 6, 2018. Exhibit E-MnDOT Review, prepared by Josh Pansch, dated March 14, 2018. Exhibit F- Civil Set for Proposed Indoor Commercial Storage Building, prepared by Otto Associates, dated February 13, 2018. Exhibit G- Select Architectural Renderings and Interior Plans, prepared by Mohagen Hansen, dated January 29, 2018. Exhibit H- Stormwater Report, prepared by Otto Associates, dated February 12, 2018. App. No. 2018-001 PC 03/15/2018 Page 15 Member ErI Rfl introduced the following resolution and moved its adoption: RESOLUTION NO. 2018-62 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-001 SUBMITTED BY GREG HAYES OF EBERT CONSTRUCTION REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF NORTHBROOK CENTER 3 RD ADDITION (LOCATED AT 1950 57TH AVENUE NORTH) WHEREAS, Planning Commission Application No. 2018-001 was submitted by Greg Hayes of Ebert Construction, requesting approval of a Preliminary Plat for a new subdivision to be titled NORTHBROOK CENTER 3 RD ADDITION, which would subdivide an existing 7.32 acre lot into two lots, and WHEREAS, on March 15, 2018, the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Northbrook Center 3td Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2018-001, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-001, as submitted by Greg Hayes of Ebert Construction, requesting approval of the Preliminary Plat to be titled NORTHBROOK CENTER 3 ADDITION, is hereby approved subject to the following conditions: The proposed subdivision is as follows: Lot 1, Block 1, Northbrook Center 3 r1 Addition (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3`1 Addition (City of Brooklyn Center) —approximately 4.72 acres 2. All recommendations and conditions as noted in the Assistant City Engineer's review memorandum (dated March 6, 2018), review by MnDOT (dated March 14, 2018), and comments provided by Hennepin County in their review (dated March 7, 2018), shall be complied with or completed as part of any final plat approvals. Approval of this plat will be subject to approval of the site and building plan for an indoor commercial storage building, and establishment of a new Planned Unit Development, also filed under Planning Application RESOLUTION NO. 2018-62 No. 2018-001. 4.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 5.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 6.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances, 7.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). March 26, 2018 Date Mayor ATTEST: 014W 641, - City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kris Thn and upon vote being taken thereon, the following voted in favor thereof: Thn W11cri, nwunta B±ler, PVnl Gra, Kris La-nerari, MnRyan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member Nrisintroduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2018-001 SUBMITTED BY GREG HAYES OF EBERT CONSTRUCTION FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD-C2 (PLANNED UNIT DEVELOPMENT - COMMERCE) & DEVELOPMENT SITE PLAN FOR AN INDOOR COMMERCIAL STORAGE BUILDING (LOCATED AT 1950 57T11 AVENUE NORTH) WHEREAS, Planning Application No. 2018-001, submitted by the Greg Hayes of Ebert Construction, requests establishment of a new Planned Unit Development with a Zoning Classification of PUD-C2 (Planned Unit Development - Commerce), and approval of a Development Site Plan for a new indoor commercial storage building, to be located at 1950 57th Avenue North; and WHEREAS, the proposal comprehends the rezoning of the Subject Property to facilitate the planned and future redevelopment of the site with a proposed four-story, 112,000- square foot indoor commercial storage building, along with other associated improvements including, but not limited to parking and drive areas, stonnwater management, and landscaping; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as THIMF/OSIRB/PS ("Townhome,", "Multi-Family,", "Office/Service Business," "Retail Business", "Public and Semi-Public"), and the proposed PUD-C2 zoning designation comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on March 15, 2018, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed planned unit development was received and noted for the official record, and the request was duly considered in light of all testimony received; and WHEREAS, the Planning Commission considered the rezoning comprehended under this Planned Unit Development (PUD) request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the C2 (Commerce) District, as contained in Section 35- 322, along with the provisions and standards of the Planned Unit Development District contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, on March 15, 2018, the Planning Commission reviewed and considered the proposed new PUD development plans, which included the new site and building plans for the new four story, 112,000-square foot indoor commercial storage building, elevation plans, and civil plans completed by Mohagen Hansen and Otto Associates, and found the plans to RESOLUTION NO. 2018-63 be in order and approved for the Subject Property. WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommends to the City Council that the rezoning element comprehended under the proposed Planned Unit Development and submitted under Application No. 2018-001 by Greg Hayes of Ebert Construction, may be approved based upon the following findings: a.The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values, and civic pride in this neighborhood area; and provide an opportunity for the currently vacant 57th and Logan site to be invested in; b.The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; C. The rezoning will facilitate the redevelopment of this site as an indoor commercial storage building, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan, which designates the Subject Property for a mixed range of uses, including OS ("Office/Service Business,") and RB ("Retail Business"); d.The proposed zoning is consistent and compatible with the surrounding land use classifications; e.The proposed rezoning will provide an opportunity for the Subject Property to maintain its underlying C2 (Commerce) District zoning classification with the flexibility of a Planned Unit Development (PUD), allow an approximately 2.6 acre portion of vacant land to be redeveloped into an indoor commercial storage building, and stimulate new investment in the neighborhood and community; f.The Development/Site and Building Plan is compatible with the standards, purposes, and intent of the City's Zoning Ordinance; g.The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Property, will facilitate the redevelopment and improvement of the site, will allow for the utilization of the land in question in a manner which is compatible with, complementary to, and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; h. The improvements and utilization of the Subject Property as proposed under the planned redevelopment of this site is considered a reasonable use of the RESOLUTION NO. 2013-63 property and will conform with ordinance standards; and i. The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city, appears to be a good long range use of the existing land, and can be considered an asset to the community. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Advisory Commission formulated a favorable and unanimous recommendation of approval be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota, to recommend to that Planning Application No. 2018-001, submitted by Greg Hayes of Ebert Construction, which proposes a new Planned Unit Development with a Zoning Classification of PUD-C2 (Planned Unit Development - Commerce) and a Development Site Plan for a new indoor commercial storage building, located at 1950 57 th Avenue North, be approved based on the following conditions: 1. Flat and PITh approval: Approval of the plat and establishment of the new Planned Unit Development are contingent upon final plat approval and successful recording of said plat. No separation of Lot 1, Block 1, Northbrook Center 2"d Addition, may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. a.The proposed subdivision is as follows: Lot 1, Block 1, Northbrook Center 3" Addition (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3" Addition (City of Brooklyn Center) —approximately 4.72 acres b.All recommendations and conditions as noted in the Assistant City Engineer's review memorandum, dated March 6, 2018, shall be complied with or completed as part of any final plat approvals. c. The final plat shall be subject to the provisions of Chapter 15 Platting Ordinance). 2. Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Inspector. a.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b.A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 3. Agreements: RESOLUTION NO. 208-63 The Property Owner/Developer shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b. The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. a. A 10-foot drainage and utility easement must be dedicated on the plat around the entire perimeter of the site and over the storm water BMPS treatment areas up to the 100-year event. C. The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. d. The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 4. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated March 6, 2018 (Exhibit D). a.A land disturbance (alteration) permit is required. b.Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. C. Applicant shall meet all requirements as identified by the Minnesota Pollution Control Agency (MPCA). d.The Applicant shall meet all applicable requirements as identified by Hennepin County in the review dated March 7, 2018 (Exhibit Q. e.The Applicant shall meet all applicable requirements as identified in the review by MnDOT dated March 14,2018 (Exhibit E). f. The Applicant shall meet all applicable requirements identified as part of the review by the West Mississippi Watershed Commission. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.The Applicant shall obtain an NPDBS construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. RESOLUTION NO. 2C18-63 6.Facilities and Equipment: a. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. b The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. C. The proposed 12-foot by 12-foot trash enclosure shall be constructed with building materials that are complementary to the principal building (proposed indoor commercial storage building'). 7.Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a.Per City requirements, an irrigation system is required. b.The contractor shall submit irrigation shop drawings for review and approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the Chapter 34 (Sign Ordinance). / 2 March 26, 2018 Date Mayor ATTEST: )nk i-f"L City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member nn and upon vote being taken thereon, the following voted in favor thereof - Tim WiIL9n, nita Hitler, 4xil Qa, Kris I e-riersn, In Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Commissioner Koenig introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2018-002 RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2018-001 SUBMITTED BY GREG HAYES OF EBERT CONSTRUCTION FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD-C2 (PLANNED UNIT DEVELOPMENT - COMMERCE) & DEVELOPMENT SITE PLAN FOR AN INDOOR COMMERCIAL STORAGE BUILDING (LOCATED AT 1950 57TH AVENUE NORTH) WHEREAS, Planning Application No. 2018-001, submitted by the Greg Hayes of Ebert Construction, requests establishment of a new Planned Unit Development with a Zoning Classification of PUD-C2 (Planned Unit Development - Commerce), and approval of a Development Site Plan for a new indoor commercial storage building, to be located at 1950 57th Avenue North; and WHEREAS, the proposal comprehends the rezoning of the Subject Property to facilitate the planned and future redevelopment of the site with a proposed four-story, 112,000- square foot indoor commercial storage building, along with other associated improvements including, but not limited to parking and drive areas, stormwater management, and landscaping; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as TH/MF/OS/RB/PS ("Townhome,", "Multi-Family,", "Office/Service Business," "Retail Business", "Public and Semi-Public"), and the proposed PUD-C2 zoning designation comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on March 15, 2018, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed planned unit development was received and noted for the official record, and the request was duly considered in light of all testimony received; and WI-IEREAS, the Planning Commission considered the rezoning comprehended under this Planned Unit Development (PUD) request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the C2 (Commerce) District, as contained in Section 35- 322, along with the provisions and standards of the Planned Unit Development District contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, on March 15, 2018, the Planning Commission reviewed and considered the proposed new PUD development plans, which included the new site and building plans for the new four story, 112,000-square foot indoor commercial storage building, elevation plans, and civil plans completed by Mohagen Hansen and Otto Associates, and found the plans to be in order and approved for the Subject Property. PC RESOLUTION NO. 2018-002 WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommends to the City Council that the rezoning element comprehended under the proposed Planned Unit Development and submitted under Application No. 2018-001 by Greg Hayes of Ebert Construction, may be approved based upon the following findings: a.The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values, and civic pride in this neighborhood area; and provide an opportunity for the currently vacant 57th and Logan site to be invested in; b.The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; C. The rezoning will facilitate the redevelopment of this site as an indoor commercial storage building, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan, which designates the Subject Property for a mixed range of uses, including OS ("Office/Service Business,") and RB ("Retail Business"); d.The proposed zoning is consistent and compatible with the surrounding land use classifications; e.The proposed rezoning will provide an opportunity for the Subject Property to maintain its underlying C2 (Commerce) District zoning classification with the flexibility of a Planned Unit Development (PUD), allow an approximately 2.6 acre portion of vacant land to be redeveloped into an indoor commercial storage building, and stimulate new investment in the neighborhood and community; f.The Development/Site and Building Plan is compatible with the standards, purposes, and intent of the City's Zoning Ordinance; g. The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Property, will facilitate the redevelopment and improvement of the site, will allow for the utilization of the land in question in a manner which is compatible with, complementary to, and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; h. The improvements and utilization of the Subject Property as proposed under the planned redevelopment of this site is considered a reasonable use of the PC RESOLUTION NO. 2018-002 property and will conform with ordinance standards; and The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city, appears to be a good long range use of the existing land, and can be considered an asset to the community. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Advisory Commission formulated a favorable and unanimous recommendation of approval be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2018-001, submitted by Greg Hayes of Ebert Construction, which proposes a new Planned Unit Development with a Zoning Classification of PUD-C2 (Planned Unit Development - Commerce) and a Development Site Plan for a new indoor commercial storage building, located at 1950 57 1h Avenue North, be approved based on the following conditions: 1. Plat and PUB approval: Approval of the plat and establishment of the new Planned Unit Development are contingent upon final plat approval and successful recording of said plat. No separation of Lot 1, Block 1, Northbrook Centel. d Addition, may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. a.The proposed subdivision is as follows: Lot 1, Block 1, Northbrook Center 3 d Addition (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3rd Addition (City of Brooklyn Center) —approximately 4.72 acres b.All recommendations and conditions as noted in the Assistant City Engineer's review memorandum, dated March 6, 2018, shall be complied with or completed as part of any final plat approvals. c. The final plat shall be subject to the provisions of Chapter 15 (Platting Ordinance). Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Inspector. a.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b.A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. PC RESOLUTION NO. 2018-002 Agreements: a.The Property Owner/Developer shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b.The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. a. A 10-foot drainage and utility easement must be dedicated on the plat around the entire perimeter of the site and over the storm water BMPS treatment areas up to the 100-year event. C. The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. d. The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 4. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated March 6, 2018 (Exhibit D). a.A land disturbance (alteration) permit is required. b.Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. C. Applicant shall meet all requirements as identified by the Minnesota Pollution Control Agency (MPCA). d.The Applicant shall meet all applicable requirements as identified by Hennepin County in the review dated March 7, 2018 (Exhibit C). e. The Applicant shall meet all applicable requirements as identified in the review by MnDOT dated March 14, 2018 (Exhibit E). f. The Applicant shall meet all applicable requirements identified as part of the review by the West Mississippi Watershed Commission. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. PC RESOLUTION NO. 2018-002 Facilities and Equipment: a.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. b.The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. C. The proposed 12-foot by 12-foot trash enclosure shall be constructed with building materials that are complementary to the principal building (proposed indoor commercial storage building). Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a.Per City requirements, an irrigation system is required. b.The contractor shall submit irrigation shop drawings for review and approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the Chapter 34 (Sign Ordinance). .1; Ii/1 March 15, 2018 ' Date Randall Christensen, Chair ATTEST: -t-A ±P) Ginny MclntoshScretary The motion for the adoption of the foregoing resolution was duly seconded by member Tade and upon vote being taken thereon, the following voted in favor thereof: Alexander Koenig, Susan Tade, John MacMillan, Rochelle Sweeney, and Randall Christensen and the following voted against the same: Stephen Schomiing and Abraham Rizvi whereupon said resolution was declared duly passed and adopted. PLANNED UNIT DEVELOPMENT AGREEMENT THIS AGREEMENT (this "Agreement") is made as of the day of May, 2018, by and between EBERT INC. D/B/A EBERT CONSTRUCTION, a Minnesota corporation ("Ebert") and the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation (the "City"). WHEREAS, Ebert is the owner of the real property described as Lot 1, Block 1, Northbrook Center 3"' Addition, according to the recorded plat thereof, Hennepin County, Minnesota (the "Ebert Property"); and WHEREAS, the Ebert Property is currently zoned C-2 (Commerce); and WHEREAS, in connection with the development of the Ebert Property, Ebert has applied to the City to rezone the Ebert Property from C-2 to PUD/C-2 (Planned Unit Development/Commerce) to allow construction and maintenance of an approximately 112,000 square foot indoor commercial storage building on the Ebert Property; and WHEREAS, the City has approved such PUD on the basis of the determination of the City Council of the City that such PUD is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the Ebert Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the PUD 5018920 SJSBR3OS-144 1 would not have been approved; and WHEREAS, as a condition of approval of the PUD, the City has required the execution and filing of this Planned Unit Development Agreement (hereinafter the "PUD Agreement"); and NOW, THEREFORE, in consideration of approval of the PUD rezoning, the parties hereto agree that the Ebert Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1.The Ebert Property shall be limited to the following uses: A commercial indoor storage use consisting of an approximately 112,000 square foot, four story facility with storage units, an office area, a break room, a utility room, and restroom facilities. Notwithstanding the foregoing, in the event that Ebert and its affiliates cease to have any fee or leasehold estate in the Ebert Property, the Ebert Property shall be permitted to be used for any commercial use conforming to the zoning regulations of the City of Brooklyn Center applicable to C-2 districts. 2.Except as otherwise permitted herein, the use of the Ebert Property shall conform to the zoning regulations of the City of Brooklyn Center applicable to C-2 Districts. 3. Any additional buildings or structures on the Ebert Property will require site plan approval by the City Council. 4, The Ebert Property may be used only in accordance with paragraph 1 of this Agreement unless the applicant first secures approval by the City Council of an amendment to the PUD Plan for the Ebert Property and to this Agreement or a rezoning to a zoning classification that permits such other development and use. 5. The restrictions of this Agreement run with the land of the Ebert Property and shall 501892v1 SJS BR305-144 be enforceable against Ebert and its successors and assigns by the City acting through its City Council. 6.The development of the Ebert Property shall be in substantial compliance with the approved PUD plan. Substantial compliance shall mean that buildings, parking areas, and roads are in essentially the same location as previously approved; the floor area of nonresidential areas has not been increased or decreased by more than five percent; no building has been increased or decreased in the number of floors, open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent, unless approval is obtained by the City Council. 7.This Agreement may be amended from time to time by a written amendment executed by the City and the owner(s) of the Ebert Property. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officials, officers, and representatives of Ebert and the City have hereunto set their hands and seals as of the day and year first above written. Signature Pages follow 501892v1 SJS BR305-144 EBERT INC. DIB/A EBERT CONSTRUCTION By: - Name: Its: STATE OF MINNESOTA ) )ss COUNTY OF_______ ) The foregoing instrument was acknowledged this day of , 2018, by the of Ebert Inc. d/b/a Ebert Construction, a Minnesota corporation, on behalf of the corporation. Notary Public 522351v2 SJS BR305-122 APPROVED BY THE CITY OF BROOKLYN CENTER By Tim Willson, Mayor By Curt Boganey, City Manager STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by Tim Willson and Curt Boganey, the Mayor and City Manager, respectively, of the City of Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the City. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Kennedy and Graven, Chartered (SJS) 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 3379300 522351Y2 5JS BR305-122 57and Logan | Ebert Construction th REQUEST: (1)PUBLIC HEARING: Amend Chapter 35 (Zoning Ordinance) to Rezone Certain Property FROM: C2 (Commerce) District TO: PUD/C2 (Planned Unit Development –Commerce) District (2)Approval of PlannedUnit Development Agreement between the City and Ebert Inc. D/B/A Ebert Construction Item 9.a City Council Meeting of 05/14/2018 Request #1 : PUD Re-zoning |Ordinance Request #1: PUD Re-zoning (CC Item 8.a) Motion to approve Second Reading of the Ordinance authorizing an amendment to Chapter 35 of  the City Code of Ordinances regarding the zoning classification of certain land. This item is a Public Hearing. A public notice was published in the Brooklyn Center Sun Poston April 19, 2018.  The following requests were approvedby City Council on March 26, 2018, under Planning  Commission Application No. 2018-001: (1)Preliminary Plat for Northbrook Center 3Addition; rd (2)Establishment of a Planned Unit Development for a four-story, 112,000- square foot indoor commercial storage building with a New Zoning Classification of PUD-C2 (Planned Unit Development –Commerce) District; (3)Site and Building Plan Approval; and Approved by City Council on April 9, 2018:  (4) Final Plat for Northbrook Center 3Addition rd The establishment of a PUD requires that the property be formally re-zoned  The rezoning of property requires that Chapter 35 (Zoning Ordinance) be amended to reflect this  change, as legal descriptions are listed and organized by zoning district within the Zoning Ordinance Request #1 : PUD Re-zoning |Ordinance Amend from: Amend Chapter 35 (Zoning Ordinance) of  the City Code of Ordinances regarding the zoning classification of: Lot 1, Block 1, Northbrook Center 3 rd Addition,  Hennepin County, Minnesota The above approximately 2.6 acre property would be  re-zoned from C2 (Commerce) District to PUD-C2 (Planned Unit Development-Commerce) District To: The remaining portion of the 57 th and Logan Site  would remain zoned C2 (Commerce) District and the City would continue ownership for the time being The establishment of a PUD allowed for the  proposed use (indoor commercial storage building) and minimum parking requirements to be defined Proposed Rezoning Outlot A LOT 1 (Subject Property)–to be re-zoned to PUD- C2 District Total Acreage: Approximately 2.6 acres • 1 LOT 2 (City of Brooklyn Center)–to remain zoned C2 District Total Acreage: Approximately 4.72 acres • 2 Summary & Recommendation (CC Item 8.a) Summary The first reading of the draft ordinance was read at the April 9, 2018, City Council meeting as a consent  agenda item No comments or objections were received from the public  The second reading and public hearing was scheduled for tonight’s City Council meeting  (May 15, 2018) Recommendation ItisrecommendedthatCityCouncilmakeaMotiontoadopttheOrdinanceauthorizingthe amendmentofChapter35oftheCityCodeofOrdinancesregardingthezoningclassificationof certainlandgenerallylocatedinthesoutheastsectionoftheCity,generallysituatedbetween Highway100tothewestandnorth,LoganAvenueNorthtotheeast,and57AvenueNorthtothe th south,andlocallyidentifiedas195057AvenueNorth. th Requested Council Action: –Motion to open Public Hearing.  –Take public input.  –Motion to close Public Hearing.  –Motion to adopt Ordinance.  Request #2 : Approval of PUD Agreement Request #2: Approval of PUD Agreement (CC Item 8.a.1) This item is not a Public Hearing and did not require a notice to be placed in the newspaper  As part of the Conditions of Approval for the four-story, 112,000-square foot indoor commercial storage  building, approved by City Council Resolution No. 2018-63 (Establishment of a New Planned Unit Development and Site and Building Plan Approval), the City and Ebert Inc./D/B/A Ebert Construction shall enter into: APlanned Unit Development (PUD) Agreement to be reviewed and approved by the City  Attorney prior to issuance of building permits for the aforementioned project. This condition is also outlined in the Planning Commission Staff Report (dated March 15, 2018), and PC  Resolution No. 2018-002. A copy of the draft PUD agreement, which was prepared by the City Attorney, is included in the City  Council packets for review. Approval of the PUD Agreement is subject to minor revisions as determined by the Applicant (Ebert,  Inc./D/B/A Ebert Construction) and approval by the City Attorney. Recommendation (CC Item 8.a.1) Recommendation ItisrecommendedthatCityCouncilmakeaMotiontoapprovethePlannedUnit Development(PUD)AgreementbetweentheCityandEbertInc.D/B/AEbert Construction. City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: May 14,2018 TO: Curt Boganey, Ciager THROUGH: Meg Beekman, Community Development Director FROM: Ginny McIntosh, City Planner/Zoning Administrator SUBJECT: Resolution Regarding the Use of Certain Exterior Materials in the Renovation of the Former Kohl's Building (2501 County Road 10) Recommendation: It is recommended that the City Council, following consideration of this item, adopt the resolution regarding the recommended disposition of the request to use certain exterior materials in the renovation of the former Kohl's building, submitted by HOM Furniture, Inc. (Located at 2501 County Road). Approval is subject to the Applicant/Property Owner complying with the conditions outlined in the attached draft City Council resolution. Background: On February 13, 2017, the City Council approved Resolution No. 2017-25 (Resolution Regarding the Disposition of Planning Commission Application No. 2017-001 Submitted by HOM Furniture Inc. and Gatlin Development Company for Planned Unit Development Amendment NO. 8 to the 20]] Shingle Creek Crossing Planned Unit Development and Site and Building Plan for HOM Furniture Store (Located at 2501 County Road 10)), which granted certain allowances in the re-development of the former Kohl's building. This included the allowance for a two-story, approximately 24,000- square foot addition to the building, as well as an allowance for a reduced amount of Class I materials on the north elevation (face). The Subject Property is located within the Shingle Creek Crossing Planned Unit Development (PUD). As such, properties within the PUD are required to achieve certain minimum exterior building material ratios. In the case of the Subject Property, the Guidelines require that a minimum of 50-percent Class I and 50-percent Class II ratio be achieved on each face of the building, with the exception of the north face. Under City Council Resolution No. 2017-25, the Applicant was granted a reduction in the minimum required amount of Class I building materials on the north face of the former Kohl's building and the east and west elevations of the warehouse portion on the north face of the former Kohl's building. All other elevations were required to achieve the minimum ratio of Class I and Class II building materials as outlined in the Guidelines. Following conversations with the Applicant's Architect (Archnet), it was determined that the south elevation was deficient by 13 percent, per architectural renderings dated February 26, 2018 (attached). This is due to the Developer's utilization of an exterior, panelized fiber cement cladding system called "Nichiha," which is considered Class II under the Shingle Creek Crossing Architectural Design Guidelines. These fiber cement panels are manufactured from a pressed, Our Vision: JVe envision Brooklyn Center as a thriving, diverse community with a full range of/iousing, business, cultural and recreational ofjL'rings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment stamped, and autoclaved mix of Portland cement, fly ash, silica, recycled rejects, and wood fiber bundles, and are installed through utilization of a clip system. This method of manufacturing and installation allows for longer life expectancy and quality over other types of fiber cement products. Although the Class I and Class II type building materials are clearly outlined in the Shingle Creek Crossing Architectural Design Guidelines, the Planning Commission and City Council retain the authority under the Guidelines to determine what constitutes Class I material for the purposes of projects constructed within the Shingle Creek Crossing PUD. It is for this reason that the Applicant has requested that Nichiha, in the percentages identified in the plans dated February 26, 2018, be considered as functionally equivalent to a Class I material due to its appearance and overall durability. Approval of this request would not constitute an overall, blanket approval of fiber cement products as Class I within the City, rather, it would allow the Applicant to meet their minimum exterior building material ratios for the project as defined under the Guidelines, and allow for the use of a newer building material product, in this instance. The Planning Commission reviewed the Nichiha product and the request at the Planning Commission on April 26, 2018, and was provided with additional information by John Pierce, Real Estate Manager for HOM Furniture. A discussion was held regarding whether the product sample presented was the same product to be installed, and regarding what the product is comprised of. Following a review and discussion of the request, the Planning Commission elected to approve the request unanimously (5-0). No additional questions or concerns were raised in advance of the meeting, or by anyone in attendance at the meeting. Attached for your review are copies of the architectural renderings dated February 26, 2018, and a draft copy of the Council resolution. The Applicant will be in attendance at the City Council meeting to present the proposed Nichiha product to City Council. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Our Vision: We envision Brooklyn Center as a thriving, diverse comnwnTh.' with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment co W(D'o uJ II z0 U)uJ C) 0 CID za—J LU Lu 0I- (I) uJ 44 ®11(L Hn uj H Itd.cy - Q in - ____liii N,1CA UJ T 'V. ++SCo-U I 00 >j- T of fIL)Lfl-0<-L CCC) uJ ry z QLU ' LULL- Uz -J z C')LUa z a co ry -j >- z UJ C/) UJ< , wkMM cM) uJ-cic' zUwDUza—Jco>- z uJuJ< LU QuI- zwU_Uz - —J W..." __________ IT1J1 II I 111 ' flLLTJ lit I- 1lz w ri=i i< •dI I -I (11 I}11 I- II! ILU III fT1 h LU LU ThH ZI Li H KI IL It I I F ., -J UI —I II - _L II I I 3s $ S. nP J CO uJ- LU ziZ 2ry ED -,wL=U -J(ThO 13 LU 0I- U LU U2 F-U) LU z 0 (/)LU0 0z 0-J >- z LU L!J< cT Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF THE REQUEST TO USE CERTAIN EXTERIOR MATERIALS IN THE RENOVATION OF THE FORMER KOHL'S BUILDING SUBMITTED BY HOM FURNITURE, INC. (LOCATED AT 2501 COUNTY ROAD 10) WHEREAS, on February 13, 2017 the City Council adopted Resolution No. 2017-25 ("Approval Resolution"), approving an amendment to the 2011 Shingle Creek Crossing Planned Unit Development to facilitate the renovation of the approximately 75,000 square foot former Kohl's building and construction of an approximately 24,000 square foot addition (collectively, the "Project") on the property located at 2501 County Road 10, Brooklyn Center ("Subject Property"); and WHEREAS, in constructing the Project, KKMBA Brooklyn Center LLC ("Developer") is required to achieve the use of at least 50-percent Class I and a remaining 50- percent Class II building materials on each face of the building, with the exception of the north elevation side of the former Kohl's building and the east and west elevations of the warehouse portion located on the north face of the former Kohl's building as approved by the City Council in the Approval Resolution; and WHEREAS, the requirements related to the class of materials used for the Project is consistent with the Architectural Design Guidelines ("Guidelines") adopted for the Shingle Creek Crossing PUD; and WHEREAS, the Developer proposes to use a fiber-cement product (Nichiha) ("Alternative Material") on a portion of the building exterior that technically does not constitute a Class I material, but the appearance and durability of the Alternative Material appears to be functionally equivalent to a Class I material; and WHEREAS, the Planning Commission and City Council retain the authority under the Guidelines to determine what constitutes a Class I material for the purposes of projects constructed within the Shingle Creek Crossing PUD area; and WHEREAS, the Planning Commission considered the proposed use of the Alternative Material as a Class I material at its meeting held on April 26, 2018 and acted to recommend the City Council approve the Alternative Material to qualify as a Class I material for the purpose of the Project; and WHEREAS, the City Council agrees with the recommendation of the Planning Commission that, under these particular circumstances and provided the Developer complies with the plans presented to the City, the Alternative Material can be used for the purposes of satisfying the requirements of the Resolution. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Alternative Material for the Project located at 2501 County Road 10 be approved subject to the following conditions and considerations: 1.The specific Alternative Material proposed by the Developer for the Project, in the percentages identified in the plans dated February 26, 2018, is hereby approved as constituting as Class I material for the purposes of calculating the amount of Class I exterior materials required under the Guidelines for construction of the Project in accordance with the Approval Resolution. 2.This approval is limited to this Project and does not constitute a general approval of fiber cement siding products as Class I materials in the City. May 14, 2018 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. 2 HOM Furniture REQUEST: (1)Use of Certain Exterior Materials Item 9.a City Council Meeting of 05/14/2018 Background & Request Applicantisrequestingapprovalof:  ApplicantisrequestingthatCityCouncilconsiderNichihaaClassImaterialinthis particularapplication Resolutionregardingtheuseofcertainexteriormaterialsintherenovationofthe  formerKohl’sbuilding(2501CountyRoad10) ThisrequestisassociatedwithApplicant’suseofexteriorbuildingmaterialsonthe  site. ShingleCreekCrossingPUDrequiresaminimumratioof50%ClassImaterialsand50%  ClassIImaterialspereachfaceofthebuilding(north,south,east,west) February13,2017–CityCouncilapprovedResolutionNo.2017-25,whichapprovedthe  development,aswellasanallowanceforthereductionoftheamountofClassImaterials onthenorthsideelevationonly Currentproposedarchitecturalrenderingsnotethatthesouthsideelevationisdeficient  by13%duetotheuseofNichiha(consideredClassIIperShingleCreekCrossing ArchitecturalDesignGuidelines) Nichihaisafairlynewmaterialthatcanbedistinguishedfromothertypesoffiberboard  cementbyhowitismanufactured PlanningCommissionandCityCouncilhavethediscretiontoallowothertypesof  materialsasaClassIincertaininstances Approved Elevations (2017) Approved Elevations (2017) Proposed Elevations (2018)-South Proposed Elevations (2018) -East Proposed Elevations (2018) -West Proposed Elevations (2018) -North Comparison of South Elevation (2017 vs. 2018) 2017 2018 Summary and Recommendation Summary PlanningCommissionreceivedandreviewedthestaffreportandplansattheirApril26meeting th  NonoticewasprovidedintheBrooklynCenterSunPostandnomailnoticesweresentoutasthis  requestdoesnotrequireapublichearing JohnPierce,representativeforHOMFurniture,wasinattendanceandspokewiththe  CommissionersregardingtheproposeduseofNichihaandbroughtsamplesforCommissionersto review. Noothercomments(fororagainst)werereceived.  ThePlanningCommissionvotedunanimously(5-0)toapprovePCResolutionNo.2018-007and  recommendedCityCouncilapprovaloftherequest. Recommendation ItisrecommendedthattheCityCouncil,followingconsiderationofthisitem,adopttheresolution  regardingtheapproveduseofcertainexteriormaterialsintherenovationoftheformerKohl’s building,locatedat2501CountyRoad10andasidentifiedonthearchitecturalrenderingsdated February26,2018. ApprovalissubjecttotheApplicant/PropertyOwnercomplyingwiththeconditionsoutlinedinthe  attacheddraftPlanningCommissionresolution. City Council Agenda Item No. lOa City Council Agenda Item No. lOa #1 DATE: May 14,2018 TO: Curt Boganey, City ^Wer THROUGH: Meg Beekman, Community Development Director vj'^' FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 700 66th 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 700 66th 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 for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a 24 building, 92 unit multifamily property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on four-hundred ninety-eight (498) (5.4/unit) property code violations found duringthe 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. Current rental license approval activities for license expires on 07/31/2018: 10-17-2017 The Owner, James E. Wiensch, applied for renewal of the rental dwelling license for 700 66th Ave N, a single family dwelling. 12-07-2017 An initial rental license inspection was conducted and failed. 498 property code violations were cited, see attached rental criteria. JfrIissioIi: Ensuring an attractive, clean, safr, inclusive conimunity that enhances the quality of 1, for all people and preserves the public trust lJ[OiflhUik L'A ItI)t1IIiIJ'AI 01-30-2018 A second rental inspection was conducted and failed. A reinspection fee of $1,700 was charged. 01-31-2018 The previous rental license expired. 02-21-2018 A third rental inspection was conducted and failed. A reinspection fee of $300 was charged. 03-07-2018 A fourth rental inspection was conducted and failed. A $50 reinspection fee was charged. 03-09-2018 The $2,000 reinspection fee was paid. 03-12-2018 A fifth rental inspection was conducted and passed, however. A $50 reinspection fee is still owed. 03-16-2018 The $50 reinspection fee was paid. 03-21-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 03-27-2018 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. 04-10-2018 A Mitigation Plan was submitted. 04-23-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and Mission: Ensuring IUI attractive, clean, safè, inclusive conitiwuity that enhances the quality ()J 1 te for all people and preserves (he public (rust 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. 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. 1',J:ssioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lfC for al/people and preserves the public trust EIiJJ[iJIflhi*'A U I *iI) 1lJiSh'I 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. 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 Type 11-2 Year Type III - 1 Year Type IV —6 Months 1-2 units 0-1 3+ units 0-0.75 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 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 Mission: Ensuring an attractive, clean, soft, inclusive cornnwnity that enhances the quality of lift for (ill people and preserves the public trust [SEIiIJ[OItVII*Yk($) IWJh!kI 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). 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 to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, sif inclusive community that enhances the quality of life for (dl people and preserves the public trust 0Ok APR 1 0 201CEN'FER Community Development Rental License Plan Handwritten Plans will not be accepted, This form can be sound on the webs ftc at ww ,,c yofbooklyncenterorg/rental-ptan or call (763) 569-3330 for an electronic veison to be sent via email. Action Plan—Type III (1 Year) E Mitigation Plan—Type IV (6 Months) Property Address: 708 66th Ave N Brooklyn Center Mn 55430 0wners Name(s): James E Wionsch Local Agent Daralynn Zahn 0ers Address: 18162 Bloomington Ave S Agent Address:Bloomington MN 55425 Owner's Phone: Agent's Phone: Owner's Email: sgann@jimemco.com Agents Email: Current Expiration Date: , Based on the total number of property code violations found during the initial rental license inspection and/or validated police nuisance incidents, the above referenced property is required to submit an Action (Type III) or Mitigation Plan (Type IV). in order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted 'for approval The Plan includes Phase I, II, and Ill of the Crime Free Housing Program It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental tcense Plan allows the owner and the City to review concerns and identify possible sottions to improve overall conditions of the property. If a Plan is not submitted and/or all items are not completed within the license pedcd, or the above property operates beyond the license exph'ation date, enforcement actions such as an administrative citation, formal complaint, or license review may result. adqrefuIly and be sure tQ foIi otherwise your plan wilinot be appro Papa 116 Renta! Lice rise P/an, Rev, 1 1-18 708 66th Ave N Brooklyn Center Mn 55430 ft61i92jJj Pending Expiration Date: City of Brooklyn Cnte—Cornmu nity Development wwcityofbrooklyncentororg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 I Phone: (763) 563-3330 TTY: 711 Fax: (763) 5693360 ENR Community Development .T TH EU 708 66th Ave N Brooklyn Center Mn 55430 Sections A—Crime Free Housing Program Requirements Phase I Read and check each box. Ox 1) A written lease agreement is required. The lease agreement shalt include the Crime Free Housing Lease Addendum A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. 2) Agree to pursue the termination of lease agreement or eviction of tenants who viclate the terms of the tease or any addendums. J 3) Conduct crninal background chock(s) for aH now prospective tenants. If it is a current tenant a new background check is not required. Upon the City's request, documentation showing a background check was completed must be provided. 4)Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at w .mncpa.not. If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is completed Crime Free Housing training is scheduled for uaie Onner or agent plans to attend training at: Nimu of City 5)Submit Monthly Report by (ho 10 day of each month, Only required for Type IV— Mitigation Plans. Phase 11 - Read and check each box. 1)Complete a Security Assessment and impement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment call (763) 569-3344 2)A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up inspection call (763) 569-334 jSecurity Assessment is completed Security Assessment is scheduled for Page 2/8 Route! Lfcense Pon, Rev i-1-18 City of 8rooklyn Center—Community Development wvi.ci(yofbrOoktyncefller.O19 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 559-3360 708 86th Ave N Brooklyn Center Mn 55430 Community Development Sections A—Crime Free Housing Program Requirements (continued) Phase III ARM Meeting Requirement EIIJ 1) Owner or agent must attend at mmrrum to (2) A R fi meetings, The A R M meetings must be completed within the rental license period and before the License expiration date. fJ 2) Registration is not required to attend, noevr you must sign -in during the meeting, A R W /eding are held in January, March May, July, September, and November on the 2nd Thursday of the month. Meetings start at lOam and end at 11am. 3) Wale two months the owner or agent plans to attend,I Oiner or agent wIi attend ARM,M meetings scheduled for:,-_nd YA I The following actions are required for Multi-Family properties with tour (4) or more units IN 1) Conduct resident training annually to include edme prevention techniques. 2) Conduct regular resident meetings. Page 3/6 Renlaf License P/ca, Rev. 1448 City of &ooklyn Center—Community Development wAcityo1br0oklyflceflterOrg 6301 Shingle Creek Parkway, Brooklyn Center, MN 654302199 j Phone (763) 5633330 1 TTY 711 Fax (763) 569460 708 66th Ave N Brooklyn Center Mn 55430 Community Development Sections B—Long Term Capital Improvement Plan All components at a houseviill need to be replaced when Us beyond repair or its useful life, Based on condition age, and use, an estimated replacement date will need to be provided for each listed item, Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the EsU;naierl Rep!acruaont Date, Plans will not be approved if writing "unsure", "dot know", or leaving it blank. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Item Last Replaced Condition' Estimated Replacement Date Exarnp'o Water Healer bfilly 20W F May 2020 Last Replaced Condition'Estimated Replacement Date January 2018 N August 2040 February 2018 N January 2040 March 2018 N February 2025 n/a March 2018 N Item Furnace Water Heater Kitchen Appliances Laundry Appliances Smoke Alarms! Carbon Monoxide Alarms Exterior Items PaintiSding Wmdows Roof Garage Driveway Fence Sidewalks G G G G G £ November 2009 July 2017 Shed May 2017 'Condition Abbrevtons NewN July 2018 July 2020 November 2020 July 2020 August 2025 Good -:G Needs RelcementR Paqe 4/ Renta!Licenso P/On, Roy !418 City of Brooklyn Center—Community Development w,ci1yofbrooklyncenterofg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2 1199 1 Phone: (763)5'03-33301 TTY; 711 Fax: (763) 5693360 Sections C—Steps to Improve Management and Conditions of Pro perly The items in this section have been proven to assist wth properly management, property image, and rental license category improvement. The following actions are required: j 1) Check-in with tenants every 30-days, 2)Drive by property to check for possible code violations. 3)Evtct tenants in vo16on of the lease or any dendums 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. 5)Have no repeat code violations previously documented with the past year. El 6) Conduct a pre-inspection of the properly prior to the rental license inspection. [ 7) The following actions are optional unless required by the City. E1 1)Provide lawn/snow service. IKII 2)Provide garbage service. El 3)Install security system. 4)Provide maintenance seMce plan for appliances. Name of service company LIII 5)Other:: The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Page 5/6 Rent a l L/cnse P/an, Rev. 14-/8 City of Brooklyn Cnter—Community Dvloprnent wwv,cityofbrookIyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 TI?: 711 Fax: (763) 569-3360 708 66th Ave N Brooklyn Center Mn 55430 Community Development Sign and Verify I verify that all inform a tion provided is true and accurate. I understard that If I do not comply with the approved Plan, comply with all Items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result. Owz;ot or Ago N ^J rno and rai (Poaso Ptir) REM A AthJtii) Ow:;er or AqonlNino id T!D (i!Ajp(n5k;. PJoOSO Pio) MEM AdditiAof (>mcr oi Aqoni Signatore IpJkab&d City St a ll Only !o'e Deporimont I / / X 1 I f t fz CwIny Dive",, tnt nf I / Page (G R ori 1a! L icon sc Na n, Rev. 1-i18 City of Brooklyn Center—Community Developm e nt wvNlcityolbrooklyncente r.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430299 1 Phone: (763) 5633330 1 TTY: 711 Fax: (763) 5693360 City Council Agenda Item No. lOa #2 COUNCIL ITEM MEMORANDUM DATE: May 14, 2018 TO: Curt Boganey, City W4r THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 3218 63 d 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 3218 631(1 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 for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. Current rental license approval activities for license expires on 05/31/2018: 10-16-2017 The Owner, Madison Avenue Homes LLC, applied for renewal of the rental dwelling license for 3218 63'' Ave N, a single family dwelling. 11-17-2017 An initial rental license inspection was conducted and failed. 9 property code violations were cited, see attached rental criteria. 11-30-2017 The previous rental license expired. !Iission: Ensuring an attractive, clean, saft, inclusive conununhty that enhances the quality of lift for all people and preserves the public tins! COUNCIL ITEM MEMORANDUM 12-18-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged. 01-04-2018 A third rental inspection was conducted and failed. A $100 reinspection fee was charged. 01-19-2018 A fourth rental inspection was conducted and failed. A $100 reinspection fee was charged. 02-01-2018 A fifth rental inspection was conducted and passed, however, $300 reinspection fee was still owed. 02-01-2018 The $300 reinspection fee was paid. 02-21-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 02-21-2018 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. 03-16-2018 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-19-2018 A $300 Administrative Citation was issued for operating without a rental license. 03-21-2018 A Mitigation Plan was submitted. 04-23-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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 Mission: Ensuring an attractive, clean, saft, inclusive conhinuflitV that enhances the quality of hf1! for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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. Mission: Ensuring an a#ractive, clean, safe, indnive CO?flJflUflh/V that entrances the quality of 1ffC for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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. IkIission: Ensuring an attractive, clean, safe, inclusive coninwnitV that en/i ances the quality of lift' for all people ant/preserves the public has! COUNCIL ITEM MEMORANDUM 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 Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 172 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 to consider. Strategic Priorities: . Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public has! U Local Agent:Veronica Mendez Agent Address:2400 Blaisdell Ave #300 Minneapolis, MN 55404 16124811 056Agent's Phone AgenUs Email:han homesii@gmaitcorn I Pending Expiration Date:Fi3i 1 8 [inflh1Eor1a*I1flT Community Development Handwritten Plans will not he accepted. This form can be found on the website at ,tyofbrook1yncenterorgIrentalpIan or call (763) 569-3330 for an electronic version to be sent via email. Anion Plan—Ty1e 111(1 Ye) Mitigation Plan—Type IV (C Months) Based on the total number of property code violations found during the initial rental license inspection and/or validated police nuisance incidents, the above referenced properly Is required to submit an Action (Type Ill) or Mitigation Plan (Typo IV). In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, II, and Ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identij possible solutions to improve overall conditions of the property If a Plan is not submitted and!or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result aL:refuJiy and be sure to foflowi uctIQflsiherwisQyQLplan will not be approyed Page 1/ Rental License Plan, Rev, i1-18 City of Brooklyn Center--Community Development vAwcityofbrooklyncenterorg 6301 Shingle Creek Paeway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 0 4*CENTER AT 1OTER Community Development Sections A—Crime Free Housing Program Requirements Phase I Read and check each box, 1) A written lease agreement is required. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. JJ 2) Agree to pursue the termination of tease agreement or eviction of tenants who violate the terms of the lease or any addendums. nx 3) Conduct criminal background check(s) for all now prospective tenants. It it is a current tenant a new background check is not required. Upon the City's request documentation shoMng a background check was completed must be provided. 4) Attend an approved oight4iour Crime Free Housing training course. Information for approved courses can be found at www.mncpa.net . if you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is completed E Crime Free Housing training is scheduled for Dale El Owner or agent plans to attend training at:, Una of City Ej 5) Submit Monthly Report by the 10 day of each month. Only required for Type IV— Mitigation Plans. Phase B Read and check each box. 1) Complete a Security Assessment and Implement improvements required by the Brooklyn Center Police Department To schedule a Security Assessment, call (763) 569-3344. (j 2) A follow-up Assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a fallow up inspection call (763) 569-334 ]Security Assessment is completed 10/11/201 2Security Assessment is scheduled for * Page 2/6 RentalLiceiise Plan, Rev. 1118 City of Orooklyn Center—Community Development wviw.cityofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430'2199 1 Phone: (763)563-33301 TTY: 711 Fax: (763) 5693360 L CENTER Community Development T Sections A—Crime Free Housing Program Requirements (continued) Phase ill ARM Meeting Requirement El 1) Owner or agent must attend at minimum Iwo (2) ARM, meetings. The A.RM meetings must be completed within the rental license period and before the License expiration date. f17 2) Registration is not required to attend ho over you must sign in during the meeting A R M t1eeting are held in January, March, May, July, Seplember, and November on the 2nd Thursday of the month, Meetings start at lOam and end at 11am. nx 3) Write two months the ovneror agent plans to attend, 5/10/1 8 7/12/18Owner or agent will attend A.RM meetings scheduled for: end_______________ The following actions are required for MuitiFamily properties with four 4) or more units 1) Conduct resident training annually to include crime prevention techniques. a 2) Conduct regular resident meetings. Page 316 Rental Ucenso Plan, Rev. 14-18 City otarooklyn Cnter---Cornniunity Development vwcityofbrook1yncenteror9 6301 Shingle Creek Parkway, Brooklyn Center MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 5693360 CENTER Community Development T Tilt Sections s—Long Term Capital Improvement-Plan All components of a house Will need to be replaced vkien it is beyond repair or its useful life. eased on condition, age, and use, an estimated replacement date will need to be provided for each listed item, Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduted All items must have a date under the Esllmaled ReplacemenI bate. Plans will not be approved if writing "unsure" "don't know", or leaving it blank, if you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Urn last Replaced Condition' Estimated Replacement Date FampfWaorHo4or May 2010 F May 2020 Item Last Replaced Furnace water Heater 11201 2 Kitchen Appliances 5/2013 Laundry Appliances 7/2013 Smoke Alarms! Carbon Monoxide Alarms Exterior Items Paint/Siding 3/2016 -- Windows Roof 7/2013 Garage 7/2013 7/2010unvewy - Fence Sidewalks Shed 'Condition AbbreviaUo5 Estimated Replacement Date 1/20206 1/2019 05/2025 8/2022 3/2020 12/20 12/20 12/20 12/20 12/20 GoodG FilrF Needs RtplacomontzR Conditlon S G G G I G - G S S G Page 416 Ren(& License Plan, Rev. 1148 City of Brooklyn Center—Community Development wAI.cityo1brooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 65430-21991 Phone: (763) 5633330 m 711 Fax: (763) 5693360 () CENTER Community Development AT T4E^CVN'Tf;R Sections C—Steps to Improve Management and Conditions of Pro potty The items in this section have been proven to assist with property management, property image, and rental license category improvement. The following actions are required: 1)Check -in with tenants every 30-days, 2)Drive by properly to check for possible code violations 3)Evict tenants in violation of the lease or any addendums. 4)Remain current on all utility lees, taxes, assessments, tines, penalties, and other financial claims/payments due to the City. Eli 5) Have no repeat code violations previously documented with the past year. 6) Conduct a pro -Inspection of the property prior to the rental license inspection. El 7) Other: The following actions are optional unless required by the City. [] 1) Provide lawn/snow service. El 2) Provide garbage service. El 3) Install security system. 4) Provide maintenance service plan for appliances. Name of service company;LII 5) Other; The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent With a reminder notice to comply with the rental license requirements Pope 518 Ren& LCnSO Pin, Rev 11i8 City of Brooklyn Cent o r—Comm unIty tvc1opment wwvcityotbroolmconler.org 6301 Shingle Creek Parkway, Brooklyn Center MN 554302199 Phone: (763) 5633330 1 TTY: 711 Fax: (763) 5693360 0 'N* tCENTER T TCU Community Development Sign and Verify I verify that all information provided is true and accurate, 1 understand that if I do not comply with the approved Plan, comply with all Items within the license period, or operate beyond the license expiration dale, enforcement actions such as citations, formal complaints, or licensd review may result. Veronica Mend O',vr iotA c't t'tm ' 1, (1' P;) Ovr; or Agent Date Adgnai Oineror Agent oine nJ tAle (llApp;61i& Pceaso ThtJ Ad1i:iona1 Orniorot Agent Signofuro (Appciho) City Staff Only )y Depnttmont / <7 t1<7\ £ei Date Page 6/6 Renta!Liconso Pon Rev. f.1-i6 City of Brooklyn ont&—Community Development wvNl,cltyofbrooklynceflter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 554302199 1 Phone; (763) 5633330 1 TTY: 711 Fax; (763) 5693360 City Council Agenda Item No. lOa #3 COUNCIL ITEM MEMORANDUM DATE: May 14, 2018 TO: Curt Boganey, City THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 5207 Boulder 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 5207 Boulder 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 for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. Current rental license arrnroval activities for license expires on 11/30/2018: 02-14-2018 The Owner, Herman Capital Partners II, applied for renewal of the rental dwelling license for 5207 Boulder La, a single family dwelling. 02-27-2018 An initial rental license inspection was conducted and failed. 11 property code violations were cited, see attached rental criteria. 03-29-2018 A second rental inspection was conducted and passed. Mission: Ensuring an attractive, clean, saft', inclusive conununity, that enhances the quality of lift for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 04-06-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 04-06-2018 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. 04-12-2018 A Mitigation Plan was submitted. 04-23-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality //sfe for all people and presefl'Cs the public trust COUNCIL ITEM MEMORANDUM 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. 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. Alission: Ensuring an attractive, clean, soft, inclusive comnunhity that enhances the quality oJlfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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 Category N umb er of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 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 AILcsio;,: Ensuring an attractive, clean, suf, inclusive community that enhances the quality of hjè for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 ,units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Safe, Secure, Stable Community Attachment - Mitigation Plan AILcsion: Ensuring au attractive, clean, safe, inclusive commumly that enhances the quality of life for all people and preserves the public trust -*"-* 4CENTER*T T1t4Tt Community Development Rental License Plan APR 12 207&Handwritten Plans will not be accepted. This form can be found on the website at w'wecityofbrook1yncenter.orgIental-pI8n or call (763) 569-3330 for an electronic version to be sent via email, i Based on the otal number of property code v:olations found during the inial rental license inspection and/or validated police nuisance incidents, the above referenced property is required to submit an Action (Type Ill) or Mitigation Plan (Typo IV), In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval, The Plan includes Phase I, II, and III of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If a Plan is not submitted and/or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an edrninistrative citation, formal complaint, or license review may result. Page 1/6 Rental License P!a,L Rev, 1-1-18 City of Brooklyn Conte —Comniunity DGveiopmont \wcityofbrookIyncentor.OrO 6301 Shingle Creek Parkway Brooklyn Center, MN 554302199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 Community DevelopmentCEN AT I tit it tf4 It A 5207 Boulder lane Sections A—CrIme Free Housing Program RequIroment Phase I Read and check each box j1) A written lease agrcementis requred, The lease agreement shalt include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. 2) Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendums, :3) Conduct criminal ba round check(s) for all new .prospective tenants if it is a current tenant a new background check is not required. Upon the City's request, doc,imenia1on showing a background check was completed must he provided. nx 4) Attend an approved &ghthour Crime Free Housing training course, Information for approved courses can be found at wow mncpa not If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan, Crime Free Housing training is completed Crime Free Housing training is scheduled for Dare Owner or agent plans to attend ,training at: Name of City El 5) Submit Monthly Report by the 101h day of each month. Only required for Type IV— Mitigation Plans. Phase II. Read and check each box., Rx 1) Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department, To schedule a Security Assessment, call (763) 569-3344, El 2) A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up inspection call (763) 569-3344 Security Assessment iscompleted IS ( 1 E11 Security Assessment is scheduled for In Ii Pogo 216 Renia(Liconse Plan, Rev. 14-18 City of BvIyn Cntor—Community Ov&opmnt wowcityofbrooklynCentorOrg 6301 Shingle Creek Parkway, Brooklyn Center, MN 554302199 1 Phone: (763) 5633330 1 TTY: 711 Fax: (763) 669-3360 Phase III AR.M Meeting Requirement EKI 1) Owner or agent must attend at minimum two (2) ARM, meetings, The A.M. meetings must be completed within the rental license period abd before the License expiration date, 2) Registration is not required to attend, however you must signin during the meeting. ARM. Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month. Meetings start at lOam and end at 11am. x 3) Write two months the owner or agent plans to attend.MAY 10THJULY 12THOwner or agent will attend A R M meetmgs scheduled for and* The following actions are required for Mu1tkFniiiy properties with four (4) or more units. El 1) Conduct resident training annually to include crime prevention techniques. fl 2) Conduct regular resident meetings. Page 316 Rental License Plan, Rev, 1-1-18 City of Brooklyn Centor—Comrnunity Development wwn,cityofbrookiynconter,org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 Phone: (163) 5633330 1 TTY: 711 Fax: (763) 569-3360 Community DevelopmentrrER AT 6207 Boulder lane t Sections 84Lon9 Tornr capital improve*nt Plan All components of a house will need to be replaceld when it is beyond repair or its useful life. Based on condition, age, and use, an estimated replacement date will need to be povded for each listed iteim items that are broken, damaged, worn or hcçJato may require replacement sooncr than schedulod, All turns must have a date under the Estimated Replacement Date. Plans will not be approved if writing "unsure "don't know" or leaving it blank. If you are unsure of when an item will reed to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations, torn Last Replaced Condon Estimated Replacement Date Example. Water Heater May 2010 F May 2020 Item Last Replaced Condition"Estimated Replacement Date 2000 2025Furnace- Water Heater G 2020Kitchen Appliances 2010 G 2020Laundry Appliances Smoke Alarms!2017 G 2027Carbon Monoxide Alarms Exterior Items 1980 F 2020Paint/Siding --* 1980 F 20,25Windows2000G2030Roof196002050arage Driveway Fence Sidewalks Shed 'Condition Abbraviation GoodG FirF Nods R*placomentR Page 4/6 Rental License Plan, Rev. 1-1l6 City of Brooklyn Center—CommunIty Development wIA11CityOfb(OOklynCenteJOrg 63,01 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 TTY: 711 Fax: (763) 569-3360 The itcms in this section have been proven to assist with property management, property image, and rental license category improvement. The following actions are required: 1)Check-in with tenants every 30days 2)Dave by property to check for possible code violalions J 3) Evict tenants in violation of the lease or any addendums. 4)Remain current on all utility fees, taxes, assessments, lines, penalties, and other flnancal claims/payments duo to the City. 5)Have no repeat code violations previously documented with the past year. 6) Conduct a pro-inspection of the property prior to the rental license inspection. E 7) Other: The following actions are optional unless required by the City. J 1) Provide lawn/snow service, [] 2) Provide garbage service. [] 3) Install security system. 4) Provide maintenance service plan for appliances. Name of service company: E 5) Other: The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Pogo M Ronfal License Plan, Rev. 1148 City of Brooklyn Cantor—Comm unity Development W4,.ci(yOfbrO0klyflceflteLOffl 6301 Shingle Creek Paray, Brooklyn Center, MN 55430-2199 1 Phone: (783) 5633330 1 ii?: 711 Fax: (763) 569-3360 Community Development 5207 Boulder lane Lenny Frotov Omar ot Agent Ne Pee PU /o/ AddnJ Oor or /%on1 Nne md T!to (II AppA8be, Pkoo Pt1J Addiont Ovinor or Agent Snauo (if Appo?e) City Sta ff - PG::e Dpd;:" / :- 1J_ - tt Y A( f // J c (/ O,nun!/ beokrneffl tic Date 'age 616 Renta( License Pan. Rev, 1 1 , of 8rooklyn Conthr.—Community Ovetoprnnt ww,,cityofhrooklynceflter.org 001 Shingle Creek Parkway, Brooklyn Center, MN 554302199 1 Phone: (763) 5633330 flY: 711 Fax: (763) 503360 City Council Agenda Item No. lOa #4 COUNCIL ITEM MEMORANDUM DATE: May 14 2018 TO: Curt Boganey, City Wer k_-Z' THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 5715 Emerson 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 5715 Emerson 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 for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is single family property. The previous rental license was a Type II 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. Current rental license approval activities for license expires on 05/31/2018: 10-16-2017 The Owner, J and M Homes II, Inc., applied for renewal of the rental dwelling license for 5715 Emerson Ave N, a single family dwelling. 11-16-2017 An initial rental license inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 11-30-2017 The previous rental license expired. Mission. Ensuring an attractive clean, safe, inclusive COflflflUflit,V that enhances use quality of life for (Ill people and preserves the public tins! COUNCIL ITEM MEMORANDUM 12-18-2017 A second rental inspection was conducted and passed with weather deferral. 01-04-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 01-04-2018 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. 01-23-2017 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. 03-19-2018 A $300 Administrative Citation was issued for operating without a rental license. 03-21-2018 A Mitigation Plan was submitted. 04-23-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an A'ILcsion: Ensuring an attractive, clean, saft, inclusive community that enhances the quality of lte for all people and preserves the public trust 1SJ[ItI fl I VM'4 LU ak"A (U1WiflSJhYA I opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 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 Mission: Ensuring an attractive, clean, s(fe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.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 4Iiss!on: Ensuring an attractive, clean, safe, inclusive cominunhly thai enhances the quality of life for nil people and preserves the public mist COUNCIL ITEM MEMORANDUM (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 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, sqfi', inclusive conuniuiitr that enhances the qualify of lEJ for all people and preserves the public trust cENTER Community Development AX Rental License Plan Handwritten Plans will not be accepted. 4p This form can be found on the website at vNw,cityothroOklyncenterOrg(refltalplafl or call 2Oi (763) 569.3330 for an electronic version to be sent vb email. Action Plan—Type III (1 Year) Mitigation Plan—Type IV (6 Months) Owners Address: 12400 Blaisdell Ave #300 Minneapolis MN 55404 Owners Phone: I Owner's Email: Current Expiration Date: r 11-30-17 J Local Agent: Veronica Mendez Agent Address: 2400 Blaisdell Ave #300 Minneapolis, MN 55404 Agent's Phone: 1481i056 Agents Email: j an dmhom es Higgm aiLe Pending Expiration Date: 53118 . 1 Based on the total number of property code violations found during the Initial rental license inspection and/or vaIidate police nuisance incidents, the above referenced property is required to submit an Action (Type Ill) or Mitigation Plan (Typo IV). In order to ensure timely completion of the license application process, a Plan must be completed Immediately and submitted for approval. The Plan includes Phase .1, II, and Ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. 11 a Plan is not submitted and/or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Read ca refu ll y a nd be surej follow.__y IT_royed Page 1/8 Rental Licenso Plan, Rev. 1-148 City of Brooklyn Cantor—Community Development wwi,cityofbrooklynoenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (76) 533330 1 TTY: 711 Fax: (763) 569-3360 . .' 4. ICENTER Al TUJcl Community Development Sections A—Crime Free Housing Program Requirements (continued) Phase ill AR.M Meeting Requirement El 1) Owner or agent must attend at mnlmum two (2) A.RM. meetings. The A.R.M. meetings must be completed within the rental license period and before the License expiration date. 2)Registration is not required to attend, however you must sign-in during the meeting. A.R.M. Meeting are A held in January, March, May, July September, and November on the 2nd Thursday of the month Meetmgs start at lOam and end at 11am. 3)Wiite Iwo months the owner or agent plans to attend.5/10/18 7/1 2/1 8Owner or agent vll attend ARM. meetings scheduled for: an47/12/18_______ The following actions are required for MultiFamily properties with four (4) or more units. I 1) Conduct resident training annually to include crime prevention techniques. S 2) Conduct regular resident meetings. Page ji6 RenaI Llcnse Plan, Rev, 1-1-18 City of Brooklyn Cenicr-comrnunity Development wvri.cityo1brooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-21991 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 N CENTER Community Development AT THCEH1 Sections B—Long Term Capital improvement Plan All components of a house will need to be replaced when it is beyond repair or its useful life, Based on condition s age, and use, an estimated replacement date will need to be provided for each listed item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Replacement Date. Plans will not be approved if writing "unsure "don't know", or leaving it blank. 11 you are unsure of when an item Will need to be replaced, you can make a prediction based an the age, use, condition, or manufacture recommendations, Item Last Replaced Condition' Estimated Replacement Date Example: Water Heater May 2010 F May 2020 Item Last Replaced Condition'Estimated Replacement Date 112009 0 1/20205Furnace Water Healer 1/2012 - 1/2019 Kitchen Appliances 7/2014 G 25/2025____ Laundry Appliances 81201 5 <3 8/2022 Smoke Alarms/3/2017 G 3/2020Carbon Monoxide Alarms Exterior items Paint/Siding Windows Roof Garage Driveway Fence Sidewalks WAREGN 5/2007 8/2012 8/2010 7/2007 7/2010 G 12/20 G 12/20 <3 12/20 0 12/20 <3 12/20 0 0 7/2025 Shed 'Condition Abbrev13Uon NOW--N GoodG FlrF Needs RepIacemeniR Page 416 Rental License Plan, Rev, 1-1-18 City of Brooklyn Center—Community Dovolopmtnt wwcityotbrookiyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 Community Development Sections C—Steps to Improve Management and Conditions of Property The items in this section have been proven to assist with property management, property Image, and rental license category improvement. The following actions are roquired 1) Check-in with tenants every 30 days nx 2) Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any addondums, 4)Remain current on all utility fees taxes, assessments, fines penalties, and other financial claims/payments due to the City. 5) Have no repeat code violations previously documented vth the past year , nx 6) Conduct a pro-inspection of the property prior 10 the rental license inspection. fl 7) Other: The following actions are optional unless required by the City 1)Provide lawn/snow service. El 2)Provide garbage service, 0 3)'Install security system. 4)Provide maintenance service plan for appliances. Name of service company: 0 5)Other: The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. page 516 Rental License Plan, Rev, 1448 City of Brooklyn Center—Cemmunity Development vwv.cityofbrookIyncenter.org 6301 Shingle Creak Parkway, Brooklyn Center, MN 55430-2199 I Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 10 k CENTER Community Development A / Sign and Verify I verify that all information provided is true and accurate. I understand that if I do not comply with the approved Plan, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result. or Agent t'/arr Ti PeasoP,fn) 3/30/2018 Ownor or Agenl Skinature Onto AddkMo! Ownt orAjenf Warne nnd Tnk5 (iUppllcnb, Peao P,ie() MdotinI Owner or Agent Sgna(uro (If App.Jca blot Date City SWf Only y7 ( Polee ri i/s' 7 rn i \ CornrnjInty Oev&opn!rniI /i k 'Data ' Pago 6/6 Rental License Plan, Rev, 14-18 City of Brooklyn Center—Community Dovdopment WVAV,cityOfbrOOklyflcenter0r9 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 5693360 City Council Agenda Item No. lOa #5 COUNCIL ITEM MEMORANDUM DATE: May 14, 2018 TO: Curt Boganey, CityØ THROUGH: Meg Beekman, Community Development Director FROM: XiongThao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 4201 Lakeside Ave #104 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 4201 Lakeside Ave #104. 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on thirty-two (32) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-16-2017 The Owner, Minneapolis Property, LLC I Jane Green, applied for an initial rental dwelling license for 4201 Lakeside Ave #104, a single family property. 06-14-2017 An initial rental license inspection was conducted, 32 property code violations were cited, see attached rental criteria. 07-20-2017 A second rental inspection was conducted and failed. Property Manager denied access for inspection. $100 re-inspection fee was charged. Mission: Ensuring an attractive, clean, safe, inclusive comma ally that enhances the quality qf lift for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM 07-24-2017 A third rental inspection was conducted and failed. Additional property code violations were found. $100 reinspection fee charged. 08-03-2017 A complaint inspection/fourth rental license inspection was conducted and failed. Additional code violations were found. $200 reinspection fee is owed. 08-07-2017 The $200 re-inspection fee was paid. 08-23-2017 A fifth rental inspection was conducted and failed. Three violations still not corrected Since this is a follow-up to new code violations, no reinspection fee is charged. 09-07-2017 A sixth rental inspection was conducted and failed. There was no access to conduct the rental inspection. $100 re-inspection fee is charged. 09-21-2017 A seventh rental inspection was conducted and failed. Met with manager who indicated they are not done remodeling and violations had not been corrected. Rental inspection rescheduled for 30 days. $100 reinspection fee was charged. 10-12-2017 The $200 re-inspection fee was paid. 10-23-2017 An eighth rental inspection was conducted and passed. 11-09-2017 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 1, II, and III of Crime Free Housing Program, etc. 11-27-2018 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. 01-08-2018 A Mitigation Plan was submitted. The Mitigation Plan submitted was incomplete and staff requested for a new plan to be submitted. 03-28-2018 A $300 Administrative Citation was issued for operating without a rental license. 04-10-2018 A new Mitigation Plan was submitted. 04-23-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. If approved, after six months, a new rental license is required. The license process will begin in approximately three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. Mission: Ensuring an attractive, clean, saft, inclusive cominufuty that enhances the quality of 1Efi for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 pian, 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. 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. Mission: Ensuring an attractive, clean, sqf, inclusive consmu:zily that enhances the quality fi!l, for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units I Greater than 8 I Mission: Ensuring an attractive, clean, safe, inclusive cotninunsty that enhances the quality of llfr for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 3+ units Greater than 3 I 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.0 1, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Safe, Secure, Stable Community Attachment - Mitigation Plan 4'Iiss!on: Ensuring an attractive, clean, sqfe, inclusive coinniunily that enhances the quality of lEje for all people and preserves the public trust Community ooveiopment AT THT Rental Ltcense Plan Handwritten Plans will not ho accepted. Th ftcm can he found on the bde a wawityof brccdynoon rgflefll8kJk1n r cal (763) f9-3330 totn etskni to be sent via omnU 1:1 Action Plan—Typo 111(1 Year) Mitigation Plan—Type IV (6 Months) Lion Rock Properties 5871 Cedar Lake Rd #103 Si, Louis Park, MN 55416 1952-303-5982 info@Lrpropxon= Cuaont xtabo ato: I J Pending Expiraon Date: Oad on the total cumber of property ede vbtations found dung the initial rental hense Insçection and/or ilhinted Police nuisance iridents, the above tefarenctj property is required to submit an Action (Type Ill) or Mitiatfon Plan (Type IV), in order to ensure titry cornption of the license application prcoess q Plan must be completed lmmediaIet and sibmilted for approval. Tbe Plan includes Phase I, II, and Ill of the Cme Free Houng P'cgum It so includes nieisures that riust b taken to ensure cgong cmpHarcc h Cy 0rdinwces &d tiche codes A Jontal bconso Plan nflows the vioxf aid the City to roew concerns and identity pcssicle oitions to mprOIe oaii condtiOiiS of lie property If a Plan is nnt suhinitId and/in all kem are not con ted itnin the lionso pecd, clr the obow, prapoty opeates beyond the krense expiration dao, enfoicemeni ttoas such as al adniinisfratio citation s formal ccmplaiit, or cene foviow may rosul, ttierIso your pn viii not be ppiycL at;e 1/ C; of flrolyn Cimi mmurty 1oprnrtt 6301 fThigIo Ciok Pway, Btco;lyn Cente 1SN 5$ 02i9 I Phofle: 1J63) 5O3-3O I kmraf Lnee Pi Rov - 11S org TTY: 711 Fax (763) 5694360 PapoiAddress: 4201 Lkosldo Ave,#104 Brooklyn Centor, MN 55429 Name(s) 1OanOhSPR)pOflyLLC Locr /itfli Address: 5720 Brooke 1)rAgent Addre: Edina MN 55439 Ow tet' Phone 195299 4 8 5 _ Agent's PhoncIjanegreen70hotmai1 Agents Email; E r ** CENTFER Community Development 4201 Lakosido Ave 0104 Brooklyn Center, MN 55 ,129 Sections A—Grime Free Housing Program Requitements Phase Read and chock each box. j1)Awlon teso WOO nlent s re(Iuked 'nno lease areemeM shall incke the Crni Free Housg 1eao Addendum, A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan, j2)Agoo to pursue the eri!natien of lease sreennt or eviction of vto Votate the leans of the tese 01 any addenduns ) Coduet cnia background cack(s) fc all new prospethi tenants. if II is a cwtent iaii a new backgiound eicck is not eqed, Upon the C e(ltiu, doun'en1otoi hown a background chec!< was corn must be prn/teI. [J 4) Attend an approd ht.haur Came Free ousi traitng oure. tnarmat'o' fo approved courses can be foud at vw?Mnrpacet If you have com pl e t ed the course attach a copy of the Crime Free Housing Certificate to the Plan, Cckno Free Haufileg irainlr, is cnpleed Olive Free Hous anlrr s &cheduledfor June 2014 & May 2015 LI Oor or agent plans to .tend trainir, at:, Uar of Cft' fj 5) Subnilt Wnthty Reptut by the IC) fny of each rro'ith, Only required for Type W—Mitigation Plans Phase ii Read and check each box. 1) Complete a Security Assessment a4 merneM aprovnrnents reqthe by the Brcokljn Center Petco DepatInn To schedule a Security Assessment, call (7(13) 69-3344, j2) A folIoviup assessment must be completed before the license expiration date to vofy the secuty pr wit mnIs ha been irnpometed. To schedute a follow up instocton call l763) &S-3344 Soouhty Assessment is conipleted January 122018U'ctjsscssnvent ts stmthiiod br Pje 2tr3 'omqv fev 1ft Cy of Brocln Centtr—etnmunty Oacput \W/?icityO1brCckiyncOnte(01 6301 Stigte Crook Parkway, 1rxkt'n Coner MN 513O-299 I Phee: (763) f333O TIY: 711 Fa (763),569-MO 4201 Lakeside Ave. #104 Brooklyn Center, MN 55,429 Community Deveopmcnt Sections A-Crime Free Hou!ng Program Requirements(continued) Phase ill AKA1 tilting Requirement 1) wre or agent n et iIto t nnrnrn to (2) ARM, meetings, The AAA.M metIngs most be completed wthln the rental license poiod and before the License expiration date. 2 Registration Is not rutted to attend, hcwever you must sir-in during tbo nietIrg. ARM fhng are held in January, Mach, May, July, Seplemer, and Noniber on thu 2nd Thursday of tho nionth. M&engs stri t I Oom rd and at iiDy 3) Mile t months the owr or ngent plans to nttond.May 2018 Ally 2018cn a t at ?,l ll aend A.RM. mactogs scdulod tor The following actions are required for tultiFamily properties with four (4) or more units. EN 1) Conduct roskiont tang anua!iy to incudc odma pro'iontio toolmiquos. EN 2) Conduct rogjI&I resident meetngs Page 33 R/ LcOi P/au, Rev, 1148 City of arekln Onter—Cotrounity Oveopinoit w,twci 1 cklyncentOrOrg 6O1 Shingle Creek Pntky, Bodyn Center, MM &3O2i9 Phone:(763) 6IY) ITY: 11 Fa>: (763) 5693360 4201 Lakosido Iwo, #104 Brooklyn Center, MN 55429 Community Development Sections B—Long Terni Cpitai ImprovrnoM Plat) A, III components of a h:oSe'401 need to be repae ien it is beyunf repair or its usotul !Jo. Basted on coiillon, age, ar4 use an estnatcd repacernent date W4 need to be proded 1r eth !'sled iien hems Wet are hroen, damaged, ww, n, or inoperable may roqre replacernent soorer tnn scheduled, All itours must haw, a dattt unrJer the Est odRepaonien t bate, Plans will not be approved If wtlting "unsuro dot know or 1aYin g It blank, if you are unsure of vhen an item W H nec4 to be ropinced you cen fliC.O a ptdi hn hid on Un ago, ipso condition, or rnan ufaejre recerrrnenaiion torn Last Replaced Condition'Estimated Replacement Date Exaeip?o: Y/e!er Hoale May 2010 F May 2020 Item Lt R1d Condition* Estimated Replacement Date Not In Unit Water Heater Not In Unit Kitchen Appliances Stove N RpIaeed ran 2017 Laundiy/ce's Not in Unit Smoke Aiarni.s Carbon Monodde/dunns All Replaced N Replaced Fall 2017 Exterior Items HOA HOARosonihdity HOA HOA_Resonslbility Roof HOA HOA Rosonsibility HOA HOA_Resonsibility HOA ** 1I0A Rosonsibhty Pence HOA HOA Resonsibility HOA HOA Resonsibility Shed ___ Cpdtkm AbbrevUlloym Ir"F *ds R1enntR P 4/c Ro,1 LAcno Pai, 11- Cy of BrooUyn Ctr—Cvmtnunbt',Development 6301 Shingle Ciock Parkway,6rookyn center, MN 55430-21991 Phone: (763) 563333O Ii?: 711 Fax: (763) 569336O 0 t e%s 4Y Community DevelopmentCENTR T Tfl(TR 4201 LakostdoAv. f104 Brooklyn Center, MN 55420 Sections C—Sleps to Improve Management and CndiIJons of Property The itcais In ths secn have been proven to asst Wth prnpoIt) ruanaxnent, property iritge and rental 1icne cogory imprconanL The following actions ore required: ) Chockh with tenants every i0days. Z] 2) Drive by rcçeiy to cheo possibb ecd ciins. 3) EYt tenants in lbn of tto lease or any aer,irns. Remain curret cin all uty lees, ines, assossnwn1, Ines, ra1Ue, and other iinancia clnimsipwjmants due to U C4 5) Have ro wpal coda bln1ni pmiaus?y dccurnentc h the pa yo, [K]6) Coducl a preinsoFcn ol the pwporty to the rnta1 license 1spoztii. [71 7) Otor, The following actions art, optional unless required by the City.E 1)Provide laontsnow 2)Povlde garbage soroo. El 3)hsiatI rtty system. 0 4)Proviie mnenane sarco plan fol ailiancos. ena of se:vk c npany: 5 Other: Tlio tonoo must cornpy wih the appraed Plan and allopptk:ahle City Met copy of the apovid plan vØiU i>e sent v1th a nw1wat irnft1e to eciipty 'ith iho rantil tcousa rxre:nents, PNP M3 1Vta( Lc&e Plea. k 14-18 Cty 61 Bctyn c r-Coinmun4y De1c.prnent W#AV cityo!bclnnterur 6A Shhglo Ccc Pa(vay, BuOkIp Center MN 5302 Phe: r/63) 5420 I 1IY: 711 Fax: (763) E693360 CENTER hy 1"t C 2( I Coi'nun ity Dôvolopnient s i qn^awj V e rify MAY M < :MY al I 1, ;a v. a a 2/ ) .. &4 /,- 4 4;•. 4 / 44 Cky ( 1<. 1/low 4 L' \!J/•( :- (7/ / U it Ay - 33'I 4_' C 3 ivy Shims op'" Row,SYMPI Woup.:(j',. City Council Agenda Item No. lOa #6 MIND tSU1 U DI'A I I k'A(IitUflhJh'J DATE: May 14, 2018 TO: Curt Boganey, City er THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 5820 Logan 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 5820 Logan 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 for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on twelve (12) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is Tecommending 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. Current rental license arova1 activities for license expires on 07/31/2018: 11-07-2017 The Owner, Famaz Toussi, applied for renewal of the rental dwelling license for 5820 Logan Ave N, a single family dwelling. 12-12-2017 An initial rental license inspection was conducted and failed. 12 property code violations were cited, see attached rental criteria. 01-16-2018 A second rental inspection was conducted and passed. 01-31-2018 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (must COUNCIL ITEM MEMORANDUM 02-06-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 02-06-2018 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. 03-19-2018 A $300 Administrative Citation was issued for operating without a rental license. 03-28-2018 A Mitigation Plan was submitted. 04-23-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall 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 zt(ructh'e, clean, soft, inclusive conimunh/v that enhances the quality of lift for a11 people and preser es the public host COUNCIL ITEM MEMORANDUM 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. 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, Mission: Ensuring an attractive, clean, sJe, inclusive community that enhances the quality oj'lifr for all people and preserves the public trust [ES1IJJ I U U M Uh'A I Ik1(I] I1Bk'A I 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) 1-2 units 0-1 3+ units 0-0.75 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 1-2 units Greater than 8 3+ units Greater than 3 Type I - 3 Year Type II —2 Year Type III - 1 Year Type IV —6 Months 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 ft'Iission: Ensuring an attractive, clean, safe, inclusive cotnnuinit.p that enhances file quality of lift for all people and preserves (lie public trust COUNCIL ITEM MEMORANDUM 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 to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan Alission: Ensuring an attract!ve, clean, safe, inclusive coninsunit that enhances the quality oJli:fe for all people and preserves the public (rust 0 CETER Community Development Al rCttYtfl Rental License Plan Handwritten Plans will not be accepted This form can be found on the website at wwIcitVofbrooklyncefltorOrg1reflt81-Pl8fl or call (763) 569-3330 for an eIectronc version to be sent via email. LII Action Plan—Type 111 (1 Year) El Mitigation Plan—Typo IV (6 Months) Property Address: 5820 Logan Ave North Ownors Name(s): Far iaz Toussi Local Agent: Owner's Address: Fox 14633 Agent Address: Minneapolis, MN 55414 Owners Phone: 1(612)501-5712 Agents Phone: Owners Email: ivndl h @u reach, coj Agents Email: Current Expiration Date: [!1/2018 _ Based on tho total number of property code violations found during the initial rental license inspection and/or validated police nuisance incidents, the above referenced property is required to submit an Action (Type Ill) or Mitigation Plan (Type IV). In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, IL and Ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the II a Plan is not submitted and/or all items are not completed vMhin the license period, or the above property operates beyond the license expirahon date, enforcement actions such as an administrative citation, formal complaint, or license review may result, Road care 11 aild be sure to folio ctio twise our planwd[ not bea proved. Page W6 Rental License Plan, Ro'. r 18 Pending Expiration Date: LLLLLf_U2r City of Brooklyn Cntr—Cornmuoity Ovlopnint w,cityo1brooklynceflter.or9 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2109 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (163) 569-3360 Community Development*CENTER AT HL 5820 Logan Ave North Sections A—Crime Free Housing Program Requirements Phase I Read and chock each box 1)A written lease agreement is required The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the tease agreement and Crime Free Housing Lease Addendum must be attached to the Plan, 2)Agee to pursue the termination of tease agreement or ovction of tenants who violate the terms of the lease or any addendums. nx 3) Conduct criminal background check(s) for all new prospective tenants. If it is a current tenant a new background check is not required. Upon the City's request, documentaton showing a background check was completed must he provided. 4)Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.nincpa.net . If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is completed Ctirne Free Housing training is scheduled for Oao Owner or agent plans to attend training at Namo of Cty 5)Submit Wonthly Report by Pie 10' day of each month, Only required for Type IV— Mitigation Plans. Phase 11 Read and check each box, 1)Complete a Security Assessment and implement improvements required by the Brooklyn Center Police * Department. To schedule a Security Assessment, call (763) 569-3344. 2)A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented, To schedule a follow up inspection call (763) 569-3344. jj Security Assessment is completed Security Assessment is scheduled for Pigo 216 en& License Plat), Rev, 1-1-18 City of Brooklyn Cantor—Community Development WMv,CityOtbrooklyflcenterOrg 61,01 1 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone; (763) 563-3330 1 TTY: 711 Fax (763) 569-3360 k* aCENTER AT TitC:CLNIEP Community Development 5820 Logan Ave North Sections A—Crime Free Housing Pro gram Requirements (continued) Phase HI AR.M Meeung Requirement 1) Owner or agent must attend at minimum two (2) ArM. meetings. The A.RM. meetings must he completed within the rental license period and before the License expiration date. El 2) Registration Is not required to attend, however you must sign-in during the meeting. ARM. Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month. Meetings start at 10am and end at 11 am, 3) Write two months (he owner or agent plans to attend, Owner or agent wit attend ARM. meetings scheduled for: May andY The following actions are required for Multi-Family properties with four (4) or more units. El 1) Conduct resident training annually to include crime prevention techniques. El 2) Conduct regular resident meetings. Page 3/6 Renla! Lconse Man, Rev, 1148 City of Brooklyn Center—Community Development www,cityotbraolyncealet.org 001 Shingle Creek Patkway, Br,00Klyn Center, MN 55430-2199 1 Phone: (763) 5633330 TTY: 711 Fax: (763) 569-3360 Item Furnace Water Heater Kitchen Appliances Laundry Appliances Smoke Alarms/ Carbon Monoxide Alarms Exterior Items Paint/Siding Windows Roof Garage Driveway Last Replaced Ongoing 2010 2014 'I , Fence Sidewalks Shed 'Condition Abbreviations*, NOW--N Community Development All components of a house will need to be replaced Mien It is beyond repair or its useful life, Based on condition, age, and use, an estimated replacement date will need to be provided for each listed item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Replacement bate. Plans will not be approved If writing unsure", don't known, or leaving it blank, it you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Item Last Replaced Condition Estimated Replacement Data Example: Water Heater May 2010 F May 2020 Condition Estimated Replacement Date F \/ /1 G G 1! G .;j A I1 _____ ! GoodG FirF Needs RptacementR Pane 416 Rental I,irie Plan, Rev. iil8 City of Brooklyn Center—Community Oeveloment \wAvcityofbrooklynceflteror9 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430299 1 Phone: (763) 5633330 1 TI'?: 711 Fax: (763) 5693360 CENTER Community Development Al T 11 1 5 cCT4 5820 Logan Ave North Sections C—Steps to improve Management and Conditions of Property The items in this section have been proven to assist with property management, property image, and rental license category improvement. The following actions are required 1) Check4n with tenants every 30deys j2) Drive by property to check for possible code violations. 3) Evict tenants in violation of the lease or any addendums. E] 4) Remain current on all utility tees, taxes, assessments, ones, penalties, and other financial claims/payments due to the City. 5) Have no repeat code violations previously documented with the past year. E 6) Conduct a pre-inspection of the property prior to the rental license inspection 1) Other: The following actions are optional unless required by the City 1)Provide lawn/snow service. El 2)Provide garbage service. El 3)Install security system. 4)Provide maintenance service plan for appliances. Name of service company: E 5)Other: The licensee must comply with the approved Plan and all appPcabte City Codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements g Rent a! Ucensc Plait Ro'. t418 City of Brooklyn Center—Community Developmont wAvcityofbrooklyncentarorg $301 Shingle Creek Pakway, Brooklyn Center, MN 5543O2ig9 Phone: (763) 563333O TTY: 711 Fax: (763) 569-3360 V iI Orno CEN1TR Community Development ttt cTP 5820 Logan Ave North Sign and Verify I vediy that all information provided is true and accurate. I understand that if I do not comply with the approved Plan, comply with all items within the license period, or operate beyoii the license expiration date, enforcement actions such as citations, formal complaints, or license review may result Ocr of /qeit Name and T'!c (P'ease ('rent) 031211201 of Agent Sqrum Dno Adtht(wlowuororAgent Nnmo imi iit1i (if Appo We, Piose Print) Adena1 Owner or OrI( Sqantwe (If ippai;J City Stall Only Pohco Oeptnmn.t 'i ) i c ' I I • ynrnUny DootnOoi Dale Page Mi Reitar 1. iconsc Plan, Rev, 1- 1-18 City of Brooklyn Center—Community Oeveopmcnt vctIyafhookIynCenterOrg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 I Phone: (763) 563-33301 TTY: 711 Fax: (763) 569-3360 City Council Agenda Item No. lOa #7 COUNCIL ITEM MEMORANDUM DATE: May 14, 2018 TO: Curt Boganey, City644 THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 7006 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 7006 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 for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is single family property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on eighteen (18) 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. Current rental license approval activities for license expires on 07/31/2018: 11-07-2017 The Owner, Hesham Abdel Hakim, applied for renewal of the rental dwelling license for 7006 Morgan Ave N, a single family dwelling. 11-30-2017 An initial rental license inspection was conducted and failed. 18 property code violations were cited, see attached rental criteria. 01-03-2018 A second rental inspection was conducted and passed. !fission: Ensuring (11? altructiva, clean,sa inclusive community (Ii at enhances the quality of lift for all people and preserves (lie public (rust [IiIJiiJ li_il UMMMI) iII1IJi 01-18-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 01-18-2018 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. 01-26-2018 A Mitigation Plan was submitted. 01-31-2018 The previous rental license expired. 02-07-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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 community that enhances the qualitj' of lift for all people and preserves the public trust [WIN [a I fl U1M&'II[IM1IflBJiYiI 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. 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, Mission. Ensuring an attractive, clean, sqfr, inclusive community that enhances the quality of lift for a!lpeopk' and preserves the public trust U U UM'4 I'A I k'A 0] UU1U I 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. Property Code and Nuisance Violations Criteria License Category. Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 , but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 JI/JLcsion: Ensuring an attractive, clean, sate, inclusive coninlu nil)' liwl enhances the quality of 1sfe for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater than 0.25 but not more than I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Safe, Secure, Stable Community Attachment - Mitigation Plan mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of Ijft for all people and preserves the public trust Al CE PW Community Development AlHLCHfl Rental License Plan Handwritten Plans will not be accepted. This form can be found on the website at VA cityothrookIyncenterorgkenlaplan or (763) 5693330 for an electronic version to be sent via email. Action Plan—Type 111(1 Year) Mitigation Plan—Type IV (6 Months) Property Address; 7006 Morgan Ave N Brooklyn Center, MN 55438 Osnérs Name(s); Hesharn Youssef Omar Local Agent; Hany Omar f Abdel Hakirn OwnersAddress: 741 Kennaston Drive NE Agent Address 6207 Heather Place NE• Fridley, MN 55432 Fridley, MN 55432 •<)%Vners Phone: •.•. Agent's Phone; 512) 7307424 Owners Emil; F omar@,rimericana-food corn Agent's Ell: hanyornar02@grnaiLcorn1ma Current Expiration Date; V 1 Pending Expiration Date; __N and ______ Based on the total number of property code violations foud during the initial rental license inspectioor validated police nuisance incidents, the above referenced property Is required to submit an Action (Type Ill) or Mitigation Plan (Type IV. In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval, The Plan includes Phase I, II, and Ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If a Plan is not submitted andlor all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Read carefully, and be sure to folIov ns 110 jthenvise our Ian will not be approved, Page 1/6 koni& L/cense Plan, Rev, 1-1-18 City of Brooklyn Center—Community Development w1wcityofbrooklyncen(orarg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone; (763) 563-3330 1 fIX: 711 Fax: (763) 569-3360 Community Development Phase I Read and check each box, 1) A written lease agreement is required. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. El2)Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendums, El3)Conduct criminal background check(s) for all new prospective tenants, if it is a current tenant a new background check Is not required. Upon the Citys request, documentation showing a background check' was completed must be provided. 4)Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.mncpa.net . If you have completed the course attach a copy of the Crime Free Housing Certificate -to the Plan. El Crime Free Housing training is completed El Crime Free Housing training is scheduled for Date Owner or agent plans to attend training at: Nvne of City 5)Submit Monthly Report by the 10 day of each month. Only required for Type IV— Mitigation Plans, Phase II Read and check each box,nx 1) Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763) 569-3344. El 2) A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up in' pection call (763) 569-3344. ecurity Assessment is completed \ t /i fe Security Assessment is scheduled for Page 2/8 Rental License Plan, Rev, 1-1-18 City of Brooklyn Center—Community Development WMV.cityotbrooklyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 iTh 711 Fax: (763) 569-3360 O CENTER Community Development At rICTE 7006 Morgan Ave N Brooklyn Center, MN 5548 Sections A—Crime Free Housing Program Requirements (continued) Phase III A.RM Meeting Requirement 1) Owner or agent must attend at minimum two (2) A ftM. meetings. The ARM. meetings must be completed within the rental license period and before the License expiration date. J 2) Registration Is not required to attend, however you must sign-in during the meeting. A.R,M, Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month, Meetings start at lOam and end at 11am. El 3) Write two months the owner or a;enl plans to attend, Jan IOwner or agent will attend AJM, meetings scheduled for: anrtMah8 The following actions are required for Multi-Family properties with four (4) or more units. I 1) Conduct resident training annually to include crime prevention techniques. U 2) Conduct regular resident meetings, Page 3/6 Rental License Plan, Rev, 1-1-18City of Sroktyn Center--Community l)ev&opment wvAvcityolbrooklyncenler,org6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 j Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 CENThR Community Development 7006 Morgan Ave N Brooklyn Center, MN 55438 Sections B—Long Term Capital Improvement P!n All components of a house wifi need to be replaced when ills beyond repair or its useful life, Based on condition, age, and use, an estimated replacement date will need to he provided for each listed item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. Al! items must have a date under the Estimated Replacement Date. Plans will not be approved if writing unsure" "don't know", or leaving it blank, it you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations, tern Last Replaced Condition'Estimated Replacement Date Example: Wafer Heater May2010 F May 2020 Item Last Replaced Furnace June 2015 Water Heater May 2016 Kitchen Appliances March 2017 Laundry Appliances June 2015 Smoke Alarrnsl -Jan 2018 Estimated Replacement Date May 2025 May 2023 March 2027 May 2022 Jan 2019 Condition G G G G G G G G G F 0 UVVJ VUVAW 0111") Exterior items Paint/Siding Windows Roof Garage Driveway Fence Sidewalks Shed Condition Abbreviations: June 2015 June 2013 Aay 2016 NA June 2013 NA NA May 2021 May 2025 June 2030 May 2026 May 2028 June 2025 New--N GodG FairF Needs Roplacernentzil Page 416 Rental License Plan, Rev, 1t-18 City of Brooklyn Center—Community Development vww,cityofbrooktyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 I Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 5693360 CENYrER Community Development AT Tktt-VNTEP 7006 Morgan Ave N Brooklyn Center, MN 55438 Setlónlit—s- top 's to Improve Management end Conditions of Prciperty The items in this section have been proven to assist with property management, property image, and rental license Category improvement, The following actions are required: J 1) Checkin with tenants every 30-days. fj 2) Urivo by property to check for possible code violations, 3)Evict tenants in violation of the lease or any addendums, EKI 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claimslpaymonts due to the City, RX 5) Have no repeat code violations previously documented with the past year, El 6) Conduct a pre-inspection of the property prior to the rental license inspection, E 7) The following actions are optional unless required by the City LII 1) Provide lawnlsnow service, 2) Provide garbage service, LII 3) Install security system, 4)Provide maintenance service plan for appliances. Name of service company:LII 5) Other: The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. PiQC 5/6 Rental License Plan, Rev, 14f8 City of Brooklyn Center—Community Development wvAvcityoforooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 5633330 1 TTY: 711 Fax; (763) 569-3360 0 CENTER Community Development -T C 7006 Morgan Ave N Brooklyn Center, MN 55438 Sign ad Verify I verily that all information provided is true and accurate, I understand that ifI do not comply with (he approved Plan, comply with all items within the license period, or operate beyond the license expiration date enforcement actions such as citations, formal complaints, or license re/ow may result, H any Omar Owner or Agent Nane and Tide (eao Ptii h anyOu0bly Mped by bt2O15Ct2? 23O7O3 4 Owner orA gent Signature 1/27/2018 bate Addit(ona! Owner or Agett Name and Tide (if Appdratda. Pleaaa Pant) Adddiona! Owner or Agent Signakm (11Appcabie) City StfI Only Poco Dcpailnmnt I V " f/il Date Oato Die Page 6/6 Portia! License Plan, Rev, I- 1. 18 City of Brooklyn Center—Community Development vww.ci1yothrooktyncenter,org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 City Council Agenda Item No. lOa #8 COUNCIL ITEM MEMORANDUM DATE: May 14,2018 TO: Curt Boganey, City Ir THROUGH: Meg Beekman, Community Development Director \JJJI3' FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 1510 691h 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 1510 69th 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a 1 building, 4 unit multifamily property. The previous license was a Type IV Rental License issued on November 13, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on thirteen (13) (3.3/unit) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License 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 Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, sqf, inclusive coniuwnity that enhances the quality of lift for all people and preserves the public trust [iIOiSk[iH Ru M4 Uk'A.I MA (I) 1I 1SJh!A I Current rental license approval activities for license that expires 10/31/2018: 01-12-2018 The owner, Marsha Ann Darnell, applied for renewal of the rental dwelling license for 1510 69th Ave N, a 1 building, 4-unit multifamily property. 01-26-2018 An initial rental license inspection was conducted and failed. Thirteen (3.3/unit) property code violations were cited, see attached rental criteria. 03-23-2018 A second rental inspection was conducted and failed. A $100 reinspection fee was charged. 04-04-2018 The $100 reinspection fee was paid. 04-06-2018 A third rental inspection was conducted and passed. 04-24-2018 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. 04-24-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 04-30-2018 The previous Type IV Rental License expired. 05-02-2018 A Mitigation Plan was submitted. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018 Prior TvDe IV Rental License antroval activities for license that exoired on 04/30/2018: 07-18-2017 The Owner, Marsha Ann Darnell, applied for renewal of the rental dwelling license for 1510 69th Ave N, a 1 building, 4-unit multifamily property. 08-15-2017 An initial rental license inspection was conducted and failed. 15 property code violations (3.75/unit) were cited, see attached rental criteria. 09-15-2017 A second rental inspection was conducted and passed. 10-04-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 10-04-2017 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. 10-11-2017 A Mitigation Plan was submitted. 10-18-2017 The Mitigation Plan was finalized. 10-31-2017 The previous rental license expired. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. If approved, after six' months, a new rental license is required. The license process will begin in approximately three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: 1Iission: Ensuring an attractive, clean, safe, inclusive cominunhly that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1. Determining License Categories. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of 11ft' for all people and preserves the public trust JI$J[iJ I R N N IA U I (I1tIlihSAi 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 fof 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv' Type 1— 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Mission: Ensuring an attractive, clean, safi', inclusive community that enhances f/ic quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Type III - 1 Year Type IV —6 Months Greater than 0.75 but not more than 1.5 Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Greater than 8 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 Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 1510 69th Ave N A!!ssioii: Ensuring an allracth'e, clean, saft, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 1510 69 " AVENUE NORTH WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 1510 691h Avenue N, was issued a Type IV Rental License on November 13, 2017; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (13) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to 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 complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 1510 69th Avenue N, Brooklyn Center, MN. May 14, 2018 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. c0 *Community Development Rental License Plan Handwritten Plans will not be accepted. This form can be found on the website at wm,cftyofbrooklyncenter.orgfrentalpIafl or call (763) 569-3330 for an electronic version to be sent via email. Action Plan—rype iii i Year) J Mitigation Plan—Type IV (6 Months) Property Address:1510 69th Ave.N. Brooklyn Center, MN 55430 Marsha Darnell Local Agent: Oves Address:15106' 9th Ave. N. Apt. I Agent Address: Brookln Center MN 55430 Owner's Phone: Agent's Phone: Owne?s Email:tmdame115y299mH Agent's Email: Current Expiration Date: [0413112018 j Pending Expiration Date: I________________ Based on the total number of property code violaions found during the initial rental license inspection and/or validated police nuisance incidents, the above referenced property is required to submit an Action (Type Ill) or Mitigation Plan (Type IV. In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, II, and Ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If a Plan is not submitted and/or all items are not completed vthin the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Read tMisi, be sure to f jnstonsothesoo witl not be page 1/6 Rental License P1w,. Rev. i4i8 City of Brooklyn Center—Community Development wwW.cityothrOOklyilceflteLOrg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 56-330 1 IIY; 711 Pax: (763) 569-3360 Sections A—Crime Free Housing Program ??equfrernents Phase I Read and check each box. 1)A written lease agreement is required. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan YJ 2)Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any add endurns. 3)Conduct criminal background check(s) for all new prospective tenants. If it is a current tenant a new background check is not required. Upon the Citys request, documentation showing a background check was completed must be provided. 4)Attend an approved eight-hour Crime Free Housing training course Informabon for approved courses can be found at www.mncpa.net . If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan, Crime Free Housing training is completed Lj Crime Free Housing training is scheduled for * Date [I]Owner or agent plans to attend training at:.. Name of City E?J s Submit Monthly Report by the 10 day of each month, Only required for Type IV— Mitigation Plans. Phase II Read and check each box. yj 1) Complete a Security Assessment and implement improvements required by the Brooklyn Center Pole Department. To schedule a Security Assessment, call (763) 569-3344. fl 2) A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up inspection call (763) 569-334 ] Security Assessment is completedESecurity Assessment is scheduled for Page 2/6 Rental License Plan, Rev. 1-i 18 City of Brooklyn Center—Community Development wv.cityothrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 I Phone: (763) 563-33301 TTY: 711 Fax: (763) 569-3360 Sections A—Crime Free Housing Pro gram Requirements (continued) Phase ill ARM Meeting Requirement UL 1) Owner or agent most attend at minimum two (2) ARM. meetings. The ARM. meetings must be completed within the rental license period and before the License expiration date, /J 2) Registration is not required to attend, however you most signin during the meeting, ARM. Meeting are held in January, March May, July, September, and November on the 2nd Thursday of the month Meetings /tart at lOam and end at 1 lain. 10"v 3) Write two months the ovaier or agent plans to attend 5/10/2018 7/12/2018 t it I Owner or agent will attend ARM. meetings scheduled for.: UFA 1) Conduct resident training annually to include crime prevention techniques. N 2) Conduct regular resident meetings. Page M Ro,1ai License Plat), Rev 1-1-18 City of Brooklyn Center—Community Development w.ciiyofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 5M30-2199 (Phone: (/63) 563-3330 1 TTY: 711 Fax: (763) 569-3360 Sections B—Loig Term capital Improvement Plan All components of a house will need to be replaced when it is beyond repair or its useful life. Based on condition, age, and use, an estimated replacement date will need to be provided for each listed item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Replacement Date, Plans will not be approved if writing "unsure" "don't know' or leaving it blank. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture reCommendations. tern Last Replaced Condition* Estimated Replacement Date xampie Water Heater May 2010 F May 2020 Item Last Replaced Condition EstImated Replacement bate Furnace 2002 G 2030 Water Heater 2017 N 2027 Kitchen Appliances 2016 2028 Laundry Appliances 1999 G -2020 Smoke Alarms! Carbon tAoaoxideAlamis 2017 N 2027 Exterior Items Paint/Siding 19 79 -G 2050 Windows 201$G 2025 Roof 1979 F 2019 Garage NA NA - Driveway - Fence 2014 2025 - Sidewalks 1979 G 2030 Shed NA NA 'Condition Abbreviations thwN Good--G Fair--F Needs Replacmen(R Page 416 Rental License Plan, Rev. 11-18 City of Brokyn centet—CQmmunity Development www.cityothrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199] Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 Sections C—Steps to improve Management and Conditions of Property The items in this section have been proven to assist with property management, property image, and rental license category improvement. The following actions are required: l i 1) Checc-in with tenants every 30-days. j7 2) Drive by property to chock for possible code violations. 3) Evict tenants in violation of the lease or any addendums. [] 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. 5) Have no repeat code violations previously documented with the past year, & Conduct a pro-inspection of the property prior to the rental license inspection. EJ 7) Other: The following actions are optional unless required by the City, (ZI 1) P(ovide lawn/snow service, 2) Provide garbage seMce. fl 3) Install security system. 11] 4) Provide maintenance service plan for appliances. Name of service companyElil 5) Other:.. The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Page 516 Rental License Ptan, Rev, 14-18 City of B ro okly n, CnWr—Cornmunity Dvølopmnt VNAVcityOfbrOOklyflCenterOf9 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-21991 Phone: (763) 563-33301 TTY, 711 Fax: (763) 569-3360 irl • Community DveIopmnj I PRO S ,j grj ond Verity I verify that all iriIo,tnaflon provded is true and (1Cctiratc, I undestad thaI If I do not COTpIy wth the apprnved Plan,cornpY 1W all Items Ai the fense pottcd Of cpornte beyund the txme ox 11 j raj,on date, cnforcement achons such ascRaUc. ns, format complaints, Cr kcnse roviaw may result, Marsha Darnell Osnec otAfl Mhmq iM htxj(Hi Pi) 05/01/2018 OMori iet' Sgi '4Lktw1 Ocoe c, 4 (llAp Fa:i P,:o AULko nat O,4(O( 'twe (tpcTh) Imm Cfly Staff Only ko :zJflThL/' wny( ktua P8io (15 City Of jrjthJyti CntCr—Comrnunfty Ove1pmnt 6301 $jfl1O CroOk Parkiay, i3rcoklyn Center, MN 5513O21 Phone: 763) 563.3330 ROWOL%no Pfn, Rev, 1 l, WtvcilyofbrookIyncenteror TF( 711 Fax: (763) 5693360 City Council Agenda Item No. lOa #9 :Esni(iJ I NH M U'A I k'4 0) t1'II I11,Ji DATE: May 14, 2018 TO: Curt Boganey, Cityer THROUGH: Meg Beekman, Community Development Director tk7 FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 3141 49th 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 3141 49th 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) 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 March 12, 2018, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type I Rental License based on 1 property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and failed to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring uji attractive, clean, sqft, inclusive conmiuizity that enhances the quality of lift for all people and preserves the public (just S[IiIJYiJ I flhi*'A Uh'A I kTA (I)t1I P1IJh'A I Current rental license approval activities for license expires on 10/31/2018: 02-14-2018 The owner, Manoj Moorj ani, applied for renewal of the rental dwelling license for 3141 49th Ave N, a single family dwelling. 03-12-2018 An initial rental license inspection was conducted. One property code violations were cited, see attached rental criteria. The violation was corrected onsite. 03-27-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-27-2018 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. 03-31-2018 The previous rental license expired. 04-06-2018 A Mitigation Plan was submitted. 04-06-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. Prior rental license approval activities for license expires on 03/31/2018: 08-14-2017 The Owner, Manoj Moorj ani, applied for renewal of the rental dwelling license for 3141 49th Ave N, a single family dwelling. 08-31-2017 An initial rental license inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 10-31-2017 The previous rental license expired. 11-06-2017 A second rental inspection was conducted and passed. 11-22-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 11-22-2017 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. 12-13-2017 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. 02-07-2018 An email notice was sent to the owner to submit a mitigation plan. 02-12-2018 A Mitigation Plan was submitted. 02-23-2018 The Mitigation Plan was finalized. 03-05-2018 A $300 Administrative Citation was issued for operating without a rental license. 03-05-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 12, 2018. 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 f!sio,i: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan 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 dày after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 !l<tfs5ioll: Ensuring an attractive, clean, sqfè, inclusive coniiniuiity lii at en/sauces (lie quality of lift for all people and preserves the public trust iOiSJYSJ Iflil MUk'A I Mk'A 0] 11NP1IM I 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. Property Code and Nuisance Violations Criteria License Category I Number of Units Property Code Violations per Mission: Ensuring an attractive, clean, safi inclusive community that enhances the quality ojljfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM (Based on Property Code Only) Inspected Unit Type I - 3 Year 1-2 units 0-1 3± units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.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 Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units . Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 I Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, sq Ii', inclusive COrnJnUIZ1/.V that enhances the quality of life for allpeopk' am/preserves the public trust S1S1IJSJ i. I I M'JI'A I M'J[S] )iBIhA I Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 3141 49th Ave N ]iuiss!on: Ensniing an attractive, clean, safr. inclusive community that enhances the quality of lf for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3141 49 " AVENUE NORTH WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3141 491h Avenue N, was issued a Type IV Rental License on March 12, 2018; 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 3141 49th Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 3141 491h Avenue N, Brooklyn Center, MN. May 14, 2018 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 ltk Community Development Rental License Plan nt-, ,:t4 ,.4 •,si1 UIH 4Ri . This form can be found on the wobsite at www.cityothrookIyncenterogJrontaplan or call (763) 5693330 for an olectroffic version to be sent via email. [] Action Plan—Type III (1 Year) Mitigation Plan—Typo IV (6 Months) [06 _en DCO —1 2114 70th Ave N Brooklyn Center Mn 55430 nnis urbinhornesnetjI Current Expiration Date: ____J Pending Expiration Date: L 8riscd on the total number of property code violations found during the initial rental license inspection andlor validated p01cc nuisance incidents, the above referenced property is required to submit an Action (Type III) or Mitigation Plan (Type IV), In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval The Plan includes Phase I, II, and lii or the Crime Free Housing Program. It also includes measures thai must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the properly. If a Pan is not submihed anWor all items are not completed wikhhi the ircensC pocod, or thu above properly operale beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Rd caroy lbs VT ,,Lo fo[ow I ns tructi on s otherwi your plan will not be approi PE10 1/6 Rental License Plan, Rev, 1148 Address: [49th Ave N Brooklyn Center] MN 55430 Mojo Holding 4 lIc ' I Owners Addres Agent Mdess: 55347 finer none: 1612 280 8666 Agents Phone Owner's Email:manoj@urban-h e& et Agent's Email -mail: City of Crooldyn Cenler—Cornmuntty OMopmont wvvcflyofbrooklyncentarorg 13301 Shirle Creek Parkway, Brcoklyn Center, MN &43O21 Phone: (?S) 56333O TTY: 711 Fax: (763) 569-3360 0 t 4. CN'FR Community Development 3141 49th Ave N Brooklyn Conler MN 55430 Sections A—Crime Free Housing Program Requirements Phase I Read and check each box, 1) A written lease agresmant is reufrcd. iha Icase arccmcnt thaU include the CrmC Free Icusing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. j 2) Agee to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addeedums, f,' 1' V V. V ft I' ft L4mUU1L tId Udc9UU1U k) d 1cW UIIV dU. UiWR WHdfl background check is not required. Upon the Cliys request, documentation showing a background check was completed most be provided, 4) Attend an approved eight-hour Crime Free Housing training course, Information for approved courses can be found at www.nmcpa.net If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. El Crime Free Housing training is completed El Crime Free Housing training is scheduled for 1111 Owner or agent plans to attend training at Nre of City El 5) Submit Monthly Report by the Ion day of each month. Only required for Type IV— MItiaUon Phase 11 Read and check each box.nx 1) Complete a Security Assessment and implement improvements requ'ed by the Brooklyn Center Police Department. To schedule a Security Assessment cafl (763) 569-3344. El 2) A uiIowup ernunt must uuuipieud bufuru thu iiwu VXP406011 dale ki veiIy the secuthy improvements have been implemented. To schedule a follow up Inspection call (763) 559-3344. Security Assessment is completed fl Security Assessment is scheduled for , - Pacjc 2i$ Rontol License Plan, Rev, 1-1-18 City of Crocklyn Cent—Community 0vctopment www,c1tyo(brooktyncenter.org 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 1 Phone: (753) 563-3330 1 TTY: 711 Fax: (763) 569-3380 o I" "ENTER Community Development 3141 49th Ave N Brooklyn Center MN 55430 Sections A—Crkne Free Housing Program Requirements (continued Phase III ARM Meeting Requirement El 1) Owner or agent must attend at minimum two (2) ARM, meetings. The AR.M. meetings must be 4 4 4 I *ulIetu wt ifl,tti iv Iuu 2) Registration is not required to attend, however you must signin during the meeting, AR,M. Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month. Meetings start at lOam and end at 11am. 1T1 ) Write two months the owner or anent clans lo attend. Owner or agent w attend ARM. meo.gstin scodu!ed fo, 5/10/18 7/12/17 The following actions are required for Multi-Family properties with four (4) or more units. 1) Conduct re&dent training annually to include crime prevention techniques, rr tr page 3/5 Re,ta/ L/oo,ia Plan, I?v, 1 1' 18 City of Brooklyn Center—Cornmu&ty Development www.cyoRrook1yncenterorg (O1 Shge Crook Parkway, B;ooiyn Center, MN 55431112199 1 tThon: (763) 5G3-333O I 'i1Y 711 'ax: (73) 5O336O Community DevelopmentC'NTR 3141 49th Ave N Brooklyn Center MN 55430 Sections B—Long Tonn Capital Improvement Plan l\tl components of a house wli need to be replaced when it is beyond repair or its useM life. Bas€xt on conditton, ago, and use, an estimated replacement date vll need to be provided for each listed item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled, All items must have a date under the Estimated Replacement Dale. Plans will not be approved if writing 'unsure", "don't know", or leaving it blank. if yoiJ are unsure of when an item NO need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Item Last Replaced ConditIO41 4 Estimated Replacement Date Example: Water Heater May 2010 F May 2020 Item Last Replaced Condition Estimated Replacement Date 2010 G 01/2022Furnace91G01/2022Water Heater 11/2016 G 01/2025Kitchen Appances 06/2016 G 06/2018Laundry Appliances Smoke Alarms,'11-2017 G 8/2018Carbon Monoxide Alarms Exterior Itemo PaintJSidng 06/2017 6/2020 07/2017 S 07/2030Wtndows 05/2015 0 07/2025Roof 07/2025GarageG2030Driveway Fence NA NA NA Na NA NaSowas F 2020Shed _____ 'Condition Abbreviations:Good--G FairF Needs RpiacementR Page 4/0 Rental License Plan, Rev. I- 1 - City of Brooklyn Center—Community Oovelopm ont w'A'!.cityofbrooklyncenter.org 6301 Shingle Cccek Parkway, B rooklyn Center, MN 55430 -2 1991 Phone: (763) 563-MOI TTY , 711 Fax: (763) 563360 0c Vot uommuHty utvelopmeflt 3141 49th Ave N Brooklyn Center MN 55430 £uctioiis C—S teps to inipwve Mdnaeslwffl anj Culldhiorls vi The items in this section have been proven to assist with property management, property image and rental license category improvement. The following actions are cequired: IVLai 1) Chec<in wth tenants every 3Odays. J2)Drive by property to check for possible code violations J3)Evict tenants in violation of the lease or any addendums. Iii 4) Remain current on all utility lees, taxes, assessments, fines, penalties, and other financial (lafmsfpayments due to the City. 5)Have no repeat code viotabens previously documented with the past year. 6)Conduct a preinspection of the property prior to the rental license inspection, TI 7' Other: The following actions are optional unless required by the City. 1)Provide lawnlsnow selvice.E 2)Provide nnrbme []3)install security system. 4)Provide maintenance service plan for appliances. Name of service company: service plus TIL.J J _ The licensee must comply with the approved Plan and all applicable City Cedes A copy of the approved plan Will be sent with a reminder notice to comply with the rental license rcquii'ements. Page 518 RfloIL!cecrsePian. Rev. 1'.118 City of Brooklyn Centor—Ccairnunhy Oovelopmert wwt,dtyothrooklynCefltOr.Org 6301 Shr1e C'ek Parkway, BrooJyn Center, htN -21 Pnene: (763) 563-3330 I TI?: 711 Fax: (763) 5693360 Ccmiuifty DOV&OPnent 314 1 19111 i\vo N i t1N S nd VrWy H / -j l' h C wmla y ' &l bms within the Imemse J!kJ )t CPUNII twi Uk (tii d"Va ,iWC ck)n suchd(; Ii r:)fl. flOrfaO Cqn, on Runsa Ityaw Iray r t::;nnis iVlejia "' ja,^- 1gf Or& Gs,T rA i;'S(i!/ O'/y ( )2 I I Its,z City of Prook l YA C e n h P -Gonsna M ly Deva sp nwo l Cr(k cit, MJ 1O2 Rchod Molma fluk 1'. 1 Ai r, (7(3 5&13O ITY: 711 vax: (?GJ 33GO T : City Council Agenda Item No. lOa COUNCIL ITEM MEMORANDUM DATE: May 14,2018 TO: Curt Boganey, Cityger THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 5420 Emerson 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 5420 Emerson 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) 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 August 14, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on ten (10) 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 and failed to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. Pvliss!on: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life foi' all people and preserves the public trust iI[I1SJ(SJ I fliN*'AI I M' 0) 1II1II'A I The following is a brief history of the license process actions. Current rental license approval activities for license that expires 05/31/2018: 08-14-2017 The owner, Christopher Raisch, applied for renewal of the rental dwelling license for 5420 Emerson Ave N, a single family dwelling. 10-20-2017 An initial rental license inspection was conducted. Ten property code violations were cited, see attached rental criteria. 11-03-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-30-2017 The previous Type IV Rental License expired. 12-05-2017 A third rental inspection was conducted and failed. Tenant denied access. A $100 reinspection fee was charged to the property. The owner called to reschedule the inspection to 12-15-2017. 12-15-2017 The owner called to reschedule the inspection due to unforeseen incident with the tenant to 1-3-2018. No reinspection fee was charged. 01-03-2018 The owner called to reschedule the inspection due to the tenant skipping out on the property. 01-19-2018 A fourth rental license inspection was conducted and failed, however, $100 reinspection fee is still owed. Total amount owed is $300.00. 01-19-2018 A $300 Administrative Citation was issued for operating without a license. 02-02-2018 A fifth rental license inspection was conducted and failed, however, $100 reinspection fee is still owed. Total amount owed is $400.00. 02-15-2018 $400 reinspection fee was paid. 02-28-2018 A sixth rental license inspection was conducted and failed. No reinspection fee will be charged since the property is vacant and owner elected to conduct a full reinspection of the property. 03-14-2018 A seventh rental inspection was conducted and passed 03-19-2018 A $600 Administrative Citation was issued for operating without a license. 03-27-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-27-2018 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. 04-12-2018 A Mitigation Plan was submitted. 04-23-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will beheld May 14, 2018. Prior rental license annroval activities for license that exnires 11/30/2017: 03-22-2017 The owner, Christopher Raisch, applied for renewal of the rental dwelling license for 5420 Emerson Ave N, a single family dwelling. 04-12-2017 An initial rental license inspection was conducted and failed. Three property code violations were cited, see attached rental criteria. 05-16-2017 A second inspection was conducted and passed, however, some corrections were deferred due to weather. IfrJission: Ensuring an attractive, clean, safe, inclusive comnzuni(v that en/sauces the quality of life for all people and preserves the public (rust [ESIPhYSI I fl* I aIh'IUhA I a 0) 1I aii 05-31-2017 The previous Type IV Rental License expired. 06-07-2017 A third inspection was conducted and failed, weather corrections were not made. A $100 reinspection fee was charged to the property. 06-23-2017 A fourth inspection was conducted and passed, however, fees remain unpaid 07-05-2017 A $100 reinspection fee was paid. 07-07-2017 City records indicate zero (0) validated police nuisance incidents occurred in the past twelve months. 07-07-2017 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. 07-13-2017 A Mitigation Plan was submitted. 07-31-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. Prior rental license approval activities for license that expires 05/31/2017: 09-06-2016 The owner, Christopher Raisch, applied for renewal of the rental dwelling license for 5420 Emerson Ave N, a single family dwelling. 10-03-2016 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 11-03-2016 A second inspection was conducted and passed. 11-14-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-14-2016 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. 11-29-2016 A Mitigation Plan was submitted. 11-30-2016 The previous Type IV Rental License expired. 12-15-2016 The Mitigation Plan was finalized. 01-02-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 09, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 411s5ion: Ensuring an attractive, clean, soft, inclusive COnIJnUnIiV that enhances the quality of life for all people rind preserves the public (ins! [ES1SkYSI IN VU *T4LTAI k'4 (I) 1iflSA' I 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 orthe Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1. Determining License Categories. Mission: Ensuring an attractive, clean, safe, inclusive con,n,unitv that enhances the quality q/lfe fn all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. FF Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Property Code Violations per Inspected Unit lIlission: Ensuring an aifructive, clean, saft', inclusive community that enhances the quality of life for all people and preserves the public trust [[I1IJ[iJ I fl I N WA Uh'A I IL"4 (I) t1IUJJk1 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 Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring on attractive, clean, saf, inclusive conununity that enhances the quality of ljft for all people and preserves the public trust EI]JJ[iJI flU I"4 UhIIDIhYA (I) P1IJ I Strategic Priorities: e Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5420 Emerson Ave N A'Iission: Ensuring an attractive, clean, saf, inclusive community that en/i aitces the quality o/liJc for all people and preserves the public frust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5420 Emerson Ave N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5420 Emerson Ave N, was issued a Type IV Rental License on August 14, 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 5420 Emerson Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5420 Emerson Ave N, Brooklyn Center, MN. May 14, 2018 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. Community Development IT TI Rental License Plan Handwritten Plans will not be accepted. This farm can be found on the website at vwwcityofbrooklyncenter.org/ren1alplan or call (763) 569-3330 for an electronic version to be sent via email. LI Action Plan—Type III (1 Year) X Mitigation Plan—Type IV (6 Months) 5420 Emerson Ave NProperty Address: O,ner s Name(s) RaiSch Local Agent CI)risto pher Rmsch 3209 Roosevelt St NE 3209 Roosevelt Si NEOwners Address; St. Anthony, MN 55418 Agent Address. St. Anthony, MN 55 ,118 Owner's Phone Agents Phone 3434 Ii Owners Email: [Graisrh@ya h oo.com Agents Email;[c^r:aisch@yahaocam Current Expiration Date Pending Expirat i on Date Based on the total number of property code viola ti ons found during the initial rental license inspection and/or validated police nuisance incidents, the above referenced property is required to submit an Action (Type ill) or Mitigation Plan (T y pe IV) In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, II, and ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property , If a Plan is not submitted and/or all items are not completed within the license period, or the above properly operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may resuIt Bead carefully, and be sure to foll ow , instrqctiq q jaypur plan will not be,appiq Page 1/6 Rontol License Plan, Roy. 1-8 City of Brooklyn Center—Community Development www.cityaibrooklyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 554302199 1 Phone; (763) 563-3330 1 TTY: 711 Fax; (783) 5693360 0 CENTER Community Development Al IHE. cTtr 5420 Emerson Ave N Sections A—Crime Free Housing Pro grain Requirements Phase I Read and check each box. 1) A written lease agreement is required. The tease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. EI1 2) Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendums. 3)Conduct criminal background chock(s) For all now prospective tenants. If it is a current tenant a new background check is not required. Upon the City's request, documentation showing a background check was completed must be provided. 4)Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.mncpa.net . If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is completed Crime Free Housing training is scheduled for Dare I Owner or agent plans to attend training at: Name Df CIy 5) Submit Monthly Report by the 10W day of each month, Only required for Type IV— Mitigation Plans. Phase Il - Read and check each box. 1) Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763) 569-3344. jj 2) A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up inspection call (763) 5693344. Security Assessment is completed Security Assessment is scheduled for Page 216 Renta! Hconse Pin, Rev. 1-1-18 City of Brooklyn Center—Comrnunity Development wiiw,ciiyofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 0 K CENR Al 1fit Community Development 5420 Emerson Ave N Sections A—Crime Free Housing Program Requirements con!inued Phase ill AR.M Meeting Requirement Dx 1) Owner or agent must attend at minimum two (2) kRM, meetings. The A.R.M. meetings must be completed within the rental license period and before the License expiration date. j 2) Registration is not required to attend, however you must signn during the meeting. ARM. Meeting are held in January March, May, July, September, and November on the 2nd Thursday of the month. Meetings start at lOam and end at 11am. 11 3) Write two months the owner or agent plans to allend May 10 July 12Owner or agent will attend ARM, meetings scheduled for: The following actions are required for Multi-Family properties with four (4) or more units. U 1) Conduct resident training annually to include crime prevention techniques FO-1 2) Conduct regular resident meetings. Paye ,116 Rode! Licenso Plan, Rev, 1-118 City of Brooklyn Center—Communfty Development wvi,cityofbrookIynceruerorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 5430-2199 1 Phone: (763) 5633330 1 TTY: 711 Fax: (763) 56933$0 o ox ' $ $CENTER AT I H U C 1 131 R Community Development 5420 Emerson Ave N Sections B—Long Term Capital Improvement Plan All components ala house will need to he replaced when U is beyond repair or its useful life. Based on condition, age, and use, an estimated replacement date will need to be provided for each listed item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Hep!acomenl Date. Plans will not be approved if writing"unsure", "don't know" or leaving it blank, if you are UOSUIC of when an Item will need to he replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. tern Last Replaced Condition Estimated Replacement Date Example: Water Healer May 2010 F May 2020 Last Replaced Condition Estimated Replacement Date G August 2025 G August 2020 June 2008 G June 2023 June 2008 G June 2023 Sept2016 N June 2026 original F June 2018 G Sept 2028 G Sept 2028 original F June 2030 G June 2030 G June 2030 G June 2030 n/a Item Furnace Water Heater Kitchen Appliances Laundry Appliances Smoke Alarms/ Carbon Monoxide Alarms Exterior Items Paini'Siding Windows Roof Garage Driveway Fence Sidewalks Shed *Condition Abbreviations: NowW GooctG FiirF Needs Reptacernan1R Page 416 Renin/License Plan, Rev, 114 Oily of Brooklyn Center—Community Development wwwcityofbrooklyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 5$93360 CE NR Community Development AT THTi 5420 Emerson Ave N Sections C—Steps to Improve Management and Conditions of Properly The items in this section have been proven to assist with property management, property image, and rental license category improvement. The following actions are required: 1)Cheek-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 addendums. 4)Remain current on all utility fees, taxes, assessments, fines, Penalties, and other financial clairns!payments due to the City. 5)Have no repeal code violations previously documented with the past year. 6)Conduct a pro-inspection of the properly prior to the rental license inspection, 7) The following actions are optional unless required by the City. [J i> Provide lawn/snow service, 2)Provide garbage service. 3)Install security system. 4) Provide maintenance service plan for appliances. Name of service company:,El 5) Other: The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. P.gc 56 Rental License Plan, Rev, 1118 City of Brooklyn Center—Community Development w\w/cityofhrooklynceater.or9 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 0 ICENER AT 'flit Community Development 5420 Emerson Ave N Sign and Verify verily that all information provided is true and accurate. I undersand that if I do not comply with the approved Plan, comply with all items within the license period, or operate beyond the license oxpiraon date, enforcement actions such as citations, formal complaints, or license review may result, Christopher Raisch Owrcr at Nanic and T1! (P'casc PiTh!) 27 Cw:.r Dt /jen! Sigt!we ba I AdaTh,iI Ocr 0rAe,1 i'thn d TTh (1! Appcbc. i2 esc Pct) /(iilfQ7)J Ownw oi Agent S9na!urc (I(Apprcah!n) OaTh City Stall 01.1!;' porjc OepaI1i?en! 0 te f ,1V Comtnunffy 0c'ctopmcntI ç' Do Pigo 13/6 koiijal Licfunse Plan, Rev. I- I - 18 Oily of Brooklyn CnThrCornmunfly Development wwwcityo1brooklyncenter,org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-21991 Phone: (763) 563-33301 TTY: 711 Fax: (763) 5693360 City Council Agenda Item No. lOa #11 COUNCIL ITEM MEMORANDUM DATE: May 14, 2018 TO: i Curt Boganey, Cit iger THROUGH: Meg Beekman, Community Development Director Vt3 FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 6243 France 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 6243 France 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) 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 13, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on 8 property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV, City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, saft', inclusive conlinanhty that enhances the quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities for license expires on 09/30/2018: 12-13-2017 The owner, RHA 3, LLC, applied for renewal of the rental dwelling license for 6243 France Ave N, a single family dwelling. 01-12-2018 An initial rental license inspection was conducted. 8 property code violations were cited, see attached rental criteria. 02-12-2018 A second inspection was conducted and failed. $100 reinspection fee was charged. 02-27-2018 A third inspection was conducted and passed, however, the reinspection fee was not paid. 03-02-2018 The $100 reinspection fee was paid. 03-27-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-27-2018 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. 03-31-2018 The previous rental license expired. 04-04-2018 A Mitigation Plan was submitted. 04-23-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. Previous rental license aonroval activities for license expires on 03/31/2018: 06-12-2017 The Owner, RHA 3, LLC, applied for renewal of the rental dwelling license for 6243 France Ave N, a single family dwelling. 07-06-2017 An initial rental license inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 08-09-2017 A second rental inspection was conducted and passed. 08-24-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 08-24-2017 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. 08-30-2017 A Mitigation Plan was submitted. 09-07-2017 The Mitigation Plan was finalized. 09-30-2017 The previous rental license expired. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 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. Mission: Ensuring an attractive, clean sqfè, inclusive conununity that enhances the quality of hJe for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1. Determining License Categories. ?vlisswn: Ensuring an aitiactive, clean, saft, inclusive community that enhances the quality of lift for all people and preserves the public trust ESiSJ(i1 I U II alh'iUh'A I IYA 0] 1WI P1IJkI 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Ensuring an attractive, clean, safe, inclusive conlawnily that enhances the quality off/fe for al(peopk' and preserves the public trust EI]JJhI UI I3ILIUh'AI 31'A 0) F1II 1IJh'kl Type I - 3 Year 1-2 units 0-1 1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: !frIissiOfl: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lije for all people and preserves the public (must IIIiSI[I tVMk' Uh'AI*'A tO) LII WJh!Ai Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6243 France Ave N tJission: Ensuring an attractive, clean, soft, inclusive conunuuntv that enhances the quality oJ'luJè for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6243 FRANCE AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6243 France Avenue N, was issued a Type IV Rental License on November 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 6243 France Avenue N, Brooklyn Center failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6243 France Avenue N, Brooklyn Center, MN. May 14, 2018 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. WAJ.11] r1uiu1llhJRIiLu.T1Mim1n1 Iiflh1iiiii2fl Handwritten Plans will not be accepted. This form can be found on the wobsite at w,wcityolbrook1ynconterOrgIrental-plan or call (163) 5693330 for an electronic version to be sent via email. Owne(s Pt3. One(s Em (rr vr*,I Based on the total number of property code Violations found during the Initial rental license inspection and/or validated police nuisance Incidents, the above referenced property is required to submit an Action (Typo III) or Mitigation Plan çrype 1V. In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval, The Plan includes Phase 1, 11, and III of the Crime Free Housing Program. it also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the ovaier and the City to review concerns and identify possible solutions to improve overall condions of the propOriy. If a Plan is not submitted endlor all items are not completed within the license period, or the above properly operates beyond the license expiration date enforcement actions such as an administrative citation, formal complaint, or license review may result Rareijl1afldbUL9iPfO 1 tOW Page 116 Rental LIcone Plan, Rev, 1118 City of arocklyn Cwitr—Community Developrnnt \wAv,ci1yofbrookIyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2190, 1 Phone: (763) 5633330 1 TTY: 711 Fax (763) 569-3360 6243 France Ave iMTh1IiIYI1[o1IIIiT1i1l Sections A—Crima Proo HouInçj Program Requirements Phase I Road and check each box k1 1) A written lease agreement s roqured. The lease aeement shall Include the Crime Free Housing Lease ddenhim. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. 2) Agree to pursue the termtnaton of lease agrecme'it or oviclon of tenants Aho vthtc the terms of the lease or any addendums. jj3)Conduct criminal background check(s) for all now prosctvc tenants. If it is a current tenant a new background check Is not required. Upon the City's request, documentation showing a background check was completed must be provided. jj4)Attend an approved ght-hour Crime Free Housing training course. Information for approved courses can be found atwi.mncpa.neL if you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. 1B Crime Free Housing training Is completed El C(imo Free housing training is scheduled for Oae LI Omer or agent plans to attend training at ________________ Name of City ) Submit Monthly Report by the 10' day of each month. Only required for Type IV- Mitigation Plans. Phase Ii Road and check each box. 1)complete a Security Assessment and Implement improvements required by the Brooklyn Center Police Department. To schedule a Security AssossnwnL call (763) 569-3344. 2)A fo1lowup assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up inspection call (763) 569434 nX Security Assessment is completed 0 Security Assessment is scheduled for Page 218 Rental LIcense Plan, Rev, 1-11 City of Brooklyn Center—Community Development vv.cityofbrooklyncenter.ot9 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 56343301 ITh': 711 Fax: (763)5694360 6243 France Av Community Development Sections A—Cr/mo rrOf Housing Program Requirements 11 cont!nuod Phase III A.R.M Meeting Requirement 1)Owner or agent most attend at mininlum two (2) A R M meetings. The A R M meetings must be completed within the rental license period and before the License expiration date, 2)Registration Is not required to attend, however you mJst sn n during the meeting ARM Meeting are heki in January, March, May, July, Septomber, and November on the 2nd Thursday of the month. Meetin9s start at lOam and end at 11am. 3) Write two months the owner or agent plans to attend. 05fl 07/12Owner or agent wHI attend ARM. meetings schedued for: The following actions are required for MuItIFamiIy properties with four (4) or more units. 1) Conduct resident training annually to include crime preventkm techniques. U 2) Conduct togular resident meetings. Page 216 RontoILicoro Plan, Rev. f148 City of Brooklyn Center—Community DovelOPMOnt vAw,cityoJbrOOklynCentar.org 6301 Shingle Creek Parkway Brooklyn Center, MN 554302199 j Phone: (763) 5633330 1 TTY: 711 Fax: (763) 569-3360 Estimated Replacement Date 08/25 06/22 06127 Sect ions 13 -U-Long Torn) Capital !rnprovornont Plan All components of a h-oise will need to be rcplaed when it is beyond repair or its useful life. Based on condition, age, and use, an estimated replacement date w,D need to be provided for each listed item. Items that are broken, damaged, worn, or itlo pera b lo iity r eq u i re wphllCCflTflt soor4r than scheduled. All items must have a date under the Estimated Replacement Dale, Plans will not be approved If writing "unsure", "don't know", or leaving it bIank U you are unsure of when an item wH need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Item Last Replaced Condition'Estimated Replacement Date Erap!e: Wafer Healer May 2010 F May 2020 - Item Furnace Water Heater Kitchen Appliances Laundry Appliances Smoke Alarms! Carbon Monoxide Alarms Exteriortlems PainVS!dineg Windows Root Garage Driveway Fence Sidewalks Shed 07/17 0 G C C C C C C 07/18 07/20 - - 07/25 'Condition Abbreviations', No v- OoothC FalrF Needs Repiacement:R PAge 416 - Rc-nIal License Flea, Rev, I- 1- 18 City of Brooklyn Center—Community Deeioprnent vAvw,ctyofbroOklynCefltCrOrg 6301 Shif -rgto Creek Parkway 1 Brooklyn Canter, MN 55430-2199 1 Phone: (763) 5633330 1 TTY: 711 Fax: (163) 5693360 $. 1 _cEN1'IR community T T H cr I T 6243 Franco Ao I / Sections C—S1ops to improve Mernigemont and Conditlom of Propeily The items in this section have been proven to assist with property manaomonL properly Image, and rental license category improvoment The following actions are required: E1 1) Check-in with tenants every 30days 2)Drive by property to check for possible code violations, 3)Evict tenants in violation of the lease or any addendums f 4) Remain current on all uUliiy tees, taxes assessments, finos, penalUes, and Other financial ciaimsfpayments due to the City. fl 5) Have no repeat code ViOiBtlOflS previously documented with the past ycem. 6) Conduct a pre-Inspection of the property prior to the rental license inspection. 1) Other: Routine Maintenano The following actions are optional unless required by the City. U 1) Ptudde lawn/snow service U 2) Provide garbage soMce. 3) Install security systarm I 43 Provide fnantenance service plan for appliances. Name of service company: F07 5) Other: The licensee must comply with the approved Plan and till applicable City Codes. A copy of the approved plan will be sent With a reminder flOiCO to comply with the rental license requirements Page 5' lotei License Plan, Roy. I 148 City or Brooklyn Center—Community Dmiolopment vwcftyo!brooklyncenter.org 6301 Shingle Crook Par'way, Brcoktyn Center, MN 554302199 1 Phone: (763) 5633330 I TTY: 711 Fax: (763) 93360 0243 Frao Ave Community Development Sign and Verify verify that all information proved is true arJ accurate. I jr'Jws!.and that if I do not comply wdh the approved Plan, crpty with all item.sviithin the license period, or qora 4 e beyond the license expiration zdate, enforcement actions such as or dons, formal complaints, or t.cne tev&w may result. Scott Beck - Director of operations Owor etAIM Nmno end Tk Pioaso Puiifj YL11I Oete .Akc10, wx, e A'ent Name ed Tao (UApp.ktle. Peasa P/in!) Addi&at Orc c Agent netera (1lAppato) Dno City Staff Only Pblko D:c:I!!ltl Va : 1' ft 7 / ' Dak Pao 616 Rental License Plan, Nov. 1-1-18 City of Brooklyn Center—Community Development vAwICityofb(OOkync8nte(or9 6301 Shine Creek Parkway, Brooklyn Canter, MN 55430-2199 I Phone: (763) 563-3330 1 TI?: 711 Fax: (763) 569-3360 City Council Agenda Item No. lOa #12 COUNCIL ITEM MEMORANDUM DATE:May 14, 2018 TO:Curt Boganey, Ciger THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 6325 Kyle 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 6325 Kyle 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) 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 January 22, 2018, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on 5 property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-9143.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. !I'Jission: Ensiuiiig ais attractive, clean, safe, inclusive conhiflu ally that enhances the quality of lift for all people and preserves the public trust [SIlilitYlil fl I NMh'AUh'!A I Dk'A (I) UIflBJ I Current rental license approval activities for license expires on 08/31/2018: 12-13-2017 The owner, Cuong Pham, applied for renewal of the rental dwelling license for 6325 Kyle Ave N, a single family dwelling. 01-026-2018 An initial rental license inspection was conducted. Five property code violations were cited, see attached rental criteria. 02-28-2018 A second rental inspection was conducted and failed. All corrections were made however additional violations were found during the inspection. 02-28-2018 The previous rental license expired. 03-14-2018 A third rental inspection was conducted and passed. 03-27-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-27-2018 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. 04-04-2018 A Mitigation Plan was submitted. 05-04-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018 Prior rental license aroval activities for license expires on 02/28/2018: 06-27-2017 The Owner, Cuong Pham, applied for renewal of the rental dwelling license for 6325 Kyle Ave N, a single family dwelling. 07-17-2017 An initial rental license inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 08-17-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-31-2017 The previous rental license expired. 09-06-2017 A third inspection was not conducted and no access was given at the time of inspection. A $100 reinspection fee was charged to the property. 09-29-2017 A fourth inspection was conducted and corrections complete; however, the reinspection fees remain. A new item was found at the inspection. 10-02-2017 The $200 in reinspection fees was paid. 10-16-2017 A fifth inspection was conducted and passed. 10-18-2017 A $300 Administrative Citation was issued for operating without a license. 11-09-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 11-09-2017 A letter was sent to the owner(s) notifying of qualification for Type IV -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. 11-27-2017 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. 12-14-2017 A Mitigation Plan was submitted. ft'Jission: Ensuring an attractive, clean, saft, inclusive community that en/lances the quality lEft for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-12-2018 A letter was sent to the owner notifying that the hearing before the Council will be held January 22, 2018. 01-16-2018 The Mitigation Plan was finalized. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. iiiissioiz: Ensuring an attractive, clean, sqfe, inclusive consinunhty that enhances the quality of lift for all people and preserves the public (rust [[I1HS1 ii IMYA UYA I*' (I] 1I I1Bki 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 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 conununity that enhances the quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). [License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for all people and preserves the public trust iI1iiBJ[SJI UIIk'A Uh'A I DIk'A[S) 1I )1IJ I Budget Issues: There are no budget issues to consider. Strategic Priorities: • • Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6325 Kyle Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lf e for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6325 KYLE AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6325 Kyle Avenue N, was issued a Type IV Rental License on January 22, 2018; 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 6325 Kyle Avenue 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 6325 Kyle Avenue N, Brooklyn Center, MN. May 14, 2018 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 o t 4 Community Development Rental License Plan Handwritten Plans will not be accepted. This form can be found on the website at wwvcityoforooklyncentororgkentsIpIan or call (763) 5693330 for an electronic version to be sent via email. LI Action Plan—Type lfl (1 Year) 'Mitigation Plan—Type IV (6 Months) Property Address: 6325 Kyle Ave N Your Home Inc 888 County Rd 0 W#304 New Brighton MN 55112 Current Expiration Date: J Pending Expiration Date: 01a 1/2O_j Based on the total number of property code violations found during the initial rental lcense inspection and/or validated police nuisance incidents, the above referenced property is required to submit an Action (Type III) or Mitigation Plan (Type W). In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, II, and Ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan alows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If a Plan Is not submitted and/or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Read carefully and be sure follow Insr 1 othenyise,yoUr.pILqyAll not bojpptoved. Page 176 RcfaLkorso Plan, Rev. 1f18 Owner's Name(s):CuOng Pham Local Agent' cYwnes Address:3321 Twin Court Lake Agent Address:Little Canada, MN 55127 CnOrS Phone 723_01______________Agents Phone [612-730-9086 Owners Email: Agent's Email: Oily of Brooklyn Center—Community oevIoprnont vAwLcityolbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center MN 55430-2199 1 Phone: (763) 5633330 1 U?: 711 Fax: (763) 569-3360 o o J% 4 IEN 1 6325 Kyle Ave N Community Development Sections A—Crime Free Housing Program Requirements Phase I. Read and cheek each box. 1)A written tease agreement is requked. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. 2)Agree to pursue the termination of tease agreement or eviction of tenants viio violate the terms of the lease or any addendums. 3) Conduct criminal background check(s) for all new prospective tenants. If it Is a current tenant a new background check is not required. Upon the City's request, documentation showing a background check was completed must be provided. LJ be found at www.mncpa.ne (. If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is completed Crime Free Housing training is scheduled for Date Owner or agent plans to attend training at Name of City )j 6) Submit Monthly Report by the 10'..day of each month. Only required for Type IV— Mitigation Plans, Phase II Read and check each box. 1)Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763) 569-3344. 2)A follow-up assessment must be completed before the license expiration date to verify the security improvements have been Implemented. To schedule a follow up inspection call (763) 569-3344. EI1 Security Assessment is completed Security Assessment is scheduled for Page 216 Renta License Plan, Rev 1-1•.18 City of Brooklyn Cntr—Community Development vAW.CityOfbrOOk1yflCen1er.Org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2190 1 Phone: (763) 563-3330 1 TrY: 711 Fax: (763) 5694360 0 ICENTER 6325 Kyle Ave N Community Development Sections A—Crime Free Housing Program Requirements (conilnuod Phase III ARM Montng Requirement 1)Owner or agent must attend at minimum two (2) A,R,M, meetings The AR.M, meetings must be completed within the rental license period and before the License expiration date. 2)Registration is not required to attend, however you must sign-in during the mee6ng. &R,M. Meeting are held in January, March, May, July, September, and November on.the 2nd Thursday of the month, Meetings start at Warn and end at 11am,All UnX 3) Write him months the owner or egentplans to attcnd -JanuOwner or agent w ác,2018 March 2018it attend ARM. meetings scheduled for: The following actions are required for Multi-Family properties with four (4) or more units, II 1) Conduct resident training annually to include crime prevention techniques. I 2) Conduct regular resident meetings. Page 316 RenI& License Plan, Rev, - 1-18 City of Brooklyn Center—Community Development wwv.cityOtbrOOktyncenteLOtg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone; (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 0 K4 Community Development 6325 Kyle AveN Sections B—Lang Term Capital Improvement Plan All components of a house will need to be replaced wiien it is beyond repair or its useful life, Based on condition, age, and use, an estimated replacement date will need to be provided for each listed Item, Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Replacement Date. Plans will not be approved if writing "unsure", "don't know", or leaving it blank, If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Item Last Replaced Condition Estimated Replacement Date Example: Watef Healer May 2010 F May 2020 Item Last Replaced Condition Estimated Replacement Date -urnace December 1999 G December 2020 Water Heater December1999 0 December 2020 Kitchen Appliances April 2013 G April 2019 Laundry Appliances April 2013 S April 2019 0212018 N 0212021Carbon Monoxide Alarms Exterior Items Paint/S ding October 2017 G October 2022 Windows July 2012 F Jyly 2020 - Roof July 2010 0 July 2030 Garage July 2012 S June 2020 Driveway Ju l y 2012 S June 2021 Fence Agust2OlOF August 2030 Sidewalks July 2012 G,----June 2020 Shed July 2010 G June 2020 'Condition Abbreviation GoQdG Needs RpbcrnntR Page 46 Rent &!Licease Pio Rev t418 City of brooklyn tenter—Community Development . ',wi'rcityoforooklyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 554302199 1 Phone: (763) 5033330 1 TTY: 711 Fax: (763) 569-3360 Sections C—Steps to Improve Management and Conditions of Property The items in this section have been proven to assist with property management, proper/ image, and rental license category Improvement, The following actions are required: [] 1) Check-in with tenants every 30days. 2)Drive by properly to check for possible code voiations. 3)Evict tenants in violation of the lease or any addendums. ID 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claimslpaymenls due to the City. IX 1 5) Have no repeat code violations previously documented wdh the past year, Ix j 6) Conduct a pre-inspection of the properly prior to the rental license inspection. ElI 7) The following actions are optional unless required by the City. D 1) Provide lawn/snow seMce. [] 2) Provide garbage service.E] 3) install security system. 4). Provide maintenance service plan for appliances. Name at service company:LI 5) Other: The licensee must comply with the approved Plan and all applicable City Codes, A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Page 518 Ren!aiLicenso P/an, Rev. 1418 City of Brooklyn Center—Community bevetopmnt w:i,cityo1brooklyncenter.org 6301 Shingle Creek Paiway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 5633330 1 in': 711 Fax: (763) 569-3360 DWN 4 I 1JJ/CENTER) -/6325 Ky Ave N Community Development SIn and Vri(y I verify that nit Information povidc-J Is (mc ond u:oo, I u Jorn-J that If i do not w iflplyM1 h (ho approved Plan, conpty with all ioni within th Iicone pcari, or opcute beyond (ho iene expiration date, nn(orcoment octbns suth a citticrs, fomaI cornplaints, or ilcense reew may result. Huan Dao Property Manager Q-- j/io 4:WJ tf: (1csi Pth) H u an Dao Hvioie 15OO>O 0rrr Act 1I(O 4/18/2018 A4j'5c( Or o Mvnsi z! 'e (Y Ap :at-o. Aa:) U 1orAA Slyw1 wo fY Ap kisbk Jl city Stall 0i ) P/ W$b Vofo — ILT/L1 / t-eiL!rro PIti, Roy. !f48 City of floekly Cir—Connunty lh vdopfluot WAw(yotbookIyncontercg 6301 51 -141910 Cieck Parkway, amoklyn Ccnor AN 6430219 Ptioe: (763) 6633330 1 TTY: 711 Fax: (763) 6360 City Coundli Agenda Item No. lOa #13 COUNCIL ITEM MEMORANDUM DATE: May 14,2018 TO: Curt Boganey, Cager THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 5642 Logan 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 5642 Logan 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) 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 13, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type I Rental License based on one (1) property code violation 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 and complete security improvements. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive conununhty that enhances the quality of life for all people and preserves the public tins! COUNCIL ITEM MEMORANDUM Current rental license approval activities for license expires on 08/31/2018: 01-04-2018 The owner, Marc Silverstein, applied for renewal of the rental dwelling license for 5642 Logan Ave N, a single family dwelling. 01-22-2018 An initial rental license inspection was scheduled and the owner called to cancel. Future failed inspections may result in $100 reinspection fee. 01-24-2018 An initial rental license inspection was conducted. One property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged. 02-26-2018 A second inspection was conducted and passed. 02-28-2018 The previous rental license expired. 03-06-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-06-2018 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. 03-22-2018 A $100 reinspection fee was paid. 04-09-2018 A Mitigation Plan was submitted. 04-16-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. Prior rental license approval activities for license expires on 02/28/2018: 06-06-2017 The owner, Marc Silverstein, applied for renewal of the rental dwelling license for 5642 Logan Ave N, a single family dwelling. 06-27-2017 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 08-31-2017 The previous Type IV Rental License expired. 09-05-2017 A second inspection was conducted and failed; no access was given at time of inspection. A $100 reinspection fee was charged to the property. 09-19-2017 A third inspection was conducted and corrections complete; however, the reinspection fees remain unpaid. 09-20-2017 The $100 reinspection fee was paid and the rental license passed. 10-04-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-04-2017 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. 10-17-2017 A Mitigation Plan was submitted. 10-19-2017 The Mitigation Plan was finalized. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. Prior rental license approval activities for license expires on 08/31/2017 07-19-2016 The Owner, Marc Silverstein, applied for an initial rental dwelling license for 5642 Logan Ave N, a single family dwelling. !kILcsio,,: Ensuring an attractive, clean, sail', inclusive coniuzunsty that enhances the quality of 1IJl' for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 08-15-2016 An initial rental license inspection was not conducted; no access at time of inspection. 08-29-2016 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 09-22-2016 The $100 reinspection fee was paid. 10-17-2016 A second inspection was conducted and passed. 11-14-2016 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. 12-02-2016 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. 01-04-2017 A Mitigation Plan was submitted. 01-10-2017 The Mitigation Plan was finalized. 02-03-2017 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. 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. itlission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people andpreserves the public trust GINNUGH •i I'm 'AUh!A I tI)t1II]iJ I 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 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. Mission: Ensuring an attractive, clean, sue, inclusive coininunhtv that enhances the quality oj'11ft' jr (ill people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3± units Greater than 0.75 but not more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic !frIission: Lnsurusg an attractive, clean, susf inclusive conufluflhtv that enhances the quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 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 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5642 Logan Ave N Mission: Ensuring an attractive, clean, safe, inclusive conznwnity that enhances the quality of lUe for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5642 LOGAN AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5642 Logan Avenue N, was issued a Type IV Rental License on November 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 5642 Logan Avenue N, Brooklyn Center failed to complete security improvements and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5642 Logan Avenue N, Brooklyn Center, MN. May 14, 2018 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. Community Development ,t Rental License Plan Handwrffien Plans will not he accepled, This form can be found on the website at vw,c1tyoferooklync tor.orgfronta1ptan or call (783) 5693330 for an electronic version to be sent via email 111 Acflen Plan—Type 111(1 Year) [] Mitigation Plan—Type IV (8 Months) Amanda Sllrar Renters Warehouse J13200 Pioneer Ir #100 Eden Prairie, MN 55347 1952229800 Lq Current Expiation Dale: 12/28118 j Pending ExpiraUon Date,/Jul 10 Based on the total number of property code vk,iations found during the initial rental license inspection and/or validated OiCC nuisance Incidents, the above referenced property Is required to submit an Action (type UI) or Mitigation Plan (Typo IV). in order to ensure timely cornpioon of the license appilcallon process, a Plan must be completed Immediately and submilted for approval, The Plan includes Phase I, II, and III of the Crime Free Housing Program. It also Includes measures that must be taken to ensure ongoing compliance wth City Ordinances and apØcablo codes. A rental iivense Plan allows the owner and the City to review concerns and identify possible solutions to Improve overall conditions of the property. It a Plan is not submitted and/or all Items are not completed within The license period, or the above property operates bcyond the license expimllon date, enforcement aedons suth as an adrninistmbve citation, formal complaint, or license review may result, Read caro Mly and will not bopproved. Pngc 1I R!a!Licwo Plan, Rev, 14-I8 5642 Logan Avenue NordiProperty Add ross:BrooMyn Center, MN 55430 Owmes Name(s),[MNSF T3 SPE, LLC 1 Local Agent: L _ Owner's Ad&es:6386 Stu 320 Agent Address:Ghariotte, N(,' 28211 Owners Phone Agents Phone Owner's Email:Agent's Email. _______________________ City of Brooklyn Centei—Com unity Dvptent WVAVcltyOtbtOok?yflCent6r.Or0 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-219 i Phone: (763) 563-3330 1 1T: 711 Fax (763) 589-3360 CE NTERIAl 5642 Logan Avenue North Brooklyn Center, MN 55430 Community Development Sections A—ct/me Free Housing P,*am .equIremetiis Phase I Road and check each bo [] 1) Awrflten lease agreement is required, The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan [J 2) Agree to pursue the termlnaon of lease agreement or eviction of tenants who violate the terms of the lease o any addondums. 3) Conduct criminal backgrour chock(s) for all new prospective tenants, If it is a current tenant a new background check Is not required. Upon the Citys request, documentation showing a background check was completed must be provided,E] 4) Attend an approved etght4iour Crime Free Housing training course. Information for approved courses can be found at vwvmncpa.net . If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plans [] Crime Frea Housing training is completed [] Crime Free Housing training is scheduled for Dt [I]Omer or agent plans to attend training at: Nerne of City Ej s) Submit Monthly Report by the ja day of each month. Only required for Type IV— Mitigation Plans, Phase II Read and check each box, {] it Complete a Security Assessment and Implement improvements required by the Brooklyn Center Police OepartmonL To schedule a Security Assessment, call (783) 569-3344. "7/ 2) A follow-up assessment must be completed before the license expiration date to verify the security lmprovementsbave been implemented. To schedule a follow up inspection call (763) 589-3344. Security Assessment is completed I []Security Assessment is sthodu led for. Pgo 21& Rental LJenso Plan, Rov i.i-i.a City of Brocktyn (cntr—CommunIty Ovelopmt %WrndtyOfbtOOklyflCOntOr.org 6301 Shingle Creek Parlay, Brooklyn COnter, MN 554302199 Phone: (763) 583-3330 1T(: 711 Fax: 763) 569-3380 LLCI 4 JLJA AT I 5642 Logan Ave nua North Brooklyn Center, MN 55430 Community Development Sections A—CrIme Free Housing Pro grrn Requirements (coutlnuod) Phase 111 • A,R,M Metlg Requirement fl 1) Owner or agent must attend at minimum two (2) AR.M tne*98 ,, The AR.M. meetings must be Completed within the rental license period and before the License expiration date, 2)RegistratIon is not required to attend, however you must &nin during the meeting. A.R,M. Mooting are 1 hold in January, March, May 3 Ju September. and November on the 2nd Thursday of the month, Meetings start at lOam and end at 11 am. 3)Wte two months the owner or agent plans to attend,I (Owner or agent wW attend A.R.M. meetings scheduled for 1' The following actions are required for Multi-Family properties with tour (4) or more units. I 1) Conduct resident framing annual-,y to Include crime prevention techniques. I 2) Conduct regular resident meetings, Pace 3/8 Rental Lkenso Plan, Rev, i148 City of Brooklyn Confer—Community i)vfpnient ww.ciiyofbrooklyncenter.otg 6301 Shingle Crook Padcway, Brooldyn Center, MN 554302199 I Phone: (163) S63-3330 E IT?: 711 Fax: (763) 569-3360 5642 Logan Avenue North Broe1yn Center, MN 5540 rnfl[Té]iTh1 Seclkns ",ong lena Capital Improvement Plan M components of a house Will need to be replaced when it is beyond repair or its useful life. Based on condition, age, and use, an estimated replacement date will need to be provided for each listed item, Items that are broken, darna9ed worn, or inoperable may require replacement sooner than scheduled. M ltorns must have a date under the Estimated Rep!comant Date. Plans will not be approved U writing u un s ur& "don't knew or leaving it blank. It you are unsure of vten an Item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture rocornmendations Item Last Replaced Condition'Estimated Replacement Date Example.: Water iioater May 2010 F May 2020 Item Last Replaced Condition'Estimated Replacement Data March 2015 f March 2025Furnace March 2015 f March 2025Water Heater March 2015 f March 2025Kitchen Appliances March PI L March 2025Laundry Appliances Smoke Alarms/March 2017 1 March 2022oxide Alarms Extarior lIem March 2015 f March 2030PaintlSkiing March 2015 I March 2030Windows March 2015 1 March 2035Roof July 1950 (July 2050Garage March 2015 If March 2030Drwoway March 2015 f March 2025Fence March 2015 1 march 2030Sidewalks June 2016 1 June 2021Shed Condition AbbtV1MiOnE FF Heeds Rep ementR Page 416 Rental License Plan, Rev, 1148 City of 8mektyn Center—Cornmulty DevelopmeM wwwdtyofbrokncentororg 6301 Shingle Creek Parkway, Brooklyn Center, MN 554302199 Phone: (763) 5$33330 TTY: 711 Fax: (13) 569-3360 0 i Arit 1W1T &i 5642 Logan Avenue North Brooklyn Center, MN 55430 Community Development 8oetions C—Sfeps to Improve Mangemont and Conditions of Propez4' The items in this section have been proven to assist with property management, property Image, and rental license category improvement, The following actions are required:F] 1) Chock-in with tenants every 30-days. [] 2) Drive by property to check for possible code violations. :i 3) EvIct tenants in violation of the lease or any addendums, 4) Remain current on all utity fees, taxes, assossrnenls fines, penales, and other financial claims/payments due to the City 1IJ 5) Have no repeat code violations previously documented with the past year. 6)Conduct a pro-inspection of the property prior to the rental license inspection. 7)Other The following actions are oplional unless required by the City. E 1) Provide lawn/snow service, Ej 2) Provide garbage service. [J 3) install security system [J 4) Provide maintenance service plan for appliances. Name of se 09 company.Lii] 5) O The consae must comply with the approved Plan and all applcabie City Codes, A copy of the approved plan vM be sent with a reminder notice to comply with the rental license requirements 19O Ponta] Licon.e PIn, Rev. 1448 City of &rooklyn Ccntr—Commun1ty Dvclmnt wI.CityOfbtOOklyncentOfOrg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Pnone: (763) 583-33301 IIY: 711 Fax: (763) 569-3360 L JLLfl/i / 5642 Logan Avenue North Brooklyn Center, MN 55430 Stgn and Verify I verify that all informaon provided is true and accurate. I understand that if I do not comply with the approved Plan, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may resuit Oni oMg*nt tlwno 1W P (lasa Pitfl) O,ws o, Aget Date MfiUoiaI 0mer, a Agetif Name and Tvk f fApiVab', Pfea PfO kMkrrnl O*rAes1 SJn&urr (if Appkab(a) Date City Stit(Only (2S Poke bpa*zion1 /A 1/ /, - -Date Page J6 Rental Uconso Plan, Rev, 1418 City of Brooklyn Center—Community Dvelopnent VMWCyOlbrOoklyncentorO1g 6301 Shingle Creek Parkway, Brooklyn Center, MN 554302199 1 Phone: (763) 5633330 TTY: 711 Fax: (763) 5694360 City Council Agenda Item No. lOa IJIE] II]JJ(iNli k1UhUDk%[I) iIUhJl DATE: May 14, 2018 TO: Curt Boganey, Ci ager THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 4501 Woodbine La 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 4501 Woodbine 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) 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 27, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on five (5) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. iI'Jscwion: Ensuring an altractii'a, clean, safe, inclusive Community that enhances the (flout3' of lsfi' foi all people and preserves the public trust win [iJ I R I I ML'AUhYA I Mk'A (I] 11IflhJ'A1 The following is a brief history of the license process actions. Current rental license approval activities for license expires on 07/31/2018: 11-27-2017 The owner, Jared Morey, applied for renewal of the rental dwelling license for 4501 Woodbine La, a single family dwelling. 12-26-2017 An initial rental license inspection was conducted. Five property code violations were cited, see attached rental criteria. 01-31-2018 The previous rental license expired. 01-31-2018 A second rental inspection was conducted and failed. A $100 reinspection fee was charged. 03-02-2018 A $100 reinspection fee was paid. 03-12-2018 A third rental inspection was conducted and passed. 03-27-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-27-2018 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. 04-12-2018 A Mitigation Plan was submitted. 04-23-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. Prior rental license atmroval activities for license exoires on 01-31-2018: 05-01-2017 The Owner, Jerad Morey, applied for renewal of the rental dwelling license for 4501 Woodbine La, a single family dwelling. 06-07-2017 An initial rental license inspection was conducted. 17 property code violations were cited, see attached rental criteria. 0743-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-31-2017 The previous rental license expired. 08-03-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-07-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 08-07-2017 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. 08-15-2017 The $200 reinspection fees were paid. 08-17-2017 A fourth inspection was conducted and passed. 08-18-2017 A Mitigation Plan was submitted. 10-09-2017 The Mitigation Plan was finalized. 11-16-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 27, 2017. ?vJiss!on. Ensuring an attractive, clean, saf, inclusive community that enhances the quality of I,fe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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. Aiiss!o,i: Ensxiriizg an attractive, clean, saft, inclusive community that enhances the quality oJljfe for till people and preserves the public trust [i[I]JJIJ I U UN Wk' L'A I øk'A (I) 1iI UhJ I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, soft, inclusive conimuinty that enhances the quality of lift for all people and preser es the public (rust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code -- Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months -2 units Greater than 8 units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 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 a,: attractive, clean, safe, inclusive comnuanty that enhances the quality of life for all people and preserves (he public trust 1S1Bk'[*iUIV UhYAIMhY4 [I) 1I P1Sk I Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 4501 Woodbine La Mission: Ensuring all attractive, clean, safe, inclusive cominuinty that enhances the quality of 1Efi for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4501 WOODBINE LA WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4501 Woodbine La, was issued a Type IV Rental License on November 27, 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 4501 Woodbine La, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 4501 Woodbine La, Brooklyn Center, MN. May 14, 2018 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. Community Developmont Rental License Plan HnWI1UI Ab A, w!:! r ThS farm can be (out , d on the web1e it w-meed I I crgreLn (763) ,39-3330 for an eoctron version to be s1 vo email. E AdlOfl P1r -Ty pc t (1 ?o) ?tr P1yp IV (6 Mr4ths) Property Address: !4501 Woodbino Lane Ownrs Hrne(s): 1r and Rachel Morey1Aaron Bodine OperatorsManager, 1411 Maple StO:ner' Addr: NoThfield MN 55057 .4 cnc 06"Iii c4ti I y t4 - 3 cun rt•on Dt L 11LJ .ccai Agent \'SM Real state, LLC Ant Adre: 380 J3c; St. St 750 St. Paul, MN 55101 Irc ?\9:fls Ei fId.. fl) Ep1rti; 0 I I :L . Y' 449 ,,,9 L .,, P ,.. . . - 4 4 4 .4 p-r 499' ,..'.t4I4 .a.. Is-414 In 4 .p, 4 s ' .. ' P', 't.,.'4?..,'''e ,.. 4 44 'C 5' 45 SC'S 'S ,-.'--5r,''' 5 5.• • • — , L':: !z d'r %'E 44-4 , 4, • * 4 , S •.s 4 5% .' S .4' 4 * . 4 5 4' --s,-".' •1 "''''''' S 5' 4 4 45 44 4.,', 4 ,,*,9 f4,*5*5, 4 .4 •a 'S 4.. • S 4..•.•5.44 . •\ ', .",'''-"''' . è'''J ''1' '" 9 44 4• 44 4*9 4 4 . . 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I 1 Prd rnlRl1 ri Li]fov [11 - --- trrIi 'ir ::'- P; I'-1 k SI:i ik i': j '. ; 45c11 V/oadbtfle La n ComrnUfltY Dev&DpmTtt I vEfli that iormiC rod& truc M tro nrll Ib 1 I do U,eip ith to üçrei! oripIy with II ms w1lin the ie poricnJ or opQate ihc IiQ cpirai!orI iurt Pcis uh Itation$ formal ccmp!aiflt Ur licanso rovievf1tY rfJIL Jerad Morey J / f 66.4/12/18 1ArL id Title fA P'kfl Air Tiirt [Ai€ c.'ry Srf1Qt4 _SL i4Lfrii c Fj t ?e9J (cen Rcv (iCY ci iry Cn1r— imiini1 L\iItheflt G301 IiiigI Crk Prkwz'y Drcokin Con1L MN 543O219 Ph on'3 763) 5i333U 1 f 71 ix: jTI 3Q Sr d Vri!y City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: May 14, 2018 TO: Curt Boganey, City FROM: Meg Beekman, Director of Community Development \)J(7 SUBJECT: Memorandum of Understanding between the City and SFG Net Lease TG Minneapolis, LLC and the Purchase of Excess Right-of-Way from the Minnesota Department of Transportation Recommendation: It is recommended that the City Council Approve a Resolution Approving the Cul-de-sac Memorandum of Understanding between the City and SFG Net Lease TG Minneapolis, LLC and Authoring the Purchase of Excess Right-of-way from the Minnesota Department of Transportation. Background: As part of the Topgolf proposal, the City approved a replat of the property that included the dedication of additional right of way for the extension of Camden Ave. N. and relocation of the existing cul-de-sac to facilitate the placement of the Topgolf building. The City also vacated and rededicated necessary utility easements. I - _ IOu I,t A - 1 I I Iill \ ..... ,..'-.. .................... Topgolf will reconstruct Camden Avenue N., extending the roadway and rebuilding the cul-de- sac within City right-of-way; however, at the base of the new Camden Avenue N. cul-de-sac, there is a narrow strip of MnDOT right-of-way that is considered access right-of-way from the I- 694 and Hwy 252 improvements. iSiIiSk[* lU I U Dk'4 U'A IM1(I)1iaU1 The City agreed to facilitate the transfer of the excess right-of-way from MnDOT to Topgolf as part of the land swap negotiation that took place prior to the Topgolf proposal. The City has since negotiated with MnDOT to purchase this abandoned remnant of MnDOT property for $4,800. Since the approval of their project, Topgolf has sold their land to SFG Net Lease TG Minneapolis, LLC (SFG), which will hold the land and act as Topgolf's landlord. Once the City has acquired the excess right-of-way parcel from MnDOT, the City will in turn sell the remnant to SFG for $1. In exchange, SFG agrees to replat the property, incorporating the remnant into the overall parcel and dedicate to the City the necessary right-of-way to accommodate the cul-de-sac. In addition, SFG agrees to landscape and maintain the parcel. tIlJ[IfltIMkYAUhUDb!A (I) iflhUJ] This photograph illustrates the existing condition of this excess right of way strip. To the west of the site is the Melrose Gates Apartment complex which has a fire lane access easement to Camden Ave. N. Proposal: The City Attorney has drafted a Memorandum of Understanding between the City and SFG that outlines the terms of the agreement. Once SFG executes the MOU, the City will move forward with the acquisition of the excess right-of-way from MriDOT, and turning the property over to SFG. SFG then agrees to apply for a preliminary and final plat to replat their property and incorporate the excess parcel into the larger land area. At that time the City will receive right-of- way back from SFG over the portion of excess land that the new cul-de-sac encroaches into. The conveyance agreement from MriIDOT expires on May 26, 2018. SFG is still reviewing the terms of the MOU. If they have not executed the document before May 26th, the City may request an extension from MriDOT for the conveyance deadline. Strategic Priorities: Targeted Redevelopment Attachment • Resolution Approving the Cul-de-sac Memorandum of Understanding between the City and SFG Net Lease TG Minneapolis, LLC and Authoring the Purchase of Excess Right- of-way from the Minnesota Department of Transportation. Member introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER RESOLUTION NO. A RESOLUTION APPROVING THE CUL-DE-SAC MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SFG NET LEASE TG MINNEAPOLIS, LLC AND AUTHORIZING THE PURCHASE OF EXCESS RIGHT- OF-WAY FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION RECITALS WHEREAS, Topgolf is currently constructing a Topgolf entertainment facility on property legally described as Lot 1, Block 1, Topgolf Addition, Hennepin County, Minnesota (the "Property") that it leases from SFG Net Lease TG Minneapolis, LLC, a Georgia limited liability company ("SFG"); and WHEREAS, the Minnesota Department of Transportation ("MnDOT") has offered to sell the excess right-of-way that is adjacent to the Property to the City, said parcel is legally described on the attached Exhibit A (the "MnDOT Parcel"); and WHEREAS, SFG has requested that the City purchase the MnDOT Parcel and convey it to SFG so that it can be combined with the Property and owned and maintained by SF0; and WHEREAS, in exchange for the MnDOT Parcel, the City has requested that SF0 provide the City with an easement for right-of-way purposes over a portion of the Property for the City's Camden Avenue cul-de-sac, said location of the easement is legally described and depicted on the attached Exhibit B (the "Cul-de-Sac Easement"); and WHEREAS, the City is willing to purchase the MnDOT Parcel and convey it to SF0 provided that SFG combines the MnDOT Parcel with the Property by replatting the property and dedicating the Cul-de-Sac Easement to the City; and RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1.The Cul-de-Sac Memorandum of Understanding between the City and SFG that is attached as Exhibit C (the "MOU") is hereby approved. Any modifications to the MOU that may become necessary may be made by City staff subject to the review and approval of the City Manager and the City Attorney. The Mayor and the City Manager are authorized to sign the MOU on behalf of the City. 2.The City's purchase of the MnDOT Parcel is contingent upon SFG signing the MOU. Upon SFG signing the MOU, City staff shall notify MnDOT that the City is purchasing 523142v1 SJS BR305144 the MnDOT Parcel and forward payment to MnDOT in the amount of $4,800.00. City staff is then authorized to execute any documents necessary in order to effectuate the acquisition of the MnDOT Parcel. 3. City staff is authorized to execute any documents necessary in order to effectuate the conveyance of the MnDOT Parcel to SFG. Passed and duly adopted this ____ day of May, 2018, by the City Council of the City of Brooklyn Center, Minnesota. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk 2 5231420 5JS BR305-144 EXHIBIT A TO RESOLUTION Legal Description of the MnDOT Parcel That part of Tract A described below: Tract A. That part of Government Lot 3 of Section 36, Township 119 North, Range 21 West, Hennepin County, Minnesota, described as follows: Commencing at a point 580 feet north and 200 feet west from the intersection of the centerline of Trunk Highway No. 100 and the centerline of Trunk Highway No. 169 as both were located prior to January 1, 1962; thence at an angle to the right 106 degrees 30 minutes 40 seconds a distance of 67 feet; thence at an angle to the left of 107 degrees 08 minutes 40 seconds a distance of 542.3 feet; thence at an angle to the left of 94 degrees 55 minutes 00 seconds a distance of 30.11 feet to the point of beginning of Tract A to be described; thence at an angle to the left of 85 degrees 05 minutes 00 seconds a distance of 30.11 feet; thence at an angle to the right of 52 degrees 17 minutes 00 seconds a distance of 326.58 feet to the northwesterly right of way line of said Trunk Highway No. 100; thence southwesterly along said highway right of way line to the east line of Lot 8, Mendenhall's Outlots; thence north along the east line of Lots 8 and 6, said Mendenhall's Outlots to the point of beginning; which lies southeasterly of Line 1 described below and northwesterly of Line 2 described below: Line 1. Beginning, at a point on the north and south quarter line of said Section 36, distant 270 feet south of the northeast corner of Lot 8, Mendenhall's Outlots; thence northeasterly to a point which is 30 feet northwesterly (measured at right angles) from a point on the northwesterly right of way line of said Trunk Highway No. 100, distant 200 feet northeasterly of its intersection with said north and south quarter line and there terminating; Line 2. Commencing at the south quarter corner of said Section 36; thence northerly on an azimuth of 355 degrees 28 minutes 48 seconds along the north and south quarter line thereof for 1695.35 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 78 degrees 43 minutes 18 seconds for 100.00 feet; thence on an azimuth of 64 degrees 22 minutes 35 seconds for 114.14 feet and there terminating; A-i 523 142v1 SJS BR305-144 together with that part of Tract B described below: Tract B. That part of Government Lot 3 of Section 36, Township 119 North, Range 21 West, Hennepin County, Minnesota, described as follows: Commencing at a point 580 feet north and 200 feet west from the intersection of the centerline of Trunk Highway No. 100 and the centerline of Trunk Highway No. 169 as both were located prior to January 1, 1962; thence at an angle to the right 106 degrees 30 minutes 40 seconds a distance of 67 feet; thence at an angle to the left of 107 degrees 08 minutes 40 seconds a distance of 542.3 feet; thence at an angle to the left of 94 degrees 55 minutes 00 seconds a distance of 30.11 feet to the point of beginning of Tract B to be described; thence at an angle to the left of 85 degrees 05 minutes 00 seconds a distance of 30.11 feet; thence at an angle to the right of 52 degrees 17 minutes 00 seconds a distance of 326.58 feet to the northwesterly right of way line of said Trunk Highway No. 100; thence southwesterly along said highway right of way line to the east line of Lot 8, Mendenhall's Outlets; thence north along the east line of Lots 8 and 6, said Mendenhall's Outlets to the point of beginning; excepting therefrom the right of way of Camden Avenue and the right of way of Trunk Highway No. 94 as both were located and established prior to January 1, 1979; also excepting therefrom that part acquired for street right of way lying northeasterly of the northerly right of way line of said Trunk Highway No. 94 as located and established prior to January 1, 1979 and southeasterly of line run parallel with and distant 30 feet northwesterly of the northwesterly right of way line of said Trunk Highway No. 100; which lies southeasterly of a line run parallel with the distant 5 feet northwesterly of Line 3 described below: Line 3. Beginning at the intersection of the northeasterly line of Tract A hereinbefore described and a line run parallel with and distant 30 feet northwesterly of the southeasterly line thereof, being the most easterly corner of Tract B hereinbefore described; thence southwesterly on the southeasterly line of said Tract B for 40 feet, thence continue southwesterly on the last described course for 60 feet and there terminating; also together with that part of Tract B hereinbefore described, which lies southwesterly of the following described line: Beginning at a point on the west line of said Tract B, distant 15 feet north of the southwest corner thereof; thence southeasterly to a point on the southeasterly line of said Tract B, distant 20 feet northeasterly of said southwest corner and there terminating; A-2 523142v1 SJS BR305-144 EXHIBIT B TO RESOLUTION Legal Description and Depiction of the Cul-de-Sac Easement B-i 451829v1 SJS NE300-169 EXHIBIT I I Il--I-,! it I--I ',dL_I to C A r- r ItI,'" AlI I I I II I I I I 1%? I I I •./ I A Lot I 0 TOPQOLF AOQiTlaII' - - Block 1 •$)1c' t t '1 t 3r PC?t O g1fl19 -_- Th mr V/'iy. $V1 CtY, of Lot 7, Block 7,\ // TCYa GULP A0017?CW POt'tt OfCmCct W4 °31'12"W 7089.20 W LArio of Lot 7, Block 1, ?PGGLF ADcli1a' -Camden Ave. N. DESCRIPTION That part of Lot 1, Block 1, TOPGOLF ADDITION, Hennepin County, Minnesota, lying southwesterly of the following described line: Commencing at the most westerly, Southwest corner of Lot 1, thence on an assumed bearing of North 4 degrees 31 minutes 12 seconds West along the west line of said Lot 1, a distance of 9.94 feet to the point of beginning of the line to be described; thence South 71 degrees 08 minutes 50 seconds East 24.86 feet; thence southeasterly 60.63 feet more or less to a southwesterly line of said Lot 1, along a tangential curve concave to the southwest having a radius of 60.00 feet and a central angle of 57 degrees 53 minutes 41 seconds and said line there terminating. PROJECT NUMBER: 16386 DRAWN BY.- KMM L4 W-10 \ /cg / \ lfljll^l I, 0 20 SCALE IN FEET SHEET NUMBER 1 OF 1 hereby cortfy that this auroy. ptan or report was prepared by roe or wdot my direct tupaMotn and that I oro a dIy Lenoed Land Su'voyor under the Ia.o of tho State of Minnesota. Mx L. StanidoId P15License No. 48988 Date 03/21/18 PLANNING .iLO UCKS CIVIL EN GI NEERING 7200 Hemlock Lane, Suite 300 LAND SURVEYING LANDSCAPE ARCHITECTUREMaple Grove, MN 55369 763,4243505 ENVIRONMENTAL ww'.v.loucksjnc.com (t) B-2 4518290 SJS NE300-169 EXHIBIT C TO RESOLUTION CUL-DE-SAC MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (this "MOU") is made this day of 2018, by and between the City of Brooklyn Center, a Minnesota municipal corporation (the "City") and SF0 Net Lease TG Minneapolis, LLC, a Georgia limited liability company ("SFG"). RECITALS WHEREAS, SFG is the owner of real property legally described as: Lot 1, Block 1, Topgolf Addition, Hennepin County, Minnesota (the "SFG Parcel"); and WHEREAS, the Minnesota Department of Transportation ("MnDOT") has offered to sell excess right-of-way that is adjacent to the SFG Parcel to the City, said parcel is legally described on the attached Exhibit A (the "MnDOT Parcel"); and WHEREAS, SFG has requested that the City purchase the MnDOT Parcel and convey it to SFG so that it can be combined with the SF0 Parcel and owned and maintained by SFG; and WHEREAS, the City has requested that SFG provide the City with an easement for right- of-way purposes over a portion of the SFG Parcel for the Camden Avenue cul-de-sac, said location of the easement is legally described and depicted on the attached Exhibit B (the "Cul-de-Sac Easement"); and WHEREAS, the City is willing to purchase the MnDOT Parcel and convey it to SFG provided that SFG combine the MnDOT Parcel with the SF0 Parcel by replatting the property and dedicating the Cul-de-Sac Easement to the City in the plat; and NOW, THEREFORE, on the basis of the mutual covenants and agreements hereinafter provided, it is hereby agreed by and between the parties hereto as follows: The foregoing recitals are incorporated into and made a part of this MOU. 2.The City will purchase the MnDOT Parcel from MnDOT. 3.Upon receipt of the MnDOT Parcel, the City will convey the MnDOT Parcel by quit claim deed to SF0 for $1.00. SFG shall be responsible for all costs associated with the conveyance, including, but not limited to, recording fees and any title search fees. 4. SFG agrees that after the MiiIDOT Parcel is conveyed to it by the City, SFG will make application to the City to combine the MnDOT Parcel and the SFG Parcel by replatting them. As part of the replat, SFG agrees to dedicate the Cul-de-Sac Easement to the City in the plat. 4518290 5J5 NE300-169 5. SFG agrees that it will construct the Camden Avenue cul-de-sac at its expense. 451829v1 SJS NE300-169 C-2 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the day and year written above. CITY OF BROOKLYN CENTER By: Tim Willson Its: Mayor By: Curt Boganey Its: City Manager SFG NET LEASE TG MINNEAPOLIS, LLC By: Its: C-3 4518290 SJ5 NE300-169 EXHIBIT A TO CUL-DE-SAC MEMORANDUM OF UNDERSTANDING Legal Description of the MnDOT Parcel That part of Tract A described below: Tract A. That part of Government Lot 3 of Section 36, Township 119 North, Range 21 West, Hennepin County, Minnesota, described as follows: Commencing at a point 580 feet north and 200 feet west from the intersection of the centerline of Trunk Highway No. 100 and the centerline of Trunk Highway No. 169 as both were located prior to January 1, 1962; thence at an angle to the right 106 degrees 30 minutes 40 seconds a distance of 67 feet; thence at an angle to the left of 107 degrees 08 minutes 40 seconds a distance of 542.3 feet; thence at an angle to the left of 94 degrees 55 minutes 00 seconds a distance of 30.11 feet to the point of beginning of Tract A to be described; thence at an angle to the left of 85 degrees 05 minutes 00 seconds a distance of 30.11 feet; thence at an angle to the right of 52 degrees 17 minutes 00 seconds a distance of 326.58 feet to the northwesterly right of way line of said Trunk Highway No. 100; thence southwesterly along said highway right of way line to the east line of Lot 8, Mendenhall's Outlots; thence north along the east line of Lots 8 and 6, said Mendenhall's Outlots to the point of beginning; which lies southeasterly of Line 1 described below and northwesterly of Line 2 described below: Line 1. Beginning, at a point on the north and south quarter line of said Section 36, distant 270 feet south of the northeast corner of Lot 8, Mendenhall's Outlots; thence northeasterly to a point which is 30 feet northwesterly (measured at right angles) from a point on the northwesterly right of way line of said Trunk Highway No. 100, distant 200 feet northeasterly of its intersection with said north and south quarter line and there terminating; Line 2. Commencing at the south quarter corner of said Section 36; thence northerly on an azimuth of 355 degrees 28 minutes 48 seconds along the north and south quarter line thereof for 1695.35 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 78 degrees 43 minutes 18 seconds for 100.00 feet; thence on an azimuth of 64 degrees 22 minutes 35 seconds for 114.14 feet and there terminating; C-A-i 5231420 SJS BR305-144 together with that part of Tract B described below: Tract B. That part of Government Lot 3 of Section 36, Township 119 North, Range 21 West, Hennepin County, Minnesota, described as follows: Commencing at a point 580 feet north and 200 feet west from the intersection of the centerline of Trunk Highway No. 100 and the centerline of Trunk Highway No. 169 as both were located prior to January 1, 1962; thence at an angle to the right 106 degrees 30 minutes 40 seconds a distance of 67 feet; thence at an angle to the left of 107 degrees 08 minutes 40 seconds a distance of 542.3 feet; thence at an angle to the left of 94 degrees 55 minutes 00 seconds a distance of 30.11 feet to the point of beginning of Tract B to be described; thence at an angle to the left of 85 degrees 05 minutes 00 seconds a distance of 30.11 feet; thence at an angle to the right of 52 degrees 17 minutes 00 seconds a distance of 326.58 feet to the northwesterly right of way line of said Trunk Highway No. 100; thence southwesterly along said highway right of way line to the east line of Lot 8, Mendenhall's Outlots; thence north along the east line of Lots 8 and 6, said Mendenhall's Outlots to the point of beginning; excepting therefrom the right of way of Camden Avenue and the right of way of Trunk Highway No. 94 as both were located and established prior to January 1, 1979; also excepting therefrom that part acquired for street right of way lying northeasterly of the northerly right of way line of said Trunk Highway No. 94 as located and established prior to January 1, 1979 and southeasterly of line run parallel with and distant 30 feet northwesterly of the northwesterly right of way line of said Trunk Highway No. 100; which lies southeasterly of a line run parallel with the distant 5 feet northwesterly of Line 3 described below: Line 3. Beginning at the intersection of the northeasterly line of Tract A hereinbefore described and a line run parallel with and distant 30 feet northwesterly of the southeasterly line thereof, being the most easterly corner of Tract B hereinbefore described; thence southwesterly on the southeasterly line of said Tract B for 40 feet, thence continue southwesterly on the last described course for 60 feet and there terminating; also together with that part of Tract B hereinbefore described, which lies southwesterly of the following described line: Beginning at a point on the west line of said Tract B, distant 15 feet north of the southwest corner thereof; thence southeasterly to a point on the southeasterly line of said Tract B, distant 20 feet northeasterly of said southwest corner and there terminating; C-A-2 523142v1 SJS BR305-144 EXHIBIT B TO CUL-DE-SAC MEMORANDUM OF UNDERSTANDING Legal Description and Depiction of the Cul-de-Sac Easement C-B-i 523142v1 SJS BR305-144 EXHIBIT % , r I IIl--IIIi 1-- 4- -I II '...' ¼dL_$ A r-r-,—s—,,\A I CD I :1 II I II I II\f I I'..' V U) u'lc I-CD Lot 1 /Lot t, EIocI I \ ADD 770N - Block 1 TOPGOLF \4;\zp20) /Pobt of Bgn - Tho mo Pity. SPI CW, of to? 1, Block 1,rc cotr DDl7itW / ; Po ofCcmenc.rri N4 631 '12 4 W 1089.20 W Lio Of Lot 1, Block 7, Camden Ave. N.TOPGGtF ADO/liON —,\ DESCRIPTION That part of Lot 1, Block 1, TOPGOLF ADDITION, H e nnepin County, Minnesota, lying southwesterly of the following described line- IjIjl Commencing at the most westerly, Southwest corner of Lot 1, thence on an assumed bearing of North 4 degrees 31 minutes 12 seconds West along the west line of said Lot 1, a distance of 0 20 9.94 feet to the point of beginning of the line to be described; thence South 71 degrees 08 minutes SO seconds East 24.86 feet; thence southeasterly 60.63 feet more or less to a southwesterly line of said Lot 1, along a tangential curve concave to the southwest having a SCALE IN FEETradius of 60.00 feet and a central angle of 57 degrees 53 minutes 41 seconds and said line there terminating. PROJECT NUMBER: 16366 DRAWN BY.-KMM SHEET NUMBER 1 OF 1 E prepared by me or under my direct rejporvi!^^n and that I hereby certify that thG away, plan or report wa ow Lo UCKS PLANNING I am a &ily Llcaatad Land Suaynr under the la v a of CIVIL ENGINEERING the State of Minnaatth 7200 Hemlock Lane, Suite 300 LAND SURVEYING ',/4dt•LANDSCAPE ARCHITECTURE Maple Grove, MN 55369 ENVIRONMENTAL L Stanjtcki. P15 763.4243505 License No. 48988 v.w.v.lucksinc.com os Date 03/21/18 C-B-2 523142v1 SJS BR305-144 May 14, 2018 Meg Beekman, Community Development Director Memorandum of Understanding between the  City and SFG Net Lease TG Minneapolis, LLC Authorization to purchase Excess Right-of-  Way from MnDOT ◦The City will transfer the excess right-of-way to SFG ◦SFG will accept the excess right-of-way and cause their property to be replatted Approve a Resolution Approving the Cul-de-  sac Memorandum of Understanding between the City and SFG Net Lease TG Minneapolis, LLC and Authoring the Purchase of Excess Right-of-way from the Minnesota Department of Transportation. Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 14, 2018 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.Tobacco Purchase Age 21 (Brooklyns Youth Council) 2.Park Dedication Fees 3.Median Safety Initiative 4.Schedule Special Joint Work Session Meetings with Planning Commission to Review 2040 Comprehensive Plan Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Organic Composting and Native Bee Habitat (1-8-18 Study Session Discussion) - May 2.Comprehensive Plan Art Contest - May 3.Ordinance Review Process - May 4.Earle Brown Days Update 5. Beautification and Public Art Initiative - June Work Session Agenda Item No. 1 k"A I ak'A [IJ 1ImJ'A Es1lkIiJ I fl'LO 1 DL'f1 [IAi DATE: May 10, 2018 TO: City Council FROM: Curt Boganey, City ManagJ' SUBJECT: City of Brooklyn Center Tobacco Policy Recommendations Recommendation: It is recommended that the City Council consider providing direction to staff regarding the information received and recommendations made regarding Tobacco Policy in Brooklyn Center Background: Nearly a year ago the City was contacted by representatives of Hennepin County Public Health department regarding tobacco sales to youth in Brooklyn Center. In particular they expressed an interest in having the City Consider adopting an ordinance that would restrict sales to individuals aged 21 or older. An outgrowth of that inquiry was a request made to the Brooklyn Youth Council; asking that they consider providing youth voice into this issue prior to the Council considering the request. The BYC agreed to accept this project and has been engaged in an extensive process of research and analysis regarding the topic over last several months. On Monday to you will receive two presentations on this subject. Hennepin County Public Health will provide a brief introduction of the issue of tobacco products and marketing at the point-of-sale, "why" this issue is being brought forward and briefly walk through the document with the City Council. The BYC will follow with a 30-40 minute presentation of the project, recommendations and respond to any questions the Council may have. Policy Issues: Does the City Council desire additional information before considering the recommendations of the report? Does the City Council wish to have staff take any action regarding the findings and recommendations i.e. ordinance preparation, work session review, further research? Strategic Priorities: e Safe, Secure, Stable Community Our Vision: 11 L'nh'isuyn Brooklyn Center as a thriving, diverse community with a/uil range of housing, business, cultural and ;ecreatiommal qfJè rings. It is a safe awl inclusive place that people of all ages love to call home, and visitors e;ioy due to its convenient location and commitment to a healthy environment statewide h eal L* H Brooklyn Bridge Brooklyns . Council improvement partnership Date: May 7, 2018 To: Curt Boganey, City Manager From: Brooklyns Youth Council (BYC) Subject: City of Brooklyn Center Tobacco Policy Recommendations INTRODUCTION AND SUMMARY The BYC's mission is to represent youth in Brooklyn Center and Brooklyn Park by providing a voice in collaboration with the community and local government in order to positively raise awareness of problems facing youth. We are a team of youth from Brooklyn Center and Brooklyn Park who serve as an advisory, strategic planning, and communicating body in partnership with the Brooklyn Bridge Alliance for Youth, Cities of Brooklyn Center and Brooklyn Park, Hennepin County, Local School Districts and Community Colleges to help us make the most impact for youth in our community. We do a diverse range of projects to represent the issues and hopes of youth in our community such as provide advice and input on policies related to youth that the Alliance partners have. This year, the BYC partnered with Hennepin County Public Health Department to better understand the effects tobacco has on the youth in Brooklyn Center and Brooklyn Park. Our research consisted primarily of 8 focus groups with youth ages 12-20. In total we interviewed 38 young people, 16 from Brooklyn Center and 22 from Brooklyn Park. Below are key findings from our research. KEY FINDINGS Youth tobacco use behavior: • Many youth expressed that tobacco was very easy to obtain. • Cigarillos, menthol cigarettes, and flavored e-cigarettes are the most prominent tobacco products youth use. • E-cigarettes are seen as a healthy alternative to cigarettes. • Many youth expressed that stress and peer pressure were the primary reasons they chose to use tobacco. Exposure to tobacco products and marketing: Youth frequent tobacco retailers on a daily basis. Corner stores, convenience stores and gas stations are the stores youth shop at the most. Youth awareness and perceptions of tobacco marketing: e Youth are aware that tobacco marketing is more prominent in low-income and communities of color. Young people realize that the marketing of flavored tobacco products is directed at them. Marketing of e-cigarettes as a healthier alternative is effective among youth. The effects of tobacco o Youth felt tobacco is a gateway for other drugs. Using tobacco affects youth's physical, emotional and mental health. RECOMMENDATIONS Based on these key findings, the BYC compiled a list of recommendations for the Brooklyn Center City Council. > Reduce youth access and exposure to flavored tobacco products. 1. Restrict the sale of flavored tobacco products (including menthol) to tobacco shops that restrict minors. > Increase the cost of tobacco products. 1.Require that cigars sold in packages of 3 or fewer be sold at a minimum price of $2.60 per cigar contained in package; and packages of 4 or more sold for no less than $10.40/package 2.Increase product costs through non-tax approaches (such as prohibiting coupon redemption or other price discounting). > Raise the minimum legal sales age to 21. > Reduce the density of tobacco retailers. Reduce the number of tobacco retailers to 15 retail stores. This could be done by capping the number of tobacco retailers currently, and gradually reducing the number, as tobacco licenses are not renewed. > Restrict the sale of tobacco near youth serving facilities. 1. Restrict the proximity of new tobacco retailers to within 1,000 feet of youth serving facilities, such as: i. Schools/educational facilities ii.Parks iii.Community centers iv.Library > Increase tobacco retailer compliance with age verification to purchase tobacco products. 1.Require retailer employee training on youth access laws. This training can be preventative, a consequence or both. 2.Increase the number of annual compliance checks. 3.Require re-inspections after failed compliance check(s) and/or FDA violation(s). 4.For additional costs of administering the compliance checks, increase the licensing fee so the license holder absorbs the costs. 5.Signage - Require the notice of the legal sales age and age verification requirement be posted at each retail store. 6.Increase penalties for license violations - this could be done through increased fines; longer suspension terms; suspensions for first, second, third violations. NEXT STEPS The BYC also compiled a list of recommendations for the school districts, Hennepin County Public Health, and Minnesota Department of Health to consider in reducing the impact of tobacco on youth in Brooklyn Center. School districts: Meet and engage with the school boards to inform them on the rising usage rates and concerns about e-cigarettes in schools, increase awareness of tobacco issues and impacts on youth, and boost mental health/well-being services and programs that schools provide to students to reduce tobacco use. > Hennepin County Public Health: Increase awareness in Hennepin County on tobacco issues and impacts on youth and provide support and technical assistance to boosting mental health/well-being services and programs that schools provide to students to reduce tobacco use. > Minnesota Department of Health: Explore state and federal policy approaches on how to decrease youth access to online sales of e-cigarettes. This project was completed in partnership with Hennepin County Public Health with support from the Statewide Health Improvement Partnership, Minnesota Department of Health. City of Brooklyn Center Demographics & Chronic Disease Data - April 2018 Heart disease, cancer, diabetes, and stroke are among the most common causes of illness, disability, and death in the United States. These chronic conditions, and the factors that lead to them, can be more common or, severe, for certain populations such as minority groups, those experiencing poverty, or having less education. Local demographic information brings awareness to those who may be at risk for chronic disease disparities. Chronic disease data in Hennepin County northwestern suburbs, which includes Brooklyn Center, is also provided. Demographics Population by Age': - 30% are 19 years old or younger - 37% are 24 years old or younger - 45% are 29 years old or younger - 56% are 30 years old or older o Race/ethnicity': - White, alone: 43% - Black or African American, alone: 28% - Hispanic or Latino: 10% - Two or more races: 3% - Asian, alone: 15% - American Indian or Alaska Native, alone: 0,4% Some other race, alone: 0.4% a Poverty': - Persons below the Federal poverty level: 19% - Persons between 100% and 150% of the Federal poverty level: 14% o Highest level of education 4 : - Did not graduate high school: 16% - High school graduate: 31% - Some college, no degree: 22% - Associate degree: 10% - Bachelor degree: 15% - Graduate/professional degree: 6% o income': - Per capita personal income: $22,400 - Median household income: $46,400 lit Hennepin County PI. Public Health statewide health improvement partnership 04.2018 City of Brooklyn Center Demographics & Chronic Disease Data April 2018 Chronic Disease and Conditions Data (Metro SHAPE 2014 Adult Survey) Hennepin County NW Suburbs, Inner Ring* Hennepin County Suburban Totals Hennepin County Percentage who have ever had diabetes 6.2%5.9%6.1% Percentage who have ever had a heart attack 2%2.1%2% Percentage who have ever had a stroke 2.1%1.5%1.7% Percentage who have ever had an angina 4%3.1%2.9% Percentage who have ever had a heart attack, angina, or stroke 5.8%5%4.8% Percentage who have ever had asthma 11.1%10.8%11.8% *Includes Brooklyn Center, Crystal, Golden Valley, New Hope, and Robbinsdale. The figure above describes percentages for adults aged 25 and older. 'Metropolitan council, community Profiles. Population by Age and Gender in Brooklyn Center. ACS 2012-2016. Available at httns://stats.metc.statemn.us/profile/detail.aspx?c=R1 1000. (Accessed 3/23/18). 2 Metropolitan Council, Community Profiles. Population by Race and Ethnicity in Brooklyn Center. ACS 2012-2016. Available at httrs://stats.metc.state.mn.us/profile/detail.aspx?c= Ri 1 000#POPRACEETH. (Accessed 3/23/18). 'Metropolitan Council Community Profiles. Percent of Brooklyn Center Population Below the Federal Poverty Level. ACS 2012-2016. Available at https://stats.metc.state.mn.us/profile/detailaspx?c=Ri 1 000#povertvlevel. (Accessed 3/23/18). 'Metropolitan Council, Community Profiles. Highest Level of Education Attained by Brooklyn Center Residents. ACS 2012-2016. Available at httDs://stats.metc.state.mnus/flrofiFe/detail.3ss?c=O2393428#POPAGEGENDER. (Accessed 3/23/18). 5 Metropolitan Council, Community Profiles. Per Capita Personal Income and Median Household Income in Brooklyn Center. ACS 2012-2016. Available at httns://statsnietcstate.mn.us/nrofile/detail.aspx?c=R1 1000percapita. (Accessed 3/23/18). Hennepin County Public Health sttewideheaith• improvement partnership 04.2018 City of Brooklyn Center Tobacco environmental scan Youth tobacco use is still a problem • Tobacco kills more Minnesotans than alcohol, homicides, car accidents, AIDS, illegal drugs, and suicide combined) • Nearly all tobacco users start smoking by age 21.1 • 2,500 kids in Minnesota become new daily smokers each year; 102,000 now under age 18 will die prematurely from smoking.' • The tobacco industry spends over $300,000 a day marketing tobacco, most of which is spent in retail stores—the most important channel for reaching kid S.4 • Annual health care costs in Hennepin County directly caused by tobacco exceed $585 million in excess medical costs. This does not include the cost of lost productivity and other costs indirectly attributed to smoking.' Tobacco retailers (Sources: Brooklyn Center City Clerk; FDA Compliance Checks Inspections database) Tobacco retailers 21, or 0.65 per 1,000 residents Tobacco or e-cigarette shops/lounges 1 Frequency of local compliance checks 2 annually Retailers with compliance check violations in 2015, 2016, 2017 0,0, 0 Retailers with FDA violations in 2014, 2015, 2016,2017*4,2, 0, 5 '2014 violations for sale of cigarettes to a minor, failure to check ID, and self-service display; 2015 civil monetary penolties;201 7 violations for sale of cigarettes, cigars, and e-liquid too minor and failure to check ID. Youth tobacco use (Sources: Minnesota Student Survey 207 0,2013, and 2016, Brooklyn Center, Osseo, and Robbinsdale School Districts combined) Percentage of youth who reported using the following products within the past 30 days: Brooklyn Center, Robbinsdale, & Osseo School Districts, combined 91h Grade 11th Grade 2010 2013 2016 2013 2016 C onven ti ona lt o b acco **10%9%3%15%8% Any tobacco use***NA****NA 12%NA 20% Cigarettes 8%6%2%10%5% Cigars, cigarillos, little cigars 5%6%2%9%5% Electronic cigarettes NA NA 10%NA 17% Flavored tobacco NA NA 5%NA 8% Menthol cigarette NA NA 3%NA 6% 'Data is not available for 11th grade in 2010. Conventional tobacco use includes cigarettes, chewing tobacco/snuff/dip, orcigars/cigarillos/little cigars. "-"Any tobacco use includes conventional tobacco, electronic cigarettes, or hookah/water pipe. = not asked Key findings from Brooklyn Center, Osseo, and Robbinsdale School Districts' combined MN Student Survey The good news: fewer youth are smoking and using conventional tobacco products. The bad news: overall, there is an increase in tobacco use driven by the dramatic increase in e-cigarette use. gth and 1 1th graders now use e-cigarettes at a much greater rate than conventional tobacco, with 9 11 graders using e-cigarettes three times more, and 1 1 th graders using e-cigarettes two times more, than conventional tobacco. Many youth who use tobacco are using menthol and other flavored tobacco products. Flavored products are considered a starter product, and some, such as menthol, are harder to quit.' - Over 40% of tobacco users in both 9th and I Ith grade use flavored tobacco and one in four tobacco users use menthol. Sources: 1 MN Department of Health. Tobacco Prevention and control Data and Reports. Available at: Itttp://www.health.state.nsn.us/divslhpcd/tpc/data.html . Accessed on 3/29/18. 2 Ibid. 3 Campaign for Tobacco Free Kids. The Toll oflobacco in Minnesota. Available at: http://www.tobaccofreekids.org/factsissues/toll_us/rninnesota.LastUpdated 3/1/18. Accessed on 3/29/18. 4 Ibid. 5 Blue crass and Blue Shield of Minnesota center for Prevention. 2017 Health care costs and Smoking in Minnesota and Lost Productivity. Available at: 6 U.S. Department of Health and Human Services. (2012). Preventing Tobacco Use Among Youth and Young Adults: cPfsnr'm A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and H LI Prevention, National center for chronic Disease Prevention and Health Promotion, Office on smoking and Health. pubIice,lrh 20180477 O PUBLIC HEALTHLAW CENTER Tobacco Control Legal Consortium April 19, 2018 Gretchen Garman, MPH Hennepin County Public Health Department Gretchen.garmanhennepin.us 612-543-1985 RE: Brooklyn Center Tobacco Ordinance Review Dear Gretchen: Thank you for your request to review the City of Brooklyn Center's tobacco licensing code and provide analysis on ways to conform with state and federal law ("modernizing" the code) and strengthen the law pursuant to best public health policy practices. First, as you are likely aware, the Public Health Law Center does not lobby, nor does it provide legal representation or advice. Based on our experiences with retail licensing and sales restrictions, we are able to provide our observations and other educational information for your own evaluation of these issues. This information is for educational purposes only; we do not request that a policymaker take any specific action in regard to our comments, nor should our comments be considered a replacement for legal advice. If you or the City of Brooklyn Center require a legal opinion, we encourage you to consult with local legal counsel. Below, please find a summary of my key findings from the City of Brooklyn Center's "Tobacco Related Products" licensing regulations. The regulations were compared to licensing laws from other jurisdictions in Minnesota and across the U.S. City of Brooklyn Center's Retail Tobacco Regulations Minnesota municipalities have the authority to license retailers and regulate the sale of tobacco and related devices and products within their jurisdictions. Regulating tobacco retailers through licensing is considered a best practice. The City of Brooklyn Center's tobacco licensing code already aligns with some good tobacco control practices. They include: • The law conforms with Minnesota law which requires a local license to sell "electronic delivery devices" - a broad term used to describe what are more commonly referred to as "c-cigarettes." • The transfer of a license to another person or location is prohibited. • The sale of certain tobacco products is prohibited by means of unattended self-service methods, vending machines, and loosies, with the exception of adult-only retailers. • Open product ("self-service") displays are prohibited in all licensed locations. • Moveable places of business are ineligible for a city license. • A violation of any state, federal, or local tobacco control law is grounds for denial of a license. • License holders are responsible for the conduct of their employees on the licensed premises; employee violations are considered acts of the licensee for penalty purposes. P; 6512907506 F: 6512907515 875 Summit Avenue, St. Paul, W: www.PublicHeaithLawCenter.org Minnesota 55105 o Increased product costs through minimum product pricing and minimum pack sizes. o Prohibition of indoor smoking in licensee premises. Despite these strengths, there are elements that could be clarified, strengthened, or added, including: R eadability: simplifying the definition of licensed or covered products under a catch-all term The city might consider creating a new "catch all" term that would cover all covered licensed products under the code for reference throughout the regulation. This would simplify the definitions of licensed products covered by the city ordinance and place them under a defined umbrella term of "licensed products" or "covered products" to both ensure coverage of all products under all regulations in the code and enhance the readability of the code. This also allows for future amendments of the definition as new products come on the market without having to change the list of products in numerous places throughout the ordinance. Possible language for a definition may include: Licensed products or covered products. The term that collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product. A lign with minimum standards in state and federal law • Minnesota law requires a local license to sell "nicotine or lobelia delivery products." The current ordinance does not requite a license for nicotine or lobelia delivery products. These products are also subject to the same licensing and sales regulations and should be specifically addressed in the licensing ordinance if the city is interested in complying with state law. These products could be defined and included under the "catch-all" term above for "licensed products" or "covered products". • State and Federal law requires that electronic delivery device fluid (liquid packaging) be sold in child-resistant packaging. This requirement and a mechanism for enforcement could be explicitly incorporated to reflect federal law. A definition of child-resistant packaging would also be needed if this is adopted, such as: Child-resistant packaging. Packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. o State and federal law prohibits the distribution of most free samples. Local jurisdictions can prohibit the distribution of all free or nominally priced samples. P: 651,2907506 F; 651.290.7515 875 Summit Avenue, St. Paul, W; ww,PubllcHealthI.awCenter.or9 Minnesota 55105 I Effective Administration and Enforcement I Minnesota law requires at least one youth access compliance check per retailer each year. The City of Brooklyn Center sets a minimum number of compliance checks each year (one), but allows for more. A city can require multiple checks, as well as re-inspections after violations. Performing additional compliance checks per year can help promote better compliance with youth access laws. Costs for additional-mandated compliance checks can be incorporated into the license fee, with the costs absorbed by the license holders themselves. o Some municipalities require retailers to train their employees on youth access laws and other licensing requirements. The City of Brooklyn Center could require training as a preventive measure for all licensees and/or as a consequence for underage and other illegal sales and violations. o Some cities allow for a license to be revoked if the license was mistakenly granted. The City may choose to include this provision to ensure only qualifying establishments are allowed to hold a license. o Enforcement of the ordinance could be clarified and strengthened if paragraphs were included to set requirements for age verification and for signage. The ordinance may be amended with language such as: Age verification, Licensees must verify by means of government-issued photographic identification that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. Signage. Notice of the legal sales age and age verification requirement must be posted at each location where licensed products are offered for sale. The required signage, which will be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. o The ordinance could include a section that wakes it clear that a license is a privilege not a right and that renewal of an application is not automatic. o Adding a section that treats "continued violations" as separate violations for each day or each occurrence of a violation would have a strong punitive effect and would spur prompt compliance with the law. The continued violation section could state: El Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitutes a separate offense. o Section 23-105 outlines "Prohibited Sales". This section could be renamed "Prohibited Acts" because it extends beyond sales. P 651.290.7506 F 651.290.7515 875 Summit Avenue St. Paul, W-. www.PubllcHealthLawCenter.org Minnesota 55105 Fees & Penalties o Section 23-101, which requires the license, states: "A person must not directly or indirectly keep for retail sale, sell at retail, dispense or give away in a retail setting..." The terms "directly or indirectly" are not defined. A clearer way of stating the license requirement may be: "No person shall sell or offer to sell any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product without first having obtained a license to do so from the city." o The current licensing fee for the City of Brooklyn Center is $150.00 and investigation fee is $150.00. Fees should be periodically reviewed to ensure they cover all administration, implementation and enforcement costs, including compliance checks. Fees that do not reflect actual costs should be adjusted. o The City of Brooklyn Center's licensing code penalizes persons under age 18 for purchase or attempt to purchase, use, and possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Possession, use and purchase (PUP) laws may be unlikely to reduce youth smoking significantly. They may undermine other conventional avenues of youth discipline, divert attention from more effective tobacco control strategies, and relieve the tobacco industry of responsibility for its marketing practices. Some communities are concerned that PUP provisions may be enforced inconsistently with respect to youth from certain racial and ethnic groups, resulting in their introduction into the criminal justice system. Nicotine is more addictive than heroin and other drugs. Many public health groups suggest focusing instead on the retailer, especially since this is a licensing code. For these reasons, the City of Brooklyn Center may consider removing this section which establishes penalties for underage violators of the tobacco licensing ordinances. Removal of this provision puts responsibility on the licensee, seller, or provider of the covered products. o Strong consequences, like high administrative fines against violating licensees can help promote compliance. Establishing longer suspension terms, providing suspensions for first or second violations, and incorporating mandatory licensing revocations into the penalty structure can help encourage voluntary compliance and provide stronger tools to address repeat violators. This ordinance does not impose a suspension until the third violation. In general, Brooklyn Center's penalties for licensee violations align with state law, but state law allows local governments to do more. o The ordinance allows for misdemeanor prosecution for all violations of the law. For the reasons outlined above regarding PUP provisions, the City may consider limiting the use of criminal penalties, particularly for underage persons. Additional Licensing Options Through licensing regulations, Minnesota cities and counties also have the opportunity to: • Raise the minimum legal sales age to 21. • Establish a minimum age for clerks or other employees who sell tobacco and related devices and products. • Restrict or prohibit the sale of flavored tobacco products (this includes the sale of the menthol flavor). P 6512907506 F 651,290.7515 875 Summit Avenue, St. Paul, W www.PubllcHealtht.awConter.org Minnesota 55105 o Prohibit the sales of imitation tobacco products and tobacco products containing other substances such as toxic, controlled or hallucinatory substances. Many new products coming onto the market use tobacco related products to consume the other substances. o Reduce or restrict the number, location, density, and types of retailers. A high prevalence of tobacco retailers is associated with increased use of tobacco; and a higher concentration of tobacco retailers in low income neighborhoods or around schools has negative consequences for public health. Retail outlets are also a source of exposure to tobacco marketing, which is designed to encourage initiation and use. These changes may be accomplished through the licensing code or the zoning code. o Increase product costs through non-tax approaches (such as prohibiting coupon redemption or other price discounting). The current minimum pricing provision for cigars in the City's ordinance could be increased. This is an example of a stronger minimum pricing provision that has been adopted in a neighboring jurisdiction: Cigars. No person shall sell or offer for sale any cigar that is not within its intended retail packaging containing a minimum of [ four] cigars and for a sales price, after any discounts are applied and before sales taxes are imposed, of less than [ $10.40] per package. This restriction does not prohibit the sale of a single cigar with a sales price, after any discounts are applied and before sales taxes are imposed, of at least [ $2.60]. o Prohibit pharmacies from selling tobacco products. As pharmacies are considered health supporting institutions, it is inconsistent for them to sell tobacco products. The City of Brooklyn Center may choose to adopt all or any of these policies, which the PHLC considers to be the best practice for public health. The City of Brooklyn Center may also consider: • Including a "Purpose and Intent" section. Adding a "Purpose and Intent" section helps to explain the legislative intent and the scientific basis for the law and is relied upon should the ordinance be challenged. • Adding clarifying definitions. Definitions provide clear intent and help reduce legal challenges. There is one definition missing for "nicotine and lobelia products". Additionally, the definition of "smoking" could be updated so that it better reflects the range of new products coming onto the market, such as: "Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product, whether natural or synthetic, containing, made, or derived from nicotine, tobacco, marijuana, or other plant, that is intended for inhalation. Smoking also includes carrying or using an activated electronic delivery device." The City may also add definitions to clarify any new terms used if any of the policy options outlined above are adopted. • Adding a section for Exceptions and Defenses would allow the city to allow an exception for licensed products for use in religious, spiritual, or cultural ceremonies and could provide an affirmative defense for those who appropriately relied on proof of age. Language for this new section could be: Exceptions and defenses. Nothing in this ordinance prevents the providing of tobacco or tobacco- related devices to any person as part of a lawfully recognized religious, spiritual, or cultural ceremon P 651.290.7506 F; 651290.7515 875 Summit Avenue, St. Paul, W; www.PubllcHeaIthLawCenter.org Minnesota 55105 m It is an affirmative defense to a violation of this ordinance for a person to have reasonably relied on proof of age as described by state law (Minn. Stat. 340A.503(6)). o An ordinance with a severability clause protects and upholds other components of the law if a successful legal challenge prevails against any part of the law. Possible language the City may want to include could be: Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. I hope this is helpful. I would be happy to provide sample language for any policy change discussed in this memo. Please let us know if we can assist you further. Sincerely, Rachel Callanan Senior Staff Attorney Tobacco Control Legal Consortium at the Public Health Law Center P: 651,2907506 1 651.290.7515 875 Summit Avenue, St. Paul W ww.v.PublicHealthLawCenter.org Minnesota 55105 City of Brooklyn Center Summary of tobacco observational visits, June 2016 This summary provides key information and data on the City of Brooklyn Center's tobacco retail environment. By bringing education and awareness to concerns about places where tobacco is sold, we can work towards strategies that reduce youth exposure to tobacco products and marketing. In the City of Brooklyn Center, observational visits were completed at 20 of 21 businesses licensed to sell. One business was not visited as it is a warehouse distribution center for Holiday and tobacco is not sold tobacco directly to the public from this facility. Tobacco retailers by store tvDe and location Drug store Tobacco only There are 21 tobacco retailers in Brooklyn Center, or -. 0.65 retailers per 1,000 residents, which is lower than Convenience / center for Holid the national average of 1.5. Half of the retailers areay Warehouse distribution convenience stores, but other stores are also accessiblestore with or io to youth.without gas - Mass merchandiser / 3 ordiscouritstore 14% of the retail stores are within 1,000 feet, or a couple of blocks, of schools, compared to 23% of store Hennepin County stores. 48% are within 1,000 feet of parks, which youth frequent. Why it is significant: Researchers define "tobacco swamps" as any area that is double the national average (3+ retailers/l,000 residents). Brooklyn Center would not be considered a tobacco swamp. Location of retailers near areas that youth frequent increases their exposure to tobacco advertising and promotion. In addition, adolescents are frequent shoppers in convenience stores, with 70% of adolescents visiting a convenience store at least once a week. Research shows that the more cigarette marketing teens are exposed to in retail stores, the more likely they are to smoke.' Drug stores and pharmacies are a trusted source of health information, a place people go to buy products for their health, or to help them get better when they are sick. Selling tobacco products is inconsistent with this role. Advertising, product placement, and price promotions a 10 stores have exterior advertisements. - Products most often advertised were cigarettes (menthol and non-menthol) and chew/snuff/dip/snus. o 4 stores have tobacco ads within 3 feet of the floor. - In some cases, there are multiple ads at this level in a store. 3 stores have tobacco products placed within 12 inches of toys, candy, or soda machines. o 45% of stores have price promotions for cigarettes (menthol and non-menthol), and 20% of stores have price promotions for chew/snuff/dip/snus inside the store. Why it is significant: Even if youth do not enter the store, they are likely to be exposed to tobacco marketing through outdoor advertising at tobacco retailers. When inside, there is often an abundance of tobacco products, ads, and price promotions. Children and youth are more likely to see ads and products that are placed near items they are interested in, such as candy and toys, or when they are placed at their sight level. This begins the process of familiarizing children and youth with products, which normalizes tobacco. Tobacco paint-of-sale advertising encourages youth initiation, causes their progression, and discourages cessation!' Flavored products All tobacco retailers sell menthol-flavored cigarettes, and 85% of the stores sell at least one other flavored tobacco product. Tobacco product # of stores selling product 41 of stores selling menthol flavored # of stores selling other flavor (e.g., candy, fruit) Cigarettes 20 20 NA* Cigarillos, little cigars 9 5 6 Large cigars 16 15 15 Chew, snuff, dip, snus 12 12 7 E-cigarette products 10 10 9 *Not applicable Why it is significant: The 2017 Minnesota Youth Tobacco Survey (MYTS) reports that over 60% of students who use tobacco use menthol or other flavored products. iii In 2009, the Federal Tobacco Control Act prohibited flavored cigarettes, except menthol, as they are a gateway for children and youth to become regular smokers. Subsequently, the tobacco industry developed other flavored tobacco products that are not cigarettes. Those products are increasingly popular among youth. Fruit, candy, and alcohol-flavored products with brightly colored packaging appeal toyouth. The flavors mask the harshness and taste of tobacco. Once youth start using one tobacco product, they are more likely to experiment with others. Restricting flavored products to adult-only tobacco shops will reduce youth exposure to these products and prevent youth from starting. The price of a pack of cigarettes ranges from $5.29-$12.90 in Brooklyn Center. The average price is, $8.16, yet over half (27) of stores sell them for less than the average. 14 stores sell single cigar products. - 36% of the single cigar products are flavored (menthol or non-menthol). - Price range of cigars in a single pack/item: $0.89-$6.29, - 2 stores have single cigarillos/little cigars advertised for less than $1. - 5 stores sell single cigars below $2.10, which is the minimum price for cigars that licensed tobacco retailers are permitted to sell in the City of Brooklyn Center, and 11 stores sell single cigars below Minneapolis'and some other metro cities' $2.60 minimum cigar price. Why it is significant: Teens are especially sensitive to price. Every 10% increase in the price of a tobacco product reduces the number ofyouth who smoke by 67%iv Because cigar products are sold in smaller packages, they are cheaper. Raising the prices of tobacco products by requiring a minimum pack size or pricing, or restricting the redemption of coupons, willprevent youth from starting. E-ciaarette and e-ciaarette Droducts • 10 stores sell e-cigarette products, and each of these retailers sell at least one flavored or menthol tobacco product. - The cheapest single disposable e-cigarette is $7.99. 9 stores sell e-juice. - It was difficult for auditors to determine if e-juice packaging was child resistant, which is required by Minnesota state law. Why it is significant: Statewide, one in five high-schoolers uses e-cigarettes, nearly a 50% increase since 2014.v The 2017 MYTS reports that 64% of students who currently use e-cigarettes used menthol or other flavored e-cigarettes in the past 30 days.v In Brooklyn Center, Robbinsdale, and Osseo School Districts (combined), 9 11 and 11 " graders now use e-cigarettes at a much greater rate than conventional tobacco. gth graders use e-cigarettes three times more, and 1 1th graders use e-cigarettes two times more, than conventional tobacco. Products like e-cigarettes often contain liquid nicotine, which is highly addictive, and can harm adolescent brain development. These products are currently unregulatedY" Sources: Campaign forTobaccn-Free Kid,.Trends inTobacco Industry Marketing. Update April 20, 2017. Campaign forlobacco-Fre, Kids. Tobacco Company Marketing to Kids. Update April 28,2017. Minnesota Department of Health. 2017 Minnesota Youth Tobacco Survey fact sheet. Available at: http:u/wvsv,.h,alth.state.mn.us/tobacco/dncs/201 7_myts_factsheet.pdf. Accessed on April 4, 2018. Campaign forlobacco-Free Kids. Raising CigaretteTaxes Reduces Smoking, Especially Among Kids And the Cigarette Companies Know ttl. Update April 1,20t6. Minnesota Department of Health. 2017 Minnesota Youth Tobacco Survey fact sheet. Available at http:I/erema.healtls.state.mn.us/tobaccofdocs/201 7_myts_factsheet.pdL Accessed on April 4, 2018. Minnesota Department of Health. Data Highlights from the 2017 Minnesota Youth Tobacco Survey. Available at http://newv.health.state.mn.us/tobacco/docs/201 7_myts_lsighlights.pdf. Accessed on April 4,2018. Minnesota Student Survey Interagency Team. (2016). Roseville. MN: Minnesota Department of Education. Minnesota Student Survey. shuto4deherthknpronrotprth.relrtp Hennepin County c1L_. Public Health 20180417 U)a)a) c C 0)0 . 0 'U) U) Z y.U)) C _-LO0 C C = EcC >. Cl Et 0U) CU• 0 oca)2 CL w = CD- ooE U 0E C/c -.2 'C.2/DOD ..S: 20.(N0-2C7n,vicm //) U)—U) j3U)0 EU 0)ZDIE Tu 7E E . =(0 0/j)c •0 15 0CJU) ..-E-0o CUE (0 (0U)c ——• a)3 O/I)E E- —E()=0 '2 2 0)- =- 0 E .2 0////DS U)U)2 E2 E CU)CL -0(0 in -0 S-2U)0 "UJEC-Q °o (00)/U)(0-oO 0Q .2•-U). oa_I0-0.C) 0.-0)zjO 0o 4j=EZOE<<< (N 0 0 0) 00 - cLt U) 0_C m Z3 00 CU) 0 0 :5< Cl -c .00) U) U) t E5 TiaEH 0)0 0,W : Q)(00)Th H Work Session Agenda Item No. 2 MEMORANDUM COUNCIL WORK SESSION DATE: May 14,2018 TO: Curt Boganey, Cit T ger FROM: Meg Beekman, Community Development Director SUBJECT: Park Dedication Fees Recommendation: It is recommended that the City Council consider providing direction to staff regarding the adoption of Park Dedication Fees. Background: A city's authority to charge park dedication fees is specifically authorized by State Statute. Minnesota prohibits cities from charging impact fees, with the exception of park dedication fees. The purpose of the exception is in recognition that more people, whether residents or workers, in a community mean more demand for parks, trails, and open space. Cities may charge a certain amount to the developer or property owner which is commiserate with the anticipated demand that a particular development will place on the city's parks and recreation facilities. How much a city may charge, and under what circumstances, is clearly laid out in State Statute. Cities may charge park dedication when a property is being subdivided or replatted to create more intense land uses. The fee may be in the form of land dedication, cash contributions, or a combination of both. The rules regarding how park dedication fees are calculated have changed in the last few years. Most cities charge on a per unit basis, based on the number of housing units in a proposed development, and on a per acre basis for commercial development. According to Statue Statute, this is no longer permissible. The fee must be based on the fair market value of the land at the time the subdivision is occurring. Park dedication fees can only be spent on 1) new parks, open space, and trail amenities based on the approved park system plan; 2) redevelopment or rehabilitation of existing parks, open space, and trail facilities; or 3) debt service in connection with previous improvements to the parks, open space, and trail facilities. Fees cannot be used for ongoing operations or maintenance of parks or recreational facilities, or for any other general fund purpose. Policy Issues: Brooklyn Center has not historically charged park dedication fees on new development. As the City faces redevelopment in the coming years that will likely increase the number of people and employees in the community, it may be a good time to consider creating a park dedication fee. Our Vision: Ue envision Brook/Ya Center as a thriving, diverse community with afuil range of/mousing, business, cultural and recreational offerings It is a safe and inclusive place that people of all ages lave to call home, and visitors enjoy clue to its convenient location and commitment to a healthy environment 1i1IIAI While the fee is set, and would apply to all subdivisions of land equally, through a PUD negotiation a city could choose to increase or decrease the park dedication fee in exchange for other concessions or amenities from the developer. Staff is seeking direction on the following items: • Does Council want to explore adopting park dedication fees? • If so, what questions, or concerns, does the Council have that would need to be addressed prior to action being taken? If the Council directs staff to proceed with exploring this amendment, Staff recommends having the Parks and Recreation Commission review the item and make a recommendation to the City Council. Our Vision: We envision Brooklyn Center as a thriving, diverse communiN with afull range of housing, business, cultural and recreational offerings. Jr is a safe and inclusive place that people of all ages lave to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Work Session Agenda Item No. 3 kU ak'i 0) 1 DATE: May 7, 2018 TO: Curt Boganey, Ci ager FROM: Tim Gannon, Police Chief—çQ- SUBJECT: Median Safety Initiative Recommendation: It is recommended that the City Council consider providing direction to staff regarding the creation of an ordinance that addresses pedestrians standing on roadway medians for prolonged periods of time. Background: In recent years, Brooklyn Center and other cities throughout the nation have seen a substantial increase in pedestrians occupying medians for extended periods of time. The purposes of occupying medians does vary from protesting, panhandling, or advertising. Regardless of the reason, it has had an impact on public safety for both pedestrians and motorists alike. Historically, medians were created to offer a barrier between traffic traveling in opposite directions while supporting a traffic light. They were also created to allow pedestrians a safe temporary resting spot to await a light change if unable to cross a roadway in a single traffic light rotation. With those original purposes in mind, medians were created to be raised above the roadway and usually narrow in width. With the increase of (most notably) panhandling activities on medians, there have been several attempts to regulate that specific activity by various elected bodies. Most attempts have failed, as the Courts have ruled those regulations violate First Amendment Rights of Freedom of Speech. Those previous attempts have focused on a specific behavior and may have allowed other activity in the same space or have been overly broad in their restrictions. Lastly, Courts have been opposed to creating new laws or ordinances to address a concern that may already be addressed by current laws. As staff have continued to research this topic and have assessed regional and national Court challenges, it is believed a narrowly focused ordinance that is content neutral and public safety focused could survive legal challenges. During research, it was clear there are no current laws or statutes that could be used to address this public safety concern. Our Vision: We envision Brooklyn Center as a thriving, diverse community with afiull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to it s convenient location and commitment to a healthy environment IhY4I3W'A (I) I!iiI) ti i iJO)I Attached is just one of many e-mails I, as the Police Chief, have received from concerned citizens this past year: Thanks much for the response. I would encourage you to work with the city council to pass an ordinance making it illegal to stand in intersection medians for more than the length of time for the crosswalks to cycle. Pedestrians permanently positioned in these medians are a road hazard and distraction to drivers that puts everyone at unnecessary risk. There are ways to resolve the issue by using legitimate reasons to adjust panhandler behavior. Policy Issues: Does the City Council support further analysis and research on a possible ordinance regarding median safety? Does the City Council have any specific concerns or questions regarding median safety after having been presented with the PowerPoint presentation? Strategic Priorities: • Safe, Secure, Stable Community Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Work Session Agenda Item No. 4 MEMORANDUM COUNCIL WORK SESSION DATE: May 14,2018 TO: Curt B'ey, City Manager FROM: Meg Beekman, Community Development Director SUBJECT: 2040 Comprehensive Plan - Joint Work Session Schedule Recommendation: It is recommended that the City Council review the proposed meeting schedule for the 2040 Comprehensive Plan process and provide direction to staff on workable meeting dates. Background: The City is in the process of updating the Comprehensive Plan. Due to the truncated timeline for the project, and limited budget, it was determined that the Planning Commission would act as the primary task force to conduct the update. The Planning Commission has dedicated one meeting a month for the past several months, and will continue to do so through the summer, in order to complete their work. In order to keep the Council up to date on the process, and to ensure that the Planning Commission's work is in keeping with the City Council's goals and objectives, staff is recommending two joint work sessions between the Planning Commission and the City Council that will allow time to go over the plan, get input from the Council, and update the Council on the status of the project. 2040 Comprehensive Plan Meeting Schedule: The Planning Commission will continue to meet and provide input to staff and the consultant on drafting the plan. In addition, staff will be meeting with the Housing Commission, the Parks Commission, and the Multi-cultural Advisory Commission in May to engage them in the process. It is anticipated that by the end of June much of the document will have been drafted, draft goals for each chapter will have been identified, and the Planning Commission will be beginning work on the Implementation Chapter. This will be a good point to engage the City Council on the process to date, as well as the identified goals and possible implementation methods. Staff is recommending that a joint work session be held on July 9th from 5-6:45 pm, prior to the regular meeting, in order to accomplish this task. Staff is requesting that a second joint work session take place on August 13th, again from 5- 6:45 pm, prior to the regular meeting. The purpose of this meeting will be for the Planning Commission to present the final draft to the City Council and obtain final input prior to the Planning Commission holding the official public hearing for the document on August 30th, Our Vision: Ve envision Brooklyn Center as a thriving, diverse community with afuil range of housing. business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to ci healthy environ/neat kU3kIO) iIIWJ Assuming the Planning Commission recommends approval, the final draft plan would go to the Council for approval on September 10th• This would then trigger the 6-month surrounding jurisdictional review period. A final public hearing and adoption of the plan would then occur in April after the 6-month review period has ended. Our Vision: We envision Brooki n Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment