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HomeMy WebLinkAbout2009 07-27 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION July 27, 2009 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn 0 a CITY COUNCIL MEETING City of Brooklyn Center July 27, 2009 1. Informal Open Forum with City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance b. Licenses AGENDA 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. July 13, 2009 Study Session 2. July 13, 2009 Regular Session 3. July 20, 2009 Joint Work Session with Financial Commission c. Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Center Lions Club to Conduct Lawful Gambling at Chilitos Mexican Grill, 2101 Freeway Boulevard, Brooklyn Center, Minnesota d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees CITY COUNCIL AGENDA -2- July 27, 2009 7. Presentations Proclamations /Recognitions/Donations a. Annual Report Community Mediation Services Inc. Requested Council Action: Motion to receive report. b. Resolution Expressing Appreciation for the Donation of Medtronic Corporation in Support of the Earle Brown Days Festival Requested Council Action: Motion to adopt resolution. C. Resolution Expressing Appreciation for the Donation of the Brooklyn Center Lions Club in Support of the 2009 Holly Sunday Activities Requested Council Action: Motion to adopt resolution. d. Resolution Expressing Appreciation for the Donation of the Brooklyn Center Cub Foods Store in Support of the 2009 Earle Brown Days Festival Requested Council Action: Motion to adopt resolution. 8. Public Hearings None 9. Planning Commission Items None 10. Council Consideration Items a. Provisional Rental Dwelling License 5301 Dupont Avenue North Requested Council Action: Review mitigation plan. Motion to approve, disapprove, or approve with conditions the six -month provisional rental dwelling license application and the mitigation plan. b. Resolution Accepting a Donation of Land (Palmer Lake Park Margaret Differ Parcel) Requested Council Action: Motion to adopt resolution. 11. Council Report 12. Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JULY 13, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Acting City Manager/Director of Fiscal Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Community Development Director Gary Eitel, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich requested staff to look into the ability for him to conference call into the July 20, 2009, joint meeting with the Financial Commission. Councilmember Yelich requested discussion on agenda item 6e, specifically in relation to the contract amount of $270,000 with SEH, Inc. and whether a good value was received with the SEH, Inc. contract on the Xerxes Avenue project. Public Works Director /City Engineer Steve Lillehaug provided information on the work to be done by SEH, Inc. with the Bass Lake Road project. He advised he believes the City is receiving a good value for the dollars that will be spent with SEH, Inc. on this project. He has worked with SEH, Inc. significantly on the proposal through several iterations to bring the costs down further. This is a very involved project, working with Three Rivers Park District, Hennepin County, MnDOT, and the federal stimulus package, as well as potentially acquiring easements from adjacent properties. Also, SEH, Inc. will be paid on an hourly basis with a not -to- exceed amount, and there is not a lot of time to complete this project. Councilmember Yelich indicated a resident inquired about the trees on Xerxes Avenue and also questioned if the trees with this project will be salt tolerant. Mr. Lillehaug replied that with the Bass Lake Road project it will be taken a step up to ensure that the trees are planted in a more sustainable environment. He will ensure that the trees on Xerxes Avenue are what were called for with the project. Councilmember Roche questioned if the possible alternate bike trail route parallel to Highway 100 that was previously discussed is being considered as a component of this project. Mr. Lillehaug replied it would not be a component of this project; it would be a future element to a regional trail. 07/13/09 -1- DRAFT I Councilmember Roche requested staff to look into removing the "For Sale" sign at the former Ground Round site purchased by the City. Councilmember Lasman requested discussion on agenda item 6f, specifically in relation to whether the State requirement on Truth in Taxation meetings has changed. Acting City Manager /Director of Fiscal Support. Services Dan Jordet explained State Statute indicates that Truth in Taxation meetings are no longer necessary, but there still needs to be a public meeting forum to gather input from the public. He and City Manager Boganey have discussed several different options, possibly spacing the meetings earlier in the budget process in order to get more workable input. At this point staff has not determined what will be recommended. There was discussion on the public meeting requirements associated with the budget. It was noted that the City should ensure that there is good communication to the public about the meetings that will be held, transparency in the process, and receiving the input early enough in the process. Mr. Jordet indicated in relation to agenda item 10a, the City Prosecutor informed staff this afternoon that the past due property taxes have been paid for Brookhaven as of today. The City Clerk called Hennepin County to verify this; all of the due taxes plus penalties and interest have been paid. The City Prosecutor has recommended that the hearing be removed from tonight's agenda. The only issue in this hearing was payment of taxes. There was discussion on applying penalties in situations when a lot of staff time is expended due to irresponsible behavior such as the above in paying taxes in a timely manner. Mr. Jordet explained that tax collection and policy is under the purview of the County. It may be difficult to get the County to collect an additional fee to pass on to the City. He is not certain that the City has the authority to collect this type of penalty, but it can be looked into by staff. Councilmember Roche questioned if there should be written documentation confirming the receipt of tax payment prior to removing this item from the agenda. Mr. Jordet recommended that relying on the appropriate staff to provide this information seems to be the most effective way to handle the situation. There was discussion on the cost of doing business and whether there is confidence that the administrative overhead is being covered by rental license fees. Mr. Jordet explained there are a number of fees the City charges based on general cost accounting. In the process of building the budget, the costing of fees tends to be based more on market and comparative factors than the actual cost of the process, because it can vary from situation to situation. If they find there is an area that is giving them constant problems they may want to consider changing the fee if it is in the City's authority to do so. It was noted that Mr. Boganey had previously advised on the need to be careful to not charge more than is actually being used for fees relating to administrative services. 07/13/09 -2- DRAFT MISCELLANEOUS Councilmember Lasman noted at the last City Council meeting she had requested that staff look, into checking with Brookdale about implementing the carnival held there with Earle Brown Days. Since that time she has spoken with some of the Earle Brown Days committee members, and they would prefer not to have that action taken. She requested that any inquiries of this type be halted and that the events remain separate. Mayor Willson stated there has been discussion within City staff and at Mr. Boganey's level on Councilmember Roche's actions just prior to the Earle Brown Days parade in relation to signage that had been placed in the right -of -way. He expressed concern regarding Councilmember Roche's demeanor in the situation and that he provided direction to City staff after staff had been given direction by the City Manager based on City ordinances. Councilmember Roche replied he felt this was water under the bridge and that there had been an overreaction. He indicated he had tried to visit someone from the Earle Brown Days Committee that was not available, and the offer was made to see Jim Glasoe. They had a nice conversation and there was no manipulation. He stated it should be noted that the signs went up where there were pre- existing City signs for the Fire Department waffle breakfast that stayed up through the weekend while the subject signs were taken down immediately. He indicated he may look into a waiver for sign placement next year. Mayor Willson stated a waiver would be Council policy. He stated according to the City Charter, Council Members may have less rights than citizens in talking to staff. If there are issues, the members of the Council should be going through the City Manager in all cases. DISCUSSION I N O F WORK SESSION AGENDA ITEMS AS TIME PERMITS O S O There was none. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:43 p.m. Motion aased unanimously. P I 07/13/09 -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 JULY 13, 2009 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Acting City Manager/Director of Fiscal Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mr. Paul Miller and Mr. Brad Schumacher Shoemiller Properties, addressed the City Council P tY and stated their concern regarding rental licenses for 1513, 1519, 1525, and 1531 Humboldt Place N. Mr. Schumacher stated Shoemiller Properties purchased property at Humboldt Place and they are struggling with rental licenses. They had requested to have a rental license for the building with 1513 and 1519 and were told that two rental licenses would be required, even though the units are in one building, and they own both sides of the building. Staff suggested they talk to the City Council to determine if there could be one rental license per building. He stated they have done work and are willing to do work, but they do not think it is necessary to charge $450 per side of a building when there is one roof, one deck, and it is all connected. Mr. Miller stated they would like to take the additional funds and beautify the property instead of spending it on rental licenses. As a resident of Brooklyn Center for 40 plus years he is not going anywhere; he invests his savings in Brooklyn Center. Ms. Jo Roberts, Link Associates at 5400 France Avenue N, addressed the City Council and stated she would like to bring a couple of things to the attention of the City Council regarding rental licensing. She stated there are a lot of problems with people who come to apply for rental licenses that have already had renters in the property for several months. The problem is if they go to the City and apply for a license there is a procedure that needs to be followed. They pay the fee and the City goes out to look at the property. Once the owner has made the necessary corrections for code it comes to the City Council to grant the rental license. She stated this is not happening. If the owner decides not to fix the property the way it needs to be the tenants are out on the street. This also affects the City because these ordinances and codes are put in place for a 07/13/09 -1- DRAFT reason, to protect the citizens and for people to know there are rules that need to be followed. She stated what is happening is that the owners are having the tenants there for four to five months before the rental license is approved. Ms. Roberts stated she went to all the properties with rental licenses approved at the last City Council meeting. Some people had been there four months, some six months. Only four of the properties did not have a renter yet prior to the licensing approval. Acting City Manager /Director of Fiscal Support Services Dan Jordet verified that the City Council would like information from staff back on the two appearances at the Open Forum tonight before deciding how to proceed. Councilmember Roche moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order b Mayor Tim Willson Y tY g Y Y at 7:01 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Acting City Manager/Director of Fiscal Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Roche seconded to approve the Agenda and Consent Agenda, as amended, with the removal of agenda item 10a, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 22, 2009 Study Session 2. June 22, 2009 Regular Session 07/13/09 -2- DRAFT 3. June 22, 2009 Work Session 6b. LICENSES AMUSEMENT DEVICES American Amusement Arcades 2100 West 96 St, Bloomington Vend It LLC 5405 10 Avenue S, Minneapolis GARBAGE HAULER Ace Solid Waste Inc. 6601 McKinley Street NW, Ramsey Farmers Union Industries LLC dba Midwest Grease P.O. Box 26. Redwood Falls Haugen's Haulers Inc. 7386 31 Street SE, Buffalo Jate Mies Inc. dba Garbage Man 8289 Mississippi Blvd, Coon Rapids Randy's Sanitation Inc. P.O. Box 169, Delano Waste Management Blaine 10050 Naples Street NE, Blaine MECHANICAL VanKick Heating Air 4505 Crosstown Blvd NE, Ham Lake Forced Air One 6768 158 Lane NW, Ramsey RENTAL INITIAL 300663 d Ave N John and Anita Landry 4700 63` Ave N Shuang Lin 4518 65 Ave N Ernest Anyanwu 4407 66 Ave N Sarah Bateman 4806 69 Ave N Shuang Lin 2406 Ericon Dr Gary Brummer 5214 Ewing Ave N My Truong 7018 France Ave N Gary Brummer 5401 Humboldt Ave N William Book 6212 Kyle Ave N Kristine Rousseau 4104 Lakeside Ave N Dan Mazzuco 7130 Logan Ave N James Julie Kazmierkoski 5332 Morgan Ave N James Waters 3318 Mumford Rd Beng Thao 5312 Newton Ave N Pavel Sakurets 6830 Perry Ave N Ming Yao Zheng RENEWAL 5800 Logan Ave N Lilacs Farnaz Toussi 1335 67 Ln N Dennis and Shannon Dane 6005 Admiral PI Dan Soffa 5807 Drew Ave N Drew Kabanuk 07/13/09 -3- DRAFT 5637 Emerson Ave N Douglas Pederson 5707 Emerson Ave N Lois Frost 6301 Grimes Ave N Mai Kao Her 5517 Knox Ave N Roger Harris 5820 Logan Ave N Farnaz Toussi 6342 Orchard Ave N Art Zink 6906 Toledo Ave N Edward Roe 6637 Xerxes PI N Douglas Finch 6012 Zenith Ave N Hearthstone Properties 6c. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY THE CHURCH OF ST. ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD AUGUST 1 AND 2, 2009 6d. RESOLUTION NO. 2009 -83 MODIFYING CERTIFIED ASSESSMENTS FROM MARCH 9, 2009, UNPAID UTILITY CHARGES ASSESSMENT ROLL 6e. RESOLUTION NO. 2009 -84 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES, BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS, PROJECT NO. 2009-18 6f. AMEND 2009 CITY COUNCIL MEETING SCHEDULE TO ADD JULY 20, 2009, BUDGET WORK SESSION; RESCHEDULE AUGUST 17, 2009, BUDGET WORK SESSION TO TUESDAY, AUGUST 25, 2009; ADD AUGUST 31, 2009, BUDGET WORK SESSION; ADD NOVEMBER 30, 2009, 2010 BUDGET HEARING; REMOVE /CANCEL DECEMBER 7, 2009, INITIAL TRUTH IN TAXATION HEARING AND DECEMBER 14, 2009, CONTINUATION TRUTH IN TAXATION HEARING 6g. RESOLUTION NO. 2009 -85 ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2009, FROM THE HENNEPIN COUNTY CHIEFS OF POLICE ASSOCIATION MUTUAL AID PACK Motion passed unanimously. 7. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 2009 AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH Mr. Jordet introduced the item and stated the purpose of the proposed proclamation. 07/13/09 -4- DRAFT Mayor Willson recited the proclamation declaring the month of September 2009 as National Alcohol and Drug Addiction Recovery Month. Councilmember Lasman moved and Councilmember Roche seconded to adopt the Proclamation Declaring the Month of September 2009 as National Alcohol and Drug Addiction Recovery Month. Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2009 -05 AMENDING SECTION 1-265 OF THE CITY CODE OF ORDINANCES RELATING TO REGISTRATION OF DANGEROUS DOGS Mr. Jordet introduced the item and discussed the history of the proposed ordinance. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Councilmember Roche moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to adopt ORDINANCE NO. 2009 -05 Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. HEARING FOR HYDER JAWEED, HOLDINGFORD INVESTMENTS, LLC., REGARDING RENTAL PROPERTY LOCATED AT BROOKHAVEN APARTMENTS (3907, 3909, AND 391165 1H AVENUE NORTH) Removed from the agenda. 10b. RESOLUTION NO. 2009 -86 DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN FOR THE BASS LAKE ROAD 07/13/09 -5- DRAFT STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS PROJECT NO. i 2009 -18 Mr. Jordet introduced the item, discussed the history, and stated the purpose of the proposed resolution. Public Works Director /City Engineer Steve Lillehaug provided an overview of the request for authorization for the acquisition of certain property by proceedings in eminent domain for the Bass Lake Road Streetscape and Regional Trail Improvements Project No. 2009 -18. There was discussion on acquiring �'Y uirin the necessary easements through dedicatio n by the prop owners. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-86 Determining he Necessity for and Authorizing Acquisition of the Ac g tY g q Certain Property by Proceedings in Eminent Domain for the Bass Lake Road Streetscape and Regional Trail Improvements Project No. 2009 -18. Motion passed unanimously. 10c. RESOLUTION NO. 2009 -87 AUTHORIZING TRANSFER OF FUNDS TO EARLE BROWN HERITAGE CENTER CAPITAL FUND Mr. Jordet introduced the item discussed the history, tated the purpose of the proposed i rY� pm'P p P resolution and answered uestions of the City Council He explained that the amount available q tY ex p for transfer has been calculated to be $374,518. Staff is recommending that only $300,000 of that amount be transferred. The remaining $74,000 should provide an extra margin of safety for cashflow. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -87 Authorizing Transfer of Funds to Earle Brown Heritage Center Capital Fund. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported that free prescription discount cards are available to Brooklyn Center residents. This is an opportunity for anyone who has prescription drug needs not covered by insurance to receive discounts at local retail pharmacy chains. Councilmember Lasman reported on her attendance at the following events: June 25, 2009, Earle Brown Days Parade June 25, 2009, Brooklyn Center Business Association Luncheon. Brooklyn Center School District Superintendent Lester spoke on community schools and the concept being used in the Brooklyn Center School District. 07/13/09 -6- DRAFT June 25, 2009, Twin West Chamber of Commerce Networking meeting July 10, 2009, Relay for Life at Brooklyn Center High School Councilmember Roche reported on the following: Receipt of a letter submitted expressing concern that Brookdale is almost empty and new businesses are not coming to Brooklyn Center. This is not the case. They are working at getting a reboot going in this community with Bass Lake Road. Famers Market is open at Brookdale Mall, 8 a.m. to 1 p.m. Community gardens have been established and are growing in the City. There is one located at 69 and Humboldt Avenues North and at the corner of Bass Lake Road and Brooklyn Boulevard. There were a series of events at Firehouse Park resulting in the hoops being torn down on a temporary basis until peace and calm is reestablished. Hopefully down the road the Georgetown apartment complex will decide to put hoops and a picnic shelter on their own property. Attendance at the Twin Lake neighborhood meeting regarding crime that had spiked in the area. Thank you to everyone for being solution oriented. Attendance at the Earle Brown Days parade and events. Grand View Park neighborhood meeting is scheduled for July 23 at 6 p.m. with dinner Councilmember Ryan reported on the following: Earle Brown Days parade and events June 30, 2009, neighborhood meeting at Lakeside Park with the Twin Lakes i neighborhood to address public safety and nuisance issues in the neighborhood. July 10, 2009, 14 Annual Relay for Life at Brooklyn Center High School. Mayor Willson reported on the following: June 25, 2009, Twin West Chamber of Commerce Networking meeting June 25, 2009, Earle Brown Days Parade June 29, 2009, meeting with the City Manager regarding budget issues June 30, 2009, Brooklyn Youth Alliance Steering Committee as Co -Chair June 30, 2009, neighborhood meeting at Lakeside Park with the Twin Lakes neighborhood July 7, 2009, Brooklyn Youth Alliance meeting. The next meeting will be November 3, 2009, tentatively at the Brooklyn Center City Hall. 12. ADJOURNMENT Councilmember Roche moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:44 p.m. Motion passed unanimously. 07/13/09 -7- 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 JOINT WORK SESSION WITH FINANCIAL COMMISSION JULY 20, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman and Dan Ryan. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, and City Clerk Sharon Knutson. Financial Commissioner Rex Newman was also present. BUDGET POLICIES REVIEW City Manager Curt Boganey introduced the budget policies and informed that the policies can be found in the City Council Reference Book. Fiscal and Support Services Director Dan Jordet reviewed the current budget policies as follows: 1. Diversified Stable Revenue System 2. Objective, conservative analysis 3. City will not incur debt to support operations 4. General Fund budget will be balanced 5. Current revenues will be used to pay current expenditures 6. Contingency not to exceed 5% of total 7. Funding of Social Services dependent on: a. Joint Powers Agreement b. Service unique to the City c. Service addresses important community need d. Not a duplicate service e. Other funding sources contribute f. Service administrative costs are reasonable g. Funding request considered in terms of overall budget needs 8. Emergency Capital Fund shall be held at $1 Million minimum 07/20/09 -1- DRAFT 2010 REVENUE FORECAST Mr. Jordet reviewed draft scenarios of the limited levy, police and fire levy, foreclosure levy, 2004A bonds levy, HRA levy, and 2008 and 2009 LGA unallotments. He explained the police and fire levy was used for the first time in 2009, and the 2008 and 2009 LGA unallotments may only be used in 2010. He said market value has increased for commercial property and dropped for industrial and residential properties. He reviewed the median tax capacity, tax extension rate, and City tax capacity tax based on a median valued home of $156,600. There was discussion regarding General Fund revenues and resources. The City Council indicated it is very important for staff to look at license fees, permits fees, and services and make a conservative estimate. Further discussion ensued regarding LGA and expectations from the State. It was noted that the State is an unreliable partner, and LGA needs to be budgeted carefully so that if it is unallotted, there is the least possible impact on City operations. STRATEGIC GOALS/BUDGET OUTCOMES PRIORITIZATION Mr. Boganey referred the City Council and Financial Commissioner to the worksheet provided in the Council packet regarding strategic goals and desired outcomes. He said this is a tool that will help him allocate the resources to be consistent with the City Council goals and direction. He said there are six strategic goals listed, and he asked that each member make a checkmark by each goal as to whether City staff progress or effort needs to be enhanced, reduced, or kept at the current level. He then asked the members to make a note in the area under the activity level checked if they have specific changes for that strategic goal. The City Council and Financial Commissioner spent about 20 minutes completing the worksheets. Mr. Boganey tallied the results from the members as follows: 1. We will have a safe and secure communit a parks monitored large gatherings; look at how it's managed trails safety crime relocation gang activity 07/20/09 -2- DRAFT 2. Aggressively proceed with City redevelopment r mu' �k:... rte.:;; maintain good market driven staff relationships with resources could be development directed elsewhere community maintain readiness for development 3. Stabilize and improve residential neighborhoods Jg­ h ensure repeat offenders are held accountable 4. Positively address the community demogra hic makeup and increasing cultural diversity 1 �u tt pursue all Brooklyn Center is demographic already diverse and groups to serve on there are activities committees and available involving all commissions demographic groups 5. Continue to maintain and improve City infrastructure enhance the next 15 -year cycle do not want to fall behind to enhance capital improvements multi -modal transportation is more of a Metro Council issue keep the street reconstruction schedule 07/20/09 -3- DRAFT 6. Effectively respond to the increased public awareness and interest in environmental sustainability and "green community" issues 5 �p community garden not the time for "green" does not always concept new initiatives have payback or is cost- effective MAYOR'S DISCUSSION ITEMS COUNCIL SALARIES 2010 AND 2011 COUNCIL AND STAFF OUT OF STATE TRAVEL EMPLOYEE WAGES Mr. Boganey said the Mayor had suggested these items be added to a Work Session for discussion. He provided a draft wage cost worksheet for employees, which considers the same salary structure as 2009 and no changes to current contracts. He explained that the 2010 base increase of $194,670 includes pay grade /step increases, educational incentives, and costs associated with grant funded positions. He said all union contracts will expire the end of 2009. There was discussion regarding Brooklyn Center resident perception if wages are increased during these tough economic times, and in turn the possible loss of valuable employees if there are no incentives or adequate compensation. It was noted that a 0% increase or wage freeze is an exception to the policy under extraordinary circumstances. Discussion ensued regarding out of state travel and the benefits received by all; however, it was noted that Brooklyn Center unemployment is over 10% and the residents expect to see the City make sacrifices. Mr. Boganey stated that all staff out of state travel is approved by him. He discussed that there are only a handful of employees who travel out of state for educational purposes and the benefit of the City. Mr. Jordet responded that it amounts to approximately $6,000. The Mayor stated there will need to be further discussion regarding employee wages, Council salaries, and out of state travel. ADJOURN Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at 8:43 p.m. Motion passed unanimously 07/20/09 -4- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: July 21, 2009 9 SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its July 27, 2009, meeting. 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 DEVICES Regal Cinemas 6420 Camden Avenue Mendota Valley Amusement, Inc. 1107193 d Avenue N, Maple Grove GARBAGE HAULER Budget Waste Systems, LLC 3516 East Lake Street, Minneapolis LIOUOR CLASS D ON -SALE INTOXICATING. SUNDAY. AND OPTIONAL 2 A.M. Robert J. Cardinal /Gemstone Nuggets, Inc. dba Chilitos Mexican Grill 2101 Freeway Blvd MECHANICAL Ductworks Heating and Air 6108 Olson Memorial Hwy, Golden Valley E H Enterprises of Alexandria 2510 Broadway Street, Alexandria RENTAL See attached report. SIGN HANGER Demars Signs 41093 d Avenue NW, Coon Rapids 4 W BROOKLYN CENTER 1T 1 Op f00[!i!1 Ct4Tti POLICE DEPARTMENT MN MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Scott Bechthold, Chief of Police SUBJECT: Background Investigation Chilitos Mexican Grill DATE: July 23, 2009 The background investigation of Gemstone Nuggets, Inc., and individually Robert Cardinal, for an on -sale intoxicating liquor license from the City of Brooklyn Center for Chilitos Mexican Grill has been completed. The application had been previously sent to Council with a recommendation for denial, which included: 1. The applicant made false statement on the application in violation of City Code 11 -111; and, 2. The applicant is not the real party in interest or beneficial owner of the business; in violation of City Code 11 -116, paragraph 5. After this recommendation was submitted, the applicant and his attorney requested a meeting with city staff to revisit the reasons for denial. Representing the City was City Attorney Charlie Lefevre, Commander Mike Reynolds, Detective John Ratajczyk and I. The discussion prompted further investigation, whereby, the police department is now satisfied that: 1. It was a miscommunication between Mr. Cardinal and the candidate for the position of general manager, which led to the appearance of a false statement on the liquor license application; 2. Mr. Cardinal is the real party in interest for the business. The most recent investigation found no disqualifying information that would preclude the issuance of a liquor license to the applicant. If you have any further questions, please contact me. /sb Rental Licenses for Council Approval on July 27, 2009 InspectorClerkClerkClerkPoliceUtilitiesAssessing DwellingRenewalUnpaidUnpaid Property AddressOwnerCalls for Service Typeor InitialUtilitiesTaxes 7230 West River Rd1 Bldg 4 UnitsInitialNedim FrljNone per 12-913 OrdinanceOKOK 909 58th Ave NSingle FamilyInitialClinton BlaiserNone per 12-911 OrdinanceOKOK 3912 58th Ave NSingle FamilyInitialLin Shuang, LLCNone per 12-911 OrdinanceOKOK 3824 61st Ave NSingle FamilyInitialJem Realty LLCNone per 12-911 OrdinanceOKOK 1207 65th Ave NSingle FamilyInitialTech UngNone per 12-911 OrdinanceOKOK 2925 69th Ln NSingle FamilyInitialErik TamteNone per 12-911 OrdinanceOKOK 5701 Bryant Ave NSingle FamilyInitialLin Shuang, LLCNone per 12-911 OrdinanceOKOK 6207 Dupont Ave NSingle FamilyInitialThomas LeNone per 12-911 OrdinanceOKOK 6014 Girard Ave NSingle FamilyInitialDoug WahlNone per 12-911 OrdinanceOKOK 6819 Humboldt Ave N A302Single FamilyInitialRaymond CharestNone per 12-911 OrdinanceOKOK 6819 Humboldt Ave N A303Single FamilyInitialRaymond CharestNone per 12-911 OrdinanceOKOK 1519 Humboldt Pl NSingle FamilyInitialShoemiller PropertiesNone per 12-911 OrdinanceOKOK 6573 Riverwood LnSingle FamilyInitialBetty Gundersen-HarganNone per 12-911 OrdinanceOKOK 6437 Scott Ave NSingle FamilyInitialGreg GervlisNone per 12-911 OrdinanceOKOK 3806 Urban Ave NSingle FamilyInitialGreg GervlisNone per 12-911 OrdinanceOKOK 3700 55th Ave NSingle FamilyRenewalRonald SonnekNone per 12-911 OrdinanceOKOK 7137 Grimes Ave NSingle FamilyRenewalShawn Banks1-Disturbing Peace per 12-911 OrdinanceOKOK 6813 Humboldt Ave N B103Single FamilyRenewalRobert PerriNone per 12-911 OrdinanceOKOK 6813 Humboldt Ave N B104Single FamilyRenewalRobert PerriNone per 12-911 OrdinanceOKOK 5600 Judy LnSingle FamilyRenewalNita MorlockNone per 12-911 OrdinanceOKOK 6206 Noble Ave NSingle FamilyRenewalEdward RoeNone per 12-911 OrdinanceOKOK .City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Bogan ey, City Manager i FROM: Sharon Knutson, City Clerk, 10AM q4 0t& t DA u 2 2 0 9 DATE: July 0 0 Y SUBJECT: Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Center Lions Club to Conduct Lawful Gambling at Chilitos Mexican Grill, 2101 Freeway Boulevard, Brooklyn Center, Minnesota Recommendation: It is recommended that the City Council consider adoption of Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Center Lions Club to Conduct Lawful Gambling at Chilitos Mexican Grill, 2101 Freeway Boulevard, Brooklyn Center, Minnesota. Background: The Brooklyn Center Lions Club has submitted a Minnesota Lawful Gambling Premises Permit Application to conduct lawful gambling at Chilitos Mexican Grill, 2101 Freeway Boulevard, Brooklyn Center. A background investigation has been conducted by the Brooklyn Center Police Department which indicates the investigation did not reveal any issues that would prohibit the issuance of the license. Minn. Stat. 349.313 Subd. 2. Local approval. Before issuing or renewing a premises permit or bingo hall license, the board must notify the city council of the statutory or home rule city in which the organization's premises or the bingo hall is located or, if the premises or hall is located outside a city, the county board of the county and the town board of the town where the premises or hall is located. The board may require organizations or bingo halls to notify the appropriate local government at the time of application. This required notification is sufficient to constitute the notice required by this subdivision. The board may not issue or renew a premises permit or bingo hall license unless the organization submits a resolution from the city council or county board approving the premises permit or bingo hall license. The resolution must have been adopted within 90 days of the date of application for the new or renewed permit or license. Attached is a resolution for City Council consideration to authorize approval of the issuance of a premises permit for Brooklyn Center Lions Club to conduct lawful gambling at Chilitos Mexican Grill, 2101 Freeway Boulevard, Brooklyn Center, Minnesota. Budget Issues: There are no budget issues to consider. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT CHILITOS MEXICAN GRILL, 2101 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA WHEREAS, the Brooklyn Center Lions Club has submitted a Minnesota Lawful Gambling Premises Permit Application to conduct lawful gambling at Chilitos Mexican Grill, 2101 Freeway Boulevard, Brooklyn Center, Minnesota; and WHEREAS, the Minnesota Gambling Control Board requires a municipality to submit a resolution authorizing approval of the issuance of any lawful gambling premises permit within its borders; and WHEREAS, the Brooklyn Center Lions Club has submitted all appropriate and necessary documentation for the premises permit and a background investigation has been conducted by the Brooklyn Center Police Department regarding all named gambling managers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; and WHEREAS, the Brooklyn Center Lions Club agrees to provide to the City of Brooklyn Center each month copies of the monthly reports they submit to the Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the issuance of a premises permit to the Brooklyn Center Lions Club to conduct lawful gambling at Chilitos Mexican Grill, 2101 Freeway Boulevard, Brooklyn Center, Minnesota, is hereby approved. July 27, 2009 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. 6d COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager V t istant FROM: Vickie Schleuning, City Manager/Director of Building &Community Standards Steve Lillehaug, Director of Public Works /City Engineer 5M DATE: July 27, 2009 SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the city tree inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20 -301to 20 -306 and has historically focused on Dutch Elm disease. Property owners are given the opportunity to remove the diseased tree on their own or enter an agreement to allow the city to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter an agreement, the city will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right -of -way and on City property is included in the 2009 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the respective property owner, and if unpaid, is specially assessed to the property. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20 -301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED b the City Council of the City of Y Brooklyn Center that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance. Property Owner Property Address Tree No. Vincent L Enger 5744 Bryant Ave N Elm (2 1) LR9 LLC 909 58 Ave N Elm (22) Elm (23) John K Trautmann 1 2919 W Ave N I Elm (24) Earl A Krueth 5637 Girard Ave N Elm (27) Patricia Scarlato 7215 Lee Ave N Elm (28) Angus S Mceachern 5800 Halifax Ave N Elm (29) Shannon D Luoma 6037 Colfax Ave N Elm (3 0) Joel T Van Den Boom 6907 Palmer Lake Dr W Elm (32) Luis Hernandez 6907 Grimes Ave N Elm (33) Indra Goberdhan 5801 Drew Ave N Elm (34) Nhut Dang 3707 5e Ave N Elm (37) Julie A Thompson 4816 Twin Lake Ave Elm (3 8) Daniel D Dropps 7113 Halifax Ave N Elm (39) Harold Barry 6801 Ewing Ave N Elm (4 1) Michael E Vita 3507 Violet Ave N Elm (42) Joshua Kidd 6225 France Ave N Elm (45) Scott P Egan 4106 62 Ave N Ehn (46) Vincent R Llanas 6126 June Ave N Elm (47) Daniel A Stanislawski 1 3612 Violet Ave N Elm (48) Michael Gonzales 5825 Pearson Dr Elm (49) Wanda M Larson 5826 Ewing Ave N Elm (50) Tracy Strandmark 5800 Irving Ave N Elm (5 1) Citimortgage Inc 3608 Admiral Lane Elm (52) Jasa Family Limited 5637 Brooklyn Blvd Elm (53) Partnership Elm (54) Elm (55) Elm (56) Naudeanne C St Hilaire 5901 Bryant Ave n Elm (57) Elm (58) 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. Date Tim Willson, 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. 7a OT City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Brooklyn Center City Council FROM: Curt Boganey, City Manag6t DATE: July 22, 2009 SUBJECT: Annual Report- Community Mediation Services Inc Recommendation: It is recommended that the City Council receive the verbal report. Background: Beth Bailey Allen, Executive Director of Community Mediation Services will be present on Monday to provide a report of services rendered to The City of Brooklyn Center. Last year the City contributed $4,000 in support of these services. A request for an equal amount has been requested for the 2010 budget. The purpose of the report is to show the value of services provided to the City of Brooklyn Center and to allow an opportune for you to answer any questions you might have. Budget Issues: There are no budget issues to consider. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org T r s r y CCYIYIMII111t M"diatian CY'V1CP.S IBC 5 t s a. V i It y i 1 S 3. K D t x z 26 Years of fullfillin our Mission b Y developing the capacity of our community to respectfully manage and resolve conflict r. M �J g' 'sue' z1T1` 'fr 1. %a -t.ro Y Dear. <Frtend tom uni M diahc P M As 11llltF1$X9 r dia 'n' �Q� R io nec of ou�ru c(ifl�ltis,� i #Iktp� e Goal: To divert juvenile offenders from Juvenile Court through a sustalble resQiu°cc aie'inE rat z:�� restorative and community -based process that holds offenders accountable, empowers victims, and engages community members. First, 000lit�lt4� bit+�1IttttI�#a�5 #ae oth work of `develrip�ri theirF rw 'th �r lutians `!'lid# 1 nes ;i u Y x Activity: Juvenile offender cases: 89 w�ae� dnt i Community mediators (diversion panel): 64 seviceswlrs rferalsarest ate g+b 1ta #ic�ri loubYed the r umber A s)I rMWIM aim i6 g, c tl�ie��� �l ez �it�� Outcomes: Back on track. "ppiqFfl _Nli e ts` Of the 89 youth referred to CMS, t(me anzl I pta M 91% successfully completed i• `+E+* .:.`a :i: 'r',y ,w r �rreref3a r r u f��� Juvenile Court diversion. as ,�k _qt 411 P-PT Ccmmentinnho �zlyera� x I* y 3 tr t apprb�ch,a,;ta dt���,. ►tl,���ti wvg r x Y Res�t�rati�� ApRro��h to School �onfhct e Goal: To help students be physically and mentally present in class through r a restorative mediation process that encourages youth to find constructive resolutions to school conflict with the help of community mediators. Activity: School disputes referred to CMS: 160 a s p T Communitymediators (school panel): 47 Outcomes: Improved decision making and conflict resolution skills. R 91% of students indicated the mediation "helped me make a good decision" and 95% indicated "following this agreement will help resolve conflict." In student student mediations, 91% resulted in agreement. l I mmu it e Media tions Court base edia tion5 Co. n d Y Goal: To provide individuals in our community with opportunities to Goal: To provide disputants with a fair, accessible, and efficient move from conflict to resolution from stuck to unstuck through process to craft their own unique settlements. accessible mediation services. Activity: Court -based mediations: 1,173 Activity: CMS managed 458 community -based mediations, including 246 juvenile mediation services. Conciliation Court r s Harassment Court Non juvenile cases: Housing Court T Spanish Conciliation Court Neighborhood 31% Housing 21% Consumer 19% Outcomes: Improved court experiences and results. Family 17% Doubled the number of mediators serving in Housing Court, allowing Workplace /Other 9% more time to address cases growing in complexity. Harassment 3% j� h,, g g P Y In Housing Court 467 mediations resulted in the avoidance of a court ordered eviction. Outcomes: Respectful process and impressive results. In Harassment Court 46 mutually acceptable solutions to difficult Mediations resulting in agreements: 94% situations. Participants who agreed "mediation was safe and respectful 96% and In Conciliation Court, 95% of participants "would recommend mediation "mediation was beneficial 94% to others." Housmg,Mediat on Services Goal: Goal: To stabilize housing arran ents by providing a fair, n accessible, and efficient alternative for` andlord- tenant and tenant tenant r r r disputes. r r i Activity: Housing- related mediations: 664 k r Outcomes: A unique and effective response to a critical community need. Mediations resulting in agreements: 91% T Participants who agreed "the mediation process was fair 98% and "would i recommend mediation to others 98% I y. z ..RS :'d` n.... FZ 1^ r 5 fir; ,z a... s .q. c x, .A a 7 y y n u 4}' s�. S: ,r„ k:". n., rr?�n. s'u', r`•,. N ,3j :x z X�'.Z�' s,. r e« a:a:..< of S'� sd....•. •u s. a .,•�n F i 9. a. -n a� 5- .,"R. ,H ,e+6^ „H, R 3... s.�'k.' n` :i� t :"e Net Assets Beginning of Year $121,845 Individual and Business Supporters President's Circle (Above $3,000) INCOME 2008 $255,914 Anonymous Contracts Et Fees 150,450 Leader ($1,000 $2,999) State of Minnesota 29,048 Anonymous Private* 76,416 Facilitator ($500 -$999) EXPENSES 2008 ($236,324) Peter and Carol Enck Katie Pearson* Advocate ($250 -$499) Program* ($194,695) Beth Bailey Allen* Carol Habstritt Lindquist it Vennum, PLLP* Administration ($28215) Lee Bearmon Henningson ft Snoxell* Don Mason Fundraising 13,414) (in honor of CMS staff) Rich Krambeer Premier Technologies* Bob Burlingame Jonathan Levy Andrew Silverstein Net Assets End of the Year $141,435 The Cadenza Group, LLC JoAnne F. Lewellen Tharp Family Partnership* Contains $29,170 In in -kind supportfrom AmeriCorps positions Supporter ($100 -$249) Allegra Print 8t Imaging* Roger Gilmore Ceai Micheletti Mrs. Edward Asplin Marco Gutierrez Joan Motenaar Jim Campbell Rick Hendrickson Mike 8 Michele Moore CMS 2OO$ R @Vi°IlUe,$OUI'CeS" Donna Campbell Bob Et Marlys Kuebelbeck Dean Nyquist Deb Comeau Andy Martin Dr. Duane Orn Judith Emerson Denise Maxwell Murray It May Shabsis Private 30% X b Friend ($1 -$99) Mike Allen Maggie Gatlin Melvin Ogurak AU K t: r Linda Berglund GoodSearch Karl Reinhard mx 71, 10 A M Ginny Black Jean Hosterman Louis Robards v Contracts Gerry Davis Jim Krautkremer Mamadee Sesay Et Isatu Kamara t Fees'' Drake Edina Realty Katie Mason (in memory of Jibah Sesay 59% James (Chris) Evans Katherine Merkel and Marilyn Smith) *indicates 25th Anniversary Sponsors State of Minnesota CMS 2008 Expenses Foundation Support 11% Americorps Golden Valley Human Services Foundation National Association for Minnesota State Bar Foundation l Community Mediation Tennant Foundation Program Municipal Partners Fundraising 132% Brooklyn Center Brooklyn Park Champlin 6% Corcoran Crystal Golden Valley Hopkins Maple Grove Minnetonka Mound New Hoe Plymouth P Y Administration: Orono Robbinsdale St. Louis Park Non profit 12% 501(c)(3) (Our deepest apologies if we have missed you. Please let us know so we Community R250UfCe can include your name on our website at www.CommunityMediationS.org) 2009 Board of Directors Richard Krambeer, President Jonathan Levy, Treasurer Katie Pearson, Vice President Carol Habstritt, Secretary. ob Burlingame Jeff Karatz Weston Rolf g o er Gilmore JoAnne F. Lewellen Mamadee Sesay Marco Gutierrez Katherine Merkel Andrew Silverstein Art Green' Joan Molenaar Leslie Sinner McEvoy Jeff Jacobs Sean Rahn 2009 Staff Beth Bailey- Allen, Executive Director Sandra Moberg Walls, Mediation Coordinator Maggie Gatlin; Juvenile Services Coordinator Marcela Sotela, Communications Multicultural Services Liaison F`. s o ae cr i 9220 Bass Lake Road Suite 270 New Hope, MN 55428 Phone 763.561.0033 V CMS Fax 763.561.0266 c°m' unft www.CommunityMediationS.org Mediation Services, en`' Brookly Center 1 a0$ Mediations 2 casesl residents Har rassme nt/Workplace 4% nullity Statisti Lal Mediation Housing 37% Interper 2% Iu v e n ile 25% c 29% Neighbo eighb hood Fa m il y /Share o d Parenting Referring /Contact Person: File Fl City Council C City Staff People Involved: PARTY l: Name Address Phone PARTY 3: Name Address Phone CITY OF BROOKLYN CENTER REFERRAL FORM (TO: Community Mediation Services. Inc.) Human Relations 1 Police Department Are the parties aware of the referral to mediation? Have they agreed to mediate? PARTY 2: Name Address Phone PARTY 4: Name Address Phone Interpersonal El Juvenile Offenders El Landlord- Tenant Neighbor to Neighbor Other For office use only CMS CASE NO: Phone: Fax: Other: TYPE OF DISPUTE: Li Business- Consumer Citizen A Family Harassment Human Rights Please use back of form for any additional parties and/or information. Yes El No n Yes No Property Issue School Victim Offender MAIL TO: Community Mediation Services, Inc. (formerly NHMP) (763)561 0033 9220 Bass Lake Road, Suite 270, New Hope MN 55428 FAX TO: (763) 561 -0266 Police officers: Please include police report. Providing opportunities to resolve conflicts effectively and respectfully. Revised 8/06 City Council Agenda Item No. 7b OT City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services DATE: July 21, 2009 SUBJECT: Resolution Expressing Appreciation for the Donation of Medtronic Corporation in Support of the 2009 Earle Brown Days Festival Recommendation: Staff recommends acceptance of this donation. Background: Medtronic Corporation has presented to the City a donation of five thousand dollars, ($5,000) and has designated that it be used to provide fireworks for the annual Earle Brown Days Festival. The annual fireworks display is one of the signature events for the Earle Brown Days Festival. Each year, the display attracts over two thousand people to Central Park and the surrounding area. Budget Issues: None noted 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenterorg Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF MEDTRONIC CORPORATION IN SUPPORT OF THE 2009 EARLE BROWN DAYS FESTIVAL WHEREAS, Medtronic Corporation has presented to the City a donation of five thousand dollars ($5,000) and asked that it be used to provide fireworks as part of the 2009 Earle Brown Days Festival; and WHEREAS, the City Council is appreciative of this donation and commends Medtronic Corporation for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: I Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budget. July 27. 2009 i 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 City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services DATE: July 21, 2009 SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center Lions Club in Support of the 2009 Holly Sunday Activities Recommendation: Staff recommends acceptance of this donation, and asks that it be coded to the corresponding activity budget. Background: The Brooklyn Center Lions Club has presented to the City donation of one thousand dollars, ($1,000.00) They have designated that it be used to support the 2009 Holly Sunday Activities. As this activity is funded entirely through contributions, this donation will allow for the continuation of this important event. Budget Issues: None noted cc: Fiscal Support Services i 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX 763 569 -3494 www.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2009 HOLLY SUNDAY ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of one thousand dollars ($1,000) and asked that it be used to support the 2009 Holly Sunday activities; and WHEREAS, the City Council is appreciative of this donation, and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budget. July 27, 2009 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. 7d ST City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services DATE: July 21, 2009 SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center Cub Foods Store in Support of the 2009 Earle Brown Days Festival Recommendation: Staff recommends acceptance of this donation. Background: The Brooklyn Center Cub Foods store provided 500 hot dogs, condiments and other supplies for the Dunkin the Dolphin Birthday Party, which was part of the 2009 Earle Brown Days Festival. The value of these items was approximately $250.00 As this activity is funded largely through contributions, this donation allowed for the continuation of this important event. Budget Issues: None noted 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER CUB FOODS STORE IN SUPPORT OF THE 2009 EARLE BROWN DAYS FESTIVAL WHEREAS, the Brooklyn Center Cub Foods Store has provided to the City a donation of two hundred fifty dollars ($250) worth of goods and services in support of the 2009 Earle Brown Days Festival; and WHEREAS, the City Council is appreciative of this donation and commends the Brooklyn Center Cub Foods store for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. Julv 27, 2009 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. 10a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: July 21, 2009 SUBJECT: Provisional Rental Dwelling License 5301 Dupont Avenue North Recommendation: It is recommended that the City Council approve the six -month provisional rental dwelling license application and mitigation plan for 5301 Dupont Avenue North. Background: Attached are the same documents that were included in the May 11, May 26, June 8, and June 22, City Council agenda packets for your reference, as well as excerpts of minutes from those meetings. On June 29, 2009, a letter was mailed to Mr. Ung notifying him of the City Council decision and included a copy of Resolution No. 2009 -80 Resolution Relating to the Consideration of a Renewal Rental License for 5301 Dupont Avenue North as well as a six -month provisional rental dwelling license application. On July 10, 2009, Spencer Ung applied for the six -month provisional rental dwelling license for 5301 Dupont Avenue North and submitted the appropriate fee. All rental dwelling license requirements have been met (utilities and taxes are current and a health and safety inspection has been conducted by the Building Inspector and passed). Mr. Ung submitted a mitigation plan to the Police Department on May 5, 2009, prior to his application for a provisional license and hearing. Attached is a memorandum of approval of the mitigation plan from Police Chief Scott Bechthold. t hearing held applicant provided testimony regarding the At he on June 8 the a g Pp P Y g g mitigation g plan and his steps to reduce to the number of police and fire calls for service to a level that qualifies for a regular license. Budget Issues• There are no budget issues to consider. i City of Brooklyn Center Date of application: 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Phone: 763- 569 -3300 Fag: 763- 569 -3494 Six -Month Provisional Rental Dwelling License Application Six-Month Provisional Rental License Fees: Multi Family L Bld l 9 Units Multivle Family: $112- Wbuilding plus $7 -Wunit Pursuant to Section 12 -913 of the City Ordinances, a licensed multiple dwelling, with five or more units, that has generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period as described in the ordinance is eligible only for a provisional license. Properties with a provisional license may qualify for a regular license only after a one -year period with fewer than .65 police or fire calls per dwelling unit. The applicant acknowledges that the rental property for which the applicant is applying for a provisional license has generated calls for service that exceed .65 per unit. Complete Name, Addr ess, Te Number, and Birt of Each Owner. Name: Ll1 6 �l//�G� Lam Address: (a0/9 V` r 'Or Fi,sr Stred v 1 c ity 2 7 F S z /t Phone No. Cell No l Date of Birth Address(es) of Dwelling(s)- S �u�� �J F 1Y, Name of Dwelling or Complex: u d 5. L L— The undersigned hereby applies for a provisional rental dwelling license and acknowledges receipt of a copy of City Ordinance Section 12 -913 and acknowledges the provisions of the Building Maintenance and Occupancy Ordinance have been reviewed. G 1, SA W "A/ 7 being first duly sworn, upon his/her oath deposes and says that lids hS is t1je we sq� has executed the foregoing application and that the statements made herein are true of hi btl�VM f. s Notary Public Min Min Notarized Signature of Owner M 3', zmo Subscribed and sworn to efore `this day of 20I�Connty No Public Signature Commission ire- lOf� �`y l� ii Expire- Citv Use Only: Check No. 5 Q Ref No. Account No. 4205 Provisional License Fee 151► SO Date Rec: 1 10 LctiecK) License Expiration Date A I 0 9 -1 0 Calls for Service No. City Council Meetina Date 7 -r? 7 O q Notice Received/City Manager by Mitization Plan Received v W YE Y L2 BROOKLYN CENTER ax F tS POLICE DEPARTMENT MN MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Scott Bechthold, Chief of Police DATE: July 22, 2009 SUBJECT: Mitigation Plan for 5301 Dupont Avenue North On May 5, 2009, the Brooklyn Center Police Department received an eight -step mitigation plan from Spencer Ung, the owner of 5301 Dupont Avenue North. The items listed in the mitigation plan were constructed from input provided to him from the police department on May 2, 2009. These eight steps satisfy the requests of the police department and, if followed, should assist in significantly reducing crime involving his tenants. Not listed in the mitigation plan was the actions taken by the owner in evicting the tenant responsible for nearly every nuisance call for service at this property. This eviction was completed over a month before the mitigation plan was submitted, but should also have a notable impact on the reduction of crime at this property. Attached is the Eight -Step Mitigation Plan. I support the mitigation plan as provided and recommend it for approval. Matj 06.09 09:49p p•2 MMGATION PLANS May 5, 2009 City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 554) To Whom It May Concern; Since the violations which occurred in February 2009, Ung Properties, UP has taken the following steps to curb the number of police calls to the property. 1. Management has met with concerning neighborhood and community members t the ctaninur meeting on March 11, 2009 2. All residents at the apartment complex were talked to and made aware of current situation and to be aware and look out for suspicious activities. 3. Management has been more careful of screening applicants. 4. Management has added a resident caretaker. 5. All sliding window% in the lower level units were added anti slide device as extra security measures against break -ins. 6. Management has successfully completed the Minnesota Crime Free Housing Pm Pro Man *cment Training on May 2 2009. PAY g Y 7. Management will do a walk through with officer and get input on Crime Prevention Through Environmental Design (CPIED). A. Management will attend future community neighborhood meetings that involve concern of the property. With all th'e extra. precautions and measunN we hope; this satisfies the condition for renewal of the regular two year period license. The property has and continues to be actively managed. Thank you. for your time. Sincerely, Spencer Ung Ung Properties, l,LP k t h S� r S fit" •rC\ 11 Alkll kv CA cif` e� Jt >%;1 Section 12 91 3. PROVISIONAL LICENSES. 1. Licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period as specified below are eligible only for provisional licenses. Properties with provisional licenses may qualify for a regular license only after a one year period with fewer than .65 police or fire calls per dwelling unit. a. Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events, all of which are hereby declared to constitute a nuisance or other disorderly conduct: (i) calls or events listed in Section 12 -911; (ii) calls or events categorized as part one crimes in the Uniform Crime Reporting System, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson; (iii) calls or events categorized by the police department as one of the following: a) Firearms (Minn Stat. 609.66 609.67) b) Weapons /dangerous weapons (Minn Stat. 609.02 subd.6 609.66) City Ordinance 19 -402 C) Drug paraphernalia (Minn Stat. 152.092) d) Loud persons City Ordinance 19 -1201 e) Gambling (Minn Stat. 609.755 609.76) f) Loud parties City Ordinance 19 -1201 g) Prostitution (Minn Stat. 609.321) h) Noise cars /dogs City Ordinance 1 -110- horns /radios City Ordinance 19- 1201,02,03 i) Fights City Ordinance 19 -203 j) Drugs /narcotics and/or narcotic precursors (Minn Stat. 152.01) k) Allowing curfew /status offenses /underage drinking City Ordinance 19- 301,19 -304 1) Disorderly conduct (Minn Stat. 609.72) m) Property damage —City Ordinance 19 -211 n) Assaults 5th degree non domestic City Ordinance 19 -204 o) Public disturbance City Ordinance 19 -202 p) Fire alarms City Ordinance 5 -112 q) Interference with a peace officer (Minn Stat. 609.50) City of Brooklyn Center 12 -24 City Ordinance r) Unlawful assembly (Minn Stat. 609.705) City Ordinance 19 -1105 S) Presence at unlawful assembly (Minn Stat. 609.175) t) Terrorist threats (Minn Stat. 609.713) U) Loitering City Ordinance 19 -201 (iv) The City Manager may determine that multiple incidents shall be counted as a single call in appropriate cases. b. Calls will not be counted for purposes of determining whether a provisional license is required 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). C. The period of time used to determine whether a provisional license is required is the twelve (12) month period ending two months before the six -month review period described in section 12- 901(2). d. The City will provide by mail to each licensee a monthly report of calls described in paragraph (1) (a) above. 2. The applicant for aprovisional 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 described in paragraph (1) (a) to a level that qualifies for a regular 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, and security personnel. 3. 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 calls and the expected effectiveness of measures identified in the plan to reduce the number of police and fire calls. 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 calls. i City of Brooklyn Center 12 -25 City Ordinance 4. 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. Section 12 -914. TENANT BACKGROUND CHECKS. 1. All licensees will conduct criminal background checks on all prospective tenants. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years; the check must be done "in person" or by utilizing the most recent update of the state criminal history files; (b) A statewide criminal history check from the prospective tenant's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any prospective tenant in their previous states of residence covering the last three years if they have not resided in Minnesota for three years or longer; (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin City area covering at least the last three years including all misdemeanor, gross misdemeanor, and felony convictions. (e) Licensees will retain criminal history check information for at least one year after the date of the check or, if the subject of the check becomes a tenant of the licensed premises, one year after the subject of the check has ceased to be a tenant. Such information shall be available for inspection upon demand by the City Manager or the City Manager's designee, during normal business hours. City of Brooklyn Center 12 -26 City Ordinance OX City of Brooklyn Center A Millennium Community June 29, 2009 Mr. Spencer Ung 6019 68th Ave N Brooklyn Park, MN 55429 Re: Rental Property at 5301 Dupont Avenue North, Brooklyn Center, Minnesota Dear Mr. Ung: At its meeting of June 22, 2009, after consideration of your June 8, 2009, appeal, the City Council affirmed the decision of the City Manager and ruled that the property at 5301 Dupont Avenue North is not eligible for a regular residential rental license. A copy of the Council's resolution is attached. However, you may apply to the City for a provisional license. As you know, the license for 5301 Dupont Avenue North expired on May 31, 2009. Under City Code Section 12 -910, paragraph 10, after a decision not to renew a license, no rental units becoming vacant may be relet or occupied. Therefore, units becoming vacant after May 31, 2009, may not be relet or occupied until you have secured a provisional license from the City. Attached is the previous letter to you dated April 2, 2009, regarding provisional license requirements, as well as the Provisional License Application. Questions regarding license requirements should be directed to me at 7630569 3306. Sincerely, jilov Sharon Knutson City Clerk Enclosures 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brookl MN 55430 -2199 (763) 569 -3400 City H Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org its adoption: Member Mark Yelich introduced the following resolution and moved RESOLUTION NO. 2009 -80 RESOLUTION RELATING TO THE CONSIDERATION OF A RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH WHEREAS, the City received an application for renewal of a regular rental dwelling license from Ung Properties, LLP (hereinafter the "Applicant"), for the apartment complex at 5301 Dupont Avenue North in the City of Brooklyn Center (hereinafter the "Subject Property"); and WHEREAS, at the request of the Applicant, and upon due notice to the Applicant, the City Council held a hearing on May 11, 2009, on the question whether the Subject Property was eligible for a regular rental license, at which hearing the Applicant presented a written submission. At the request of the Applicant, the hearing was reopened so that the Applicant could present additional testimony on June 8, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that, after due consideration of evidence presented at the hearing, the City Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1. The Applicant owns and operates a six -unit multi family apartment complex on the Subject Property. 2. The regular rental license for the Subject Property expired on May 31, 2009. 3. The Applicant applied for a renewal license for the Subject Property on February 6, 2009. 4. Under City Code, Section 12 -901, paragraph 1, there are two types of licenses: regular and provisional. Provisional licenses are defined in City Code, Section 12 -913. 5. City Code, Section 12 -913, paragraph 1, provides in part that "licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one -year period as specified below, are eligible only for provisional licenses.... 6. By letter dated April 2, 2009, to Mr. Spencer Ung from Sharon Knutson, the Brooklyn Center City Clerk, the Applicant was advised that the regular rental license for the Subject Property would expire on May 31, 2009, that the average number of calls per unit at the Subject Property exceeded .65 in the RESOLUTION NO. 2009 -80 one -year period from April 1, 2008 to March 31, 2009, and that therefore the City Manager would recommend to the City Council that the regular rental license at the Subject Property not be renewed. 7. By letter received by the City on April 16, 2009, Mr. Ung requested a hearing before the City Council on the question whether his regular rental license should be renewed. 8. The uncontradicted evidence presented at the hearing was that there were seven calls for service as defined in City Code, Section 12 -913 from April 1, 2008, to March 31, 2009, which is an average of 1.17 calls for service per unit during that one -year period of time. 9. Evidence was received from Mr. Spencer Ung that the calls for service resulted from problems at one unit and that Mr. Ung had removed the problem tenant. Mr. Ung also identified other management activities that would decrease the likelihood of calls for service in the future. However, although such activities may be the basis for granting a provisional license if they are part of an approved mitigation plan, and may result in a sufficient reduction in police calls to entitle the Subject Property to a regular license in the future, they are not a basis for concluding that the Subject Property is eligible for a regular rental license. 10. The Subject Property had an average number of calls per service during the period from April 1 2008, to March 31, 2009, of 1.17 calls per unit, which is well in excess of the .65 calls per unit that results in loss of eligibility for a regular license. ORDER ON THE BASIS OF THE FOREGOING, IT IS ORDERED: 1. The decision of the City Manager that the multi family residential rental complex at 5301 Dupont Avenue is not eligible for a regular license is affirmed. The Subject Property will not be eligible for a regular license until the average number of calls for service as defined in City Code, Section 12- 913 falls below .65 calls per unit for the preceding 12 -month period, in accordance with the City Code. o dance ty I RESOLUTION NO. 2009 -80 2. Following expiration of the current regular license on May 31, 2009, and until the Applicant qualifies for and receives a provisional license for the Subject Property, units becoming vacant may not be relet to other tenants, as provided in City Code, Section 12 -910, paragraph 10. 3. The City Clerk is directed to mail a certified copy of this Order to the Applicant. By Order of the City Council of the City of Brooklyn Center this 22nd day of June, 2009. June 22, 2009 Date Mayor ATTEST: A l I o The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Materials included in Council agenda packet and excerpt of minutes June 22 2009 i 15. The owner of the property shall enter into an easement and agreement for the maintenance and inspection of utility and storm drainage system as approved by the City Engineer prior to the issuance of building permits. 16. The landscape plan shall be modified prior to the issuance of building permits to provide decorative fencing of 2 1 /2 feet to 3 feet in height along the Xerxes Avenue and County Road 10 Greenstrips. Councilmember Yelich moved and Councilmember Roche seconded to amend the motion to include a decorative fence in the site plan as referenced above as a condition of approval. Mayor Willson voted against the same. Motion passed. Amended motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2009 -80 RELATING TO THE CONSIDERATION OF A RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution, which is to affirm the decision of the City Manager that the rental complex located at 5301 Dupont Avenue North is not eligible for a regular license. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -80 Relating to the Consideration of a Renewal Rental License for 5301 Dupont Avenue North. Motion passed unanimously. 10b. RESOLUTION NO. 2009 -81 AUTHORIZING THE REPLACEMENT OF THE CITY TELEPHONE AND VOICE MAIL SYSTEM BY JOINING THE LOGIS IP TELEPHONY SERVICE AND ACQUIRING HARDWARE AND SOFTWARE OFF THE STATE OF MINNESOTA CONTRACT AT A COST NOT TO EXCEED THE BUDGETED AMOUNT OF $233,200 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that funds for the replacement of the telephone and voice mail system have been accumulated specifically for this purpose. Information Technology Director Patty Hartwig and Mr. Kevin Pikkaraine of LOGIS answered questions of the City Council regarding the LOGIS EP Telephony Service and the benefits of the advanced technology and participation with LOGIS. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION 06/22/09 -7- COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager ',n FROM: Sharon Knutson, City Clerk Wes' 1 -KN) Nt DATE: June 12, 2009 SUBJECT: Resolution Relating to the Consideration of.a Renewal Rental License for 5301 Dupont Avenue North Recommendation: It is recommended that the City Council consider adoption of a Resolution Relating to the Consideration of a Renewal Rental License for 5301 Dupont Avenue North. Background: At its May 11, 2009, meeting, the City Council held a hearing to consider the renewal rental license for 5301 Dupont Avenue North. (NOTE: I've attached the same documents that were included in the May 11 agenda packet for your reference.) Staff presented a report. The applicant was not present. Following the hearing, the City Council directed staff to prepare findings for non renewal of the rental license and draft said resolution for the next Council meeting. On Thursday, May 14, 2009, the applicant Spencer Ung called me to request another hearing before the City Council. He indicated that he had marked his calendar for Tuesday night, rather than Monday night. Mr. Ung e- mailed his request for a hearing on May 19, 2009. Mr. Ung was notified that the decision of whether or not a hearing would be rescheduled would be considered by the City Council on May 26, 2009. At its May 26, 2009, meeting, the City Council agreed to reschedule the hearing for June 8, 2009, to allow Mr. Ung to provide testimony. On May 27, 2007, due notice was given the applicant via a letter notifying that the City Council had considered his request and rescheduled the hearing to June 8, 2009. On June 8, 2009, the City Council reopened the hearing so the applicant could provide additional testimony. Following the June 8, 2009, hearing, the City Council directed City staff to prepare findings for non renewal of the regular rental license and draft said resolution for the next Council meeting. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO THE CONSIDERATION OF A RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH WHEREAS, the City received an application for renewal of a regular rental dwelling license from Ung Properties, LLP (hereinafter the "Applicant for the apartment complex at 5301 Dupont Avenue North in the City of Brooklyn Center (hereinafter the "Subject Property and WHEREAS, at the request of the Applicant, and upon due notice to the Applicant, the City Council held a hearing on May 11, 2009, on the question whether the Subject Property was eligible for a regular rental license, at which hearing the Applicant presented a written submission. At the request of the Applicant, the hearing was reopened so that the Applicant could present additional testimony on June 8, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that, after due consideration of evidence presented at the hearing, the City Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1. The Applicant owns and operates a six -unit multi family apartment complex on the Subject Property. 2. The regular rental license for the Subject Property expired on May 31, 2009. 3. The Applicant applied for a renewal license for the Subject Property on February 6, 2009. 4. Under City Code, Section 12 -901, paragraph 1, there are two types of licenses: regular and provisional. Provisional licenses are defined in City Code, Section 12 -913. 5. City Code, Section 12 -913, paragraph 1, provides in part that "licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one -year period as specified below, are eligible only for provisional licenses.... 6. By letter dated April 2, 2009, to Mr. Spencer Ung from Sharon Knutson, the Brooklyn Center City Clerk, the Applicant was advised that the regular rental license for the Subject Property would expire on May 31, 2009, that the average number of calls per unit at the Subject Property exceeded .65 in the RESOLUTION NO. one -year period from April 1, 2008 to March 31, 2009, and that therefore the City Manager would recommend to the City Council that the regular rental license at the Subject Property not be renewed. 7. By letter received by the City on April 16, 2009, Mr. Ung requested a hearing before the City Council on the question whether his regular rental license should be renewed. 8. The uncontradicted evidence presented at the hearing was that there were seven calls for service as defined in City Code, Section 12 -913 from April 1, 2008, to March 31, 2009, which is an average of 1.17 calls for service per unit during that one -year period of time. 9. Evidence was received from Mr. Spencer Ung that the calls for service resulted from problems at one unit and that Mr. Ung had removed the that identified other management activities problem tenant. Mr. Ung also P g g would decrease the likelihood of calls for service in the future. However, although such activities may be the basis for granting a provisional license if they are part of an approved mitigation plan, and may result in a sufficient reduction in police calls to entitle the Subject Property to a regular license in the future, they are not a basis for concluding that the Subject Property is eligible for a regular rental license. g 10. The Subject Property had an average number of calls per service during the period from April 1, 2008, to March 31, 2009, of 1.17 calls per unit, which is well in excess of the .65 calls per unit that results in loss of eligibility for a regular license. ORDER ON THE BASIS OF THE FOREGOING, IT IS ORDERED: 1. The decision of the City Manager that the multi family residential rental complex at 5301 Dupont Avenue is not eligible for a regular license is affirmed. The Subject Property will not be eligible for a regular license until the average number of calls for service as defined in City Code, Section 12- 913 falls below .65 calls per unit for the preceding 12 -month period, in accordance with the City Code. i RESOLUTION NO. 2. Following expiration of the current regular license on May 31, 2009, and until the Applicant qualifies for and receives a provisional license for the Subject Property, units becoming vacant may not be relet to other tenants, as provided in City Code, Section 12 -910, paragraph 10. 3. The City Clerk is directed to mail a certified copy of this Order to the Applicant. By Order of the City Council of the City of Brooklyn Center this 22nd day of June, 2009. June 22, 2009 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. Materials included in Council agenda packet and excerpt of minutes June 8, 2009 Councilmember Yelich suggested the applicant take advantage of the environmental safety design review the Police Department provides for local businesses. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Mr. Boganey introduced the item and provided background information on the renewal of a rental license for 5301 Dupont Avenue North. Police Chief Scott Bechtold provided an overview of the Calls for Service Report for 5301 Dupont Avenue North. He advised on staff's recommendation to deny the rental license for 5301 Dupont Avenue North. There was discussion on the pricing difference relative to regular and provisional licenses. Mr. Boganey indicated that a provisional carries a higher fee than a regular license and must be renewed every 6 months as opposed to every 2 years. Councilmember Lasman moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. Mr. Spencer Ung, 5301 Dupont Avenue North, addressed the City Council and stated he and his brother are landlords of the subject property. They purchased the property 4 1 /i years ago. They are there every week to check on the property and are aware of what is going on inside and outside of the property. They have made a significant improvement on the property by paving the strip of alley that has been gravel since the building was built, and they have moved the trash towards the street away from the neighbors as requested. He stated the incident in February is the worst they have seen in the four years of their ownership. The problems are due to one tenant. The original tenant was her boyfriend and he moved out; she stayed there and that is when the problems started. Mr. Ung stated his position that the tenant could not be removed sooner due to the slow eviction and court process, and that the second and third violations occurred while waiting for the court process. He stated they are responsible landlords and have worked proactively with Crime Prevention Specialist Becky Boie in trying to take care of this. They are requesting a regular, license, not a provisional license. Mr. Ung stated they attended the neighborhood community meeting on March 11, 2009 and they have talked with residents at the complex to look out for suspicious activities. They have been more careful in screening applicants and the have added a resident caretaker on the property. All the sliding g pP Y g windows on the lower level of the building now have anti sliding devices for security measures. He completed the Minnesota Crime Free Housing Program training on May 2 nd and is committed to attending any future neighborhood community meetings concerning the properties. Mr. Ung stated they are taking proactive steps; the provisional license should not be applied to them because the problems were caused by one single tenant that has been evicted. He expressed concern that the .65 calls per unit is not fair to a small apartment building such as this in comparison to a 100 -unit apartment building. In addition, the property location is across from Minneapolis on a corner lot next to a bus stop. They have had break -ins in the parking lot and have had illegal dumping of furniture on the property they have had to take care of When they purchased this apartment 4 %z years ago they did not look at the financials. They have not made a dime off this property; they have had to put 06/08/09 -5- in $14,000 to $18,000 per year to cover additional expenses on the property. They have responded in taking care of the situation the best they can and believe they should not be subject to this provisional license. They are responsible landlords and are trying to resolve this issue. In response to questions of the City Council, Mr. Ung stated a background check was not completed on the problem tenant, that she signed the lease with her boyfriend and signed a new lease when he moved out. The lease included a crime free addendum. He informed the Council his concern about having a provisional license is with bothering his tenants with random checks by the City, the paperwork involved, and taking time off work to meet with the City. City Attorney Charlie LeFevere answered questions of the City Council regarding the rental license ordinance. He advised that the property either qualifies or does not qualify for a regular license. It is not a violation of the ordinance that results in a mitigation plan; rather it is a state of circumstances under which one qualifies under one or another type of license. The question is whether there have been a sufficient number of properly accountable calls for service so that the property no longer qualifies for a regular license. He explained under the ordinance, each property carries a one -year trail of history so that whether the property can qualify again in six months will depend on how many violations occurred in the prior one -year period. In this case there have been enough violations so that the property likely cannot qualify for a regular license in one year; there will need to be at least two provisional license cycles. Mr. LeFevere advised that the Police Department acknowledges that the landlord has acted responsibly to the problem. A property not qualifying for a regular license is not a violation. There will be bad property managers who still qualify for a regular license and good property owners that do not. Depending on the property and the nature of the facility, a property owner could have a provisional license indefinitely, which is satisfactory as long as they keep up with an approved mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Mr. Boganey advised that the applicant has appealed the determination by the City Manager that the subject property does not qualify for a regular license. The two options for the City Council are to approve the renewal rental license or not renew the regular rental license. He recommended the Council direct that findings of fact and a resolution be prepared for either option. Councilmember Roche moved and Councilmember Lasman seconded to uphold the determination of the City Manager that the property at 5301 Dupont Avenue North is not eligible for a regular rental license, with a follow up of findings of fact to be presented to Council. Councilmember Yelich complimented Mr. Ung for responding to the problems he encountered and stated he is an example of the kind of responsible management the City wants to encourage. He stated his position that the error in judgment of not screening the new tenant is the finding of fact that persuades him to support this motion. He encouraged Mr. Ung to seek out the provisional license and continue his operation in a responsible manner. Councilmember Ryan concurred. Motion passed unanimously. 10b. RESOLUTION NO. 2009 -75 AMENDING THE CITY COUNCIL CODE OF POLICIES; ADDING POLICY FOR STREET LIGHT BANNERS 06/08/09 -6- COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: June 1, 2009 SUBJECT: Consideration of Renewal Rental License for 5301 Dupont Avenue North Recommendation: It is recommended that the City Council: 1. Receive staff report. 2. Open the hearing to receive applicant testimony. 3. Close the hearing. 4. Direct Staff to prepare a resolution for the next City Council meeting to EITHER: A. Approve the renewal rental license; or B. Not renew the regular rental license, but show findings for non renewal of the rental license. Background: At its May 11, 2009, meeting, the City Council held a hearing to consider the renewal rental license for 5301 Dupont Avenue North. (NOTE: I've attached the same documents that were included in the May 11 agenda packet for your reference.) Staff presented a report. The applicant was not present. Following the hearing, the City Council directed staff to prepare findings for non renewal of the rental license and draft said resolution for the next Council meeting. On Thursday, May 14, 2009, the applicant Spencer Ung called me to request another hearing before the City Council. He indicated that he had marked his calendar for Tuesday night, rather than Monday night. Mr. Ung e- mailed his request for a hearing on May 19, 2009. Mr. Ung was notified that the decision of whether or not a hearing would be rescheduled would be considered by the City Council on May 26, 2009. At its May 26, 2009, meeting, the City Council agreed to reschedule the hearing for June 8, 2009, to allow Mr. Ung to provide testimony. On May 27, 2007, due notice was given the applicant via a letter notifying that the City Council had considered his request and rescheduled the hearing to June 8, 2009. Budget Issues: There are no budget issues to consider. Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson, MMC OX City Clerk May 27, 2009 Mr. Spencer Ung 601968 Ih Ave N Brooklyn Park, MN 55429 RE: Rental Property at 5301 Dupont Avenue North, Brooklyn Center, Minnesota Dear Mr. Ung: At its May 26, 2009, meeting, the City Council agreed to reschedule the hearing on the non renewal of the regular license for the subject property. The purpose of this notice is to advise you that the requested hearing will be held at the regular meeting of the Brooklyn Center City Council on Monday, June 8, 2009. The meeting begins at 7:00 p.m. The City Council meets in the Council Chambers at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN. You may address the City Council on this matter at that time if you wish. Sincerely, Sharon Knutson, MMC City Clerk 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Materials included in Council agenda packet and excerpt of minutes May 26, 2009 Fiscal and Support Services Director Dan Jordet outlined the request by Surly Brewing Company to sell one of Surly's products at a festival to be held in October at their brewery at 4811 arme Dr' e City's insurance will cover the risks under the existing Brooklyn Dush Drive. Th Ci nce i g Center Y Liquor Policy. A lease had been prepared and revised to accommodate this one day event and had been revised by the City Attorney. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -73 Resolution Establishing a Limited Lease for BC Liquor at 4811 Dusharme Drive. Motion passed unanimously. 0e. CONSIDERATION OF RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH City Manager Boganey informed that since the May 11, 2009, Hearing, the applicant had contacted the City to request another hearing. The applicant informed that he was not at the May 11, 2009, Hearing because he misread the date of the original hearing. Before the Council this evening is two recommendations. The Council needs to choose one of the following: reschedule the hearing as requested by the applicant; or adopt the resolution with Findings of Fact and Order. Council discussed the Findings of Fact and Order and it was noted that if the Council were to reschedule the Hearing, the staff presentation of the facts would not change. New Hearing would afford an opportunity for the applicant to respond to the facts presented. There was discussion as to whether or not the Hearing could take place on June 8, 2009. City Attorney Sarah Sonsalla informed that June 8, 2009, would be fine. Councilmember Yelich moved and Mayor Willson seconded that the Hearing be rescheduled to June 8, 2009. Motion passed unanimously. 10d. RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A PRESCRIPTION DISCOUNT CARD PROGRAM, SPONSORED BY THE NATIONAL LEAGUE OF CITIES IN COLLABORATION WITH CVS CAREMARK, TO PROVIDE BROOKLYN CENTER RESIDENTS SAVINGS ON PRESCRIPTION DRUGS NOT COVERED BY INSURANCE City Manager Boganey informed that Councilmember Yelich had brought this information to his attention and outlined the program. There are only two cities at the current time participating in this program, Robbinsdale and Crystal. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -74 Resolution Authorizing the City to Enter into a Prescription Discount Card Program, Sponsored by the National League of Cities in Collaboration with CVS Caremark, to Provide Brooklyn Center Residents Savings on Prescription Drugs Not Covered by Insurance. Motion passed unanimously. 05/26/09 -4- COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Y b t DATE: May 19, 2009 SUBJECT: Consideration of Renewal Rental License for 5301 Dupont Avenue North Recommendation: It is recommended that the City Council choose Option A or B: A. Reschedule the hearing as requested by applicant B. Adopt the resolution with Findings of Fact and Order; or Background: At its May 11, 2009, meeting, the City Council held a hearing to consider the renewal rental license for 5301 Dupont Avenue North. (NOTE: I've attached the same documents that were included in the May 11 agenda packet for your reference.) Staff presented a report. The applicant was not present. Following the hearing, the City Council directed staff to prepare findings for non renewal of the rental license and draft said resolution for the next Council meeting. On Thursday, May 14, 2009, the applicant Spencer Ung called me to request another hearing before the City Council. He indicated that he had marked his calendar for Tuesday night, rather than Monday night. Mr. Ung was asked to submit his request in writing, which is attached as an e -mail. A resolution of Findings of Fact and Order has been prepared for Council consideration. Budget Issues: There are no budget issues to consider. Sharon Knutson om: Ung, Spencer (Voyageur) [sung @voyageur.net] nt: Tuesday, May 19, 2009 2:29 PM o: Sharon Knutson Subject: 5301 Dupont Dear City of Brooklyn Center City Council Members, I respectfully request a re- hearing of the non renewal of the rental license at property 5301 Dupont Ave N. A notice of the city council hearing on May 11th was receive by me, however, I miss read the date to be on Tuesday rather than Monday therefore, was not able to attend the meeting. Please reschedule a future hearing date so that I am able to respectfully represent my case properly. Thank you for your time and consideration. Spencer Ung Ung Properties, LLP Please consider the environment before printing this e-mail �yageur Asset Management Inc. "Voyageur is a federally registered investment adviser founded in 1983. A complete list and description of Voyageur's products including performance composites, mutual fund prospectuses and other statistical information relating to performance can be obtained by calling (612)376 -7000 or writing to Voyageur Asset Management Inc., 100 South Fifth Street, Suite 2300, Minneapolis, MN 55402 -1240, or by e- mailing vammarketinq @voyageur.net. Past performance is not indicative of future results. This e -mail may be privileged and /or confidential, and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e -mail or the information it contains by other than an intended recipient is unauthorized. If you receive this e -mail in error, please advise me (by return e -mail or otherwise) immediately. Thank you. 1 its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION RELATING TO THE CONSIDERATION OF A RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH WHEREAS, the City received an application for renewal of a regular rental dwelling a license from Ung Properties, LLP (hereinafter the "Applicant"), for the apartment complex at 5301 Dupont Avenue North in the City of Brooklyn Center (hereinafter the "Subject Property and WHEREAS, at the request of the Applicant, and upon due notice to the Applicant, the City Council held a hearing on May 11, 2009, on the question whether the Subject Property was eligible for a regular rental license, at which hearing the Applicant presented a written submission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that, after due consideration of evidence presented at the hearing, the City Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1. The Applicant owns and operates a six -unit multi family apartment complex on the Subject Property. 2. The regular rental license for the Subject Property will expire on May 31, 2009. renewal license for the Subject Property 3. The Applicant applied fora ene J P rtY on February 6, 2009. 4. Under City Code, Section 12 -901, paragraph 1, there are two types of licenses: regular and provisional. Provisional licenses are defined in City Code, Section 12 -913. 5. City Code, Section 12 -913, paragraph 1, provides in part that "licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one -year period as specified below, are eligible only for provisional licenses.... 6. By letter dated April 2, 2009, to Mr. Spencer Ung from Sharon Knutson, the Brooklyn Center City Clerk, the Applicant was advised that the regular rental license for the Subject Property would expire on May 31, 2009, that the average number of calls per unit at the Subject Property exceeded .65 in the one -year period from April 1, 2008 to March 31, 2009, and that therefore the I RESOLUTION NO. City Manager would recommend to the City Council that the regular rental license at the Subject Property not be renewed. 7. By letter received by the City on April 16, 2009, Mr. Ung requested a hearing before the City Council on the question whether his regular rental license should be renewed. 8. The uncontradicted evidence presented at the hearing was that there were seven calls for service as defined in City Code, Section 12 -913 from April 1, 2008, to March 31, 2009, which is an average of 1.17 calls for service per unit during that one -year period of time. 9. Evidence was received from Mr. Spencer Ung that the calls for service resulted from problems at one unit and that Mr. Ung had removed the problem tenant. Mr. Ung also identified other management activities that would decrease the likelihood of calls for service in the future. However, although such activities may be the basis for granting a provisional license if they are part of an approved mitigation plan, and may result in a sufficient reduction in police calls to entitle the Subject Property to a regular license in the future, they are not a basis for concluding that the Subject Property is eligible for a regular rental license. 10. The Subject Property had an average number of calls per service during the period from April 1, 2008, to March 31, 2009, of 1.17 calls per unit, which is well in excess of the .65 calls per unit that results in loss of eligibility for a regular license. ORDER ON THE BASIS OF THE FOREGOING, IT IS ORDERED: 1. The multi family residential rental complex at 5301 Dupont Avenue North is not eligible for a regular license and will not be eligible for a regular license until the average number of calls for service as defined in City Code, Section 12 -913 falls below .65 calls per unit for the preceding 12 -month period, in accordance with the City Code. 2. Following expiration of the current regular license on May 31, 2009, and until the Applicant qualifies for and receives a provisional license for the Subject Property, units becoming vacant may not be relet to other tenants, as RESOLUTION NO. provided in City Code, Section 12 -910, paragraph 10. 3. The City Clerk is directed to mail a certified copy of this Order to the Applicant. By Order of the City Council of the City of Brooklyn Center this day of 9 2009. Mav 26.2009 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. Materials included in Council agenda packet and excerpt of minutes May 11, 2009 1Oc. CONSIDERATION OF RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Mr. Boganey introduced the item and informed the Council that according to City ordinance, the rental property located at 5301 Dupont Avenue North has exceeded the .65 calls for service per unit. The licensee was provided with notice of that fact and under the ordinance was requested to submit an application for a provisional license. The applicant in response to that directive and letter from the City Manager has indicated that he would not wish to apply for a provisional license but rather to request a hearing before the City Council on the application. The purpose of tonight's hearing is to allow the licensee to show cause why a provisional license should not be required under the City's ordinance. Commander Benner provided background information on the rental license for 5301 Dupont Avenue North. He stated on May 6, 2009, the property owner submitted a mitigation plan for the property. Staff feels that the mitigation plan meets the objective of the ordinance to ensure that this is a safe and secure property and recommends approval of the plan. Mr. Boganey clarified that the submission of a mitigation plan is a requirement under the ordinance in order to receive a provisional license; it is not to be provided in lieu of a provisional license. There was discussion on the phases involved in the Crime Free Housing Program. Councilmember Lasman moved and Councilmember Roche seconded to open the hearing. Motion passed unanimously. Councilmember Roche moved and Councilmember Yelich seconded to close the hearing. Motion passed unanimously. Councilmember Lasman stated her position that the Council should support the City's ordinance, which includes the provisional license as a way to put parameters in place and protect the City. Councilmember Lasman moved and Councilmember Yelich seconded to deny a rental license in lieu of a provisional license for the rental property located at 5301 Dupont Avenue North, and to recommend that a provisional license be the preferred license choice. Mr. LeFevere advised that the decision to deny a rental license should be accompanied by findings. He recommended that Council direct staff to prepare findings to be brought back to the next City Council meeting. The motion on the floor was withdrawn. 05/11/09 -5- Councilmember Lasman moved and Councilmember Ryan seconded to direct staff to prepare findings in support of denial of a rental license for the rental property located at 5301 Dupont Avenue North. Motion passed unanimously. Mr. LeFevere advised that Council could consider that this was somewhat of an unusual case where all of the calls for service were related to a specific tenant, and that tenant is no longer at the property. The police have reported that the landlord responded appropriately. If the concept of a mitigation plan is a flexible tool to address specific problems that exist at the facility, in this case the problem has been addressed. If the Council feels that this mitigation plan is adequate they could make that decision tonight and it would speed up the process, rather than requiring the applicant to come back for a decision on the provisional license. Mayor Willson stated his support of a mitigation plan with requirements for sufficient screening of tenants. Mr. Boganey indicated that the mitigation plan will be presented at the time the provisional license is to be considered. He noted at this time the applicant has not applied for a provisional license. Councilmember Ryan stated his support to review the staff report with a recommendation on how to proceed at an upcoming City Council meeting. 10d. RESOLUTION NO. 2009 -67 APPROVING SUBRECIPIENT AGREEMENT FOR HENNEPIN COUNTY NEIGHBORHOOD STABILIZATION PROGRAM Mr. Eitel provided a brief PowerPoint presentation on the subrecipient agreement for the Hennepin County Neighborhood Stabilization Program. Mr. Eitel and Mr. Bublitz answered questions of the City Council on the subrecipient agreement. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -67 Approving Subrecipient Agreement for Hennepin County Neighborhood Stabilization Program. There was discussion on restrictions on the Neighborhood Stabilization Program funds, specifically in relation to the time requirement for committing and spending funds. Mayor Willson commended staff for the work involved in bringing stimulus funds into the City. Motion passed unanimously. 10e. RESOLUTION NO. 2009 -68 DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 25 THROUGH JUNE 28, 2009 05/11/09 -6- COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: May 5, 2009 SUBJECT: Consideration of Renewal Rental License for 5301 Dupont Avenue North Recommendation: It is recommended that the City Council open the hearing to receive staff report and applicant testimony, then close the hearing, and then take action on rental license application. Should the Council wish to not renew the license, it is recommended that the motion be to direct Staff to prepare proposed findings for non renewal of the rental license and draft said resolution for the next Council meeting. Background: Section 12- 901(1) requires rental dwellings to be licensed. There are two types of licenses, regular and provisional. The property located at 5301 Dupont Avenue North is a six -unit multifamily complex owned by Spencer Ung. Mr. Ung applied for a renewal rental license on February 6, 2009, as the regular rental license will expire on May 31, 2009. In a memo dated March 10, 2009, Commander Benner notified City Manager g Bo ane g y that the six -unit rental ro ert located at 5301 Dupont Avenue North exceeded the .65 calls for service p P Y per unit. Section 12- 913(1) states, "Licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period as specified below are eligible only for provisional licenses. Properties with provisional licenses may qualify for a regular license only after a one year period with fewer than .65 police or fire calls per dwelling unit. On March 11, 2009, Mr. Ung attended a neighborhood meeting to discuss the concerns raised in the area as a result of his property. On March 12, 2009, Mr. Ung evicted the problem tenant (see Commander Benner 's memorandum dated May 5, 2009). On April 2, 2009, a notice of intent not to renew the rental license for 5301 Dupont Avenue North was mailed to Mr. Spencer Ung. He was given the option of applying for a provisional rental license or requesting a hearing before the City Council before final action is taken. A fax from Mr. Ung requesting a hearing was received by the City on April 16, 2009. City Attorney Charlie LeFevere reviewed the request and notified Mr. Ung of the date and time of the hearing, which is scheduled for Monday, May 11, 2009. Budget Issues: There are no budget issues to consider. LIC CIT OF BROOKLYN CENTER eipp�,4IN C". POLICE DEPARTMENT MN MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Kevin Benner, Commander DATE: May 5, 2009 SUBJECT: Excessive Calls for Service at 5301 Dupont Avenue North Update A review of all the six calls for service to 5301 Dupont Avenue North was completed to see if any of the calls were one continuous call or categorized incorrectly. All calls were confirmed independent from the other and accurately categorized. (These are the calls which are countable under the 12 -913 ordinance.) During this review, a seventh call was identified within the last 12 months. This was a drug possession call that occurred on March 4, 2009. (This information was included in the memo sent on March 9, 2009, but had not yet been counted in the total.) This call places the six unit property at 1.17 calls for service annual average per unit. The average to this property will not fall below the ordinance set limit of .65 until February 2010, if no additional calls are received. The owner (Spencer Ung) attended a neighborhood meeting on March 11, 2009 to discuss the concerns raised in the area as a result of his property and shared with neighbors his plan to evict. The owner reported, and it was confirmed by police, that all but two of the calls for service directly involved the same tenant that the owner evicted on March 12, 2009. After this eviction Crime Prevention Specialist Becky Boie suggested to the owner to complete the Crime Free Multi- Housing (CFMH) program. On May 2, 2009 the owner reported attending the classroom training on CFMH, which would satisfy the first phase of the three phases of the CFMH program. It was recommended to the owner that all three phases be complete and be a part of his written mitigation plan with a timeline schedule for completion included. This plan has not yet been received by the police department, but actions taken by the owner suggest a working progress to this plan. However, this plan still needs to be submitted in written form. Since the March 12, 2009 eviction, there have not been any calls for service to 5301 Dupont Avenue North, that would be counted under the 12 -913 ordinance. Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 (612) 337 -9300 telephone Graven Saint Paul (612) 337 -9310 fax St. Cloud http: /www.kennedy- graven.com C H A R T E R E D Affirmative Action, Equal Opportunity Employer CHARLES L. LEFEVERE Attomey at Law Direct Dial (612) 337 -9215 Email: clefevere @kennedy- graven.com April 30, 2009 Mr. Spencer Ung 6019 68 Avenue North Brooklyn Park, MN 55429 Re: Rental Property at 5301 Dupont Avenue North, Brooklyn Center, MN Dear Mr. Ung: I represent the City of Brooklyn Center, Minnesota as legal counsel. By letter of April 2, 2009, from City Clerk Sharon Knutson (a copy of which is attached), you were advised that the above referenced property would no longer be eligible for a regular license because of the number of police or fire calls occurring at that property from April 1, 2008 to March 31, 2009. By letter dated April 16, 2009, from you to the City Manager, you requested a hearing on the non- renewal of the regular license for the subject property. The purpose of this notice is to advise you that the requested hearing will be held at the regular meeting of the Brooklyn Center City Council on May 11, 2009. The meeting begins at 7:00 p.m. The City Council meets in the Council Chambers at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN. You may address the City Council on this matter at that time if you wish. Very truly yours, 03 C'-+-. Charles L. LeFevere CLL:peb Enclosure cc: Curt Boganey (w /enc.) 0 Sharon Knutson (w /enc.) Scott Bechthold (w /enc.) Kevin Benner, Commander (w /enc.) 351123v1 CLL BR291 -4 Rpr 19 09 12:30a p• April 16, 2009 Ung Properties, LLP Spencer Ung 6019 68"' Ave N Brooklyn Park, MN 55429 City of Brooklyn Center Office of the City Clerk 6301 Shingle Creek Parkway Brooklyn Center., MN 55430 Re: NOTICF OF INl'MI' NUT TO RENEW LICENSE., Dear City Manager, Ung Properties, LLP would like to object to the non renewal of the regular rental license and have this matter reconsidered on a future date and time set forth by the city clerk. Thu exceeding of the .65 number of calls per unit was isolated to one unit on the property. Ung Properties takes an active role in managing the property. In fact, even prior to the notice of the .65 call violations, Ung Properties had notified the one isolated unit that they would be evicted if they did not voluntary move out. The number of violations occurred between the notice of eviction and eviction court date. Ung Properties, LLP would like to keep the regular rental license it currently holds. Thank you, <5' Spencer Ung Landlord 612.532.78 16 Office of the City Clerk City of Brooklyn Center OT A Millennium Community Sharon Knutson, MMC City Clerk NOTICE OF INTENT NOT TO RENEW LICENSE April 2, 2009 Mr. Spencer Ung 6019 68 Ave N Brooklyn Park, MN 55429 RE: Rental Property At: 5301 Dupont Ave N, Brooklyn Center, MN Dear Mr. Ung: The regular rental license for the property described above will expire on May 31, 2009. You are hereby notified that the Brooklyn Center City Manager will recommend to the City Council that the regular rental license for the above address not be renewed. The licensing of rental dwellings in the City of Brooklyn Center is governed by Brooklyn Center City Code Sections 12 -900 through 12 -1401. Under City Code, there are two kinds of rental housing licenses regular and provisional. At the time of license renewal, and each six months during the license term, an evaluation is made to determine whether a licensee is eligible for a regular license. The City's records show that the licensed e above d an average o police ty ns d pr rinses listed abo had g f 1.00 poh or fir e calls per dwelling unit in the one -year period from April 1, 2008, to March 31, 2009. Because the average number of calls per unit exceeds .65 in the one-year period noted above the g P Y P City Manager has determined that the premises are eligible only for a provisional license. Accordingly, the City Manager will make his recommendation not to renew the regular license at a regular City Council meeting of May 11, 2009. City Code provides that no final decision may be made not to renew a license until the licensee has had an opportunity for a hearing before the City Council. If you were to have the City Council consider the question whether to renew your regular license, you must give written notice requesting a hearing to the City Manager. Notice must be received in the City Manager's office at the address listed in the letterhead of this letter, no later than 4:30 p.m. on Monday, April 20, 2009. If such notice is received by the City Manager, the matter will be removed from the City Council agenda and you will be given notice of the date, time, and place of the hearing. The hearing will be held to consider the non renewal of the regular rental license at the above noted address on the grounds that it is eligible only for a provisional license because the premises generated an average of .65 or more police or fire calls per dwelling unit as noted above. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Mr. Spencer Ung Page 2 April 2, 2009 At the hearing, you may be represented by legal counsel at your expense if you wish, and you may present oral or written evidence, arguments, and information. If you do not wish to contest the non renewal of your regular rental license at a hearing before the City Council, you may apply for a provisional license. Under City Code Section 12- 913.3, you must submit a mitigation plan together with your application for a provisional license along with the required fee of $157.50 for such license. The mitigation plan must describe steps proposed by the applicant to reduce the number of police and fire calls. The Brooklyn Center Police Department is available to answer your questions and assist you in the preparation of your mitigation plan; please contact Becky Boie at 763 -503 -3272 for assistance. Questions regarding license requirements should be directed to me at 763 -569 -3306. Sincerely, Sharon Knutson, MMC City Clerk Enclosures 4OL1 8 C1SY Op BROOKLYN CENTER 4 �OpYavF �vht POLICE DEPARTMENT MN MEMORANDUM TO: Curt Boganey, City Manager FROM: Kevin Benner, Commander DATE: March 10, 2009 SUBJECT: Excessive Calls for Service at 5301 Dupont Avenue North The six unit property located at 5301 Dupont Ave. N. had a notable spike in violent calls for service starting in mid February 2009. Since that time we have been in contact with the property owner, Spencer Ung, to address the issue of the increase in calls. As of the end of February 2009, the calls for service to the 5301 Dupont Ave N. property exceeded the .65 calls for service per unit as defined in the 12 -913 ordinance. During the past twelve months (3/1/08 to 2/28/09) there have been a total of 18 calls for service to this property, six (6) of which have been 12 -913 violations, placing this property at 1.00 calls for service per unit as of 2/28/09. Because these calls for service have just occurred and the 12 -913 ordinance tracks the previous 12 months calls for service, the average will not be below .65 until February 2010, if no additional calls are received. The following are the violations along with brief note of police actions taken: 8126108 Unit #5 Disturbance call citation issued First letter sent to owner 918108 I2 -911 12 -913 violation 1213108 Burglary -Unit #5 No arrests 12 -913 violation 2112109 Fight outside complex No arrests or unit identified 12 -913 violation 2116109 Robbery /assault/drugs Unit #1 Tennant of #1 arrested for robbery 12 -911 12 -913 violation Statement of Facts hand delivered to owner 2120109 2118109 CPS Boie spoke with owner. Owner attempted a mutual termination of lease with unit #1, tenant declined. 2124109 Burglary Unit #4 No arrests 12 -913 violation 2125109 Disturbance call unit #1, second violation Letter and call mailed on 314109. 2126109 Owner contacted CPS Boie stating that the tenant would be willingly moving out 2/28/09. 312109 Owner contacted CPS Boie and informed that the tenant did not move out. Owner proceeded to file for an eviction on this date as well (court date 3112109 at 10009 314109 CPS Boie contacted owner to let him know of the second violation as well as the calls to his property exceeding the. 65 threshold. Owner has been very cooperative with us to date. 314109 Renter from Unit #1 arrested for outstanding warrant. While officers were on scene, renter had drug paraphernalia in the unit 315109 CPS Boie contacted the owner to apprise him of the warrant and drug paraphernalia arrest that occurred on 03104109 and provide a statement of facts to assist in eviction proceeding. There is a neighborhood meeting scheduled for 3/11/09 at 1830 at the request of the neighbors due to the increase in police cars at the 5301 Dupont Ave. N. building. Mr. Ung has also agreed to attend the meeting. In review of all the calls for service, all the identified nuisance calls have a direct relation to unit 1, except for one call. Cc: Scott Bechthold, Chief of Police City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager From: Gary Eitel, Community Development Director L` Date: July 21, 2009 Subject: Resolution Accepting a Donation of Land (Palmer Lake Park Margaret Ditter Parcel) Recommendation: It is recommended that the City Council consider the adoption of a Resolution Accepting a Donation of Land. The donation involves the formal dedication of approximately 3.63 acres of land contained within the Palmer Lake Park Background Information: A recent subdivision of the Margaret Ditter homestead, located within the City of Brooklyn Park, discovered that the Certificate of Title included 3.63 acres which lies south of the corporate boundary of Brooklyn Park. This remnant parcel is part of the larger wetland area of the Palmer Lake Basin and has been indentified on all City Maps as Palmer Lake Park. A review of City records indicates that the Village of Brooklyn Center began to assemble land ownership within the Palmer Lake Basin area in the late 1950's. The Hennepin County Property Identification Number (PID 26- 119 -21 -31 -0001) ,which was thought to include this property, has a Certificate of Title for the northern portion of the Palmer Lake Basin, which was registered to the Village of Brooklyn Center on February 18, 1959. The attached map illustrates the location of this parcel. Budget Items: There are no budget issues associated with this donation. Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed 'land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. i Hennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this information or its derivatives. IN r t TTT X `r j jam' x s �',€r'� �r �'.S .sa a 74 AVE N T BROCK LA J`1 I 74TH AVE Ji{ I x 76kD LA 1�i. 9' -�S z r f,� a`'`. t y k i IN i R Yx xcr Kti 4s t `P� 3 Num 3� Selected Parcel Data Date Printed 12/9 /2008 12:41 PM Parcel ID: 26- 119 -21 -31 -0001 Current Parcel Date: 12/3/2008 Owner Name: CITY OF BROOKLYN CENTER Parcel Address: 7027 OLIVER AVE N BROOKLYN CENTER, MN 55430 Property Type: COMMERCIAL -PREP Sale Price: #0.00 Homestead: NON HOMESTEAD Sale Date: Area (sqft): 6180144 Sale Code: Area (acres): 141.88 A -T -B: TORRENS Market Total: #0.00 Tax Total: #0.00 ,r__ rr 1011 Oil nnni Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING A DONATION OF LAND WHEREAS, MAF Holdings, LLC has delivered to the City a deed for the real property legally described as follows: That part of the West 330.46 feet, as measured along the North line, and parallel to the West line thereof, of Government Lot 5, Section 26, Township 119, Range 21, Hennepin County, Minnesota, lying Southerly of a line drawn between the East and west quarter section corners of said Section 26, and lying North of the United States meander line forming the Southerly boundary thereof (the "Property"); and, WHEREAS, the Property has been in use as park property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the donation of the Property to the City is hereby accepted. 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 passed and adopted. Work Session Agenda AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 27, 2009 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. EBHC Link and Lease Agreement Request of Oliver Companies 2. Walking Tours EBHC 3. Bass Lake Road Regional Trail Streetscape Project Update, Improvement Project No. 2009 -18, Contract 2009 -I 4. Crime Mid -Year Report 5. Firehouse Park/Parties in the Park PENDING LIST FOR FUTURE WORK SESSIONS July /August 1. Sign Ordinance Review 2. Robbinsdale School District Elementary School 3. Strategic Plan Goals Outcomes Success Measures 4. TIF Districts Update 5. Brookdale Mall Update 6. 57th and Logan Update 7. Administrative Fines Update 8. Curbside Clean Up Program —Jim Glasoe Later /Ongoing 1. Strategic Outcome Reports 2. Department Year End Reports 3. Legislative Update 4. Community Schools Update 5. 2011 Brooklyn Center Celebration —Status Report 6. Center Pointe Apartments Update 7. Neighborhood Designations 8. Utility Rate Changes 0 Work Session Agenda Item No. I City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: July 22, 2009 TO: City Council FROM: Curt Boganey, City Manag& SUBJECT: EBHC Link and Lease Agreement Request of Oliver Companies COUNCIL ACTION REQUIRED The City Clerk received a request from the Oliver Companies to discuss the status of the Development agreement negotiations. We have no further information regarding this request at this time. It is expected that representative(s) of the Company will be present to present. BACKGROUND COUNCIL POLICY ISSUES i 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Work Session Agenda Item No. 2 i ST City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services DATE: July 23, 2009 SUBJECT: Brooklyn Historical Society Tours at the Earle Brown Heritage Center At your urging, Judith Bergeland and I met with representatives of the Brooklyn Historical Society regarding their intention to conduct historical tours that included the Earle Brown Heritage Center. Discussion centered on our shared goals of preserving the history of the Earle Brown Farm, the current operation of the Earle Brown Heritage Center as a conference and events facility how we might work together to simultaneous) reserve the past and t3' g g YP p promote the future of this important community asset. We discussed the who, what, where and when of the tours and talked about the areas that could and could not be included. We talked about the proposed schedule of the tours and the need to coordinate the tours with our schedule of events. Lastly, we discussed the liability implications of having the Historical Society staff conducting tours on our property. We noted that our loss /risk representative recommended we designate the Historical Society tour guides as official city volunteers, as this designation would then cover the liability issue. The Brooklyn Historical Society is speaking with their loss /risk representative to make Y tY p g p certain this suggestion meets its requirements as well. Pending that approval, we will move forward with developing a volunteer position description and completing the volunteer applications. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number g y y Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org i Since our meeting, we have had numerous correspondences with Historical Society staff clarifying items and making certain we are moving forward from a common set of expectations. To date, the Historical Society has conducted three tours, with another planned for early August. Our coordination efforts have proved to be very successful, as the Historical Society has been able to conduct the tours, while we continue to effectively run our operations. As always, please let me know if you have any questions, or would like additional information. C:T:hce Brooklyn Farm Tours:) Historic Home of Earle Gwen Brown in the heart of Brooklyn Center Minnesota Walking Tours offered the first Saturday of every month, May through October, 11 a.m., Rain or Shine. Thanks to the Embassy Suites Hotel, 6300 Earle Brown Drive, Brooklyn Center, Minnesota. tours begin in their lobby. Prehistoric bones of occidentatis bison were found nearby. Ojibway, Sioux and Winnebago camped on the banks of Shingle Creek before and after the farm came to exist. Earle Brown created the Minnesota State Patrol and buried his prize Belgian horses on the land you will walk. Learn more about this extraordinary man, his wife, and home. Enjoy lunch at Ida Marie's Restaurant after the tour: $6 for a 3- course meal and beverage (25% discount) for tour participants, courtesy of Earle Brown Terrace. Tours presented in cooperation with Earle Brown Heritage Center by the Brooklyn Historical Society 5600 85th Avenue North Brooklyn Park, Minnesota 55433 763.536.0842 www.thebrooklyns.com brooklynhistorical @yahoo.com P society Work yes sion Agenda Item N 3 I MEMORANDUM COUNCIL WORK SESSION ITEM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works 54�1 DATE: July 22, 2009 SUBJECT: Bass Lake Road Streetscape and Regional Trail Project Update Council Action Required: The following information provides an update pertaining to the Bass Lake Road Streetscape and Regional Trail project. No action is required. Background: In June 2009, the City was awarded a $2,000,000 grant under the America's Recovery and Reinvestment Act (ARRA) federal stimulus program for this project. On July 13, 2009, City Council authorized a contract with SEH, Inc. to prepare plans and specifications, and authorized staff to proceed with acquisition of the needed project easements. City staff and supporting consultants have since vigorously proceeded with the development of the project. Improvements The attached figures and exhibits have been prepared to show the project limits and proposed improvements. Detailed plans and specifications will be developed based on these final plan concepts. Cost Estimate /Funding A preliminary cost estimate has been developed based on the proposed improvements as shown in the above referenced figures. The original estimated project amount was $3,000,000. Costs have been grouped into basic project elements and alternative elements. Basic project elements include the proposed improvements that were included as part of the ARRA federal stimulus funding package. The alternative elements include optional improvements that were not specifically included in the funding package but are improvements that have been further evaluated for possible inclusion in the project. Factors that most affect the inclusion of the elements pertain to the funding support from Hennepin County and Three Rivers Park District. City staff is continuing to pursue these funding partnerships and will update City Council as we proceed. Below is a summary of the project costs: City of Brooklyn Center I Bass Lake Road Streetscape and Regional Trail Update Bass Lake Road Update Memo, July 22, 2009 Page 2 of 3 Basic Elements (ARRA submittal project) 1. Streetscape, Trail and Sidewalk 752,000 2. Medians and Biofiltration Basins $1,080,000 3. Decorative Lighting 691,000 4. Regional Trail (Xerxes Ave. to Shingle Creek Pkwy.) 155,000 5. Crosswalk Enhancements 60,000 6. Signal System Revisions (Pedestrian Countdown Timers) 15,000 7. 20% Design. Admin and Leizal 550.000 SUBTOAL $3,303,000 Alternative Elements 8. Mill and Overlay (Brooklyn Blvd to Hwy 100) 416,000 9. Pedestrian Bridge (new, south side, across Shingle Creek) 146,000 10. Pedestrian Bridge (refurbish existing, north side) 53,000 11. Concrete Crosswalks/Enhanced Intersections 394,000 12. Free Right Removal (Northway Dr. east/mall entrance) 299,000 13. Signal System (new, necessitated by Free Right Removal) 292,000 14. Guardrail 24,000 15. 20% Design, Admin and Leeal 320.000 SUBTOTAL $1,920,000 PROJECT TOTAL $5,223,000 Funding for this project includes federal stimulus funding ($2,000,000) and possibly funding from Three Rivers Park District, Hennepin County, City TIF District 3 ($2,121,248 current available balance), and could include assessing the benefitting properties for portions of the improvements similar to what was done for the street improvements along Xerxes Avenue if needed. The Park District and County have not committed to funding at this point, but staff is continuing to pursue these multiple funding options. Official funding requests for portions of the basic and alternative elements will be presented to the Park District and County within the next week. It is anticipated that if these options are supported by the Park District and the County, participation by the City for the basic elements would be something less than $1,118,000 (dependent on County participation) and the alternative elements would be approximately $832,000. Easements On July 13, 2009, City Council authorized easement acquisition needed for the proposed improvements. Staff has received executed easements from a few properties that dedicated the easements and are continuing to work with a few other property owners towards the dedication of these easements. One property owner (old Jerry's site) has declined to dedicate the requested easement. An easement is desired on this property for the existing sidewalk and a small portion of proposed sidewalk at the intersection of Northway Drive (west). Options to proceed with this property include obtaining the easement via a prescriptive easement by Council resolution, not performing any improvements on this property and avoiding the need for the easement at this time, and/or obtaining an easement and requiring similar proposed improvements as part of City of Brooklyn Center I Bass Lake Road Streetscape and Regional Trail Update Bass Lake Road Update Memo, July 22, 2009 Page 3 of 3 any future redevelopment of this property. All three options are viable and allow us to proceed with this project. Dedicated easements have not yet been received from two properties that are necessary to proceed with the project, Brookdale mall and Midas. However, the property owners /representatives have indicated their support of the project and intention to dedicate the easements staff will continue to work with them towards this goal. Due to the specific requirement of these easements for project approval and the stringent easement acquisition timeline, staff has proceeded with the parallel acquisition effort that includes making official offers for the needed easements on these two properties. The Brookdale mall easement was appraised at $133,800 and the Midas easement was appraised at $21,000 offers have been made accordingly. Although these official offers have been made, dedicated easements are still expected to be obtained. In this instance, the offers would simply be disregarded. However, should a property owner accept the offer in lieu of dedication and not be willing to partner with the City, staff will further evaluate the need and feasibility to assess benefitting property owners for a portion of the project cost at assessment rates similar to the Xerxes Avenue project to ensure possible project funding shortfalls are met. Staff will update City Council as we proceed. Schedule July 27, 2009 Project Update City Council Work Session August 3, 2009 Submit Project Memorandum to Mn/DOT August 7, 2009 Notice of Quick Takes (if needed for easement acquisition) August 10, 2009 City Council/EDA Easement Dedication on City Owned Property September 2009 Mn/DOT /County /Three Rivers Park District Plan Approval September 28, 2009 City Council Plan and Spec Approval September 28, 2009 City Council Authorization for Bidding October 29, 2009 Bid Letting November 9, 2009 City Council Bid Award November 8, 2009 Easement Submittal to Mn/DOT Deadline November 13, 2009 ARRA Deadline for Full Project Annroval Spring 2010 Construction Start Fall 2010 Project Completion Council Policy Issues: Does the City Council support the basic elements of the project and the costs /funding for the basic elements? Does the City Council support pursuing the alternate elements of the project? City of Brooklyn Center I Bass Lake Road Streetscape and Regional Trail Update fessed m edian I 0 rr+� r Planteddep gioinfiltration pry leve� r ock a r Colored co n an te strip spreader $s..., t ten tre �ain r- i1� µo m yr turfrea err. Ef f. F (t astilfnt. tree �tl p t J r L r► P, s— t• 0 verstorytree5 tenan,e strip e4 n t 9�b ..i 1 fl' sit w r a! i t. a t, q. 41 s vii: f. -a f S t If E 1in eIr rr I n Transit stop Road V' jopment Bass lake p {e5 gn oe ob Stormwater grit chamber Planted depressed median V -6" maintenance strip Stormwater runnel Colored concrete No -mow turf area Retaining wall intersection treatment Ornamental trees Dry rock level spreader or fif WWI[ f f ``4'1 I''�f I[ F r F all rre rc� ��rrrrfr Errf1'tr! F ,rte r i 1*11" tFk Fs. t Ff IF elf /EQ "Q'` L fY fft/ /lsr Efrffertlf'E' r !m rWsrei or- .nar c OvWtory-b ees a r (P a Perennials \v' q Shrubs Trail kiosk F�� 7 \��r\ \d 'n \��✓y ter\\ a eo h Design Development Bass Lake Road East Streetscape S E H Brooklyn Center, MN July 27, 2009 IW�I I� <N> 0 25 50 SET RUSH 'soN GM 1 OV RNN K rw w au ��EOO loax ssr� �TOa EFF� v ��C Iu" A CLEANOU ISER 0 TAIL TA N N WALL 0 TA TLET y e' 2.0'— woES O 0'-26 -2 2' p l 6, MN. wau 0618 RETA 9 4 TOP5 i I 2• SNRE�CN 3.5' 2 ItIP RAP o PLANTING 2.0 3' NCRETE— C O 1 2.0% J N N p,C E STRIP O 'r._ M A I TE g ASE `J A:. O A E 1 AGGRE SRC 2211 g 6 N CLASS CING 5 4 B AR MIN. a DOWEL J( WITH No. RE AP FOR NCRETEJ S g T 4 OFSSEEDEAND TORS0IL eEO, YZ HED WAS STONE 4 ,T C0 CU N GF2A t STRIP STALLATI� TILE FABRIC NCE IN NOTES: GEOTE% MAiNTEREGATE BAS I S" PVC (PERF ED A AS)� 1. WRAP L 8ED WITH 4 GRAVEO�RLAP. S L 4 AGG r j 221 ALL GRA WITH 2.5 MtN. TO STORM SEWER T pjcA RD FREGIONAt- TRf+� rt ASS 1 T..trAL I 1 1�(E RD L R E S C,ApE 6„ 2 T 8" PVC Sc�E PLANIFOR LOCATIO ����qq �,,A1 �rAPE i ML a Section A -A': Bass Lake Road (view to East) Washington County South Service Center ILI Stone Bench and Stone Seat Cube 4A M1111111111111 G V14 01 1 IM P Ate 1� 1 y Xerxes Avenue Litter Receptacle and Bench Bozeman, Montana Libray City Campus Minnetonka, MN Design Development -Bass Lake Road Streetscape Site Sections Details Brooklyn Center, MN S E July 27, 2009 ends item N 4 Work session Ag COUNCIL WORK SESSION MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: July 23, 2009 Subject: 2009 Mid -Year Crime Report COUNCIL ACTION REQUIRED This is an informational item. BACKGROUND The Chief of Police will provide an overview of the attached 2009 Mid -Year Crime Report. COUNCIL POLICY ISSUES .0 Ah MINI, I Y< Violent Crime Lowest violent crime total at midyear since 2005 Robbery, the "bellwether crime," is down 22.22% from 2008, same for 2007 The commercial area has seen a dramatic decrease of 40% from 2008 Medium correlation between traffic stop arrests and robberies Property Crime Down 13.75% from 2008 Lowest midyear total since 2005 r fi What's Working Problem Oriented Police Unit Commercial Unit Summer Suppression Team First six weeks Felony Arrests 28 G/M Misdemeanor Arrests 45 Traffic and Subject Stops— 260 'I lip i What's Working Truancy and curfew enforcement 2009 2008 T 103 102 C 365 268 Medium correlation between traffic stop arrests and robberies i 00 0 2 009 ,0 0 b �'es Ro �n to a nu ary 50 Ro bbe 40 r Trend 35 30 25 15 10 2009 2009 5 2006 200 3 2004 2005 0 01 2002 200 2000 Arr eSt °ta s raffic to S p to •un 200 0 2009 an uary 1 1600 gaTLEs 1400 Trendline 1200 1000 800 600 400 200 2006 2007 2008 2009 0 2002 2003 2004 2005 2000 2001 What's Working National Night Out Recruitment 2009 2008 199 176 i Part C Statist*cs an to.u 30 IN Mike" ryl� I r I 111 mom i {Illi'i lY il!M rlj IPiI!i 1�1I 9 �9 i I��iI{i I {i V IiP j illl �di Iy �I gV I I I I I� Ill 1 l P w �I� V Ili Vi 11 I ��il I Ii�I���I����II�V�l�� �'�A�I I I 1 j' it i }}Ih9� I iI b P Y I i l i 'Ili ii' 1 1 II y. fit r �.z.., r 2 `�.a ",�ks.^a�ti i if.�` k✓ ��,z s ��r .�.t r *��r„ �s I 'Am Farcile lapels. ,a .�f",� 5 P" e 3 ,�i✓ r 3l a rr i IA'.�ifi z r s �dv 5 ov ;.'�r< r xy-`� I�, `�a '�S� r �F'f.,..4,�` 3rs x y` '.V.��, w� z y,�C„ a:x ,.,,au��G' x.: ,x�?� ��'a� \rte uks .,��a��,fY Aggravated :Assault 37 3 +5,71, a>'z "x`,. x r,,� a `\4 i `e a fur la:r 15 ,r m,- �`�3 r!�%/; 6� ,,ems" zsy ti e h area,,.. d aza a r 3 r, 1✓ V \y Au:o' C left a 81: .123% 3 x j y a� V" y` ��I i 3. 'z �r z z v a. r �,,,r sex .z✓oj Hi> vi. A cr �,'��l`,! .mss€ `i��'�, �..z7a.;, x ��`\�.,�'sz 2._,.i r,�, rl� »,�,>r .»u /`�.a:�»�� r>f "zI' I P IW �vf 3z n z' E �y✓ A d 'w z ,zaw... a ?�ay� y aiw a .ra.. <3K,.w<.�.• w'de Patter OW Ana Nsis a nd 0 15 com ared 011 36. /o ces Ra e u uaintan and 0 35 S sto ps ar�d t� Brooklyn Blvd in Mast ca ses involving ac down 2 traff�� stop d to ecrease oboe vis inc ibility Area ha ve c orrela te a d Bus R h�� mercial PAC reased entered around the aroun the Cam snatch 1es r obber robber► us stopped If' Fed S patter ortly n of purse ruary uary Feb Posted at t\-\e g Hu b ,n ]an no tices p ber►es ha Crime alert es of rob for the tis` half 209 reports of these tyP robbery th the 26 p arrested for 11 of ales Were juven Ana yss patterns an Fon nued o 5.1/a� 37 compared to 35. ba ted Assaults W vated Assault uP 7 w ere domestic in nature rava typically ���o���ng 54% of the Agg roues typ uvenin►ere identified Several rivalr►e les, s betwe uncooperative j an d Analysis Patterns Co n tnued 15 atterns 0 1 5p Bu%lar m► aced to co 1 o lary p y 'P a 't has 5een and several burg Metro-Wide of t he c Y truan�Y checks Southeastern P o ped When We fo c u sed on duringthe through the first half of the Yea es accessed st P {orceme o en garag pattern had in Ap p e doors en increas at n�gh� `oa garag e bUr gla Y gar accessedts to Shut and {{ice buildings, aay a unlocked g remind r esiden bu ildings. 0 patter Industrial eli Crime alert sent to y e arrest of tw° W commercial burg e d singe th A'Pril -MaY r laries hiae declin Com merci�mergial burg known co ys tterns a ue d co ntln mare= 807 X0.82% 639 51 �a�rc�� a large de�reas o f 36 ye close gr 000 Sho'P�ift�ng had macv's an ho�l'�fting 1 a o f 1mP es educed ch a dub and KOh��S i stor Mall eriphee �n stores P O'Cing increase of AS eX'Pected, pncreas d Kohl's had an hate seen an �n�rease of 3.77% a e o f 3.21% Cub 14� hod �from 2oog a slight decrea 2nd 57 vehicles had go/o, Wh ile th Motor i �f o Theft from 2009 SaW an o f 0. V /0 1 St quarter SaW a decreas quarter 2009 5 and Ana Patte t n ued n to o g0 compar o ,n lanuary dP v v n 1 .23 T the observed e5 and several Auto e auto �,hom of open ignition unity Place T °W pattern a rticu�ar�y at curbed th February, p citations ions gas stat force open ignition to en o ccurring bars w►th initiative t h e fts from B g�vd Stolen types of auto 5 from 6121 trucks bu pattern of auto theft i Heart �n Ap dealership -Ma`l� ota Ca s for Serv*ce .v compar son r; m om- i S r, 1" WINN i l� I� i i l�p�l (�I I C I 11 i MM Ca s for Service Comparison Brookda e, Apartments and Mote s I�lii �S s 1 �1 "�lli�i i I u, "t y x `fish r s �Z ^�`c F a ,3 c .7� z z �\C!§, �.�t f �s �'F',�o,. I, ,�T� P �c a 8 Est $Q t i y a p? }g N r Nd 3 "3L'b f Y :e S F r x� �3 p To p 10 Locations for Ca s for Service *Does not include Spot, Medical, Traffic, EMS, Accident, Serve or Warrant calls II YI I' I� III CBS 3'�';.. �x�h i• ENNU O K r s 1 Brookdale 52 o ©kdale 822 Br 3 �q, i b 'wx T e v y c 3 3 a k ✓a �!,c.. z y s3 s, 3 Twi Lakes:i4pts 183 Centerpaih e 337 m.,�a L .gyp rte Tt gk� „3 ,u war d Y z 4t't� E 2 ✓X' r 3 t' F a �:8 c 3 �;I' 6 tr ak ,a1 s ��/�'1 t� „a'rraa a,.as�#k,,. r:.F�< /r „�is��� 4 nr 3r „rY 5 Humboldt Curt 14 Super 8 178 ondQs a za' s. a°rn;a x e ay a <M” r 4 ,y r -c sr lo t a ti "AF €d� g y WA a g �"'f �,i �v� i. ,yk` I 7 Motel 6; 1 lUl`� Buy Haub 138. 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Fm r? „r 3 r ,r:t: �F.s h s y, Krv` Y ,a P'.,„ z, r,., A'. l.. 1 9 a•,... f k:' i'l s a Homicide D 0 rtf a 2 66 67 °Q MINN h �a ME p' E� z �sM} i ,1 a T y iti? �a „z s-��k n 'n•5 o �..'°L t' �q Kam•,°:,.. .a.q ..E <,.a, .',A Robbery 35 14 40 00% 4S 15 _333a .q Yid K �s •eq l r x U a wo. sa 41 3 r e x.zr,m`. -r ^—s x 'a��1�'Y"5,:•. x^ L L .q a, z r^ r L Kh ug La.rce ny 639 265 414° 8}7 4.15 S 1 .43 ,k Yd. r r„x'v`�,' xE :3 ;v a a.s �i F S E q q•', ,mss e 1 :i r 33 $�aa .a�.: 3 P :Y,., ,..i s �ir�r a. \ta s 3';. >,.7 }pk Arson "r e,., 8 r'r .x.a, a„r t. �a w.:r ,a�'�'�'�: a C`�'�.,�w l i i v, ,w� s ,5�. >i' .��:3 r is_ �',.��Sa".. Pi��,a ,,,;e�.. �3 w,,wuu�° „x.. �.�4 "•�,r:.:��.:.. w Y, ;�°s� n:.., PIPE i Work Session Agenda Item No. 5 r COUNCIL WORK SESSION MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: July 23, 2009 Subject: Firehouse Park Update COUNCIL ACTION REQUIRED This is an informational item. BACKGROUND The Chief of Police will provide an update from the Firehouse neighborhood park meeting that was held on Monday, July 20, 2009. COUNCIL POLICY ISSUES