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HomeMy WebLinkAbout2009 12-14 CCP Regular Session Public Copy AGENDA • CITY COUNCIL STUDY SESSION December 14, 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 • i HRA MEETING City f Brooklyn Center Y Y • December 14, 2009 AGENDA 1. Call to Order —The HRA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including HRA (Housing and Redevelopment Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers b the Secretary. . Y 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Housing and Redevelopment Authority (HRA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes — Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 2 — • 1. September 14, 009 Regular Session g 4. Commission Consideration Items a. Final Market Value Levy and Budget Resolutions 1. Resolution Establishing a Final Property Tax Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2010 Requested Commission Action: — Motion to adopt resolution. 2. Resolution Approving the Final Budget for the City of Brooklyn Center Housing and Redevelopment Authority Pursuant to Minnesota Statutes Chapter 469 Requested Commission Action: — Motion to adopt resolution. 5. Adjournment EDA MEETING i City of Brooklyn Center December 14, 2009 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. November 23, 2009 — Regular Session 2. November 23, 2009 — Executive Session 4. Commission Consideration Items a. Resolution Approving the Final Budget for the City of Brooklyn Center Economic Development Authority for Fiscal Year 2010 Requested Commission Action: — Motion to adopt resolution. 5. Adjournment • I • CITY COUNCIL MEETING City of Brooklyn Center December 14, 2009 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. — provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements or for campaign olitical u oses. Council Members will not enter into a P purposes. dialogue with citizens. Questions from the Council will be for clarification en only. O g Q Y p Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 P .m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call • 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. November 16, 2009 — Joint Work Session with Financial Commission 2. November 23, 2009 — Study Session 3. November 23, 2009 — Regular Session b. Licenses C, Approval of Site Performance Guarantee Reduction for 5545 Xerxes Avenue North (Wendy's International) d. 2010 City Council Meeting Schedule e. Resolution Accepting Project No. 2008 -17, Contract 2008 -K, Capital Maintenance Building Plan Project and Authorizing Final Payment to . Commercial Systems, LLC f. Resolution to Authorize the City Manager to Sign and Execute Grant Contracts with the Minnesota Department of Public Safety Y CITY COUNCIL AGENDA -2- December 14, 2009 7. Presentations / Proclamations /Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Ronald A. Warren for Over 35 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: — Motion to adopt resolution. b. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Officer William Koncar Requested Council Action: — Motion to adopt resolution. C. Resolution Expressing Recognition and Appreciation of Rex Newman for His Dedicated Public Service on the Northwest Suburbs Cable Communications Commission Requested Council Action: Motion to adopt resolution. d. Resolution Expressing Appreciation for Donations from the Babe Ruth Organization Requested Council Action: — Motion to adopt resolution. 8. Public Hearings a. An Ordinance Relating to the Regulation of Signs; Amending Brooklyn Center City Code, Sections 34 -130 and 34 -140 -This item was first read on November 9, 2009, published in the official newspaper on November 19, 2009; and is offered this evening for public hearing. Requested Council Action: — Motion to open public hearing. — Motion to take public input. — Motion to close public hearing. — Motion to adopt ordinance. 9. Planning Commission Items None 10. Council Consideration Items a. Hearing for Anthony Francis, 7125 Kyle Avenue North, Regarding Potentially Dangerous Dog Declaration Requested Council Action: — Motion to open hearing. — Receive testimony from appellant. — Motion to close hearing. — Motion to uphold or reverse the decision and findings of the Animal Control Review Panel. CITY COUNCIL AGENDA -3- December 14, 2009 • b. Consideration of 2010 Budget 1. Resolution Approving Final Tax Capacity Levies for the General Fund and Housing & Redevelopment Authority and Market Value Tax Levy for Debt Service Fund for Property Taxes Payable in 2010 Requested Council Action: — Motion to adopt resolution. 2. Resolution Establishing a Final Property Tax Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Authority Redevelopment y for Fiscal Year 2010 Requested Council Action: — Motion to adopt resolution. 3. Resolution Adopting the 2010 General Fund Budget Requested Council Action: — Motion to adopt resolution. 4. Resolution Adopting the 2010 Special Revenue Fund Budgets Requested Council Action: — Motion to adopt resolution. 5. Resolution Adopting the 2010 Debt Service Fund Budgets • Requested Council Action: — Motion to adopt resolution. 6. Resolution Adopting the 2010 Capital Project Fund Budgets Requested Council Action: — Motion to adopt resolution. 7. Resolution Adopting the 2010 Enterprise Fund Budgets Requested Council Action: — Motion to adopt resolution. 8. Resolution Adopting the 2010 Public Utility Fund Budgets p g Y g Requested Council Action: — Motion to adopt resolution. 9. Resolution Adopting the 2010 Internal Service Fund Budgets Requested Council Action: — Motion to adopt resolution. 10. Resolution Adopting the 2010 -2024 Capital Improvement Program Requested Council Action: — Motion to adopt resolution. 11. Resolution Adopting 2010 Water Utility Rates, Fees and Charges Requested Council Action: — Motion to adopt resolution. 12. Resolution Adopting 2010 Sewer Utility Rates, Fees and Charges Requested Council Action: • — Motion to adopt resolution. 13. Resolution Adopting 2010 Storm Sewer Utility Rates, Fees and Charges Requested Council Action: — Motion to adopt resolution. CITY COUNCIL AGENDA -4- December 14, 2009 • 14. Resolution Adopting 2010 Street Light Rates and Charges Requested Council Action: — Motion to adopt resolution. 15. Resolution Establishing 2010 Recycling Rate Requested Council Action: — Motion to adopt resolution. C. Mayoral Reappointments to City Advisory Commissions Requested Council Action: — Motion to ratify Mayoral reappointments. d. Resolution and Consent Order Imposing Civil Penalty for Duoos Brothers American Legion Post 630 at 6110 Brooklyn Boulevard Requested Council Action: — Motion to adopt resolution. e. An Ordinance Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010 Requested Council Action: — Motion to approve first reading and set second reading and Public . Hearing for January 11, 2010. f. Resolution Setting Salaries for Calendar Year 2010 Requested Council Action: — Motion to adopt resolution. g. An Ordinance Relating to the Regulation of Rental Properties; Amending Brooklyn Center City Code, Sections 12 -101 through 12 -1401 Requested Council Action: — Motion to approve first reading and set second reading and Public Hearing for January 25, 2010. 11. Council Report 12. Adjournment AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION December 14, 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. Request from Special Events Committee 2. 6101 Beard -6037 Brooklyn Blvd Update 3. Multiple Rental Property Owners Report 4. City Property Tax Comparisons 5. S i s ter City Update 6. Administrative Fines Update 7. Rental Licensing Criteria Update PENDING LIST FOR FUTURE WORK SESSIONS January 1. TIF Districts Update 2. Strategic Plan Goals— Outcomes Success Measures 3. Local Government Aid Policy . 4. Brookdale Mall Update 5. Community Gardens 6. Group Home Report 7. Meetings with Commissions 8. Joslyn/City Property Remediation Update Later /Ongoing 1. 57th and Logan Update 2. Strategic Outcome Reports 3. Department Year End Reports 4. Legislative Update a. Prosecutor Services 5. Community Schools Update 6. Ordinance Amendments — Farmers Market 7. 2011 Brooklyn Center Celebration Update 8. Crime Free Housin g Update date 9. Random Acts of Kindness — Mayor Willson 10. Neighborhood Designations 11. Junk and Inoperable Vehicles Update — Back Yard Parking 12. Minn. Stat. 273.128 4d Rental Properties — Annual Report 13. Visit Minneapolis North Update City Council'Agenda Item No. 6a 1 • 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 NOVEMBER 16, 2009 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Mark Nemec and Susan Shogren Smith. Commissioner Rex Newman arrived at 6:54 p.m. BUDGET DOCUMENT REVIEWS City Manager Curt Boganey informed this evening was the last meeting before the Budget Hearing • scheduled for November 30, 2009. He stated Public Works Director /City Engineer Steve Lillehaug would briefly outline the 2010 -2024 Capital Improvement Plan and highlight the 2010 projects. Public Works Director /City Engineer Lillehaug highlighted the 2010 project areas including Dupont Avenue Reconstruction, Twin Lake North/Lakeside Neighborhood, Vincent Neighborhood, Arboretum South Parking Lot Reconstruction, Wetland 639W Participation with Shingle Creek Watershed Management Commission (SCWMC), Storm Water Ponds 12 -002 and 12 -003 Dredging, Shingle Creek Stream Bank Stabilization (CR 10 to I -94), Capital Maintenance Building Program 2010, Willow Lane Open Picnic Shelter and Park Improvements, Grandview Park Trail, Kylawn and Firehouse Parks Trail Rehab, and Bass Lake Road Streetscape and Regional Trail. He informed this plan has been consistent and compared to 2009, not much has changed. However, in 2024 the Woodbine Neighborhood had been added since he believes this area will need improvements after reading establishing dates for this neighborhood. There was discussion regarding the decision to move up and push back neighborhood projects. Public Works Director /City Engineer Lillehaug informed neighborhoods are maintained and that he will be going out and reviewing and prioritizing in 2010. City Manager Boganey added that in the future they hope to have professional, expertise help, with an outside system that updates on an annual basis and will consider going out for RFP's in the near future. It was noted there were a few areas that had been completed and not listed as completed on the • 2010 -2017 CIP project area map. These areas will be highlighted as completed for future documents. 11/16/09 -1- DRAFT There was discussion regarding the design for Dupont Avenue and whether or not calming traffic layouts would be included with the project. It was noted that in 2010 there is a concept plan scheduled and staff is considering neck downs. In the next couple of months the feasibility study for this area will be introduced for consideration and approval. Fiscal and Support Services Director Dan Jordet outlined the following funds: • Capital Improvements • Municipal State Aid Construction • Infrastructure Construction • Earle Brown Heritage Center (EBHC) Capital Projects • Street Reconstruction • Technology • Central Garage Operations REMAINING BUDGET SCHEDULE The Budget Hearing will be held November 30, 2009, and the Budget Adoption will be on December 14, 2009. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at 8:17 p.m. Motion passed unanimously. 11/16/09 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 23, 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 City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Yelich requested the following correction to the Joint Work Session with Financial Commission minutes of November 2, 2009: Pave 2, additional sentence to the end of first parauaph "Council Yelich expressed a desire to have rental licensing expenses paid by license fees rather than property tax." It was the majority consensus of the City Council to accept the correction the November 2, 2009, Joint Work Session with Financial Commission minutes. Councilmember Yelich requested discussion on agenda item 10a. He inquired about language included in the contract with Northern Waterworks, Inc. that supports staff's recommendation to authorize Change Order No. 2 for the project. Public Works Director /City Engineer Steve Lillehaug replied that there are no specifics in the contract language regarding the material of the existing meters. He stated he felt it was a reasonable assumption by the contractor that they would obtain salvageable scrap metal, as this is the most common type of meter. It was noted that the Automated Meter Reading Improvement Project was completed $211,125.57 under budget, which includes Change Order No. 1 and Change Order No. 2. Councilmember Roche requested discussion on agenda item 10e, specifically in relation to the is demolition timeline. Assistant City Manager/Director of Building and Community Standards 11/23/09 -1- DRAFT Vickie Schleuning replied that January 2010 would be the earliest time to begin this process, • weather permitting. MISCELLANEOUS Councilmember Yelich stated the Park and Recreation Commission requested clarification on the minutes of the October Financial Commission meeting, which state that "The Dudley Tournament beer sales have helped generate revenue at Centerbrook approximately $8,000 to $10,000." City Manager Curt Boganey clarified that the revenues and expenses associated with the Centerbrook operation are included in the golf course enterprise fund. Councilmember Ryan inquired about the appropriate timeframe to communicate information to the public and affected property owners regarding the liability release assurance and Letter-of No A Further Action that are anticipated to be received from the Minnesota Pollution Control Agency Y (MPCA) on 57 and Logan Avenues. Mr. Boganey indicated that this documentation would not likely be of great value to property owners at this time. The study that the MPCA is currently engaged in will likely be completed one year or so from now. At the end of that analysis it is expected that the MPCA will provide information that can be distributed to all of the property w o ners in the area. Mr. Boganey stated the Council has been provided with a North Metro Mayors Business of the Year ballot. Luther Automotive is one of the businesses eligible for the award. The Council can present 1 2 " and 3` choices for the award. • There was discussion on the Council's support for Luther Automotive to receive the award. The majority consensus of the City Council was to direct staff to submit Luther Automotive as the City Council's 1 2 " and 3` choice for the North Metro Mayors Business of the Year award. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PROSECUTOR — RFP PROCESS Mr. Boganey introduced the item and discussed the background information. At the October 26, 2009, Study Session, the City Council directed that the City Manager gather information regarding the proposal to consolidate misdemeanor prosecutions under the County Attorney Office, and provide a recommendation on extending the City's current prosecutorial contract with Carson, Clelland and Schreder (CCS). Mr. Boganey noted the improvements in the performance management efforts of the City and CCS as outlined in the November 23, 2009, memorandum on the review of Prosecution Services. He advised that it is staff's opinion that there is no compelling administrative reason to seek an RFP on Prosecutor Services at this time. If the contract with CCS is to be extended, an extension of three or four years is recommended so that there will not be a review of Civil and Criminal Legal Services during the same period. 11/23/09 -2- DRAFT There was discussion on the conviction rate of CCS and how it compares in the industry. Mr. Boganey indicated that a significant portion of the cases are settled. For those that proceed to court the success rate is likely high. Additional data on this will be provided to Council. After discussion, Council responded in the affirmative to the following Council policy issues: 1) Is it in the best public interest to continue prosecutorial services with CCS? 2) Does the benefit of an RFP process exceed the value of continuing prosecutorial services with CCS? The majority consensus of the City Council was to direct staff to defer solicitation for RFP Prosecutor Services. Staff is to review and update the current contract with CCS and negotiate a four -year extension on the current contract to be presented to Council for consideration. COMPLETE STREETS /ACTIVE LIVING Mr. Boganey introduced the item and discussed the background information. At the October 26, 2009, Study Session, Council directed staff to schedule an upcoming work session agenda item to provide information on the topic of "complete streets ". Mr. Boganey stated he contacted Karen Nikolai, Hennepin County Community Design Liaison for Active Living Communities. Ms. Nikolai provided information on the Active Living Communities Program she is involved with via email. Mn/DOT had been soliciting public comment on the Mn/DOT Complete Streets Report through November 9, 2009. The Hennepin County Chair has written a letter of support and has indicated that a letter of support from cities after the comment period has ended would not have the same value. Mr. Boganey requested direction from Council on whether to invite Ms. Nikolai to a future work session to share information on the Active Living Hennepin County Community Program. It was noted that the Active Living Program is harmonious with the City Council's goals and philosophies on a green, active, healthy environment. There was discussion on requesting Ms. Nikolai to make a presentation on the Active Living Program at a future work session. Mr. Lillehaug advised on his concern on a "one size fits all" approach to a complete streets program. He stressed that while it is important to have a policy at the state level, flexibility is needed. He noted that the City of Brooklyn Center is not able to do everything in redevelopment that developing communities are able to do with "complete street" practices. He recommended that the City be at the table with Mn/DOT in the drafting of this policy. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION 11/23/09 -3- DRAFT • Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. The discussion continued on the topic of "complete streets ". It was noted that the City Council supports the concept of "complete streets ", but that the Complete Streets Policy outlined in the Mn/DOT Report is vague at this time and there are unknowns on the impact to the City. There was discussion on creating a City complete streets policy and whether this would entail extensive staff time. Mr. Lillehaug indicated that the City of Maplewood spent three years developing the City's Complete Streets Policy. He has reviewed this policy and noted that the City of Brooklyn Center accomplished what this policy laid out with the Bass Lake Road Project. He advised that while it would be good to have this type of policy, the staff time involved would be extensive. He indicated it would not be time - intensive to prepare a letter to Mn/DOT supporting the next steps in drafting the Complete Streets Policy. He is a member of the City Engineers Association of Minnesota which has provided input as a technical advisory committee on this immediate study. In the future there will be solicitation of another technical advisory committee as the policy is developed. He will have the opportunity to continue to be involved in • the process. Lillehaug to consider volunteering Mayor Willson encouraged Mr. g g involvement in future technical advisory committees if the opportunity arises. It was the majority consensus of the City Council to invite Ms. Nikolai to provide a presentation on the Active Living /Complete Streets Program at a future work session, and to direct Public Works Director /City Engineer Steve Lillehaug to prepare a letter to Mn/DOT supporting the next steps in drafting the Complete Streets Policy, to be presented to the Council for consideration prior to submittal. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded to close the Study Session at 6:56 p.m. Motion passed unanimously. • 11/23/09 -4- 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 NOVEMBER 23, 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 City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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. Frank Anderl, 7206 Halifax Avenue N, addressed the City Council and provided information of his application to serve on the Northwest Cable Commission. He stated he has been a resident of the City of Brooklyn Center for 36 years and provided information on his experience relative to the Commission. Mr. Anderl stated he would appreciate the support of the City Council with his application. Mr. Sharon Kephart, 5130 65 Avenue N, addressed the City Council and stated she is pleased to see the Sister City update is an item for the December City Council work session. She presented the Council with a Foya, Liberia, fact sheet to add to the previously submitted Sister City Relationship proposal by Ashlee Kephart. Ms. Kephart stated there is a display case being showcased at the Hennepin County Government Building showing activities between Foya, Liberia, and the Brooklyn Center community. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION The Invocation was provided by Pastor Morris Vaagenes of Lutheran Church of the Master, • Brooklyn Center. 11/23/09 -1- DRAFT . 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:05 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, 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 amendments to the Joint Work Session with Financial Commission minutes of November 2, 2009, and the following consent items were approved: • 6a. APPROVAL OF MINUTES 1. November 2, 2009 - Joint Work Session with Financial Commission 2. November 9, 2009 — Study Session 3. November 9, 2009 — Regular Session 4. November 9, 2009 — Work Session 6b. LICENSES CHRISTMAS TREE SALES Rum River Tree Farm — PQT Company 5040 Brooklyn Boulevard 3245 Bass Lake Road MECHANICAL Air conditioning Associates 55 West Ivy Avenue, St. Paul Ed's Heating and Air 1099 Pelto Path, Woodbury K & K Mechanical 8751 Palmgreen Avenue NE, Otsego Ramco Heating 605 Ash Street, Downing, WI RENTAL INITIAL 3912 61 Ave N Nazneen Khatoon 4000 61 Ave N Jacob Devney 11/23/09 -2- DRAFT 3 312 64" Ave N X. Janet Lang • 4013 65 Ave N Gao Liu 5012 Abbott Ave N Jem Realty Inc. 6611 Camden Dr Jenn -Yuan Chen 5926 Colfax Ave N Jack Froelke 6930 France Ave N Mursal Khaliif 6761 Humboldt Ave N Li -Chwen Su 2701 O'Henry Rd Sherman Kho 3216 Poe Rd Matt Just RENEWAL 824 69 Ave N Madeleine Roche 5909 June Ave N Janine Atchison 4708 -12 Twin Lake Ave Byron & Nancy Mach 3 818 61" Ave N Sherman Kho 5937 Abbott Ave N Mark Crost 5742 Fremont Ave N Bruce Goldberg 5500 James Ave N Leah Scott/Wes Properties 5801 Knox Ave N David Trepanier SIGN HANGER VEO Sign LLC 6353 Martin Avenue, Otsego • 6e. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR BROOKLYN CENTER CHURCH OF NAZARENE (501 73 AVENUE NORTH) Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARING -None. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2009 -134 APPROVING CHANGE ORDER NO. 2, PROJECT NO. 2008-16, AUTOMATED METER READING PROJECT City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. 11/23/09 -3- DRAFT It was noted that even with this change order this project has come in under budget by $211,125. Councilmember Yelich moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -134 Approving Change Order No. 2, Project No. 2008 -16, Automated Meter Reading Project. Motion passed unanimously. 10b. RESOLUTION NO. 2009 -135 ACCEPTING PROJECT NO. 2008 -16, CONTRACT 2008 -J, AUTOMATIC METER READING PROJECT AND AUTHORIZING FINAL PAYMENT TO NORTHERN WATERWORKS, INC. Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -135 Accepting Project No. 2008 -16, Contract 2008 -J, Automatic Meter Reading Project and Authorizing Final Payment to Northern Waterworks, Inc. Motion passed unanimously. 10c. RESOLUTION NO. 2009 -136 AUTHORIZING THE EARLY ORDER/PURCHASE OF SINGLE AXLE DUMP TRUCK CAB AND CHASSIS, • EQUIPMENT NO. 89 Public Works Director /City Engineer Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was verified that the trucks to be purchased include new engines that meet 2007 emission standards. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -136 Authorizing the Early Order /Purchase of Single Axle Dump Truck Cab and Chassis, Equipment No. 89. Motion passed unanimously. 10d. MAYORAL APPOINTMENTS TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Willson announced the following Mayoral Appointments to the Northwest Hennepin Human Services Advisory Commission: • Sharon Kephart, 5130 65 Ave N, with term expiring December 31, 2011 • Carol Kleven, 5835 Zenith Ave N, with term expiring December 31, 2010 Councilmember Lasman moved and Councilmember Ryan seconded to ratify the above Mayoral Appointments to the Northwest Hennepin Human Services Advisory Commission. • 11/23/09 -4- DRAFT Motion passed unanimously. 10e. RESOLUTION NO. 2009 -137 ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 800 69TH AVENUE N, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 52 OF AUDITOR'S SUBDIVISION NO. 309 EXCEPT THE NORTH 660 FEET OF LOT 52 OF AUDITOR'S SUBDIVISION 309, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA BY OWNERS THE ESTATE OF MELBA P. EVANSON AND DAVID EVANSON Assistant City Manager /Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -137 Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards with Respect to that Real Estate Located at 800 69 Avenue N, Brooklyn Center, Minnesota 55430 Legally Described as Lot 52 of Auditor's Subdivision No. 309 Except the North 660 Feet of Lot 52 of Auditor's Subdivision 309, Hennepin County, Minnesota in the City of Brooklyn Center, Hennepin County, Minnesota by Owners the Estate of Melba P. Evanson and David Evanson. • Councilmember Roche requested that the following letter written to Mayor Willson as part of the Write to the Mayor initiative at Evergreen Elementary School be included in the record: Dear Mayor Willson, I have a problem with people coming into my, next door neighbor's house. She died a couple of years ago. I think the city should put in an electric fence that has a code that only her son and the city knows. Please send me back. Thank you for listening. Sincerely, Joseph Roche Councilmember Roche noted in the past this property was a strong, viable, well - maintained farm, and that the family played a strong, pivotal part in the building of this community. It was noted that the soonest demolition will begin on the property is January of 2010. Mayor Willson requested residents to contact the City Manager or members of the City Council if there is a property in similar condition that requires attention. Motion passed unanimously. 11. COUNCIL REPORT • 11/23/09 -5- DRAFT Councilmember Yelich reported on his attendance at the Park and Recreation Commission . meeting held last week. The meeting included a discussion on the Council recommendation for the basketball hoops at Firehouse Park and the Park Capital Improvement Program. Councilmember Lasman reported on her attendance at the November 16, 2009, Joint City Council /Financial Commission Work Session and the November 19, 2009, Special Events Committee meeting and the Brooklyn Center 99 Birthday Party is scheduled for February 6, 2010, at the Earle Brown Heritage Center. Councilmember Roche wished Happy Thanksgiving and safe travels to the residents. He announced there is currently an exhibit at the Brookdale Hennepin County Service Center on the relationship between Foya, Liberia, and the City of Brooklyn Center. He congratulated Sharon Kephart and Carol Kleven on their appointments to the Northwest Hennepin Human Services Council Advisory Commission. He announced the following upcoming events: 1) December 5, 2009, 9 a.m. Brooklyn Center Taxpayers Association Annual Breakfast at Embassy Suites; and 2) Holly Sunday 2 p.m. to 5 p.m. on December 6, 2009. He reported on his attendance at the following events: 1) November 16, 2009, Joint City Council/Financial Commission Work Session; and 2) November Housing Commission meeting on Tuesday last week. He thanked Mr. Rex Newman for attending the Northwest Suburbs Cable Commission meeting on Thursday last week. Councilmember Ryan reported on his attendance at the November 16, 2009, Joint City Council /Financial Commission Work Session and announced the upcoming Holly Sunday event • on December 6, 2009. Mayor Willson reported on his attendance at the following recent events: 1) Visit Minneapolis North meeting; 2) Brooklyn Alliance meeting; 3) November 16, 2009, Joint City Council /Financial Commission Work Session; 4) In the Know Program interview at Cable Channel 12. He announced the official lighting of the Christmas Tree by the Mayor and Santa at the Holly Sunday event on December 6, 2009, at 5:00 p.m. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:28 p.m. Motion passed unanimously. i 11/23/09 -6- DRAFT City Council Agenda Item No. 6b • • . COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: December 8, 2009 SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its December 14, 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. GASOLINE SERVICE STATION Awad Company 6501 Humboldt Avenue N • Marathon 1505 69 Avenue N Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Metropolitan Council 6845 Shingle Creek Parkway Speedway SuperAmerica 1901 57 Avenue N Speedway SuperAmerica 6950 Brooklyn Boulevard Speedway SuperAmerica 6545 West River Road LIOUOR — CLASS A ON -SALE INTOXICATING AND SUNDAY Applebee's 1400 Brookdale Mall LIQUOR — CLASS B ON -SALE INTOXICATING, SUNDAY, AND 2 AM Crowne Plaza Minneapolis North 2200 Freeway Boulevard Oak City 2590 Freeway Boulevard LIOUOR — CLASS C ON -SALE INTOXICATING AND SUNDAY AMF Earle Brown Lanes 6440 James Circle North LIOUOR — CLASS D ON -SALE INTOXICATING AND SUNDAY Embassy Suites 6300 Earle Brown Drive LIQUOR — CLASS F ON -SALE INTOXICATING AND SUNDAY Flik International @ Earle Brown Heritage Center 6155 Earle Brown Drive • I • Page 2 Licenses for Council Approval December 14, 2009 LIOUOR — ON -SALE CLUB INTOXICATING AND SUNDAY Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIOUOR — ON -SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIOUOR C 1 Buffet 6090 Shingle Creek Parkway 50's Grill 5524 Brooklyn Boulevard Great India 6056 Shingle Creek Parkway LIOUOR — ON -SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course and Central Park 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboard Pizza 2 6816 Humboldt Avenue North - .2 PERCENT MALT LIOUOR IOUOR —OFF SALE 3 P C O Awad Company 6501 Humboldt Avenue North Bassil Co. dba Marathon 1 1505 69th Avenue North Cub Foods — Brookdale 3245 County Road 10 Sun Foods 6350 Brooklyn Boulevard SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue North Value Food 6804 Humboldt Avenue North 1 Condition: submittal of Liquor Liability Insurance Certificate 2 Condition: payment of license fee MECHANICAL ECO Air Inc. 22713 Buchanan Street NE, East Bethel Glowing Hearth and Home 100 Eldorado Drive, Jordan In Season Mechanical 12007 Glendale Lane, Minnetonka Metro Heating and Cooling 255 Roselawn Avenue E, St. Paul Treated Air 9954 166' Street, Becker RENTAL See attached report. SIGN HANGER All -Brite Sign Inc. 13325 Commerce Boulevard, Rogers Elements Inc. 10044 Flanders Court, Blaine • • Page 3 Licenses for Council Approval December 14, 2009 TOBACCO RELATED PRODUCT Awad Company 6501 Humboldt Avenue N Marathon 1505 69 Avenue N Brooklyn Center Municipal #1 5625 Xerxes Avenue N Brooklyn Center Municipal #2 6930 Brooklyn Boulevard Mussab Inc. 6930 Brooklyn Boulevard Royal Tobacco 5625 Xerxes Avenue N Speedway SuperAmerica 1901 57 Avenue N Speedway SuperAmerica 6950 Brooklyn Boulevard Speedway SuperAmerica 6545 West River Road Value Food 6804 Humboldt Avenue N • • E > Rental �,icenses for C unCil oval ' Decem.ber 2Q0 In ctor _: °Clerk :• Clerk t cf► ; ` Eltiliies``ssing spe`" ',1' Dw� lag �. I II 11� ;.� -, w r e 1 U11��1.41 r M�t1}ldlil r Type of tnttial' Qwner i Calt §;farService= Utilities Ta�aces 270165th Ave N Single Family Initial Trinh Vu None per 12 -911 Ordinance OK OK 5350 71st Cir Single Family Initial Ali Sajjad None per 12 -911 Ordinance OK OK 6910 France Ave N Single Family Initial Sufeng Zheng None per 12 -911 Ordinance OK OK 6753 Humboldt Ave N Single Family Initial Moeen Masood None per 12 -911 Ordinance OK OK 5542 Irving Ave N Single Family Initial Doug Wahl None per 12 -911 Ordinance OK OK 5836 James Ave N Single Family Initial Mai Vang None per 12 -911 Ordinance OK OK 7000 Morgan Ave N Single Family Initial Thomas Dulian (Berkley Group) None per 12 -911 Ordinance OK OK 340147th Ave N 1 Bldg Multi Family Clover Management 1 Robbery per 12 -913 Ordinance (.05 per unit) OK OK Rvan Lake Aots 22 Units •4811 Lakeview Ave Multi Family 1 Bldg 4 Units Diane Krenz None per 12 -911 Ordinance OK OK 5308 Emerson Ave N Two Family - 1 Renewal Phlip & Ginger Luoma Anderson None per 12 -911 Ordinance OK OK •4107 Lakebreeze Ave Single Family Renewal Robb Yurch None per 12 -911 Ordinance OK OK 4220 Lakeside Ave Two Family -1 Renewal Richard Arntson None per 12 -911 Ordinance OK OK 3200 64th Ave N Single Family Renewal Keith McConnell None per 12 -911 Ordinance OK OK 3500 66th Ave N Single Family Renewal Justin Jacobs None per 12 -911 Ordinance OK OK 5105 Brooklyn Blvd Single Family Renewal George Lucht None per 12 -911 Ordinance OK OK 6939 Brooklyn Blvd Single Family Renewal Jacob Yanish None per 12 -911 Ordinance OK OK 3618 Commodore Dr Single Family Renewal Tou Thao None per 12 -911 Ordinance Ok OK 7218 Grimes Ave N Single Family Renewal Shawn & Djuana Banks None per 12 -911 Ordinance OK OK 6807 Humboldt Ave N C301 Single Family Renewal William Newgren None per 12 -911 Ordinance OK OK 5400 Irving Ave N Passed with Weather Deferral - Single Family Renewal Paul Vue None per 12 -911 Ordinance Exterior shed, back staris, and walk �yav shall ha ranairarl OK OK 5736 June Ave N Single Family Renewal Jackie & Gary Hempeck None per 12 -911 Ordinance OK OK 5449 Lyndale Ave N Single Family Renewal Dakota Communities None per 12 -911 Ordinance OK OK 7110 Riverdale Rd Single Family Renewal James Nelson None per 12 -911 Ordinance OK OK 5900 Washburn Ave N Single Family Renewal John & Gail Lambert None per 12 -911 Ordinance OK OK 6012 York Ave N Single Family Renewal Korpo Ngaim /Presley Hanson 1 Disturbing Peace for 12 -911 Ordinance OK OK • City Council Agenda Item N 6c • 1 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development' DATE: December 8, 2009 SUBJECT: Site Performance Guarantee Release Recommendation: It is recommended that the City Council, authorize release of the entire Site Performance Guarantee posted by Wendy's International for 5545 Xerxes Avenue North. Background: The following Site performance guarantee being held by the city for completion of various site improvements should be recommended to the City Council for release: Wendy's — 5545 Xerxes Avenue North Planning Commission Application No. 93009 Amount of Guarantee - $60,000 Bond Obligor — Wendy's International All site improvements and conditions for which a site performance guarantee was posted have been completed with respect to this project. Release of the performance guarantee was dependent on completion of the parking lot improvements and landscaping for the expanded parking lot. These matters have been completed and it is recommended that the City Council authorize release of the $60,000 performance bond. Budget Issues: There are no budget issues. City Council Agenda Item No. 6d • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cler DATE: November 30, 2009 SUBJECT: 2010 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider adoption of the proposed 2010 City Council Meeting Schedule. Background: The proposed 2010 City Council Meeting Schedule includes: • City Council meetings on the 2nd and 4th Monday of the month • A facilitated retreat has been scheduled for Saturday, January 23rd, at Earle Brown Heritage Center Harvest Room A with time yet to be determined • April 19 — Board of Appeal and Equalization • Joint meetings with the Financial Commission • June 7 — Budget and Report from Auditors • August 30 — General Fund Budget • October 4 — General Fund Budget • October 18 — Enterprise Fund Budgets • November 15 — All Funds Budget • September 15 —Canvass City Primary Election Returns This date may need to be amended, depending on the date the Legislature chooses for the State Primary election. • November 3 — Canvass City eneral Election Returns G • November 29 — 2011 Budget Hearing Budget Issues: There are no budget issues to consider. City of Brooklyn Center DRAFT 11123109 2010 City Council Meeting Schedule Regular City Council Meetings: Special City Council Meetings Council Cfiambers I All dates are Monday unless otherwise noted. City Hall anuary 23 (Saturday) 8:00 a.m. Facilitated Retreat EBHC Study/Work Session 6:00 p.m. April 19 7:00 p.m. Informal Open Forum 6:45 p.m. I Board of Appeal & Equalization CC June 7 6:30 p.m. Regular Session 7:00 p.m. Work Session w /Auditor and Budget Work Session Work Session immediately following w /Financial Commission CC (Continued) Regular Session August 30 6:30 p.m. Budget Work Session Brooklyn Center City Council regularly w /Financial Commission CC meets the 2nd and 4th Monday each (September 15 5:00 p.m. month, unless Monday is a holiday. Canvass City Primary Election Returns CC January 11 October 4 6:30 p.m. January 25 Budget Work Session February 8 w /Financial Commission CC February 22 October 18 6:30 p.m. March 8 Budget Work Session (Enterprise Funds) March 22 w /Financial Commission CC April 12 November 3 5:00 p.m. April 26 Canvass City General Election Returns cc May 10 November 15 6:30 p.m. May 24 Budget Work Session • June 14 w /Financial Commission CC June 28 (November 29 7:00 p.m. July 12 2011 Budget Hearing CC July 26 August 9 August 23 September 13 September 27 October 11 (Columbus Day) October 25 November 8 November 22 December 13 All dates are subject to change. Call City Hall at 763- 569 -3300 to verify dates and times. Strikethrough indicates meeting has been CANCELED. CR — Council /Commission Conference Room located in lower level City Hall CC — Council Chambers located in upper level City Hall EBHC — Earle Brown Heritage Center, 6155 Earle Brown Drive • City Council Agenda Item No. 6e • • COUNCIL ITEM MEMORANDUM • TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: December 8, 2009 SUBJECT: Resolution Accepting Project No. 2008 -17, Contract 2008 -K, Capital Maintenance Building Plan Project and Authorizing Final Payment to Commercial Systems, LLC Recommendation: Staff recommends that the City Council accept the work performed and authorize final payment for the Capital Maintenance Building Plan (CMBP) Improvement Project. Background: On January 12, 2009, the City Council awarded the 2008 CMBP Improvement Project No. 2008- 17, Contract 2008 -K to Commercial Systems, LLC of St Paul Minnesota. Commercial Systems, • LLC completed the 2008 CMBP project work and is requesting final payment for the project. The Commercial Systems, LLC contract for the building portion of the project was completed within budget. Other improvements included as part of the 2008 CMBP were contracted and performed separately that included replacing carpet in the Community Center, painting within the Community Center, electrical work mandated by OSHA throughout City facilities, and other minor miscellaneous work. These other improvements amounted to $110,038.45 and were over budget by $13,353.45. The over budget amount was mainly due to the needed electrical work for the City park lighting panels to meet the OSHA mandate that was not included in the original work and later determined to be needed. Budget Issues: The original Contract amount for the 2008 CMBP Improvement Project was $149,836.00. The total value of work certified for final payment is $149,002.62 which includes Change Orders No. 1 ($4734.62) and No. 2 (Deduct - $5,568.00). The total project cost including other improvement costs that were contracted separately and contingencies /administration /engineering /legal is $360,826.32. The attached resolution provides a summary of costs and funding sources for the project in its entirety. • 2008 CMBP Project Final Pa>>ment Resolution • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROJECT NO. 2008-17, CONTRACT 2008 -K, 2008 CAPITAL MAINTAINCE BUILDING PLAN PROJECT AND AUTHORIZING FINAL PAYMENT TO COMMERCIAL SYSTEMS, LLC WHEREAS, pursuant to a written Contract signed with the City of Brooklyn Center, Commercial Systems LLC of St. Paul, Minnesota has completed the following improvement in accordance with said Contract: Improvement Project No. 2008 -17, Contract 2008 -K, Capital Maintenance Building Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Final payment shall be made on Improvement Project No. 2008 -17, Contract • 2008 -K, 2008 Capital Maintenance Building Plan, taking the Contractor's receipt in full. The total amount to be paid to the Contractor for said improvements under said Contract shall be $149,000.62 2. The estimated project costs and revenues are hereby amended as follows: Original Award COSTS Amount Final Amount Contract $ 149,836 $ 149,836.00 Changer Order 1 $ 4,734.62 Chang_ er Order 2 $ 45.568.00) Subtotal Contract Costs $ 149,836 $ 149.002.62 Other Improvement Costs $ 96,685 $ 110,038.45 Admin/En2ineerina /Legal $ 101.440 $ 101,785.25 Total Project Cost $ 347,961 $ 360,826.32 • RESOLUTION NO. Original Award REVENUE Amount Final Amount Liquor Store Enterprise Fund $ 280,627 $ 294,377.32 Sanitary Sewer Utility Fund $ 9,608 $ 9,482.00 Water Utility Fund $ 57.726 $ 56.967.00 Total Estimated Revenue $ 347,961 $ 360,826.32 December 14, 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. 6f • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Scott Bechthold, Chief of Police DATE: December 8, 2009 SUBJECT: Delegation of Authority for Grants Recommendation: It is recommended that the City Council approves and accepts the resolution to delegate authority to the City Manager to review and sign grant contracts between the City of Brooklyn Center/ Brooklyn Center Police Department, and the Department of Public Safety (Minnesota State Patrol). Background: The City of Brooklyn Center has been actively involved with the State of Minnesota, Department • of Public Safety Programs through grant opportunities such as "Safe & Sober" and "Operation NightCAP ". These grant funds provide extra law enforcement efforts through reimbursement of associated overtime costs. To increase efficiency in executing grant agreements in a timely matter, the Minnesota Department of Public Safety requires that a delegation of authority be assigned through a resolution to allow participation in these programs. Budget Issues: None. Attachments: Resolution draft. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SIGN AND EXECUTE GRANT CONTRACTS WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY WHEREAS, in order to apply for and obtain grant funding through the Department of Public Safety, it is necessary for the City Council to designate authority to certain individuals to act on behalf of the City of Brooklyn Center in applications for grant opportunity, grant management, and other grant processes through the Department of Public Safety; WHEREAS, the delegation of authority is effective for three years from the date of resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: The City Manager is hereby designated authority to act on behalf of the City in application of grant opportunities and agreements with the Minnesota Department of Public Safety. 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. 7a • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development�� DATE: December 8, 2009 SUBJECT: Recognition for Retiring Planning and Zoning Specialist, Ronald A. Warren RECOMMENDATION: It is recommended that the Council resolve to recognize Ronald A. Warren for over 35 years of his service to the City of Brooklyn Center. BACKGROUND: • Attached please find a City Council Resolution expressing appreciation to Ronald A. Warren who retired on November 30, 2009, after 35 years of dedicated service to the City of Brooklyn Center. BUDGET ISSUES: There are no budget issues. • . its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF RONALD A. WARREN FOR OVER 35 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Ron Warren has been an employee of the City of Brooklyn Center since December 3, 1973 and retired on November 30, 2009, after more than 35 years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, Ron Warren has consistently provided the City of Brooklyn Center and its residents with dedicated public service during his tenure working in the capacities of Administrative Assistant in the Police Department, Administrative Assistant in the City Manager's Office, Director of Planning and Zoning, and Planning & Zoning Specialist; and WHEREAS, Ron Warren has served as staff liaison to the Housing Commission, Park and Recreation Commission g Human Rights Commission and Conservation Commission at various times and also as the staff liaison to the Planning Commission since 1978; and • WHEREAS, Ron Warren has performed each position in an exemplary fashion, assuring that the best interests of the City were well served; and WHEREAS, Ron Warren was instrumental in the updating of four Comprehensive Plans developed to guide the development and redevelopment of the community; and WHEREAS, Ron Warren was the City Planner when the City of Brooklyn Center was honored with the All American City Award; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Ron Warren has discharged his duties and made a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Ron Warren is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor • e RESOLUTION NO. ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • i • City Council Agenda Item No. 7b r . COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: December S, 2009 Subject: Recognition for Retiring Officer William Koncar Recommendation: It is recommended that the Council resolve to recognize Officer William Koncar for over twenty - four years of his service to the City of Brooklyn Center. Background: Attached please find a City Council resolution expressing appreciation to Officer William Koncar who will be retiring effective December 31, 2009, after over 24 years of dedicated service to the City of Brooklyn Center. Budget Issues: . None involved. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER WILLIAM KONCAR WHEREAS, Officer William Koncar was hired as a police officer by the City of Brooklyn Center Police Department, on May 25, 1985; and WHEREAS, Officer Koncar has held numerous assignments as an officer within the department to include School Liaison Officer since November 1994; and WHEREAS, Office Koncar served on the Emergency Operations Unit; and WHEREAS, Officer Koncar has received numerous commendations for outstanding police work, including the Minnesota Sex Crimes Investigators Association's 2008 Sex Crimes Investigator of the Year; and WHEREAS, Officer Koncar was awarded a 2009 Community Leadership Award from the Hennepin County Attorney's Office for his excellence in youth investigations and activities; and WHEREAS, Officer Koncar has received letters of thanks from numerous citizens for assistance that he has rendered; and WHEREAS, his dedicated public service and civic effort for the betterment of the community merit gratitude of the citizens of Brooklyn Center; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the dedicated public service of Officer William Koncar is hereby recognized and appreciated by the City of Brooklyn Center. 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 i i . COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: December 8, 2009 SUBJECT: Resolution Expressing Recognition and Appreciation of Rex Newman for His Dedicated Public Service on the Northwest Suburbs Cable Communications Commission Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Rex Newman for His Dedicated Public Service on the Northwest Suburbs Cable Communications Commission. Background: Rex Newman served on the Northwest Suburbs Cable Communications Commission from April 10, 2000, through December 31, 2009. Mayor Willson has requested that residents be recognized for their service on commissions by Council Resolution. Budget Issues: There are no budget issues to consider. I • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF REX NEWMAN FOR HIS DEDICATED PUBLIC SERVICE ON THE NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION WHEREAS, Rex Newman served on the Northwest Suburbs Cable Communications Commission from April 10, 2000, through December 31, 2009; and WHEREAS, his amiable personality and knowledge made him an effective consumer advocate and a steadfast supporter of quality local cable programming; and WHEREAS, his leadership and expertise have been greatly appreciated by the Northwest Suburbs Cable Communications Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Rex Newman is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. I December 14, 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 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: December 9, 2009 SUBJECT: Resolution Expressing Appreciation for Donations from the Babe Ruth Organization Recommendation: Staff recommends that the City Council approve the attached Resolution expressing appreciation for donations from the Babe Ruth organization. Background: Earlier this year, the Babe Ruth organization provided a donation in the amount of $9,425.00 to the City of Brooklyn Center for the purpose of adding screening nets along ball field base lines in areas with issues in order to help contain foul balls. These funds were used to install this netting at several baseball fields located at Grandview Park, • Evergreen Park and Northport Park. The Babe Ruth Organization also donated $1,500.00 to the City of Brooklyn Center for the resizing of a baseball field at West Palmer Lake Park for the 13 -prep league. Public Works use the purchase the d se funds to resize the field at West Palmer Lake Park and P agg lime necessary for this reconfiguration. Budget Issues: None. • Babe Ruth Donations Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR DONATIONS FROM THE BABE RUTH ORGANIZATION WHEREAS, the Babe Ruth organization presented to the City donations in the amounts of nine thousand four hundred twenty -five dollars ($9,425.00) and one thousand five hundred dollars ($1,500.00) to fund the cost of adding screening nets for the baseball fields located at Grandview Park, Evergreen Park and Northport Park and the resizing /reconfiguration of the baseball field located at West Palmer Lake Park respectively an pecti y d, WHEREAS, the City Council is appreciative of the donations. NOW, THEREFORE, BE IT RESOLVED by the City Council of-the City of Brooklyn Center, Minnesota, that the City Council acknowledges the donations with gratitude and appropriates the donations to the corresponding activity budget. • 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. 8a I COUNCIL ITEM MEMORANDUM • DATE: December 14, 2009 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: An Ordinance Relating to the Regulation Of Signs; Amending Brooklyn Center City Code, Sections 34 -130 And 34 -140 Recommendation: Staff recommends that the Brooklyn Center City Council consider approving an ordinance amending Chapter 34 of the City Code of Ordinances Relating to the Regulation of Temporary Signs on second reading. Background: The City Council passed the first reading of the ordinance on November 9, 2009, setting the • public hearing and second reading for December 14, 2009 of an ordinance to amend the regulation of temporary signs. One change was made to the language of the previous sign code amendment in order to maintain the allowable size of the construction type.of sign on private property at 48 square feet, but to allow temporary signs up to 6 square feet in the right -of -way, which is consistent with the proposed ordinance amendment for other temporary signs. The Notice of Public hearing was published in the Brooklyn Center Sun Post on November 19, 2009. Please refer to the attached Council Item Memorandum dated November 9, 2009 for more information. If adopted, the ordinance would go into effect on January 23, 2010. Budget Issues: N/A Attached: Proposed Sign Code Amendment • i • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of December 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance relating to the regulation of signs; amending Brooklyn Center City Code, Sections 34 -130 and 34 -140. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO THE REGULATION OF SIGNS; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 34 -130 AND 34 -140 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section I. Brooklyn Center City Code, Section 34 -130, PROHIBITED SIGNS, paragraph 2 is amended as follows: 2. Signs within the public right -of -way or easement e�Eeept n gevemmen W '- stale'' signs; provided, however. that the following signs in the public right -of -way or easement • are not prohibited: a. government installed signs. b. signs denoting an architect, engineer. contractor. or owner meeting the requirements of Section 34- 140.2.d. C. campaign signs meeting the reauirements of Section 34- 140.21 d. real estate signs meeting the reauirement of Section 34- 140.2.1.1. e. rummage sales signs meeting the reauirements of Section 34- 140.2.m. f. noncommercial o_ninion or exu_ ression signs meeting the reauirements of Section 34- 140.2.n. Section II. Brooklyn Center City Code, Section 34-140, PERMITTED SIGNS, paragraph 2, Permitted Signs Not Requiring a Permit is amended as follows: 2. Permitted Signs Not Requiring a Permit a. Identification signs for one and two family dwellings provided that such signs are less than two (2) square feet in area. (Note: Home occupation signs are covered by Section 34 -140, Subdivision 3C (1).) b. Wall and freestanding site, pedestrian, vehicular traffic, parking and other appropriate types of directional signs as approved by the Zoning Official, provided such signs are less than sixteen (16) square feet in area, and have a height no greater than 15 feet or ground floor height, whichever is less. S C. Traffic control signs, noncommercial governmental signs, legal notices, railroad crossing signs and temporary nonadvertising safety or emergency signs. d. Signs denoting the architect, engineer, contractor, or owner when placed upon a respective worksite and not exceeding an aggregate of forty-eight (48) square feet in area,_ To-All such signs shall be removed ten (10) days following completion of construction. Signs permitted by this paragraph 2d shall not be erected or maintained in the public right -of -wav or easement: provided, however. that signs that do not exceed six (6) sauare feet in area may be erected or maintained in the public right -of -wav or easement if thev are at least ten (10) feet back from the back of the curb or improved edge of a roadwav and at least two (2) feet back from the improved edge of a trail or sidewalk and are in conformance with Section 35 -560. e. Copy or message changing on a printed or painted sign which is permitted by this ordinance. f. Portable and freestanding campaign signs for a period of not more than sixty (60) days before and ten (10) days after an election provided no one sign is greater than sixteen (16) square feet in area, except that there shall be no limitation on the size of campaign or other noncommercial signs during the period from August 1 in a state general election year until ten (10) days following the state general election. Freestanding campaign signs may be installed only upon private property with the permission of the property owner who shall be responsible for removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal campaign sign shall be held responsible therefor. Signs must be at least ten (10) feet back from the back of the curb or improved edge of a roadwav and at least two (2) feet back from the improved edge of a trail or sidewalk and outside of the sight triangle defined in Section 35- 560. g. Signs or posters painted on or attached to the inside of a display window. This shall include illuminated signs, but not flashing signs. h. Flags, badges, or insignia of any government or governmental agency, or of any civic, religious, fraternal or professional organization. Commercial and industrial establishments may display a single flag consisting of the official corporate seal or insignia as identification of the individual establishment. Advertising or promotion of specific products or services is prohibited unless approved in conjunction with an administrative permit as provided in Section 35 -800. i. Emergency signs required by other governmental agencies. j. Temporary displays which are erected to celebrate, commemorate, or observe a civil or religious holiday. • k. Courtesy bench signs, provided they are installed and maintained by a person, firm or corporation licensed by the City Council. 1. Real Estate signs as follows: 1. Temporary freestanding or wall signs for the purpose of selling or leasing individual lots or entire buildings provided that such signs shall not exceed six (6) square feet in area for residential property and thirty -two (32) square feet for other property and that there shall be only one such freestanding or wall sign permitted for each property. The sign must be removed within ten (10) days following the lease or sale. Temporary freestanding off -site real estate signs announcing an "open house" or similar activity for the purpose of showing or displaying a home for sale are permitted provided: a. The off -site sign is located on privately -owned residential property and there is no objection to the display of the sign on the part of that property owner; b. The off -site sign is displayed only during the time of the "open house" or showing; • C. The size of the off -site sign shall not exceed three (3) square feet in area. Sims permitted by this naraarash 1.1. shall not be erected or maintained in the public right -of -wav or easement: provided, however. that signs that do not exceed six (6) sa_uare feet in area may be erected or maintained in the public right -of -wav or easement. if thev are at least ten (10) feet back from the back of the curb or improved edge of a roadwav and at least two. (2) feet back from the improved edge of a trail or sidewalk and outside of the sight triangle defined in Section 35 -560. 2. A temporary freestanding sign for the purpose of announcing or promoting a new residential, commercial or industrial project development, provided that each residential project contains at least six (6) dwellings or lots. Further provisions are that one such sign is permitted for each major thoroughfare the project abuts; the signs shall be located at least one hundred thirty (13 0) feet from any pre - existing home; the signs are removed within two (2) years of issuance of the first building permit in the project or when the particular project is ninety (90) percent sold out or rented, whichever is sooner; and each sign shall not exceed the following size limitations: • Project area under 10 acres - 48 square feet Project area over 10 acres - 320 square feet • 3. Signs for the purpose of leasing or selling portions of commercial or industrial buildings, such as offices or individual tenant areas, are ° permitted only when buildings are less than 95% occup ied and are limited to one freestanding or wall sign per street frontage. The size of signs shall be no greater than 32 sq. ft. and freestanding signs shall be no higher than 10 ft. above ground level. 4. Signs for the purpose of leasing or selling dwelling units within a multiple family dwelling are permitted only when vacancies exist and are limited to one freestanding or wall sign per street frontage. The size of signs shall be no greater than six sq. ft. unless the complex contains more than 36 units and is adjacent to a major thoroughfare in which case the sign may be up to 32 sq. ft. in area. The maximum height of freestanding signs shall be 10 ft. above ground level. 5. All signs permitted by this section of the ordinance shall be maintained in an appropriate manner so that the message is clearly legible. Sign structures must be maintained in accordance with Section 34- 140.1.c of this ordinance. M. Rummage Sale Signs as follows: • 1. A temporary on -site sign not exceeding six (6) square feet in area, identifying the location of and/or information relating to a rummage sale. Banners, pennants, streamers, balloons, stringers or similar attention attracting evices may also be displayed on the roe where the sale is g Y property rtY being conducted. The sign and other devices may be displayed for the duration of the sale only, and must be removed at its termination. 2. Temporary off -site signs not exceeding three (3) square feet in area, indicating the location and/or time of a rummage sale may be located on other residential property (not commercial, industrial or public property) provided that property owner's permission has been obtained to display such signery. These signs may be displayed for the duration of the sale only, an d must be removed at its termination. 3. Rummage sale signs must conform in all other respects with the provisions of this ordinance. 4. Signs must be at least ten (10) feet back from the back of the curb or improved edge of a roadway and at least two (2) feet back from the improved edge of a trail or sidewalk and outside of the sight triangle • defined in Section 35 -560. . 5. The front or back of the sign must state. in clear. legible letters. the name of the person conducting the rummage sale. the address of the rummage sale. and the dates of the rummage sale. 6. The rummage sale to which the sign relates must meet the rea_uirements of the definition of rummage sale in Section 34 -110. n. Noncommercial opinion or expression signs as follows: 1. One such sign not to exceed six (6) square feet in area is allowed on private residentially zoned or used property, with the consent of the property owner, provided it is not an illuminated sign and is erected and maintained in accordance with Section 34 -140, Subdivision 1 and is not otherwise prohibited by Section 34 -130 of the City Ordinances. 2. Any single sign or signable area allowed on a site which is devoted to any commercial or industrial use may be used, in lieu of other signage permitted under this ordinance, as a noncommercial opinion or expression sign. 3. Signs must be at least ten (10) feet back from the back of the curb or improved edge of a roadwav and at least two (2) feet back from the improved edge of a trail or sidewalk and outside of the sight triangle . defined in Section 35 -560. o. Decorative banners attached to or hung from light standards or similar structures provided they are no larger than 16 sq. ft. in area, contain no commercial advertising message or logo, product identification nor are intended for advertising purposes and must be maintained in a safe manner and in good condition so as not to be faded, torn, tattered or be in an unsightly condition. Section III. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. rUnderlined material is new. Stfieke material is deleted.] • Adopted this day of , 2009. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication: November 19, 2009 Effective Date: January 23, 2010 • • City Council Agenda Item No. 10a i City of Brooklyn Center Or A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: November 30, 2009 SUBJECT: Hearing for Anthony Francis, 7125 Kyle Avenue North, Regarding Potentially Dangerous Dog Declaration Recommendation: It is recommended that the City Council open the hearing, receive testimony from appellant, close the hearing, and consider upholding the decision of the Animal Control Review Panel, which found there was sufficient evidence to declare Mr. Francis' dog a potentially dangerous dog. Background: Attachment 1 City Code Sections 1 -250 through 1 -275 regarding potentially dangerous and • dangerous dogs. Attachment 2 On September 7, 2009, the Police Department issued a notice of potentially dangerous dog declaration and microchipping order to Anthony Francis, 7125 Kyle Avenue North, Brooklyn Center, Minnesota, for his dog Brinks (attached is a copy of both orders and the police incident report). Attachment 3 On September 10, 2009, a letter was mailed to Mr. Francis notifying him of the potentially dangerous dog registration requirements, as well as the appeal process. Attachment 4 On September 21, 2009, Mr. Francis appealed the potentially dangerous dog declaration and requested a hearing by the Animal Control Review Panel to determine whether the designation is justified. Attachment 5 On October 5, 2009, Assistant City Attorney Mary Tietjen, Kennedy & Graven, mailed a letter to Mr. Francis, acknowledging his request for a hearing and notifying of the date and time of hearing. On October 27, 2009, the Animal Control Review Panel (Mayor Tim Willson, Robbie Hiltz, and Jerry Low) held Mr. Francis) hearing, which was moderated by Assistant City Attorney Mary Tietjen. Attachment 6 On November 12, 2009, a letter was mailed to Mr. Francis from the Animal Control Review Panel outlining its decision and findings for the potentially dangerous dog hearing. The panel upheld the potentially dangerous dog declaration. 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 COUNCIL ITEM MEMORANDUM Hearing Regarding Potentially Dangerous Dog Declaration Page 2 Attachment 7 On November 19, 2009, Mr. Francis appealed the decision of the Animal Control Review Panel and requested a hearing. Attachment 8 On November 30, 2009, Mr. Francis was notified of the date and time of the City Council appeal hearing. Budget Issues: There are no budget issues to consider. • • Attachment 1 Hearing Regarding Potentially Dangerous Dog Declaration • 4. Planting of seeds or plants for the purpose of establishing or maintaining a lawn or garden, covering gardens or plants with straw for the purpose of providing protection during winter months or when establishing new lawns, or using straw bales for erosion control. Section 1 -250. DEFINITIONS. For the purposes of Sections 1 -250 through 1 -280, the terms defined in this Section shall have the meaning given them. Terms not defined in this Section shall have the meaning given them in Section 1 -101 of this Code. 1. Dangerous dog. Dangerous dog means any dog that has: a. without provocation, inflicted substantial bodily harm on a human being on public or private property; b. killed a domestic animal without provocation while off the owner's property; or C. been found to be potentially dangerous. and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals; or d. been determined to be a dangerous do b the City or an other governmental g g Y tY Y g jurisdiction. • 2. Potentially dangerous dog. Potentially dangerous dog means any dog that: a. when unprovoked, inflicts bites on a human or domestic animal on public or private property; b. when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; c. has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals; or d. been determined to be a potentially dangerous dog by the City or any other governmental jurisdiction. 3. Proper Enclosure. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. • City of Brooklyn Center 1 -8 City Ordinance • 4. Owner. Owner means any person, firm, corporation organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control ofado . g 5. Great bodily harm. Great bodily harm means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. 6. Substantial bodily harm. Substantial bodily harm means bodily injury which invokes a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Section 1 -255. DECLARATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS. 1. Notice to Owner. If the animal control officer determines after an investigation that a dog is potentially dangerous or dangerous according to the criteria in Section 1 -250 (1) or (2), the animal control officer will serve a notice of intent on the owner of the dog to declare the dog potentially dangerous or dangerous. Such notice shall inform the owner of this designation, the basis for the designation, the procedures for contesting the designation as described in Section 1 -255 (2)(a) and the result of the failure to contest • of notice of intent the designation as described m Section 1 -255 (2)(b). Upon receipt , the dog owner must comply with the requirements of Section 1 -270.1 and continue to comply with such requirements until the dog is dead or removed from the City, or the City has determined that the dog is not dangerous or potentially dangerous. The owner shall be informed of this requirement in the notice of intent. 2. Contesting Declaration of Dangerous or Potentially Dangerous Dogs. a. If the owner of a dog has received a notice of intent under Section 1 -255 (1), the owner may request that a hearing be conducted to determine whether or not such a designation is justified. Such request must be made in writing and delivered to the City Manager within 14 days of receipt of the notice of intent. b. If the owner fails to contest the notice of intent within 14 days, the owner forfeits the right to a hearing and the declaration of the dog as potentially dangerous or dangerous is final. The City Manager will then issue a declaration to the owner and the owner must comply with all applicable requirements of this Section or cause the dog to be humanely destroyed or removed from the City limits. • City o f Brooklyn Center 1 -9 City Ordinance 3. Hearing Procedure. Within ten days after receiving the owner's request for a hearing, • the City Manager will notify the dog owner of the hearing date. The hearing will be scheduled within forty-five days. The hearing will be conducted by the Animal Control Review Panel, which will consist of three members, as appointed by the Mayor. The owner may call witnesses and present evidence on his or her behalf. A simple majority of the members of the Panel is necessary for a finding that the dog is either dangerous or potentially dangerous. The Panel must inform the owner of its decision in writing and must state the reasons for its decision. 4. Effect of Findings. If the Panel finds that there is a sufficient basis to declare the dog potentially dangerous or dangerous, the owner must immediately comply with all applicable requirements of this Ordinance or immediately cause the dog to be humanely destroyed or removed from the City limits. 5. Appeal. If the owner of the dog disputes the decision of the Panel, the owner may appeal the decision of the Panel to the City Council. An appeal to the City Council must be in writing and submitted to the City Manager within 14 days of the Panel's decision. The owner may appeal the decision of the City Council in accordance with procedures under state law. Section 1 -260. REVIEW OF DECLARATION. Beginning six months after a dog is declared a potentially dangerous or dangerous dog, an owner may request annually that the Animal Control Officer • review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the Animal Control Officer finds sufficient evidence that the dog's behavior has changed, the potentially dangerous or dangerous designation may be rescinded. Section 1 -265. REGISTRATION. 1. Requirement. No person may own a potentially dangerous or dangerous dog in the City unless the dog is registered as provided in this Section. 2. Certificate of Registration. The City Manager will issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents sufficient evidence that: a. a proper enclosure exists for the dog and all accesses to the premises are posted with clearly visible warning signs issued or approved by the Animal Control Officer, that there is a potentially dangerous or dangerous dog on the property; • City of Brooklyn n Center 1 -10 City Ordinance b. in the case of a dangerous do only, bond to be held by the City Clerk g g Y, a surety has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in this state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; C. the owner has id the annual registration fee as provided for in this Section; p g and d. the owner has had microchip identification implanted in the dangerous dog or potentially dangerous dog as required under Minn. Stat. § 347.515. 3. Warning Sign. If the City issues a certificate of registration to the owner of a potentially dangerous dog or dangerous dog under Section 1 -265 (2), the City will provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous dog on the property. The City may charge the dog owner a reasonable fee to cover its administrative costs and the costs of the warning symbol. 4. Fee. The City will charge the owner an annual fee to obtain a certificate of registration for a potentially dangerous or dangerous dog. • 5. Tag. A potentially dangerous or dangerous dog registered under this Section must have a tag, issued by the City, identifying the dog as potentially dangerous or dangerous. This tag must be affixed to the dog's collar and worn by the dog at all times. 6. Exemption. Dogs may not be declared potentially dangerous or dangerous if the threat, injury, or damage was sustained by a person: a. who was committing at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; b. who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or C. who was committing or attempting to commit a crime. 7. Law Enforcement Exemption. The provisions of this Section do not apply to dogs used by law enforcement officials for police work. City of Brooklyn Center 1 -11 City Ordinance • Section 1 -270. POTENTIALLY DANGEROUS AND DANGEROUS DOGS; ADDITIONAL REQUIREMENTS. 1. Enclosure. An owner of a potentially dangerous or dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. 2. Registration Renewal. An owner of a potentially dangerous or dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a potentially dangerous or dangerous dog in its new jurisdiction. 3. Death or Transfer. An owner of a potentially dangerous or dangerous dog must notify the Animal Control Officer in writing of the death of the dog or its transfer, and must, if requested by the Animal Control Officer, execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred. 4. Sterilization. The Animal Control Officer may require a potentially dangerous or • dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized, the Animal Control Officer may have the animal sterilized at the owner's expense. The owner may contest and appeal a decision by the Animal Control Officer requiring a dog to be sterilized in accordance with the procedures set forth in Section 1 -255. 5. Rental Property. A person who owns a potentially dangerous or dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a potentially dangerous or dangerous dog that will reside at the property. 6. Sale. A person who sells a potentially dangerous or dangerous dog must notify the purchaser that the Animal Control Officer has identified the dog as potentially dangerous or dangerous. The seller must also notify the Animal Control Officer with the new owner's name, address, and telephone number. Section 1 -275. SEIZURE. 1. Immediate Seizure. The Animal Control Officer or any police officer may immediately seize any potentially dangerous or dangerous dog if City of Brooklyn Center 1 -12 City Ordinance • a. within 14 days after the owner has notice that the dog is potentially dangerous or dangerous, the dog is not registered as required under Section 1 -265; b. in the case of a dangerous dog, within 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under Section 1 -265 (2) (b); C. the dog is not maintained in the proper enclosure; d. the dog is outside the proper enclosure and not under physical restraint of responsible person; or e. after the owner has been notified that the dog is potentially dangerous or dangerous, the dog bites or attacks a person or domestic animal. 2. Reclaimed. A potentially dangerous or dangerous dog seized under Section 1 -275 (1) may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the Animal Control Officer that the requirements of Section 1 -265 and Section 1 -270 will be met. A dog not reclaimed within seven days of seizure may be disposed of as provided in Minn. Stat. §35.71, subdivision 3. The owner is liable to the City for costs incurred in confining and disposing of the dog. 3. Subsequent Offenses. If a person has been convicted of a misdemeanor for violating a provision of Section 1 -265 or 1 -270, and the person is charged with a subsequent violation relating to the same dog, the Animal Control Officer may seize the dog. If the owner is convicted of the crime for which the dog was seized, the City may destroy the dog in a proper and humane manner and the owner is responsible for paying the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized, the owner may reclaim the dog upon payment to the City of a fee for the care and boarding of the dog. If the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog maybe reclaimed, the dog may be disposed of as provided under Minn. Stat. § 35.71, subdivision 3. The owner is liable to the City for the costs incurred in confining, impounding and disposing of the dog. r Section 1 -280. DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES. Notwithstanding Section 1 -265 to 1 -275, a dog that inflicts substantial or great bodily harm on a human being on public or private property without provocation maybe destroyed in a proper and humane manner by the Animal Control Officer. The dog may not be destroyed until the dog owner has had the opportunity for a hearing and appeal as described in Section 1 -255, except as authorized under Section 1 -115. • City of Brooklyn Center 1 -13 City Ordinance i Attachment 2 Hearing Regarding Potentially Dangerous Dog Declaration • i Notice of Potentially Dangerous Dog Brooklyn Center Police Department Number. - 5M 3 6645 Humboldt Ave. N Date: q / 7 / Time: Brooklyn Center, MN 55430 -1853 . (763) 569 -3333 Fv Y�1l e 1 nos: oWner. Z - Phone (Homan 26 Address: City 2*- • s,i �, Phone (Work): . P . _ `M Hama of Do., I" I h Sex: t�-- . r Breed: kS Age?�� -- Nwteced Y N color(s): The above listed dog owner is hereby notified that the above listed dog has been declaced to be a "PoteatiallSt Dangerous DO8" as defined by Minnesota Stag 347.5o. This declaration is based upon (one or more may be m8icxd s) on a human or domestic animal on Public or private W oP Y• Joe 1 C 1 Th ReP°rtNumber person, including a p«som on a bicycle, upon the streets, private - 'Ihe dog �' � onprova chased or o a the dog owner's PfOPmV, in an apparent attitude of attack a sidewalks, or any public or p property, ReportNumbec The- dog bas aim" propwSity, tendency, or disposition to attack , , , . �� g injury or otiterwtse thmatening the a qty ofhumans or domesticazAmzls. RepodNumber this do should be aware that this dog will be to be a'D=*=Us Doge wdhm the meaning of M Statute 3475% The owner of g such. and confined or muzzled as required by the SMOIa if it: and requ#cd to cation, in$ids 1odi1y baft an a human being (00 .. 1. Wnhc�itprovo. 2 Kills a domestic U&id without WOV=8dM while off the ownces *opatr. (or) 3 Has been found to be potentially dangerous, and aver the owner has es ti c that the dog is potentially dangerous, the dog ag�vely bites, attacks, or endangers the safety oihummms or domt ' i hereby acknowledge recapt of the above notice. Rear 1"I 1 Microchippin Order Brooklyn Center Police Department Repo N,annber: 6645 Humboldt Ave. N Brooklyn Center, MN 55430 -1853 Time: (763)569-3333 Owner: !1 ,r'ra,�].C' l ,� DOB: I Address, Phone (Home): City. - Tap; 5 5 /-A Phone (Work): Name of Dog: 4 r', sew F M Breed: / 1 �v11/f A N Y N Color( �V1 ro n ��. Dingu hlarkmgs:: °- As required by Minnesota § 347515, the above listed dog owner is hereby ordered to Dave microchip ideri fication implanted by a veterinarian in the above listed dog. The dog has been declared "Potentially Dangerous" under Minnesota § 34750 The yaterinazian implanting the microchip must indicate in the area provided below:' (1) the mane of the microchip 's serial ID number, and (3) must fill in hislhername; address, and telephone number, and (4) sign factcner and (2) the microchip Police indicated. The 'croe bip must be im lamed and the pink copy of this completed form returned to Brooklyn Center V epartment by. 1 ./ � , Fail m to do so. is a misdemeanor, punishable by a fine of up to S I,OQO and/or imprisonment for up to 90 days. ❑ The dog bas been declared "Dangerone.under Minnesota § 34730 - The veterinarian implanting the microchip must indicate in the area provided below: (1) the name of the microchip . manufacturer and (2) the microchip's serial ID number, and (3) must fill in Melba- name, address, and telephone number, and (4) sign must be implanted and the pink copy ofthis completed form rd need to Brooklyn Center Police where indicated. The microchip Dcpartmea by: i I Failure to do so is a misdemeanor, punishable by a fine of up to $1,000 and/or - i3pd3onment for up to 90 days. you will also have to provide the sam information to Hennepin County in order to complete the dangerous dog registration. 3 hereby acknowledge receipt of the above order. s pgrnedRepctxatstive) Unuiag OOiecr/Ba!ige Number) 1NI =cbjp Implanted / ! Mara faeturac Chip Number Implanted b Address Phone: • Signature Ran t uol Printed by: bc3283jn Incident Report Page 1 of Printed date /time: 9/9/09 10:29 BROOKLYN CENTER POLICE DEPT I 45 HUMBOLDT AVE N, OOKLYN CENTER, MINNESOTA 55430 (763) 569 -3333 Incident Number: BC09- 005063 Incident Summary Incident Type: NON- CRIMINAL INCIDENT Report Type: DOG BITE Inc Occurred Address: 7119 KYLE AV N, BROOKLYN CENTER, MINNESOTA 55429 Sector /Beat: /BCO3 Inc Occurred Start: 09/07/2009 20:56 Inc Occurred End: Report Taken: Domestic: N Bias Motivation: Gang Related: N Substance: U Contact Nature: Reported Date/Time: 09/07/2009 20:56 Reporting Officer: IVERSON, JOEL Primary Assigned Officer: Case Status: ACTIVE Disposition: PENDING /OPEN Disposition Date: 09/09/2009 09:55 Offenses Statute Code: ANPDD Enhancers: Statute Desc: ANIMAL POTENTIAL DANGEROUS DOG Counts: 1 Statute Severity: Statute Code: ANBIT Enhancers: Statute Desc: ANIMAL BITE Counts: 1 Statute Severity: Officers Event Association Emp# Badge# Name Squad# CITING OFFICER 3274 3274 IVERSON, JOEL REPORTING OFFICER 3274 3274 IVERSON, JOEL W ersons Involved Person #: 0001 MNI: 58030885 Can ID Suspect: No Event Association: COMPLAINANT Contact Date/Time: 09/07/2009 20:56 Name: JOHNSON, MARK JOSEPH DOB: 06/17/1977 Age: 32 - 32 Sex: MALE Race: WHITE Height: Weight: Eye Color: Hair Color: Address: 7119 KYLE AV N, BROOKLYN CENTER, MINNESOTA 55429 Sector /Beat: /BCO3 Phone Type 1: CELL Phone# 1: (651) 775 -8621 Ext 1: Phone Type 2: Phone# 2: Ext 2: Occupation: Employer /School: Person #: 0002 MNI: 3948157 Can ID Suspect: No Event Association: SUSPECT Contact Date/Time: Name: FRANCIS, ANTHONY, KENNETH DOB: 09/22/1984 Age: 24 - 24 Sex: MALE Race: WHITE Height: 6'2" - 6'2" Weight: 180 - 180 Ibs Eye Color: BLUE Hair Color: BROWN Address: 7125 KYLE AV N, BROOKLYN CENTER, MINNESOTA 55429 Sector /Beat: 3/13CO3 Phone Type 1: HOME Phone# 1: (763) 742 -3883 Ext 1: Phone Type 2: WORK Phone# 2: (612) 520 -3716 Ext 2: • Occupation: Employer /School: Printed by: bc3283jn Incident Report Page 2 of Printed date /time: 9/9/09 10:29 BROOKLYN CENTER POLICE DEPT 5 HUMBOLDT AVE N, OOKLYN CENTER, MINNESOTA 55430 (763) 569 -3333 Incident Number: BC09- 005063 Persons Involved Person #: 0003 MNI: 58030887 Can ID Suspect: No Event Association: WITNESS Contact Date/Time: 09/07/2009 20:56 Name: FRANCIS, DAVE JOHN DOB: 11/13/1958 Age: 50 - 50 Sex: MALE Race: Height: Weight: Eye Color: Hair Color: Address: 7125 KYLE AV N, BROOKLYN CENTER, MINNESOTA 55429 Sector /Beat: 3/13CO3 Phone Type 1: HOME Phone# 1: (763) 562 -2262 Ext 1: Phone Type 2: Phone# 2: Ext 2: Occupation: Employer /School: Printed by: bc3283jn Incident Report Page 3of4 Printed date /time: 9/9/09 10:29 BROOKLYN CENTER POLICE DEPT 45 HUMBOLDT AVE N, OOKLYN CENTER, MINNESOTA 55430 (763) 569 -3333 Incident Number: BC09- 005063 Narratives ENTERED DATE/TIME: 09/09/2009 10:02:51 NARRATIVE TYPE: MAIN REPORT SUBJECT: MAIN REPORT AUTHOR: IVERSON, JOEL Witness: Francis, Dave John❑❑ Ell 1/13/1958 7125 Kyle Ave N, BC MN❑ ❑763/562 -2262 Main Report: On 09/07/2009 at 2105 hours, I, CSO Joel Iverson was dispatched to 7119 Kyle Ave N in regards to a dog bite. Upon arrival, I met with the victim, Mark Joseph Johnson. Johnson stated that around 1730 hours he went out of his front door to move his sprinkler that was right next to his front door and was bitten by the neighbor's dog "Brinks." Johnson said he picked up the sprinkler by his front door and moved it to the north side of his property near the property line. Johnson stated that he set the sprinkler on the ground, and as he was starting to get up he could hear Brinks's collar jingle. Johnson said that Brinks was right next to him, and bit his left wrist as he was standing up. I asked Johnson if the dog shook its head as he was biting him and he said "no." Johnson said that right after the bit occurred he walked to his garage where he was then met by both his neighbors. The neighbors are Anthony Kenneth Francis and Dave John Francis. Anthony is the owner of the dog and Dave is the father of Anthony. Johnson stated that Dave helped him put ice on the bite and bandage it. Johnson said after his wounds were tended to, Anthony drove him to North Memorial. I asked to see Johnson's bite marks and he agreed. There were two puncture holes, one on top of his wrist and one on the bottom. Photos were taken. After talking with Johnson, I went to 7125 Kyle Ave N in Brooklyn Center where Brinks and Anthony live. I asked Anthony for his side of the story. Anthony stated that he and his father were working in the garage and heard someone say "ouch." Anthony said that they looked up and saw Brinks by the property line and walked over to see what had happened. Anthony stated he and his father saw Johnson walking to his garage and followed him. Anthony said he was standing there while his father helped Johnson with his wounds. Anthony stated that he then drove Johnson to North Memorial where he stayed with Johnson until his wife arrived. I gave a copy of the micro chipping order and notice of potentially dangerous dog forms to Anthony Francis. Also attached to the report is a copy of the rabies vaccination certificate and copy of the report from North Memorial. No further information at this time. Iverson Printed by: bc3283jn Incident Report Page 4 of 4 Printed dateltime: 919!09 10:29 BROOKLYN CENTER POLICE DEPT 0 64 5 HUMBOLDT AVE N, OOKLYN CENTER, MINNESOTA 55430 (763) 569 -3333 Incident Number: BC09- 005063 Signatures Reporting Officer Date Supervisor Date Page 1 of 2 s Mw wal EMERGENCY DEPARTMENT 3300 Oakdale Ave N ROBBINSDALE MN 55422 763 -520 -5542 Johnson, Marc (2156194) Visit on: 917/09 Your diagnosis was: DOG BITE OF ARM Follow-uD iContact details lComments Contact information `infor _ ,your primary =M an appointment in scare doctor 1 week I €If you do not have a primary physician, call our referral line to find a primary physiclaniclinia. Cal! (783) 520 -5555. Discharge Attachments • • Bite - Dog - - - r a -- -- ci — other than the <If you were seen by a Physician (Orthopedic Surgeon, Plastic Surgeon, etc) Emergency Department :Physician please see instructions that follow. 'No discharge procedures on file. Your Medications New Prescriptions AMOXICILUN -POT CLAVtA.ANATE (AUGMENTIN) 500 -125 MG Take 1 Tab by mouth twice a day. First ORAL TAB - _ __ _ _ _ _ _ dose started-on-9171 PM y J HYDROCO li 5 MG-ACETAMINOPHEN 500 -M G (NICODIN) 5-Take 1 2 Tabs by mouth every 6 (six) 500 MG ORAL TAB hours as needed. Previously Reported Medi No Medications Reported These Medications Have Changed No Medications Reported Stop Taking These Medications No Medications Reported ;YOU ARE THE MOST IMPORTANT FACTOR IN YOUR RECOVERY. Follow the above Instructions carefully. Take any (recommended over-the-counter medications or prescribed medications as directed. Most important see a doctor again as discussed. IF YOU HAVE PROBLEMS WE HAVE NOT DISCUSSED OR ANY ONGOING PROBLEMS, CALL (OR VISIT YOUR DOCTOR RIGHT AWAY. IF YOU CANT REACH YOUR DOCTOR RETURN TO THE EMERGENCY DEPARTMENT. l ;IF YOU HAVE RECEIVED ANY NARCOTIC PAIN MEDICATION OR ANY MEDICATION THAT MAY CAUSE 1DROWSINESS PLEASE DO NOT DRIVE, OPERATE MACHINERY, OR DRINK ALCOHOL. I If you had any type of CULTURE done, and your are an established patient with a Primary care clinidphysician, Patient Confidential - Johnson Marc Printed by rE018031 at 9/1/09 7:39 PM Page 1 of 2 Page 2 of 2 please call your doctor for culture results in 2 days. If you are being referred to a new primary care cliniclphysician, . please call (763)$20-7810 Monday through Friday Sam -4pm or Saturday and Sunday 9ama4pm for your culture results. If your 4est.results are negative we will not contact you. We will attempt to contact you with positive results at any number ydu can be reached. If you had special tests such as X -RAYS, a Radiologist will review them and make a final reporL We will call you if I them are any new suggestions. i lit is important that you know we have examined and treated you on an emergency basis only. This is not a substitute for, or effort to provide, complete medical care. in most cases, you must let your doctor or the doctor you are ,referred to check you again. 1 1 have received this information and my questions have been answered. I have discussed any challenges I see with this plan with the nurse or physician. Patient Signature Phone # • Patient Confidential - Johnson. Marc Printed by fE018031 at 9/7109 7:39 PM Page 2 of 2 f'' sk .r J F.. k :rlt'. tifl4y. .. ;q u �j 0­ iwl '• . :'ice ..7.' .�..; - r l ~ Ilk ' t : AGENCY COPY RABIES VACCINATION CERTIFICATE NASPHV Forrn #51 Rabies Tag Number Owner's Name and Address- Print - use ball point pen or type j PRINT - Last ,("�' /�,, ,�e First M.I. Telephone' � No. .Stria - L at e 1'C(t� . 6 (G,ev P ominant Breed: Colors: S Cy te �?''�'I r ' / Size: 1. � red pecles: Se)t Age: j Dog Male 6 3 mo to 12 mo ❑ Under 20 lbs. ❑'' Cat 0. Female ❑ 12 mo or older 20-50168. ❑ A i Other: ❑ Neutered 19( Actual Age Over 50 lbs. �a (specify) Actual f �bs. Nambf) DATE VACCINATED: producer: , Vetedna ' . # N • • f, (Fiat 3 letters) Q•/ (810ature) Month 'Day Year ❑ 1 yr. UcJVacc. O 1 A'ddreae: . ❑ 3 r. Uc. /Vacc. , � Y VACCINATION EXPIRED: ether >' Broadway Robbinsdale Animal Hosp = 2727 W Broadway Ave Minneapolis MN 55411 i Month Day Year Vacc: Serial (lot) no. i . ,�.. �d � -mf �' I � I� '�% .;x �_ - �. r� "s '� > "�. ,� ,� j ?�: i q!�a. I -- Attachment 3 Hearing Regarding Potentially Dangerous Dog Declaration Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson, MMC O City Clerk September 10, 2009 Mr. Anthony Francis 7125 Kyle Ave N Brooklyn Center, MN 55429 RE: Notice of Potentially Dangerous Dog Dear Mr. Francis: The City has received your Notice of Potentially Dangerous Dog dated September 7, 2009. Enclosed is a copy of City Ordinance Sections 1 -250 through 1 -280 relating to the regulation of potentially dangerous dogs. As owner of a potentially dangerous dog, you must comply with the requirements of Section 1- 270(1) and continue to comply with such requirements until the dog is dead or removed from the City, or the City has determined that the dog is not dangerous. REGISTRATION PROCESS 1. Complete the Registration Application for Potentially Dangerous or Dangerous Dog, 2. Submit photos showing that a proper enclosure exists for the dog and that "Beware of the Dog" signs have been posted at every entryway to the premises (your photos will be returned to you or you can e-mail digital photos to sknutsone.ci.brooklvn- center.mn.us); 3. Submit proof that the dog has had microchip identification implanted; and • 4. Submit $35.00 registration fee. Required application materials are due within 14 calendar days from the date of this letter. Once the required application materials have been received, the City Manager will issue a certificate of registration, along with a tag identifying the dog as dangerous or potentially dangerous, which must be affixed to the dog's collar and worn by the dog at all times. The City will also provide for posting on the owner's property one "Beware of the Dog" sign. Potentially Dangerous Dog Registrations expire September 30, and an owner must renew the registration of the dog annually until the dog is deceased. CONTEST /APPEAL THE DANGEROUS DOG DECLARATION Particular attention should be given to Section 1- 255(2)(a) of the City Code of Ordinances, which provides that if an owner of a dog has received a notice of intent, the owner may request that a hearing be conducted to determine whether or not such a designation is justified. Such request must be made in writing and delivered to the City Manager within 14 calendar days of receipt of the notice of intent. Questions regarding the registration of potentially dangerous dogs should be directed to me at 763 -569 -3306 or e- mail sknutson(,�)ci.brooklvn- center.mn.us. Si rely, Sharon Knutson, MMC City Clerk Enclosure 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 • Attachment 4 Hearing Regarding Potentially Dangerous Dog Declaration O V /d • C A- vS J J RECEIVED SEP 21 2009 BY: 7l zs /�Y vc S'syZ y • Attachment 5 Hearing Regarding Potentially Dangerous Dog Declaration 0 Offices in 470 U.S. Bank Plaza 1 200 South Sixth Street Minneapolis Minneapolis, MN 55402 G � (612) 337 -9300 telephone raven 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 MARY D. T IETJEN Attorney at Law Direct Dial (612) 337 -9277 Email: mtiet en @kennedy- gmven.com October 5, 2009 Anthony Francis 7125 Kyle Avenue North Brooklyn Center, MN 55429 RE: Dangerous Dog Hearing Dear Mr. Francis: On September 10, 2009, the City of Brooklyn Center Police Department issued a notice to you that your dog has been declared "potentially dangerous" under state law and city ordinances. By letter from you to the City of Brooklyn Center which was received on September 21, 2009 you requested a hearing to determine whether this designation is justified. The City as convened a panel for the hearing. The hearing will take lace on October 27 2009 in Y P g g P , the All- America conference room at Brooklyn Center City Hall. Please arrive at City Hall by 6:00 p.m. Please feel free to bring any information with you that you feel may be helpful to the panel in reaching its decision. If you have questions, you may contact me at 612- 337 -9277 or Sharon Knutson, City Clerk, at 763 -569 -3300. Sincerely, Mary D. Tietj en MDT:peb cc: Mayor Willson (incident report and photos enclosed) Robbie Hiltz (incident report and photos enclosed) Jerry Low (incident report and photos enclosed) CSO Iverson #3274 Sharon Knutson, City Clerk Charlie LeFevere, City Attorney • 358370v1 MDT BR291 -265 • Attachment 6 Hearing Regarding Potentially Dangerous Dog Declaration City of Brooklyn Center A Millennium Community November 12, 2009 Mr. Anthony Francis 7125 Kyle Avenue North Brooklyn Center, MN 55429 RE: Dangerous Dog Hearing Dear Mr. Francis: This letter is the Panel's decision and findings for the dangerous dog hearing that was held on October 27, 2009. The panel members have reached a unanimous decision that sufficient information exits to declare your dog, Brinks, potentially dangerous. If you disagree with the Panel's decision, you have the right to appeal to the Brooklyn Center City Council. The appeal ust be in writing and submitted to the City Manager within 14 calendar days of the date of this letter. • Factual Background On September 7, 2009, the Brooklyn Center Police Department issued a Notice of Potentially Dangerous Dog to you as the result of an incident involving your dog, Brinks. The police incident report indicates that Brinks, unprovoked, bit your neighbor on the arm. Photographs confirmed that a bite had occurred. Citv Ordinance Under Brooklyn Center City Code, Section 1 -250, a potentially dangerous dog is "any dog that: a) when unprovoked, inflicts bites on a human or domestic animal on public or private property; ...." Panel Decision Based on the evidence, including your testimony at the hearing, the Panel finds that: 1. The incident on September 7, 2009, involved an unprovoked bite to a human. 2. You did not present any evidence or testimony to refute that the bite occurred or that it was unprovoked. 3. Therefore, there is sufficient evidence under City Code Section 1 -250 to declare Brinks . a "potentially dangerous dog." 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. cityo fb rooklyncenter. org Mr. Anthony Francis • Page 2 November, , 2009 In order to avoid future incidents, the Panel recommends that you take whatever steps are possible to further secure your yard. It appears that you have already made progress in some training, but additional steps may be necessary to keep Brinks under your supervision. Keep in mind that under Section 1 -260 of the City's ordinance, you may request that the City review the potentially dangerous dog designation in six months. If there is evidence that your dog's behavior has changed, the designation may be rescinded. Feel free to contact Sharon Knutson at (763) 569 -3306 at the City of Brooklyn Center if you have any questions about this letter, the Panel's decision, or want to request review of the designation within six months. Ms. Knutson's September 10, 2009, letter to you outlines the procedures and requirements for registering your dog with the City. Sincerely, • 1Vlayor Tim Willson Robbie Hiltz wj-,v cc: Sharon Knutson, City Clerk Charlie L. LeFevere, City Attorney Mary D. Tiet en, Assistant City Attorney CSO Iverson #3274 Attachment 7 Hearing Regarding Potentially Dangerous Dog Declaration Potentially dangerous doE appeal I am appealing the panel's decision on my dog brinks to claim that he is a potentially dangerous dog. He is not a potentially dangerous dog. G • 7 kYlt Quakl A-4��4fL Attachment 8 Hearing Regarding Potentially Dangerous Dog Declaration City of Brooklyn Center A Millennium Community November 30, 2009 Mr. Anthony Francis 7125 Kyle Avenue North Brooklyn Center, MN 55429 RE: Potentially Dangerous Dog Hearing Dear Mr. Francis: On September 7, 2009, the City of Brooklyn Center Police Department issued a notice to you that your dog Brinks had been declared "potentially dangerous" under state law and City Ordinances. On September 20, 2009, you requested a hearing to determine whether this designation is justified. On October 27, 2009, the City's Animal Control Review Panel held a hearing, at which you were present. On November 12, 2009, a letter was mailed to you of the Animal Control Review Panel's findings that there was sufficient evidence to declare Brinks a potentially dangerous dog. By letter from you dated November 19, 2009, you appealed the Panel's decision. The Brooklyn • Center City Council will hear your appeal on Monday, December 14, 2009, at 7 p.m. or as soon thereafter as the matter may be heard in the City Hall Council Chambers, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430. Please feel free to bring any information with you that you feel may be helpful to the City Council in reaching its decision. Questions should be directed to me at 763 -569 -3306 or sknutsona,,ci.brooklvn- center.mn.us. Sincerely, Sharon Knutson, MMC City Clerk • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number g y Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ww w. cityo fbrooklyncenter. org City Council Agenda Item No. lOb Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING & REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR THE DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2010 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that the final property tax levy be provided to the Hennepin County Auditor no later than December 28, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that a tax is hereby levied on all taxable real and personal property within the City of Brooklyn Center for the purpose and sums as follows: General Fund: Limited Levy $ 6,684,916 Police & Fire Special Levy 5,122,581 Foreclosures Special Levy 125,000 Fire Relief Association Pension 65,945 • 2008 LGA Unallotment 42,100 2009 LGA Unallotment 463,502 Subtotal Tax Capacity Levies: $12,504,044 2004 A- Police and Fire Building Refunding Bonds $ 715,183 Subtotal Market Value Levy for Debt Service $ 715,183 Housing and Redevelopment Authority $ 349.745 Subtotal Tax Capacity Levy for HRA $ 349,745 Total Levy $13,568,972 December 14, 2009 Date Mayor ATTEST: Ci ty Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A FINAL PROPERTY TAX LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2010 WHEREAS, Minnesota Statutes require that the final property tax levy be provided to the Hennepin County Auditor no later than December 28, 2009 for taxes payable in calendar year 2010; and WHEREAS, the City Council has received a resolution from the Housing and Redevelopment Authority of the City of Brooklyn Center establishing the final levy of the City of Brooklyn Center Housing and Redevelopment Authority for fiscal year 2010; and WHEREAS, the City Council of the City of Brooklyn Center, pursuant to the provisions of Minnesota Statutes 469.033, Subdivision 6, must certify the final property tax levy resolution of the Housing and Redevelopment Authority of the City of Brooklyn Center. • NOW THEREFORE, BE IT RESOLVED by the City Council of the City of City of Brooklyn Center, Minnesota that a special tax is hereby levied on all taxable real and personal property within the City of Brooklyn Center at the rate of 0.0185% of the total market value of real and personal property situated within the corporate limits of the City of Brooklyn Center that is not exempted by law. BE IT FURTHER RESOLVED that the property tax levied under this resolution be used for the operations and activities of the Housing and Redevelopment Authority of the City of Brooklyn Center pursuant to Minnesota Statutes Chapter 469.001 to 469.047. December 14, 2009 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: • whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION ADOPTING THE 2010 GENERAL FUND BUDGET WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that revenues and appropriations for the General Fund for 2010 shall be: Revenues and Other Sources General Fund Property Taxes $ 12,504,044 Sales Tax- Lodging Receipts $ 750,000 Licenses and Permits $ 710,937 Intergovernmental Revenue $ 1,109,109 Charges for Services $ 859,362 Fines and Forfeits $ 345,000 Miscellaneous Revenue $ 165.470 Total General Fund Revenues $ 16.443.922 Appropriations and Other Uses General Fund General Government $ 2,227,522 General Government Buildings $ 768,069 Public Safety $ 7,698,335 Public Works $ 3,037,933 CARS $ 1,451,761 Business & Development $ 478,189 Building & Community Standards $ 834,112 Convention and Tourism $ 356,250 Social Services $ 80,938 Risk Management $ 202,390 Central Services and Supplies $ 278,700 Reimbursement from Other Funds ($ 1,045,277) Transfer Out - Miscellaneous $ 75.000 Total General Fund Appropriations 16.443.922 December 14, 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 i g ed aga nst the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION ADOPTING THE 2010 SPECIAL REVENUE FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Special Revenue Fund Budgets for 2010 shall be: Revenues and Other Sources Special Revenue Funds Economic Development Authority $ 364,745 Housing and Redevelopment Authority $ 349,745 Community Development Block Grant $ 193,750 TIF District #2 $ 805,986 TIF District #3 $ 2,175,541 TIF District #4 $ 305,463 City Initiatives Grant Fund $ 174,598 Total Special Revenue Funds $4,369,828 Appropriations and Other Uses Special Revenue Funds Economic Development Authority $ 379,104 Housing and Redevelopment Authority $ 349,745 Community Development Block Grant $ 193,750 TIF District #2 $ 18,000 TIF District #3 $ 3,674,662 TIF District 94 $ 305,189 City Initiatives Grant Fund $ 195,577 Total Special Revenue Funds $ 5.116.027 December 14, 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION ADOPTING THE 2010 DEBT SERVICE FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Debt Service Fund Budgets for 2010 shall be: Revenues and Other Sources Debt Service Funds 1999A GO Improvement Bonds $ 200 2000A GO Improvement Bonds $ 79,445 2001A GO Improvement Bonds $ 86,200 2003A GO Improvement Bonds $ 139,217 2004A GO Building Refinancing Bonds $ 716,183 2004B GO TIF Refinancing Bonds $ 432,962 2004C GO Improvement Bonds $ 136,730 2004D GO TIF Bonds $ 1,400,319 2006A GO Improvement Bonds $ 193,894 2008A GO TIF Bonds $ 1,740,181 2008B GO Improvement Bonds $ 404,886 Total Debt Service $ 5.330.217. . Appropriations and other Uses Debt Service Funds 1999A GO Improvement Bonds $ 154,550 2000A GO Improvement Bonds $ 71,294 2001A GO Improvement Bonds $ 75,385 2003A GO Improvement Bonds $ 130,989 2004A GO Building Refinancing Bonds $ 716,653 2004B GO TIF Refinancing Bonds $ 432,962 2004C GO Improvement Bonds $ 119,425 2004D GO TIF Bonds $ 1,400,319 2006A GO Improvement Bonds $ 187,120 2008A GO TIF Bonds $ 1,740,181 2008B GO Improvement Bonds $ 360,589 Total Debt Service $ 5.389.467 December 14, 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. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2010 CAPITAL PROJECT FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriation for the Capital Project Funds for 2010 shall be: Revenues and Other Sources Capital Project Funds Capital Improvements Fund $ 136,726 Infrastructure Construction Fund $ 8,868,000 Municipal State Aid (MSA) Fund $ 749,291 Street Reconstruction Fund $ 686,071 Earle Brown Heritage Center Capital Fund $ 200,000 Technology Fund $ 70,000 Total Capital Project Funds $10.710.088 Appropriations and Other Uses Capital Project Funds . Capital Improvements Fund $ 339,000 Infrastructure Construction Fund $10,865,285 Municipal State Aid (MSA) Fund $ 1,290,900 Street Reconstruction Fund $ 1,503,000 Earle Brown Heritage Center Capital Fund $ 366,000 Technology Fund $ 91,345 Total Capital Project Funds 14.455 ._. December 14, 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. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ADOPTING THE 2010 ENTERPRISE FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn. Center is required by City Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Enterprise Funds for 2010 shall be: Revenues and other Sources Enterprise Funds Brooklyn Center Liquor $ 5,562,350 Centerbrook Golf Course $ 272,250 Earle Brown Heritage Center $ 3,696.782 Total Enterprise Funds $10.040.53Q Appropriations and Other Uses Enterprise Funds Brooklyn Center Liquor (w /o Depreciation) $ 5,445,404 . Centerbrook Golf Course (w /o Depreciation) $ 267,461 Earle Brown Heritage Center (w /o Depreciation) $ 3,969,432 Total Enterprise Funds $10.058.115 December 14, 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. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ADOPTING THE 2010 PUBLIC UTILITY FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Public Utility Fund Budgets for 2010 shall be: Revenues and Other Sources Public Utility Funds Water Fund $ 2,068,227 Sewer Fund $ 3,308,497 Storm Sewer Fund $ 1,605,554 Street Lighting Fund $ 260,426 Recycling Fund $ 284,242 Total Public Utility Funds $7,526,946 Appropriations and Other Uses • Public Utility Funds Water Fund (w /o Depreciation) $ 2,612,330 Sewer Fund (w /o Depreciation) $ 4,048,759 Storm Sewer Fund (w /o Depreciation) $ 2,401,797 Street Lighting Fund (w /o Depreciation) $ 309,332 Recycling Fund (w /o Depreciation) $ 273,087 Total Public Utility Funds $ 9.645.305 December 14, 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. adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION ADOPTING THE 2010 INTERNAL SERVICE FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Internal Service Fund Budgets for 2010 shall be: Revenues and Other Sources Internal Service Funds Central Garage Fund $ 1,897,075 Post Employment Insurance Fund $ 22,000 Compensated Absences Fund $ 8,000 Total Internal Service Funds $ 1.927.075 Appropriations and Other Uses Internal Service Funds Central Garage Fund (w /o Depreciation) $ 1,406,346 Post Employment Insurance Fund $ 118,640 • Compensated Absences Fund $ 15.000 Total Internal Service Funds S 1.539.986 December 14, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member an on v in in favor thereof: d up vote being taken thereon, the following voted and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3 City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Servic DATE: 8 December 2009 SUBJECT: Adoption of the Capital Improvement Program for the years 2010 through 2024 Recommendation: It is recommended that the City Council consider the attached resolution adopting the Capital Improvement Plan for the fiscal years 2010 through 2024. Background: Attached to the Resolution as Exhibit A is the Capital Improvement Plan document reviewed with the City Council and Financial Commission on November 15, 2009. This plan details the 15 year plan for capital construction improvements within the City and the financing sources required to accomplish these projects. Financial Impact: The Plan anticipates spending for 2010 improvement projects of $ 15,925,800 and total of $ 97,271,150 in improvements over the next 15 years. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ADOPTING THE 2010 -2024 CAPITAL IMPROVEMENT PROGRAM WHEREAS, the City Council of the City of Brooklyn Center annually adopts a Capital Improvements Program following review and discussion y the City Council; and WHEREAS, the City Council reviewed and discussed the proposed 2010 -2024 Capital Improvement Program together with the Financial Commission on November 15, 2009; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit A is the documentation for the above referenced 2010 -2024 Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 2010 -2024 Capital Improvement Program as set forth in Exhibit A to this Resolution be and hereby is adopted. December 14, 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. • EXHIBIT-A city of Brookfyn Center 2010 CAPITAL IMPROVEMENT PROGRAM PROFILE The 2010 Capital Improvement Program (CIP) is a planning document that presents a fifteen -year overview of scheduled capital projects to address the City's goals for maintaining public infrastructure. The CIP includes a long -term financing plan that allows the City to allocate funds for these projects based on assigned priorities. The fifteen -year horizon of the CIP provides the City with an opportunity to evaluate project priorities annually and to adjust the timing, scope and cost of projects as new information becomes available. The information contained in this plan represents an estimate of improvement costs based on present knowledge and expected conditions. Changes in community priorities, infrastructure condition and inflation rates require that adjustments be made on a routine basis. A capital improvement is defined as a major non - recurring expenditure related to the City's physical facilities and grounds. The 2010 -2024 CIP makes a concerted effort to distinguish between major maintenance projects contained in the City's operating budgets and capital improvement projects financed through the City's capital funds and proprietary funds. Typical expenditures include the cost to construct roads, utilities, parks, or municipal structures. The CIP is predicated on the goals and policies established by the City Council, including the general development, redevelopment, and maintenance policies that are part of the City's Comprehensive Plan. A primary objective of the CIP is to identify projects that further these goals and policies in a manner consistent • with funding opportunities and in coordination with other improvement projects. CIP Project Types The Capital Improvement Program proposes capital expenditures totaling $97 million over the next 15 years for basic improvements to the City's streets, parks, public utilities, and municipal buildings. A brief description of the four functional areas is provided below. Public Utilities The City operates four utility systems, all of which have projects included in the CIP water, sanitary sewer, storm drainage, and street lighting. A vast majority of the public utility improvements are constructed in conjunction with street reconstruction projects. The remaining portion of public utilities projects include improvements to water supply wells, water towers, lift stations and force mains. Street Improvements Street improvements include reconstruction of neighborhood streets and reconstruction of arterial and collector streets. Proposed improvements include the installation or reconstruction of curb and gutter along public roadways. As noted earlier, street improvements are often accompanied by replacement of public utilities. Park Improvements Park improvements include the construction of trails, shelters, playground equipment, athletic field lighting and other facilities that enhance general park appearance and increase park usage by providing recreational facilities that meet community needs. CIP (2010 —2024) Page 11 E HIRM A • Capital Building Maintenance Improvements Capital building maintenance improvements include short and long term building and facility improvements identified in the 18 -year Capital Building Maintenance Program approved in 2007. CIP Funding Sources Capital expenditures by funding source for the fifteen -year period are shown in Table 1 and the accompanying chart. Major funding sources are described below. Public Utility Funds Customers are billed for services provided by the City's water, sanitary sewer, storm sewer, and street lighting public utilities. Fees charged to customers are based on operating requirements and capital needs to ensure that equipment and facilities are replaced to maintain basic utility services. Annually the City Council evaluates the needs of each public utility system and establishes rates for each system to meet those needs. Capital Improvements Fund This fund is comprised of transfers from the General Fund, repayment of debt from the Golf Course operating fund, and transfers from liquor operations. Typically the City Council has directed these funds towards municipal facilities such as parks, trails, public buildings and other general purpose needs. Special Assessment Collections Properties benefiting from street and storm sewer improvements are assessed a portion of the project costs in accordance with the City's Special Assessment Policy. Every year the City Council establishes special assessment rates for projects occurring the following year. Rates are typically adjusted annually to maintain the relative proportion of special assessments to other funding sources. • Street Reconstruction Fund The Street Reconstruction Fund provides for the cost of local street improvements along roadways that are not designated as municipal state aid routes. The revenue for this fund is generated from franchise fees charged for the use of public right -of -way by natural gas and electric utility companies. The City's ability to provide adequate revenue for the Street Reconstruction Fund is currently one of the main limiting factors in determining the rate at which future street and utility improvements can be accomplished. Municipal State Aid (MSA) Fund State - shared gas taxes provide funding for street improvements and related costs for those roadways identified as MSA streets. The City has 21 miles of roadway identified as MSA streets and is therefore eligible to receive fundin g � based on this designation. The annual amount available is approximately $750,000 and provides for maintenance and construction activities within the City's MSA street system. Funds to be Determined A dedicated funding source for portions of the, Capital Building Maintenance Improvements is yet to be determined. The Liquor Store Enterprise fund was used in 2008 and 2009. Other funding sources in this category include grants, park district funding, watershed funding, and county funding as determined on a project by project basis. CIP (2010 — 2024) P a g e 12 €XHaBIT - -A TABLE 1. 20 10 Capital Improvement Program - Summary by Funding Source • Total Funding Average Annual Percent of Need 2 010 -20 24 Funding Need I Total Need Water Utility $14,745,830 $983,055 15% Sanitary Sewer Utility $12,098,940 $806,596 12% (Storm Drainage Utility $15,866,180 $1,057,745 16% 1 Street Lighting Utility $981,700 $65,447 1% I Municipal State Aid $8,997,591 $599,839 9% Street Reconstruction Fund $12,645,717 $843,048 13% (Capital Projects Fund $2,372,000 $158,133 2% Special Assessment Collections $18,236,192 $1,215,746 19% Other Funding Sources $5,560,000 $370,667 6% TOTAL -_ $97.27 —.- .._.°10 Funds To Be De termine d $5 7 _6 7, 00 - 0 —__ $3 84,467 6 1.1501 $6.484,7431 100% Table 2.2010 Capital Improvement Program — Overview of Project and Funding Sources. Annual breakdowns for each project year are accompanied by a brief description of each project. Capital Improvement Program by Funding Source Funds To Be Other Funding Determined, 6 0 % Sources, 6% Capital Projects, 2% Street light, 1% . CIP (2010 — 2024) Page 13 I I I ��,,,,, � Inr.e •r.. �`- �� � + � � ■B 31/ H li_ � i3. ♦� °� uYOm1i Y` n �s' _' .:u �� G + 'n. - �u• aJ u'n r no� ::: aim° .�. ■ v __ uu�u■ ■manHm� _ Maw } _ S14aI . -P YW _ i s C iii w7uY • yt 'w� x` op .> :,� , _ . �, ..Y_ fl �u1 G 4 :e a au rev .y IY cu u , n ® w Om 2-6 _a a x 1� ... ..._.... - x- v �.� sp �^ Q FA` s" -*IN Vii' i +i e� E � 1111 s . `' - o fill 11 i IL . � um�� . n. c •r' C - 0 5 : © O WN YIn a :ic . -,� ■�u 'a I Is '�e DES an — �uY'��cu - I t11 u SIN .0 , , d + P ■ :i I n xi ■IWi + "YnY� ■_ ' ■glf■q■ -- ��}' S`i'.a M - ME ta F$xtry xxq tttxe■s w mn ►=W is to r+l eq 1 1 011D ■c c �.rr■■nu r` - ��}y ■tG su ii i 1A G T 1111► 1 ■n txgq ■Q!7 • ■ '.�. auto IN 1111 €'- S � wr .0 qlx[- i$5 � Nq1 3�etR'7■/ / M = +uir� M y ' - ii � 1 u '�'i= ir+n,'A�`ia■- a r'7i is So d C. C r ■► /r!^18 _! ♦•"''wig - anmx . ■gmmaxn ��� ■: - .. lm'cYWiYr w t j �ry �. ii � s am 1 OPIUM mm rtu�.uru■ a �■__ .i 1 d summon .jl� ,- IIOt /f/ SC � , �.- le = w ralinrnY�i N.. ■ L'� p As O r- tl VINE NUNN N. -i ? �iiE5ClgWt ► . S te , = MIM �■° i�u it`� nu■ u C r --j 7 u OR x1O■G w, S_ . . N w F IS R E FE, R WE at a■■ SO .� ntamr xwllwm -< Iwo. m y If - 7 = _ , Table 2 Capital Improvement Program (2010 - 2024) December 2, 2009 Special Street MSA Storm Drainage Sanitary Sewer Water Street Light Capital Projects Other To Be Total Project Project Assessments Reconst. Fund Fund Utility Utility Utility Utility Fund Funding Sources Determined Cost 2010 Dupont Avenue Reconstruction $900,000 $0 I $1,080,000 $737,000 $456,000 $504,000 $30,000 $0 $0 $0 $3,707,000 Twin Lake North / Lakeside Neighborhood $904,000 $1,305,000 $77,000 $1,108,000 $970,000 $902,000 $53,000 $0 $0 $0 $5,319,000 Vincent Neighborhood $82,000 $198,000 ! $0 $100,000 $84,000 $130,000 $0 $0 $0 $0 $594,000 Arboretum South Parking Lot Reconstruction $0 $0 ! $0 $0 $0 $0 $0 $30,000 $0 $0 $30,000 Wetland 639W participation with SCWMC $0 $0 $0 $165,800 $0 $0 $0 $0 $0 $0 $165,800 Storm Water Ponds 12-002 & 12-003 Dredging $0 $0 I $0 $120,000 $0 $0 $0 $0 $0 $0 ; $120,OOC Shingle Creek Stream Bank Stabilization (CR 10 to 1-94) $0 $0 $0 $0 $0 $0 $0 $0 $520,000 (1) $0 $520,OOC Capital Maintenance Building Program 2010 $0 $0 $0 $0 $22,000 $44,000 $0 $0 $0 $195,000 $261,OOC WIIIow Lane Open Picnic Shelter & Park Improvements $0 $0 $0 $0 $0 $0 $0 $70,000 $0 $0 ; $70,OOC Grandview Park Trail $0 $0 $0 $0 $0 $0 $0 $37,000 $0 $0 $37,OOC Kylawn and Firehouse Parks Trail Rehab. so $0 $0 $0 $0 $0 $0 $62,000 $0 $0 $62,OOC Bass Lake Road Streetscape & Regional Trail $0 $0 $0 $0 $0 $0 $0 $5,040,000 '(2) $0 $5,040,OOC 2010 Subtotal $1,886,000 $1,503,000 $1,157,000 $2,230,800 $1,532,000 $1,580,000 $83,000 $199,000 $5,560,000 $195,000 $15,925,800. Notes: (1) Watershed Funding ($130,000); Hennepin County Grant submittal ($130,000); City TIF District 3 ($260,000) (2) 2009 ARRA Federal Stimulus Funding ($2,000,000); Henneping County ($798,500); Three Rivers Park District ($434,000); City TIF District 3 ($1,807,500) "71 2011 Logan Neighborhood Reconstruction $972,000 $906,000 $0 $873,000 $395,000 $720,000 $54,000 $0 $0 $0 $3,920, - Shingle Creek Pkwy Street Improvement $0 $0 $600,000 $30,000 $O $34200 $0 $0 $0 $0 $664,2 Lift Station No. 9 Force Main Replacement $0 $0 $0 $0 $415,000 $0 $0 $0 $0 $0 $415,0 Emer Generator Replacement for Lift Station No. 2 $0 $0 $0 $0 $60,900 $0 $0 $0 $0 $0 $60,90 Traffic Signal Replace at SCP and 1-94 $0 $0 $303,000 $0 $0 $0 $0 $0 $0 $0 $303,00 Storm Water Pond 12-005 Rehab $0 $0 $0 $49,000 $0 $0 $0 $0 $0 $0 $49,0 Capital Maintenance Building Program 2011 $0 $0 $0 $0 $62,500 $8,500 $0 $0 $0 $533,500 $604,500 ;_Northport Park Budding Replacement $0 $0 $0 $0 $0 $0 $0 $295,000 $0 $0 $295,OOC „Unity Avenue Reconsiructior $181,000 $128,000 $0 $89,000 $15,000 $206,000 $13,000 $0 $0 $0 $632,000 2011 Subtotal $1,153,000 $1,034,000 $903,000 $1,041,000 $948,400 $968,700 $67,000 $295,000 $0 $533,500 $6,943,80( 2012 Evergreen Park Fence & Court Reconstruction $0 $0 $0 $0 $0 $0 $0 $77,000 $0 $0 $77,OOC Evergreen Athletic Field Llghgng Replacement $0 $0 $0 $0 $0 $0 $0 $105,000 $0 $0 $105,OOC West Palmer Park Building Replacement $0 $0 $0 $0 $0 $0 $0 $300,000 $0 $0 $300,ODC :Water Tower No. 2 - Painting $0 $0 $0 $0 $0 $718,000 $0 $0 $0 $0 $718,0 'Storm Water Pond 18-001 Rehab $0 $0 $0 $155,000 $0 $0 $0 $0 $0 $0 $155,00 Storm Water Pond 46 -001 Rehab $0 $0 $0 $39,000 $0 $0 $0 $0 $0 $0 $39,0 Capital Maintenance Building Program 2012 $0 $0 $0 $0 $19,500 $28,500 $0 $0 $0 $228,000 $276, East Palmer Lake Neighborhood Reconstrrcior $768,000 $860,000 $0 $756,000 $345,000 $315,000 $40,000 $0 $0 $0 $3,084,00 2012 Subtotal $768,000 $860,000 $0 $950,000 $364,500 $1,061,500 $40,000 $482,000 $0 $228,000 $4,754,000 2013 Baseball Backstop Replacements $0 $0 $0 $0 $0 $0 $0 $20,000 $0 $0 $20,000] Replace Traffic Signals at 66th Ave & Hwy 252 $0 9 0 $150,000 $0 $0 $0 $0 $0 $0 $0 $150,000 Storm Water Pond 60 -001 Rehab $0 $0 $0 $17,000 $0 $0 $0 $0 $0 $0 $17,00( Capital Maintenance Building Program 2013 $0 $0 $0 $0 $0 $125,500 $0 $0 $0 $636,000 $761,50C Humboldt Ave N (53rd to 57th) Reconstruction $260,000 $0 $0 $0 $100,000 $90,000 $28,000 $0 $0 $0 $478,OOC Kylawn Park Neighborhood Reconstruction $1,358,000 $866,000 $538,000 $878,000 $1,005,000 $958,000 $51,000 $0 $0 $0 $5,654,00( 2013 Subtotal $1,618,000 $866,000 $688,000 $895,000 $1,105,000 $1,173,500 $79,000 $20,000 $0 $636,000 $7,080,500, G:\Administrabon \Budget\2010\PW 2010 Budget\CIP 2010\091112L2010 FINAL CIP Table 2.rds • • Table 2 Capital Improvement Program (2010 - 2024) December 2, 2009 Special Protect Assessments Reo S tree t MSA Storm u Drainage Sanitary U tility U _al Project Projects Other To Be To . dary Sewer Water Street Light Capital t Utility Fund Funding Sources Determined Cost 2014 Central Park Tennis Courts Resurfacing $0 $0 $0 $0 $0 $0 $0 $75,00 $0 $0 20 $75,00 ' Capital Maintenance Budding Program 14 $0 $0 $0 $0 $62,00 0 $96,0 $0 $0 $0 $92,000 $250,0 Storm Water Pond 50-01 Rehab $0 $0 $0 $69,000 $0 $0 $0 $0 $0 $0 $69,00 Willow Lane Trail Reconstruction $0 $0 $0 $0 $0 $0 $0 $40,00 $0 $0 $40,0 Wangstad Park Neighborhood Reconstructior $1,515,00 $1,002,000 $397,00 $965,000 $1,075,00 $1,005,000 $52,000 $0 $0 $0 $6,011,00 2014 Subtotal $1,515,00 $1,02,000 $397,000 $1,034,00 $1,137,00 $1,101,000 $52,00 $115,00 $0 $92,00 $6,445,000 2015 Baseball Fence Replacement $0 $0 $0 $0 $0 $0 $0 $35,00 $0 $0 $35,00C Freeway Park Tract Replacement $0 $0 $0 $0 $0 $0 $0 $28,000 $0 $0 $28,OOC Water Tower No. 3 Painting $0 $0 $0 $0 $0 $410,00 $0 $O $0 $0 $410,OOC Capital Maintenance Budding Program 2015 $0 $0 $0 $0 $3,50 $139,00 $0 $0 $0 $337,00 $479,500 Lions Park Trail Replacement $0 $0 $0 $0 $0 $0 $0 $57,00 $0 $0 $57,OOC 63rd Avenue North Reconstruction $286,00 $0 $2,09,00 $0 $112,00 $90,00 $53,00 $0 $0 $0 $2,550,00 Freeway Park Neighborhood Reonstructior $1,085,00 $1,040,00 $0 $937,00 $880,00 $820,00 $45,000 $0 $0 $0 $4,807,00C 2015 Subtotal $1,371,00 $1,040,00 $2,09,000 $937,00 $995,500 $1,459,00 $98,000 $120,00 $0 $337,00 $8,366,500 2016 11 Evergreen Park Trail Replacement $0 $0 $0 $0 $0 $0 $0 $50,00 $0 $0 $50,0 Brooklyn Blvd City Entrance Signs $0 $0 $0 $0 $0 $0 $0 $12,00 $0 $0 $12,0 Capital Maintenance Budding Program 2016 $0 $0 $0 $0 $124,50 $19,50 $0 $0 $0 $154,50 $298,5 Storm Water Pond 12-04 Rehab $0 $0 $0 $67,00 $0 $0 $0 $0 $0 $0 $67,00 69th Ave Greenway & Cahlander Park Fence Rehab $0 $0 $0 $0 $0 $0 $0 $65,00 $0 $0 $65,O Water Tower No. 1 Painting $0 $0 $0 $0 $0 $360,00 $0 $0 $0 $0 $360, Freeway Blvd West Reconstruction $235,000 $0 $215,000 $0 $0 $0 $0 $0 $0 $0 $450,0 Palmer Lake West Neighborhood Reconstruction $975,00 $660,00 $0 $1,200,000 $813,000 $753,000 $50,00 $0 $0 $0 $4,451,0 2016 Subtotal $1,210,000 $660,000 $215,00 $1,267,00 $937,50 $1,132,500 $50,00 $127,00 $0 $154,500 $5,753,500 2017 West River Rd Trail Replacement $0 $0 $0 $0 $0 ' $0 $0 $115,000 $0 I $0 $115,00 so Evergreen �tructor $1,527,0 0 $700,00 $1,195000 I $1,50000 $710,00 $1305000 I $65,OD0 0 $0 I $294,0 $0 $7,002,000; 2017 Subtotal $1,527,00 $70,000 $1,195,00 $1,500,000 $710,00 $1,330,000 $65,00 $115,00 $0 $294,000 $7,436,000 2018 Central Park East Trail ReplacementI $0 $0 $0 I $0 $0 I $0 ( $0 I $98,000 $0 $0 $98,OOC Capital Maintenance Budding Program 2018 $0 $0 $0 $0 $23,000 $54,000 $0 $0 $0 $438,00 $515,00 Firehouse Park Neighborhood Reconstructor 1 $1,903,000 $1,050,000 $405,000 $2,116,000 $827,00 $735,00 I $70,00 $O $0 $0 $7,106,00 2018 Subtotal $1,903,000 $1,050,000 $405,00 $2,116,00 $850,000 $789,00 $70,00 $98,00 $0 $438,000 $7,719,0001 2019 Park Playground Equip Replacement $0 $0 $0 1 $0 $0 $0 1 $0 $203,000 $0 $0 $203,000 Cap a Neighborhood Renstructior 019 $1,120000 $1,025,0 0 $0 I $1,670000 $1,0911,0 0 Inte o o I $1,020,000 $4800 $0 I $0 $54U 5 $0 $5973,011 2019 Subtotal $1,120,00 $1,025,000 $0 $1,670,000 $1,093,00 $1,033,000 $48,000 $203,00 $0 $540,500 $6,732,50C 2020 Park Playground Equip Replacement I $0 $0 $0 $0 I $0 $0 $0 $207,00 I $0 $0 $207,00 Capital Maintenance Building Program 2020 $0 1 $0 $0 $0 $7,000 $47,500 $0 $0 $0 $935,500 $990,00 Logan /Lilac/59th Avenue Reconstruction I $450,000 I $0 $1,075,00 $0 $46,00 $150,00 $20,000 $0 $0 $0 $1,741,00 o 0 Grandview NeighborhoodRenstructior $2,070,0 $950,00 $305,000 $1,465,000 $1,175,000 _ $1,10,00 $84,000 $0 i $0 $0 $7,149,00 2020 Subtotal $2,520,00 $950,000 $1,380,00 $1,465,000 $1,228,000 $1,297,50 $104,00 $207,000 $0 $935,500 $10,087,000, G:%Administration\Budget\2010\PW 2010 Budget%CIP 2010\091112_2010 FINAL CIP Table 2.xls Table 2 Capital Improvement Program (2010 - 2024) December 2, 2009 Project Assessments Re „ .. .._., MSA m a r at .. _ .., er Street Light Capital Projects Other To Be Total P roject _. Street MSA Storm Drainage Sanitary Sewer Water P const. Fund Fund Utility Utility Utility Utility Fund Funding Sources Determined Cost 2021 Park Playground Equip Replacement I $0 $0 $0 $0 $437 I $0 $0 $0 $211,000 I $0 $0 $211,001 Capital Maintenance Budding Program 2021 1 $0 $0 I $0 I $0 I $3,500 I $0 $0 I $0 I $0 I $107,500 I $111,OOC Ryan Lake Industrial Park 1 $335,000 I $165,000 $0 ,000 I $211,000 $541,000 $32,000 I $0 + $0 $0 $1,721,000 2021 Subtotal $335,000 $165,000 $0 $437,000 $214,500 $541,000 $32,000 $211,000 $0 $107,500 $2,043,000 2022 Palmer Lake Trail Mill and Overlay I $0 I SO $0 $0 $0 $0 I $0 $160,000 1 $0 $0 $180,000 Capital Maintenance Building Program 2022 $0 $0 $0 $0 $4,000 $42,500 $0 $0 $0 $412,000 $458,500 Northwest Area Neighborhood Mill & Overtat I $125,000 + $215,000 $0 $35,000 $25,000 $25,000 1 $0 $0 I $0 $0 $425,000 1 2022 Subtotal $125,000 $215,000 $0 $35,000 $29,000 $67,500 $0 $180,000 $0 $412,000 $1,063,500 2023 Capital Maintenance Building Program 2023 $0 $0 1 $0 $0 $4,500 $8,500 $0 $0 1 $0 $624,000 $637,000 51 at Avenue Reconstruction $74,000 $137,300 1 $0 $25,000 $30,000 $30,000 $353 $7,500 60 I $0 $0 $303,600 53rd Avenue Reconstruction Area ,300 $408,000 1 $401,000 $143,200 $145,000 $155,000 $40,200 $0 $0 $0 $1,645,700 Lyndale Avenue Reconstruction Aral $100,100 $185,900 1 $0 $30,000 $30,000 $25,000 $11,000 I $0 ' $0 $0 $382,000 2023 Subtotal $527,400 $731,200 $401,000 $198,200 $209,500 $218,500 $58,700 $0 $0 $624,000 $2,968,500 �n 2024 Woodbine Neighborhood Reconstruction $523,418 $785,127 $110,530 $63,970 $585,910 $901,030 $50,000 $0 $0 $0 $3,019,98° Humboldt Avenue North Reconstruction $91,374 $0 $137,061 $21,100 $127,530 $65,100 $10,000 $0 $0 $0 $452,16 Freeway Boulevard Street Mill & Overlay $43,000 $59,390 $0 $5,110 $0 $0 $0 $0 $0 $0 $107,50C Earl Brown/Opportunity Area Street Light Replacement $0 $0 $0 $0 $0 $0 $75,000 $0 $0 $0 $75,000 Capital Maintenance Building Program 202 $0 $0 $0 $0 $31,600 $27,000 $0 $0 $0 $239,500 $298,100 2024 Subtotal $657,792 $844,517 $247,591 $90,180 $745,040 $993,130 $135,000 $0 $0 $239,500 $3,952,75C r TOTALS $18,236,192 $12,645,717 $8,997,591 $15,866,180 $12,098,940 $14,745,830 $981,700 $2,372,000 $5,560,000 $5,767,000 $97,271,150 G:Wdministration\Budget12010\PW 2010 Budget\CIP 2010 \091112 2010 FINAL CIP Table 2.)ds EYHIBIT -A • PROJECT DESCRIPTIONS 2010 — 2024 Capital Improvement Program City of Brooklyn Center Street and Utility Improvement Projects Dupont Avenue Neighborhood Improvements Twin Lake North Improvements Vincent Neighborhood Improvements Logan Neighborhood Improvements Shingle Creek Parkway Street Improvements Unity Avenue Improvements East Palmer Lake Neighborhood Improvements Humboldt Avenue South Improvements Kylawn Park Neighborhood Improvements Wangstad Park Neighborhood Improvements 63r Avenue Improvements Freeway Park Neighborhood Improvements Freeway Boulevard West Improvements Palmer Lake West Improvements Evergreen Park Neighborhood Improvements Firehouse Park Neighborhood Improvements Interstate Neighborhood Improvements Logan, 59 and Lilac Drive Improvements Grandview Park Neighborhood Improvements Ryan Lake Industrial Park Improvements Northwest Area Neighborhood Mill and Overlay 51S Avenue North Improvements 53r Avenue Neighborhood Improvements Lyndale Avenue Neighborhood Improvements Woodbine Neighborhood Improvements Humboldt Avenue North Improvements Freeway Blvd West Improvements Miscellaneous Water Main and Sanitary Sewer Improvements Water Tower No. 1 Painting Water Tower No. 2 Painting Water Tower No. 3 Painting Street Light Improvements Earl Brown and Opportunity Area Street Light Replacement • Project Summary Page 19 2010 -2024 Capital Improvement Program - -- - EXHIBIT -A - - -- - - -- - - -- -- - -- • Capital Maintenance Building Plan Yearly Capital Maintenance Building Plan Projects Storm Water Improvements Wetland 639W Storm Water Pond 12 -002 Storm Water Pond 12 -003 Storm Water Pond 12 -004 Storm Water Pond 12 -005 Storm Water Pond 18 -001 Storm Water Pond 46 -001 Storm Water Pond 50 -001 Storm Water Pond 60 -001 Park and Trail Improvements Arboretum Park South Parking Lot Reconstruction Willow Lane Park Open Picnic Shelter & Park Improvements Firehouse Park Trail Improvements Kylawn Park Trail Improvements • West Palmer Park Improvements Evergreen Park Fence and Tennis Court Reconstruction Evergreen Athletic Field Lighting Replacement Northport Park Building Baseball Backstop Replacements Central Park Tennis Court Resurfacing Willow Lane Park Trail Improvements Baseball Fence Replacement Freeway Park Trail Improvements Lions Park Trail Improvements Evergreen Park Trail Improvements Brooklyn Boulevard City Entrance Signs 69 Avenue Greenway & Cahlander Park Fence Rehabilitation West River Road Trail Improvements Central Park East Trail Improvements Play Ground Equipment Replacement Palmer Lake Trail Mill and Overlay Project Summary P age 110 2010 -2024 Capital Improvement Program EXHIBIT A • Dupont Avenue Neighborhood Improvements The Dupont Avenue Neighborhood project area extends from 73 Avenue to 57 `' Avenue. The total project length is 10,007 feet. The neighborhood consists of pot approximately 140 residential properties and the Brooklyn Center High School a property and one city parcel. Streets The entire length of the project area is designated as a Minnesota State Aid Route. The majority of the streets in the project area were originally constructed between 1963 and 1968. The existing street between 57 Avenue and 67 Avenue is 42 feet wide with concrete curb and gutter. The existing street between 67 Avenue and 73 Avenue are 30 feet wide with no curb and gutter. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation and replacement of curb and gutter where necessary to improve drainage, replacement of the concrete sidewalk where necessary and ■ ®� replacement of bituminous street pavement. Water main The existing water main in the south portion of the project area is 6 -inch diameter cast iron pipe installed in 1968 and 1969. Dupont Avenue between Interstate 94 and 69' Avenue contains a 30 -inch steel water main installed in 1963. The water main = between 69 Avenue and 73 Avenue consists of 6 -inch and 12 -inch cast iron pipe E installed in 1961 and 1962. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been • thoroughly documented at this time. However, there is a history of water main breaks along Dupont Avenue between 69 and 73rd. The current project estimate ip =al includes complete water main replacement between 69 Avenue and 73 Avenue. No water main replacement is anticipated in the remaining areas. Sanitary Sewer The sanitary sewer in the project area consists of 8 -inch diameter vitrified clay pipe (VCP) installed in 1960, 1961 and 1967. Approximately 25 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current project cost estimate includes 100 percent sanitary sewer replacement between 60 and 65" Avenues and between 67 and 73 Avenues. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the existing trunk storm sewer lines flowing to the Mississippi River. These trunk storm lines area located on 70 Avenue, 65 Avenue, 59 Avenue and 57 Avenue. The current project cost estimate includes storm sewer replacement between 60 and 61" Avenues and between 67 and 73 Avenues. The cost estimate also includes the replacement of most of the catch basins and approximately 700 feet of smaller diameter lateral storm pipe in the remaining areas. Project Summary Page 111 2010 -2024 Capital Improvement Program EXHIBIT A Twin Lake North Improvements The north portion of the Twin Lake North project area extends from County Road 10 to 55 Ave, and from Admiral Lane to Brooklyn Blvd. The south portion of the project area extends from 53r Ave. to 50` Ave., and from East Twin Lake Blvd to Highway 100. The total project length is 15,745 feet. The neighborhood consists of approximately 209 residential properties (RI and R4) and 4 commercial properties (Cl). s Streets 51' Avenue east of Brooklyn Blvd is a designated Municipal State Aid Route. The majority of the streets in the project area were originally constructed in 1965 and 1967. Existing streets are generally 30 feet wide with no curb and gutter. The service road along Brooklyn Boulevard is currently 25 feet wide. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. 'Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main in the north portion of the project area is 6 -inch diameter cast iron pipe installed • in 1965. The south portion of the project area contains 6 -inch and 8 -inch diameter cast iron pipe installed in 1966 and 1967. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. However, there is a history of water main breaks along East Twin Lake Blvd. and Great View Avenue. The current project estimate assumes complete replacement of the water main within the project area. Sanitary Sewer The sanitary sewer in the north portion of the project area consists of 8 -inch diameter vitrified clay pipe (VCP) installed in 1956 and 1958. The south portion of the project area contains 8 -inch diameter VCP installed in 1958 and 1960. Approximately 75 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Further investigation of the sewer line within Brooklyn Boulevard is necessary to determine if cured -in- place pipe rehabilitation is necessary or warranted. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the regional storm water treatment facility in Centerbrook Golf Course. Runoff from the portion of the project area south of 53r Avenue and West of France Avenue is conveyed to Twin Lake. A portion of the existing storm sewer system within the project area could be salvaged, although it is anticipated that expansion of the system and higher capacity will be needed to minimize local flooding. The current project cost estimate assumes complete replacement of the storm sewer system as part of the scheduled neighborhood improvements. The current cost estimate includes an in -line treatment device to remove sediment prior to discharging runoff into Twin Lake. Project Summary Page 112 2010 -2024 Capital Improvement Program EXHIBIT A Vincent Neighborhood Improvements The Vincent Neighborhood project area extends from the j Centerbrook Golf Course to 53r Avenue and from Highway u D R 100 to Vincent Avenue. The total project length is 1,616 feet. The neighborhood consists of approximately 15 residential 53 RI) V properties. € r Streets The majority of the streets in the project area were originally constructed in 1956. Existing streets are generally 30 feet wide with no curb and gutter. The street pavement is — i — deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main in the project area consists of 6 -inch diameter cast iron pipe installed in 1973 and 12 -inch and 16 -inch diameter steel water main installed in 1965. A majority of the existing water main is believed to have a cement based internal liner. Water records indicate one main break has occurred within the neighborhood. The current project estimate includes replacement of the 6 -inch diameter cast iron water main within the project area. Sanitary Sewer . The sanitary sewer in the project area consists of 9 -inch diameter vitrified clay pipe (VCP) installed in 1954. The sanitary sewer in the project area extends along back property lines north of 53 Avenue then runs south along Vincent Avenue. The entire sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. The current project estimate includes replacement of the sanitary sewer along Vincent Avenue and cured -in- place rehabilitation of the sanitary sewer along the rear yards. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system south of 53 Avenue. The current project cost estimate assumes installation of new storm sewer in the neighborhood due to the need to increased capacity of local storm sewers and address minor local flooding issues. Project Summary Page 113 2010 -2024 Capital Improvement Program EXHIBIT A • Logan Neighborhood Improvements The Logan Neighborhood project area extends from Logan Avenue to 71 An N Humboldt Avenue and from 73r Avenue to 69 Avenue. The project area includes a total of approximately 12,321 feet of local streets. The ir neighborhood consists of approximately 210 single family residential properties (RI) and 1 multi - family residential property (RS). Streets Y The majority of the streets in the project area were originally constructed i in 1962 through 1969. Existing streets are generally 30 feet wide with no curb and gutter. Poor surface drainage and low stability subgrade material has resulted in deteriorated pavement throughout the neighborhood. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. I L4 N Water main — Existing water main in the Logan Neighborhood area consists of 6 -inch 69TH A%F „ — and 10 -inch diameter cast iron pipe installed between 1960 and 1969. Higher corrosion rates have been noted within a majority of the project area. Water records indicate thirteen main breaks have occurred within the area. Several isolation valves have also failed within the project area. Complete water main replacement within the project area is scheduled. Sanitary Sewer • Existing sanitary sewer within the neighborhood consists of 8 -inch and 10 -inch diameter vitrified clay pipe originally installed in 1960 and 1965. A short segment of sanitary sewer along Irving Avenue was installed in 1978. Approximately 30 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. A televising inspection is necessary to determine the extent of sanitary sewer replacement is justified. The current project cost estimate includes the replacement of 50 percent of the sanitary sewer pipes and access structures within the neighborhood. The cost estimate also includes cured -in -place pipe rehabilitation for the 10 -inch diameter sanitary sewer extending along 71' Avenue from Logan Avenue to Humboldt Avenue. The actual cost may need to be adjusted upon completion of a condition survey. Storm Sewer The existing storm sewer in the project area ranges in size from 18 -inch to 33 -inch diameter reinforced concrete pipe. The project area contains one trunk storm line running through an easement from 73 Avenue to 71' Avenue, then flowing east to Humboldt Avenue. The current project cost estimate assumes that an expansion and replacement of a vast majority of the storm sewer system will be necessary as part of the scheduled neighborhood improvements. The current estimate does not include replacement of the trunk storm sewer noted above. Project Summary Page 114 2010 -2024 Capital Improvement Program EXHIBIT A Shingle Creek Parkway Street Improvements • Shingle Creek Parkway extends from the __ -- - _ ' Shingle Creek bridge on the west and Freeway Blvd on the south. The project = _ area contains a total of 3,993 linear feet of local streets. - A., — - - Streets ! . This segment of roadway is designated as a Municipal State Aid Route. Shingle Creek _ — Pkwy was most recently reconstructed in _ 1995. Existing streets are generally 70 feet wide with concrete curb and gutter and raised concrete medians. The street pavement exhibits a moderate rate of - deterioration due to higher volumes of traffic. The current cost estimate assumes street improvements that consist of approximately 25 percent curb replacement, 10 percent sidewalk replacement, and a 4 -inch mill and overlay of the bituminous pavement. Water main The existing water main in the Shingle Creek Pkwy project area consists of 10 -inch diameter cast iron pipe (CIP) installed between 1970 and 1972. Records indicate that there have been three water main breaks in the area between 1979 and 1990. The water main is in good condition based on current • maintenance records. Water main repairs should be limited to the replacement of miscellaneous valves and hydrants based on current conditions. Sanitary Sewer The existing sanitary sewer along Shingle Creek Pkwy consists of 8 -inch and 10 -inch diameter poly vinyl chloride (PVC) pipe installed between 1970 and 1972. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project cost estimate includes no sanitary sewer replacement. Storm Sewer The northwest portion of the Shingle Creek project area consists of 12 -inch to 60 -inch diameter reinforced concrete pipe (RCP) that drain to Shingle Creek. This storm sewer was installed in 1972 and 1979. The southeast portion of the Shingle Creek project area consists of 12 -inch to 54 -inch diameter RCP that drains to the Mississippi River. This storm sewer was installed between 1970 and 1984. The condition of the storm sewer within the neighborhood is rated as good. The current project cost estimate includes replacing storm structure castings and isolated portions of lateral storm sewer as necessary. • Project Summary Page 115 2010 -2024 Capital Improvement Program EXHIBIT A • Unity Avenue Improvements The Unity Avenue project area extends from the north city limits to 69"' Avenue. The total project length is 2,786 feet. The neighborhood �- consists of approximately 100 residential properties (R3). 0 Streets The Unity Avenue was originally constructed in 1978. The existing street is 30 feet wide with concrete curb and gutter. The overall pavement condition rating is fair. Private streets adjacent to Unity Avenue, such as 71', 72n and 73r Circle, are not included as part of the project. Proposed street improvements consist of the reconstruction of the of bituminous street pavement and replacement of concrete curb as necessary based on the extent of water main replacement on the west side of Unity Avenue. Water main The existing water main in the project area is 8 -inch and 10 -inch diameter ductile iron pipe installed in 1977 and 1978. The corrosion rate within the project area has not been thoroughly documented at this time. The Public Utility Division will excavate and inspect various ti i ti fittings to determine the extent of water main replacement that is warranted. Water records indicate that two main breaks have occurred within the neighborhood. Elevated corrosion rates have been documented within this segment of watermain. The current project • estimate includes replacement of water main along Unity Avenue. Sanitary Sewer The sanitary sewer in the north portion of the project area consists of 8 -inch and 10 -inch diameter poly vinyl chloride (PVC) pipe installed in 1977. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project estimate includes replacement sanitary sewer castings only. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the storm water ponds surrounding Unity Avenue. The existing storm sewer in the project area consists of 15 -inch to 24 -inch diameter reinforced concrete pipe installed in 1978. The current project cost estimate includes replacing storm structure castings and isolated portions of lateral storm sewer as necessary. Project Summary Page 116 2010 -2024 Capital Improvement Program EXHIBIT A • East Palmer Lake Neighborhood Improvements The East Palmer Lake Neighborhood project area extends from Penn AVE " Avenue to Morgan Avenue and from 69th Avenue to 73` Avenue. The project area includes a total of approximately 10,460 feet of local streets. The neighborhood consists of approximately 169 single family residential properties. Streets The majority of the streets in the project area were originally constructed between 1962 and 1969. Existing streets are generally 30 feet wide with no - curb and gutter. Poor surface drainage and low stability subgrade material - has resulted in deteriorated pavement, throughout the neighborhood. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main k Existing water main in the East Palmer Lake Neighborhood area consists of 6 -inch diameter cast iron pipe installed between 1960 and 1969. Water F .W w CC records indicate that no water main breaks have occurred within the project area. The Public Utility Division will excavate and inspect various fittings to determine the extent of water main replacement that is warranted. The replacement of approximately 50 percent of the water main within the project area is currently included in the project cost estimate to facilitate replacement of • sanitary sewer as noted below. Sanitary Sewer Existing sanitary sewer within the neighborhood consists of 8 -inch and 10 -inch diameter vitrified clay pipe originally installed in 1960 and 1965. Approximately 30 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. A televising inspection is necessary to determine the extent of sanitary sewer replacement is justified. An estimated 50 percent of the sewer system is in poor condition. The current project cost estimate assumes replacement of 50 percent of the sanitary sewer pipes and access structures. The actual cost may be reduced upon completion of a condition survey. Storm Sewer The existing storm sewer ranges in size from 15 -inch to 21 -inch diameter reinforced concrete pipe. The project area contains three small storm sewer lines that run to Palmer Lake. Much of the small diameter storm sewer must be reconfigured to reduce local flooding and preserve street pavement. The current cost estimate assumes replacement of all storm sewer in the project area. • Project Summary Page 117 2010 -2024 Capital Improvement Program EXHIBIT A . Humboldt Avenue South Improvements The Humboldt Avenue South project area extends from 53 Avenue to 57 Avenue. The total project length is approximately 2,660 linear feet. The S ,, AW M neighborhood consists of approximately 56 residential properties. Streets This segment of roadway is a Hennepin County Roadway. Humboldt _ _ - Avenue was originally constructed between 1966 and 1969. Existing streets are generally 36 feet wide with no curb and gutter. The street pavement is deteriorated due to the age of the pavement and inadequate drainage. This project is included in the City's CIP due to a potential cost sharing agreement for the street and drainage improvements and funding for water main and sanitary sewer improvements as described below. "" A " — Water main The existing water main in the Humboldt Avenue South project area consists of 6 -inch diameter cast iron pipe (CIP) installed in 1966. A condition survey — must be conducted for the existing water system in the project area to determine the extent of corrosion. The water main is in fair condition based _ on current maintenance records. The current project cost estimate assumes = - that water main will be replaced between 53r and 55 Avenues to coincide = with sanitary sewer replacement. _ SM A1E M Sanitary Sewer . The existing sanitary sewer consists of 8 -inch diameter vitrified clay tripe lateral sewers. These sewers were originally installed in 1952. Sanitary sewer between 53r and 55 Avenues is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The current project cost estimate includes replacement of sanitary sewer between 53r and 55 Avenues. Storm Sewer The storm sewer on Humboldt Avenue consists of 18 -inch diameter corrugated metal pipe that drains to a trunk line along 55 Avenue. This storm sewer was installed in 1952. The current project cost estimate includes. replacing 100 percent of the storm sewer. The cost estimate assumes that Brooklyn Center may contribute to a portion of the sform drainage cost for the project. Project Summary Page 118 2010 -2024 Capital Improvement Program EXHIBIT A' • Kylawn Park Neighborhood Improvements The north portion of the Kylawn Park x I i I u 4 ,� --� Neighborhood project area extends from County Road 10 to 61' Ave, and from June Ave to f Brooklyn Blvd. The south portion of the project area includes 58` Place and Major Ave. The total project length is 15,311 feet. The neighborhood consists of approximately 279 residential properties (RI and R4) and 1 commercial property �® (Cl). S Streets n June Avenue from County Road 10 to 61' Avenue is designated as a Municipal State Aid Route. The - majority of the streets in the project area were originally constructed in 1965 and 1968. Existing - streets are generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main on June Avenue is 8 -inch diameter cast iron pipe installed in 1955. The • remaining project area consists of 6 -inch cast iron pipe installed between 1963 and 1966. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. Water records indicate that three main breaks have occurred within the neighborhood. In general, cast iron water main is highly vulnerable to leaks and breaks when disturbed by replacement of adjacent sanitary sewer as noted below. The current project estimate includes complete replacement of water main within the project area to facilitate the replacement of sanitary sewer as noted below. Sanitary Sewer The sanitary sewer along Major Avenue consists for 8 -inch diameter vitrified clay pipe (VCP) installed in 1967. The remaining project area contains 8 -inch and 10 -inch diameter vitrified clay pipe installed between 1956 and 1959. Approximately 90 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as P P poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the P project. Storm Sewer The storm water runoff from the southeast portion of the project area is collected in the existing storm sewer system and conveyed to the regional storm water treatment facility in Centerbrook Golf Course. Runoff from the southwest portion of the project area is conveyed to the Northport Park storm water pond. Expansion of the storm system and increased conveyance capacity is needed to minimize local flooding. The current project cost estimate assumes complete replacement of the storm sewer system as part of the neighborhood improvements. Project Summary P a g e 1 19 2010 -2024 Capital Improvement Program EXHIBIT A • Wangstad Park Neighborhood Improvements The Wangstad Park Neighborhood extends from ; ; `, ', --"-`' r Noble Ave. to Brooklyn Blvd and from 63 d Ave. I r f - t � �` 1 1 j - ; • � ��, to 61�` Ave. The total project length is 15,884 feet. i t — � � •� ''; �- �T The neighborhood consists of approximately 257_ a � residential properties 1 and R4 and 6 :�'�� \' commercial properties (Cl). +' it ' `' -�_• \ Streets June Avenue from 61 d to 63r is a designated Municipal State Aid Route. The majority of the } r - -= j -'T� �- ;� streets in the project area were originally constructed between 1966 and 1968. Existing streets are generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. I � Water main The existing water main in the project area is 6 -inch and 8 -inch diameter cast iron pipe installed in 1955 and between 1960 and 1969. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. Water records indicate that three main breaks have occurred within the neighborhood. In general, cast iron water main is highly vulnerable to leaks and breaks when disturbed by replacement of adjacent • sanitary sewer as noted below. The current project estimate includes replacement of the water main within the project area to facilitate the replacement of sanitary sewer as noted below. Sanitary Sewer The sanitary sewer the project area consists of 8 -inch diameter vitrified clay pipe (VCP) installed between 1956 and 1960. Approximately 85 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer The Wangstad Park Neighborhood has only one short stretch of storm sewer on 61 �` Avenue. An expansion of the storm drainage system within the project area is necessary to reduce local flooding and preserve street pavement. The existing storm sewer in the project area flows from France Avenue. to Brooklyn Blvd. The pipe size and material are unknown. The cost estimate for this project area assumes new storm sewer installation in the entire project area. Project Summary Page 120 2010 -2024 Capital Improvement Program EXHIBIT A • 63 Avenue Improvements �! 114111 i 41 11 1V� .. � 5 55555115 1- The 63 Avenue project area extends from the west City Limits to Brooklyn Boulevard. The project area contains a total of 5,709 linear feet of local streets. The neighborhood consists of approximately 55 residential properties (RI to R4) and 1 commercial zoned property (C2). Streets This segment of roadway is designated a Municipal State Aid Route. 63 Avenue was originally constructed in 1965. The existing street is 43 feet wide with concrete curb and gutter. Proposed street improvements consist of the replacement of curb and gutter to improve drainage, full depth replacement of bituminous street pavement and complete sidewalk replacement. Water main The existing water main in the 63 Avenue project area consists of 6 -inch and 10 -inch diameter cast iron pipe (CIP) installed between 1956 and 1958. A condition survey must be conducted for the existing water system in the project area to determine the extent of corrosion. Water records indicate three main breaks have occurred within the project corridor. The water main is in fair condition based on current maintenance records. The current project cost estimate includes replacement of approximately 20 percent water main and miscellaneous hydrants as necessary in the project area. • Sanitary Sewer The existing sanitary sewer consists of 8 -inch diameter vitrified clay pipe lateral sewers. These sewers were originally installed between 1956 and 1960. Approximately 35 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current project cost estimate includes cast -in -place pipe (CIPP) in 35 percent of the sanitary sewer. Storm Sewer 63r Avenue contains two storm drainage systems. The first drainage system consists of 12 -inch and 15- inch diameter reinforced concrete pipe. This system flows to Orchard Avenue and then to the storm drainage pond in Cahlander Park. The second storm system ranges from 18 -inch to 36 -inch reinforced concrete pipe. This system drains to Brooklyn Boulevard and then to Shingle Creek. The current project cost estimate includes replacing a majority of catch basin structures, castings and various pipe laterals. • Project Summary P a g e 1 21 2010 -2024 Capital Improvement Program EXHIBIT A Freeway Park Neighborhood Improvements The Freeway Park Neighborhood project area extends from Grimes Ave to Xerxes Ave and from = 69 Ave to Interstate 94. The project area = �M �LL-1 . includes a total of approximately 12,869 feet of lAw , t w local streets. The neighborhood consists of approximately 216 residential properties. I " Streets I All The majority of the streets in the project area were = _M '= - J txrExsra?[ 9 _ + originally constructed between 1967 and 1968. F— - - = �� 1( _ Existing streets are generally 30 feet wide with no curb and tter. Poor surface drain and low stability s grade material has resulted in deteriorated gu a age ty gr pavement throughout the neighborhood. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main Existing water main in the Freeway Park Neighborhood consists of 6 -inch diameter cast iron pipe installed between 1956 and 1960. Existing water main along France Ave. consists of 16 -inch cast iron pipe installed in 1956. This water main is trunk feeder from Water Tower No. 1 on the corner of 69* Avenue. and France Avenue. Higher corrosion rates have been noted within a majority of the project area. Water records indicate thirteen main breaks have occurred within the area. The current cost estimate assumes 100 percent of the water main in the project area will be replaced. • Sanitary Sewer Existing sanitary sewer within the neighborhood consists of 8 -inch diameter vitrified clay pipe originally installed between 1956 and 1961. A sanitary sewer trunk line consisting of 21 -inch diameter corrugated metal pipe runs along Ewing Avenue, 68 Avenue. and Drew Avenue. A cured -in -place liner was installed along the 21 -inch diameter trunk sanitary sewer as part of project 1995 -11. This portion of the sanitary sewer collection system is not proposed to be replaced with the project. Approximately 50 percent of the remaining sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. At least 50 percent of the sewer system is in poor condition. Replacement of the 8 -inch diameter sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer The Freeway Park improvement area consists of five small diameter storm sewer lines draining to 69 Avenue and Interstate 94. The existing storm sewer ranges in size from 12 -inch to 21 -inch diameter reinforced concrete pipe. The current cost estimate assumes replacement of the storm sewer in the improvement area to increase conveyance capacity and minimize local flooding during larger storm events. • Project Summary Page 122 2010 -2024 Capital Improvement Program EXHIBIT A • Freeway Boulevard West Improvements The Freeway Blvd West project area extends from Mi- Xerxes Avenue. to the Shingle Creek Bridge. The project area contains a total of 2,826 linear feet O f V local streets. The neighborhood consists of approximately 9 commercial/industrial properties. K4 / 2 Streets This segment of roadway is designated as a Municipal "I State Aid Route. Freeway Blvd was originally constructed in 1974. The existing street is generally Tj - - L Ti . ., T" 45 feet wide with concrete curb and gutter. The street pavement exhibits a moderate rate of deteriorated due to higher volumes of traffic. The current cost estimate assumes street improvements that consist of approximately 15 percent curb replacement, 10 percent sidewalk replacement, 25 percent concrete apron replacement and a 2 Y2-inch mill and overlay of the bituminous pavement. Water main The existing water main in the Freeway Blvd West project area consists of 12-inch diameter cast iron pipe installed in 1974. The water main is in good condition based on current maintenance records. The current project cost estimate includes no water main replacement. Sanitary Sewer The existing sanitary sewer along the west half of the project area consists of 15-inch diameter reinforced concrete pipe installed in 1996. The existing sanitary sewer on the east half of the project area consists of 8-inch diameter vitrified clay pipe installed in 1974. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project cost estimate includes no sanitary sewer replacement. Storm Sewer The storm sewer on Freeway Blvd consists of 12-inch to 30-inch diameter reinforced concrete pipe that drains to Shingle Creek. This storm sewer was installed in 1974. The current project cost estimate includes replacing structure castings and isolated pipe laterals as necessary within the project area. • Project Summary Page 123 2010-2024 Capital Improvement Program EXHIBIT A • Palmer Lake West Improvements The Palmer Lake West Neighborhood project area extends from the north City limits to 69"` Ave. and from France Ave. to West Palmer Lake Dr. The total project length is 11,621 feet. The neighborhood consists of approximately 198 residential properties. = N Streets The majority of the streets in the project area were originally constructed in 1956 and 1957. Existing streets are generally 30 feet wide with no curb and 1 gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street =' subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main is 6 -inch diameter cast iron pipe installed in 1956 and 1957. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. However, the project area has a history of water main breaks along West Palmer Lake Dr., Ewing Ave. and Woodbine Lane. Water records indicate seven main breaks have occurred within the area. The current project estimate includes complete water main replacement. Sanitary Sewer • The sanitary sewer in the project area consists of 8 -inch diameter vitrified clay pipe (VCP) installed in 1956 and 1957. Lift Station No. 3 is located in the project area on West Palmer Lake Drive. The lift station was reconstructed in 1982, the force main was replaced in 1992, and the control cabinet was replaced in 2003. Approximately 75 percent of the sanitary sewer in the project area is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of _the project. Storm Sewer An expansion of the storm drainage system within the project area is necessary to reduce local flooding and preserve street pavement. A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to a regional storm water management pond adjacent to Palmer Lake. A trunk storm sewer line extends along back property lines north of Urban Ave. This line consists of 54 -inch diameter reinforced concrete pipe installed in 1956. Expansion of the existing storm sewer system and higher capacity will be needed to minimize local flooding. The current project cost estimate assumes reconstruction of the existing storm sewer system within the street right -of -way, but does not include the replacement of the 54 -inch diameter trunk storm sewer within the rear yards. Project Summary Page 124 2010 -2024 Capital Improvement Program EXHIBIT A • Evergreen Park Neighborhood Improvements The Evergreen Park Neighborhood project area extends ] �( from Humboldt Ave. to State Highway 252 and from 69 j Ave. to 73` Ave. Dupont Ave. is not included in the project area. The total project length is 16,996 feet. The neighborhood consists of approximately 214 residential properties (R1 to R5). Streets r 70' Avenue is designated as a Municipal State Aid Route. —I.�• The majority of the streets in the project area were ' originally constructed between 1963 and 1966. Existing _ streets are generally 30 feet wide with no curb and gutter. _ - - 70' Ave. from Dupont to Hwy 252 has concrete curb and gutter and ranges in size from 30 to 65 feet wide. 70 Ave. was constructed in 1982. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The Evergreen project area contains a complex water main system. This area contains five municipal wells and one water tower. The existing water main ranges in size from 6 -inch diameter cast iron pipe to 30 -inch ductile iron pipe. The main line water main in the residential areas generally consists of 6 -inch • cast iron pipe installed between 1961 and 1965. A majority of the existing water main is believed to have a cement based internal liner. There is a history of water main breaks along 72 Ave., Woodbine Lane and Camden Ave. Water records indicate twenty main breaks have occurred within the neighborhood. The project design process must include a detailed hydraulics study using the City's water distribution computer model to determine any warranted modifications to water main sizes and configuration. The current project estimate assumes replacement of the older cast iron water main. Sanitary Sewer The sanitary sewer in the project area consists of 8 -inch diameter vitrified clay pipe (VCP) installed in 1961 and 15 -inch reinforced concrete pipe installed in 1960. The south portion of the project area contains 8 -inch diameter VCP installed in the 1958 and 1960. Approximately 25 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current cost estimate includes 50 percent replacement of the sanitary sewer. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the Mississippi River. Emerson Ave., Bryant Ave. and Camden Ave. have storm drainage systems that flow to 70 Ave. and then to the Mississippi River. The trunk line on 70' Ave. consists of pipe ranging in size from 42 -inch to 66 -inch reinforced concrete pipe installed in 1960. The current project cost estimate assumes complete reconstruction of the existing storm system in the project area. The condition of the trunk storm sewer pipe along 70 Avenue must be evaluated to determine the remaining service life. The project estimate includes construction of a stormwater pond located to the north of 70 Avenue and east of Camden Avenue to treat regional storm water runoff prior to discharging • to the Mississippi River. Project Summary Page 125 2010 -2024 Capital Improvement Program EXHIBIT A • Firehouse Park Neighborhood Improvements The Firehouse Park Neighborhood project area extends from h ( I `�� I f 69` Avenue to Interstate 94 and from Humboldt Avenue to _ Highway 252. Dupont Avenue and 65 Avenue are not a= included in the project area. The total project length is rg 21,456 feet. The neighborhood consists of approximately 305 single family residential properties (RI) and 14 multi- family properties (R4 and R5). a Streets 67 Avenue is designated as a Municipal State Aid Route. The majority of the streets in the project area were originally constructed between 1964 and 1967. Existing streets are L generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main in the project area is 6 -inch and 8 -inch diameter cast iron pipe installed between 1961 and 1969. In 1974, a 16 -inch diameter ductile iron water main was installed along 60 Ave. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. The current project estimate includes replacement of approximately 50 percent of the water main within the project area. The estimated water main costs will need to be refined by conducting further field inspections. Sanitary Sewer The sanitary sewer in the north portion of the project area consists of 8 -inch diameter vitrified clay pipe (VCP) installed between 1961 and 1968 and between 1971 and1974. Approximately 25 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current project estimate includes replacement of approximately 50 percent of sanitary sewer pipes and access structures. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the trunk storm sewer line on 65` Avenue, and then to the Mississippi River. Runoff from the portion of the project area north of 68 Avenue is conveyed to the trunk storm sewer line on 69 Avenue. The current project cost assumes reconstruction and expansion of the residential storm sewer system, but does not include replacement of the trunk storm sewer along 65"' and 69 Avenues. Project Summary Page 126 2010 -2024 Capital Improvement Program EXHIBIT A • Interstate Neighborhood Improvements The Interstate Neighborhood project area extends from Interstate 94 to = :. wYFRs 59�' Avenue and from Dupont Avenue to Lyndale Avenue. The total 1 project length is 17,343 feet. The neighborhood consists of approximately 235 residential properties (RI). -. Streets The majority of the streets in the project area were originallyt constructed in 1968 and 1969. Existing streets are generally 30 feet wide with concrete curb and gutter. The street pavement is showing + . signs of distress throughout most of the neighborhood. Proposed street 1 improvements consist of the replacement of curb and gutter as necessary G and placement of bituminous street pavement. - ? Water main � The existing water main in the project area consists of 6 -inch and 8 -inch t� diameter cast iron pipe installed in 1969. Colfax Avenue contains a 24- inch steel water main installed in 1964. A majority of the existing water main is believed to have a cement based internal liner. There is no history of water main breaks in the project area. In 2019, the water main system will be in service for 50 to 55 years. Cast iron water main is highly vulnerable to leaks and breaks when disturbed by replacement of adjacent sanitary sewer. The current project estimate assumes complete replacement of the water main to facilitate the sanitary sewer replacement noted below. • Sanitary Sewer The sanitary sewer in the project area consists of 8 -inch diameter vitrified clay pipe (VCP) installed in 1960. Approximately 90 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the storm trunk line on 59 Avenue and then to the Mississippi River. Replacement of the trunk storm sewer along 59' Avenue and an in -line water quality treatment device is proposed as part of the Aldrich Neighborhood Street and Utility Improvement project. The current project cost estimate assumes complete reconstruction of the storm drainage system within the neighborhood due to the need to increased capacity of local storm sewers and the expansion of the system to address minor local flooding issues. Project Summary P a g e 127 2010 -2024 Capital Improvement Program EXHIBIT A • Logan, 59 and Lilac Drive Improvements This project area includes Logan Avenue from 57 Avenue to Lilac Drive N, 59 from Lilac �� •� y Drive N to Dupont Avenue and Lilac Dr. N s = from Logan Avenue to 59 Avenue. The total �— project length is 3,761 feet. The neighborhood consists of approximately 19 residential -- properties (RI to R5) and 5 commercial zoned properties (Cl and C2). Streets The entire project area is designated as a Municipal State Aid Route. The majority of the streets in the project area were originally constructed in 1966. The existing roads are 30 to 35 feet wide. Logan Avenue and Lilac Dr. N have concrete curb and gutter, and W Avenue has no curb. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main along Logan and Lilac Dr. is 10 -inch diameter cast iron pipe installed in 1965 and 16 -inch diameter cast iron main along 59 Avenue installed in 1969. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not • been thoroughly documented at this time. Utility records indicate that there has been one water main break along Logan Avenue. However, the Public Utilities Division will need to excavate and inspect various fittings to determine the extent of water main replacement that is warranted. The current project estimate includes replacement of water main along Logan Avenue and Lilac Drive only. Sanitary Sewer The only sanitary sewer in the project area runs along Logan Avenue. This sanitary sewer was lined with cured -in -place pipe (CIPP) in 2005. Manhole casting replacement is the only proposed sanitary sewer improvement for the project. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing trunk line along 59 Avenue. This line consists of 24" to 36" corrugated metal pipe. A second storm lines runs south along Logan Avenue to 57 Avenue. This line consists of 21 to 42 " RCP installed in 1988. The current project cost estimate assumes replacement of the corrugated metal pipe alone 59 h Avenue as part of the scheduled neighborhood improvements. Project Summary Page 128 2010 -2024 Capital Improvement Program EXHIBIT A • Grandview Park Neighborhood Improvements The Grandview Park Neighborhood project area extends Interstate 694 to 57 Avenue and from Logan Avenue to Dupont Avenue. The total ■� project length is 28,821 feet. The neighborhood consists of ` approximately 345 residential properties (RI) and 4 multi - family properties (R6). �f Streets M The majority of the streets in the project area were originally constructed between 1964 and 1969. Existing streets are generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. - Water main PEI The existing water main in the north portion of the project area is 6 -inch and 8 -inch diameter cast iron pipe installed between 1964 and 1969. A 16 -inch steel water main runs along Emerson Avenue from 57' to 59' A majority of the existing water main is believed to have a cement based internal liner. Water records indicate two main breaks have occurred within the neighborhood. The current project estimate includes replacement of approximately 50 to 75 percent of the water main within the project area. The 16 -inch steel water main along Emerson Avenue potently could be replaced with C900 plastic water main • Sanitary Sewer The sanitary sewer in the north portion of the project area consists of 8 -inch diameter vitrified clay pipe (VCP) installed in 1960 and 1963. Approximately 50 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair to poor. The current project estimate includes replacement of approximately 50 to 75 percent of the sanitary sewer system within the project area. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the trunk storm sewer line on 59'� Avenue and then to the Mississippi River. A portion of the existing storm sewer system within the project area could be salvaged, although it is anticipated that expansion of the system and additional conveyance capacity will be needed to minimize local flooding. The current project cost estimate includes replacement of 75 percent of the local drainage system within the neighborhood. a Project Summary Page 129 2010 -2024 Capital Improvement Program EXHIBIT A • Ryan Lake Industrial Park Improvements The Ryan Lake project area includes Lilac Drive N from p,� 48 Avenue to the dead end, 48` Avenue and Dusharm Drive from Drew Avenue to the dead end and 47 Avenue from Drew Avenue to the dead end. The total project length is 1,932 feet. The neighborhood consists AVE of approximately 12 industrial properties and 3 multi- I 4 ` family properties (RS). L 4 L L • IlTF/ AY[ N Streets + + The majority of the streets in the project area were originally constructed in 1958 and 1960. The western portion of 47' Avenue and Drew Avenue were reconstructed in 2002. The western portion of 48 Avenue was reconstructed in 2005. The remaining street sections are 25 to 40 feet wide with no curb and gutter. The street pavement is deteriorated and in poor condition. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main on Lilac Drive N and 48 Avenue consists of 10 -inch diameter cast iron pipe installed in 1958. The water main on 47 Avenue consists of 6 -inch cast iron pipe installed in 1960. The current project estimate assumes complete replacement of the water main in the project area. The cost estimate also includes the cost of jacking new water main under the railroad tracks from Dusharm Drive • to 49' Avenue. Sanitary Sewer The sanitary sewer in the project area consists of 8 -inch diameter vitrified clay pipe (VCP) installed in 1960. The sanitary sewer along 47 Avenue and 48 Avenue is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair to poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to Ryan Lake. Runoff from Lilac Drive is conveyed to storm drainage ditches along Highway 100. The current project cost estimate assumes reconstruction of all of the existing storm sewer system. The cost estimate also includes installation of a small storm water management pond at the intersection of 48 Avenue and Dusharm Drive within City owned property adjacent to Ryan Lake. • Project Summary P a g e 1 30 2010 -2024 Capital Improvement Program EXHIBIT A • 51" Avenue North Improvements The 51'` Avenue project area extends from 185 - - - -- — - _ - - feet south of Oak Street on Twin Lake Blvd E to ` - - -- France Avenue. The total project length is 1,171 feet. The neighborhood consists of approximately 25 residential properties. =74 ST �M '_ - .. � Streets The 51' Avenue project area was originally constructed in 1990. The existing street is 30 feet wide with concrete curb and gutter. After the ( srs= AVt N year 2023 the pavement will have exceeded the � expected service cycle. Proposed street improvements consist of reconstruction of the ` "4 = S -qTH Av£ �_ " _ - - — °° bituminous street pavement and replacement of Fi the concrete curb and gutter as necessary. Water Main The existing water main in the 51' Avenue project area consists of 8 -inch diameter ductile iron pipe installed in 1990. The water main is in good condition based on current maintenance records. Water main repairs should be limited to the replacement of miscellaneous valve and hydrants based on current conditions. Sanitary Sewer The sanitary sewer in the 51' Avenue project area consists of 8 -inch diameter poly vinyl chloride (PVC) pipe installed in 1990. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project estimate includes the replacement on sanitary sewer castings only. Storm Sewer The storm sewer runoff from the 51' Avenue project area is collected in the existing storm sewer system and conveyed to the storm water pond west of 50 Avenue. The existing storm sewer in the project area consists of 15 -inch to 21 -inch diameter reinforced concrete pipe installed in 1990. The current project cost estimate includes replacing the storm sewer structure castings and isolated portions of lateral storm sewer as necessary. • Project Summary P a g e 131 2010 -2024 Capital Improvement Program EXHIBIT A • 53 rd Avenue Neighborhood Improvements The 53r Avenue project area extends on 53 Avenue from Penn Avenue to 0' Street N. The project area also includes James and Knox between 55 Avenue and 53r Avenue, and 54 a - Avenue between Logan r i Avenue and Irving Avenue. g The project area includes a total of 9,426 feet of local streets. The neighborhood consists of approximately 100 residential properties. Streets 53r Avenue is designated as a Municipal State Aid Route. 53 Avenue is also the border between Brooklyn Center and Minneapolis. The north portion of 53 Avenue is maintained by Brooklyn Center and the south portion is maintained by Minneapolis. The existing streets in the project area are 30 to 32 feet wide with concrete curb and gutter. 53r Avenue was constructed in 1985, and Knox, James and 5e Avenues were constructed in 1994. Proposed street improvements consist of the reconstruction of the street subgrade, installation new of curb and gutter to improve drainage and placement of bituminous street pavement on 53r Avenue. Proposed improvements for the remaining areas consist of new street pavement and replacement of isolated sections of concrete curb and gutter as necessary. • Water Main The existing watermain on 53r Avenue is 6 -inch diameter cast iron pipe (CIP) installed between 1965 and 1969.. The existing watermain in the remainder of the project area is 6 -inch diameter ductile iron pipe (DIP) installed in 1994. The corrosion rate within the project area has not been thoroughly documented at this time. The current project estimate includes complete water main replacement on 53 Avenue. No water main replacement is anticipated in the remaining project area. The project cost estimate also includes an emergency connection with Minneapolis if formal inter - communication arrangements can be established for this connection. Brooklyn Center staff will need to contact the Minneapolis Water Utility to discuss this potential emergency connection. Sanitary Sewer The sanitary sewer on 53r Avenue consists of 8 -inch and 9 -inch diameter vitrified clay pipe (VCP) installed between 1952 and 1959. The sanitary sewer in the remainder of the project area consists of 10- inch diameter poly vinyl chloride (PVC) installed in 1994. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current project cost estimate includes sanitary sewer replacement on 53r Avenue. The remainder of the project area includes the replacement on sanitary sewer castings only. Storm Sewer The majority of the storm sewer runoff in the project area drains to the trunk storm sewer line on 55` Avenue and is conveyed to the Mississippi River. The storm sewer on 53r consists of 12 -inch diameter to 15 -inch diameter reinforce concrete pipe installed between 1952 and 1979. The storm sewer on the remainder of the project consists of 12 -inch diameter to 18 -inch diameter reinforced concrete pipe installed in 1994. The current project cost estimate includes replacement of 50 percent of the storm sewer laterals and structure on 53r Avenue. Replacement of storm sewer castings is anticipated in the • remainder of the project area. Project Summary P age 132 2010 -2024 Capital Improvement Program EXHIBIT A Lyndale Avenue Neighborhood Improvements The Lyndale Avenue project area extents from 57 Avenue to 55 Avenue and includes the 56 Avenue and 55 Avenue cul -de -sacs. The current project length is 1,905 feet. The neighborhood consists of 11 residential properties (R2 and R4). —i MISSSSIPPI RI`fER Streets The streets in the project area were constructed in ® E9 1985. The existing streets area 30 feet wide with E13 E3 concrete curb and gutter. Proposed improvements E include 20 percent curb replacement and installation 55Th AVE N of new street pavement. O k- 'k Water Main The existing water main in the project area consists of AD 6 -inch diameter ductile iron pipe (DIP) installed in 1978 and 1985. The water main is in good condition based on current maintenance records. The current project cost estimate includes replacement of ; miscellaneous valves and hydrants as necessary. Sanitary Sewer • The existing sanitary sewer consists of 24 -inch diameter reinforced concrete pipe installed in 1959. This sanitary sewer line is the main trunk line that carries the sanitary flow from the eastern third of Brooklyn Center to a lift station on Lyndale Avenue south of 55 Avenue. The condition of the sanitary sewer in the neighborhood is rated fair. The current project cost estimate includes replacement of sanitary services and replacement of sanitary sewer castings. Cured -in -place lining of the trunk sanitary sewer may be necessary based on future televising inspections. Storm Sewer A substantial portion of the southeast section of the city drains through the trunk storm sewer located along 55 Avenue. The existing trunk storm sewer line consists of 36 -inch diameter reinforced concrete pipe installed in 1952. The remainder of the project area consists of 12 -inch diameter to 18 -inch diameter reinforced pipe installed in 1955 and 1985. The current project cost estimate includes replacing the storm sewer structure castings and isolated portions of lateral storm sewer as necessary. • Project Summary Page 133 2010 -2024 Capital Improvement Program EXHIBIT A • Woodbine Neighborhood Improvements -------- - - - - The Woodbine Neighborhood project - - -- -- are Br o , a extends from Brooklyn Blvd t 3p, AT France Avenue and from the north City &7?ST limits to 71' Avenue. The project area contains a total of 15,525 linear feet of 72&D A,E local streets. The neighborhood consists PP Y of a roximatel 248 residential properties. ML r! - l1T' Streets Via. z Noble Avenue from Brooklyn Blvd to i the north City limits is a designate K w Municipal State Aid Route. The Woodbine Neighborhood was reconstructed in 1995. Noble Avenue is 40 feet wide with concrete curb and tter. The remaining streets are generally 30 feet wide with concrete curb and gutter. The current � Y � g g cost estimate assumes street improvements that consist of approximately 50 percent curb replacement, 10 percent sidewalk replacement, and full depth pavement replacement. Water main The existing water main in the Woodbine Neighborhood consists of 6 -inch and 8 -inch diameter cast iron pipe (CIP) installed between 1957 and 1959. Records indicate there have been 9 water main breaks in the neighborhood between 1975 and 2004. The current project cost estimate includes complete water main replacement. • P Sanitary Sewer Approximately 25 percent of the sanitary sewer in the project area was replaced with poly -vinyl chloride (PVC) when the neighborhood was reconstructed in 1995. The remaining sanitary sewer consists of 8- inch diameter vitrified clay pipe (VCP) installed in 1958 and 1959. The current project cost estimate includes replacement of the existing VCP sanitary sewer. Storm Sewer The storm sewer on Noble Avenue consists of 12 -inch and 15 -inch diameter reinforced concrete pipe (RCP) that drains to Shingle Creek. This storm sewer was installed in 1970. The remainder of the project area consists of 15 -inch to 33 -inch diameter RCP installed when the neighborhood was reconstructed in 1995. This storm sewer generally drains to Palmer Lake. The condition of the storm sewer within the neighborhood is rated as good. The current project cost estimate includes replacing storm structure castings and isolated portions of lateral storm sewer as necessary. i Project Summary P a g e 134 2010 -2024 Capital Improvement Program EXHIBIT A • Humboldt Avenue North Improvements The Humboldt Avenue North project area extends from 69 Avenue to F-1 J � ` the north City limits. The project area contains a total of 2,618 linear [ feet of local streets. The neighborhood consists of approximately 38 Z residential properties (RI), 3 R5 properties, and 2 commercial (C2) - properties. *O&)&VE u n Streets � �� I +� 1 This segment of roadway is designated as a Municipal State Aid Route. III This section of Humboldt Avenue was reconstructed in 1995. The existing street is generally 30 feet wide with concrete curb and gutter. The street pavement exhibits a moderate rate of deteriorated due to higher volumes of traffic. The current cost estimate assumes street improvements that consist of approximately 25 percent curb replacement, 10 percent sidewalk replacement, and full depth p avement 711111 AW J11 replacement. I ` I � `� , � I Water main The existing water main in the Humboldt Avenue North project area _ consists of 8 -inch diameter cast iron pipe installed in 1965 and 1967. ° " I� I� � � �� Based on current maintenance records, there is no history of water main breaks in this area. The current project cost estimate includes replacement of 25 percent of the water main and replacement of all hydrants and valve. • Sanitary Sewer When Humboldt Avenue project area was reconstructed in 1995, 25 percent of the sanitary sewer was replaced with 10 -inch diameter poly -vinyl chloride (PVC). The remaining sanitary sewer in the area consists of 8 -inch diameter vitrified clay pipe (VCP) installed between 1965 and 1967. The current project cost estimate includes replacement of the existing VCP sanitary sewer. Storm Sewer The existing storm sewer in Humboldt Avenue project area consist of 15 -inch to 36 -inch diameter reinforced concrete pipe (RCP) that drains to the Mississippi River. The storm sewer was installed between 1955 and 1961 and in 1995. When the project area was reconstructed in 1995, the existing storm sewer was left in place and additional storm sewer was added to the existing system. The current project cost estimate includes replacing structure castings and isolated pipe laterals as necessary within the project area. • Project Summary Page 135 2010 -2024 Capital Improvement Program EXHIBIT A • Freeway Blvd Improvements The Freeway Blvd project area extends from Shingle Creek Pkwy on the north and Xerxes Avenue on the east. The project area - - - - - contains a total of 1,073 linear feet of local streets. Streets P, This section of Freeway Blvd was originally constructed in 1981. 4 " The existing street is 32 feet wide with concrete curb and gutter. The street pavement exhibits a moderate rate of deteriorated. The !AW current cost estimate assumes street improvements that consist of „' approximately 30 percent curb replacement, 10 percent sidewalk replacement, and full depth pavement replacement. Water main There is no water main in the Freeway Blvd project area. a� Sanitary Sewer There is no sanitary sewer in the Freeway Blvd project area. Storm Sewer The storm sewer on Freeway Blvd consists of 12 -inch to 24 -inch diameter reinforced concrete pipe that drains to Shingle Creek. This storm sewer was installed in 1981. The current project cost estimate includes replacing structure castings and isolated pipe laterals as necessary within the project area. • Project Summary Page 136 2010 -2024 Capital Improvement Program EXHIBIT A Miscellaneous Water Main and Sanita ry P Sewer Improvements Water Tower No. 1 Painting The 500,000 gallon elevated storage tank located at 69 Avenue and France Avenue was last painted in 1999 with complete interior reconditioning and exterior spot repairs. The estimated service life for the paint coating is 15 years. The proposed paint coating improvements consist of interior spot repair and exterior coating replacement. Water Tower No. 2 Painting The one - million gallon elevated storage tank located at 69 Avenue and Dupont Avenue was last painted in 1997 when spot repairs were completed for the interior coating and the exterior of the structure was painted. The estimated service life for the paint coating is 15 years. The proposed paint coating improvements consist of complete replacement of the interior and exterior paint coatings. Water Tower No. 3 Painting The 1.5 million gallon elevated storage tank located within the Centerbrook Golf Course was last painted in 1998 with completed interior reconditioning and exterior spot repairs. Exterior spot repairs were also completed on the fluted column in 2005 as part of an exterior pressure washing project. The proposed paint coating improvements consist of interior spot repair and exterior coating replacement. • Street Light Improvements Earl Brown and Opportunity Area Street Light Replacement The 70 street lights in the Earl Brown area along a portion of Shingle Creek Parkway, Summit Drive, Earl Brown Drive and John Martin Drive were installed in 1986. The typical life expectance of this lighting system is approximately 30 years. The City has one remaining replacement pole and luminaire that matches the existing system, and matching luminaires are no longer available from suppliers. The existing system is generally rated in fair to poor shape with increasing maintenance costs. The proposed project includes total replacement of the existing decorative lighting system with a new, advanced system using current technology. Capital Maintenance Building Plan Yearly Capital Maintenance Building Plan Projects In 2007, the City approved an 18 -year Capital Building Maintenance Plan that includes short- and long -term building and facility improvements. The following buildings and facilities are covered under this plan: city hall, community center, public works facility, public works cold storage building, public works salt/sand storage building, police station, west fire station, east fire station, Centerbrook Golf Course club house, Centerbrook Golf Course maintenance building, Centerbrook Golf Course storage garage, sanitary lift station Nos. 1 and 2, municipal well Nos 2 -10, Evergreen Park building, Garden City Park building, Central Park west building, Central Park plaza, and • Central Park gazebo. Project Summary Page 137 2010 -2024 Capital Improvement Program EXHIBIT A . Storm Water Improvements Wetland 639W The Twin and Ryan Lakes Nutrient TAML Report and the 2003 Twin Lakes Management Plan identify DNR Wetland 639W as a significant source of phosphorus to the Twin Lakes/Ryan Lake system. These reports indicate that Wetland 639W contains high levels of phosphorous within the sediments that have accumulated from the upstream watershed. Water quality sampling conducted in 2003 indicated that the average total phosphorous concentrations double between the inlet and outlet of the wetland. Wetland 639W contributes an estimated 730 pounds of total phosphorous per year into Upper Twin Lake and nearly half of this is in readily available dissolved form. This load represents one of the largest sources of the total phosphorus to Upper Twin Lake. The purpose of this project is to substantially reduce the amount of phosphorous release from Wetland 639W by modifying the hydraulic characteristics and/or implementing active treatment methods. This large wetland complex is located adjacent to the Crystal Airport. Two main alternatives for achieving this have been proposed under the current feasibility study: 1.) partial diversion of flow around the wetland and 2.) dechannelization and increased storage within the wetland. This project would be implemented through a cooperative arrangement between the Shingle Creek Watershed Management Commission and the Cities of Brooklyn Center, Brooklyn Park, Crystal and New Hope. The estimated project cost included in the Capital Improvement Program consists of the estimated portion of the total project cost for Brooklyn Center. • Storm Water Management Basins In 2005, the City of Brooklyn Center hired the consulting firm of Bonestroo Rosene Anderlik & Associates to conduct a condition assessment of 30 storm water management ponds located throughout the City. The assessment process resulted in a list of improvements to address problems with shoreline erosion, sediment accumulation, inlet and outlet blockages and other miscellaneous maintenance issues. Below is a description of the projects that were not considered routine annual maintenance work normally addressed as part of the annual operating budget for the Storm Drainage Utility. Storm Water Pond 12 -002 Pond 12 -002 is located within the west central portion of the golf course. The basin receives runoff from approximately 400 acres within the southwest portion of the City. Pond deficiencies noted during the inspection include, shoreline erosion along the eastern portion of the pond; an erosion channel that has cut through the berm separating pond 12 -002 from pond 12 -003; and a large volume of accumulated sediments within the pond. Proposed improvements consist of repairing erosion areas and removal of a portion of the accumulated sediment. • Project Summary P a g e 138 2010 -2024 Capital Improvement Program EXHIBIT A • Storm Water Pond 12 -003 Pond 12 -002 is located within the west central portion of the golf course and includes a concrete headwall structure connecting Ponds 12 -002, 12 -003 and 12 -004. The basin receives runoff from approximately 400 acres within the southwest portion of the City, the same drainage area as 12 -002. Pond deficiencies noted during the inspection include shoreline erosion along the north and east sides of the pond. The concrete headwall structure is filling with sediment with an average of one foot of sediment in the trench and three feet of sediment near the weir outlet. Proposed improvements consist of repairing erosion areas, removal of sediment from the headwall trench and near the outlets of the headwall structure. Storm Water Pond 12 -004 Pond 12 -004 is located within the northern portion of the golf course. The basin receives runoff from the Brookdale Shopping Center. The pond has lost approximately 20 percent of the wet volume due to sediment accumulation over the first 8 years of operation. By the year 2016, the pond is expected to loose approximately 45 percent of the wet volume due to sediment accumulation. Proposed work consists of the removal of accumulated sediments to restore the water quality treatment function of the storm water pond. Storm Water Pond 12 -005 Pond 12 -005 receives runoff from the upstream ponds 12 -002 and 12 -004. The condition survey revealed that an excessive volume of sediment has accumulated in the pond and has decreased the wet storage volume necessary to provide water quality treatment. The proposed work consists of removing the accumulated sediment. • Storm Water Pond 18 -001 Pond 18 -001 is located northwest of Northport Park. The pond receives runoff from approximately 120 acres of upstream drainage area. This basin has filled with an extensive amount of sediment over the past 40 to 50 years. A majority of this basin is likely classified as jurisdictional wetland under the Wetland Conservation Act. However, the basin has lost many of the wetland values due to the accumulation of sediment. The proposed project consists of excavating sediment from the basin to restore the flow capacity through the wetland and restore a wet pool volume with an average depth of 2 to 3 feet in the central part of the wetland. Fringe areas would be restored with native wetland species. Storm Water Pond 46-001 Pond 46 -001 is located within the northern portion of Orchard Lane Park. The pond receives runoff from approximately 60 acres of residential development located west of Orchard Lane Park and approximately 50 acres located north of Interstate 94/694. The pond is was originally design as a detention basin without wet volume to provide additional water quality benefit. The proposed improvements consist of excavating wet storage volume below the invert of the outlet pipe to increase the water quality treatment performance of the basin. Storm Water Pond 50 -001 Pond 50 -001 is located within Cahlander Park. The pond receives runoff from approximately 230 acres of upstream residential development. Due to the large watershed to pond area ratio, this pond is subject to higher rates of sediment accumulation and potential erosion issues. Traces of hydrocarbon pollutants were noted in the sediment during the most recent site inspection. The proposed project consists of dredging and properly disposing of sediment from the pond and repairs • to various shoreline erosion issues. Project Summary P a g e 139 2010 -2024 Capital Improvement Program EXHIBIT A • Storm Water Pond 60 -001 Pond 60 -001 is located west of Xerxes Avenue and south of Brooklyn Drive within Central Park. The pond receives runoff from approximately 85 acres of upstream residential development. This pond was constructed in 2003. By 2013, preliminary estimates indicate that approximately 30 to 40 percent of the wet volume will be lost due to sediment accumulation. The proposed work consists of removal of sediment and installation of a skimmer structure to enhance the water quality treatment performance of the pond. Park and Trail Improvements Arboretum Park South Parking Lot Reconstruction Proposed construction includes replacement of the bituminous pavement within the south parking lot of Arboretum Park. Willow Lane Park Open Picnic Shelter & Park Improvements The former Willow Lane Park building was lost to a fire in 2004. Proposed construction activities include the installation of a small picnic shelter and installation of one security light. The picnic shelter structure would be similar in design to the open picnic shelters located within Firehouse Park and Happy Hollow Park. Other miscellaneous park improvements include new fencing (wire) on the ball field backstop and seal coating the parking lot. • Firehouse Park Trail Improvements Proposed construction includes replacement of the entire bituminous trail system within Firehouse Park. Extension of the north trail section to the north baseball diamond is also proposed. An eight foot wide trail section is proposed. Kylawn Park Trail Improvements Proposed construction includes replacement of the bituminous trail system along the north part of Kylawn Park and through the playground area. An eight foot trail is proposed. The south portion of the trail system, installed in 1998, is not scheduled to be replaced. West Palmer Park Improvements Proposed construction activities include the replacement of the existing park building and replacement of four park lights. The new structure is scheduled to include picnic facilities, one unisex restroom and a small utility area. The new shelter will be consistent with the park building constructed in Kylawn Park in 2007/2008. Evergreen Park Fence and Tennis Court Reconstruction Proposed construction includes replacement of the soccer field fence and gate, replacement of the baseball and softball outfield fences and resurfacing the tennis courts within Evergreen Park. Evergreen Athletic Field Lighting Replacement Proposed construction includes replacement of the elevated outdoor lighting system for the athletic fields located within Evergreen Park. This project includes replacement of the existing lighting • system. The project does not include substantial expansion of the current lighting system. Project Summary Page 140 2010 -2024 Capital Improvement Program EXHIBIT A • Northport Park Building Proposed construction activities include the replacement of the existing shelter building. The new structure is scheduled to include picnic facilities, one unisex restroom and a small utility area. The new shelter will be consistent with the park building constructed in Kylawn Park in 2007/2008. Baseball Backstop Replacements Proposed construction includes replacement of the baseball backstop fences at Central Park, Freeway Park and Willow Lane Park. Central Park Tennis Court Resurfacing Proposed construction includes the removal of two existing tennis courts and resurfacing of the two remaining two tennis courts within Central Park. Willow Lane Park Trail Improvements Proposed construction includes replacement of the trail system within Willow Lane Park. An eight foot wide trail section is proposed. Baseball Fence Replacement Proposed construction includes replacement of the line fences at Central Park and East Palmer Lake Park and the replacement of the line and outfield fences at Northport Park. Freeway Park Trail Improvements Proposed construction includes replacement of the trail system within Freeway Park. An eight foot wide trail section is proposed. • Lions Park Trail Improvements Proposed construction includes replacement of the trail system within Lions Park. Parallel biking and walking trails would be removed and replaced with a single ten foot wide trail section. Evergreen Park Trail Improvements Proposed construction includes replacement of the bituminous trail within Evergreen Park. Replacement of the trail along 70 Avenue is not part of the project. An eight foot wide trail section is proposed. Brooklyn Boulevard City Entrance Signs Proposed improvements include painting the existing City entrance signs and cedar fences surrounding the signs located along Brooklyn Boulevard at the Minneapolis and Brooklyn Park borders. 69 Avenue Greenway & Cahlander Park Fence Rehabilitation Proposed osed construction includes refinishing the wood fence along the north side of the 69 Avenue greenway between Brooklyn Boulevard and Palmer Lake Drive and the privacy fence on the west side of Cahlander Park. West River Road Trail Improvements Proposed construction includes replacement of the bituminous trail along West River Road from 73 Avenue to 66 Avenue. A ten foot wide trail section is proposed. • Project Summary P a g e 141 2010 -2024 Capital Improvement Program EXHIBIT A • Central Park East Trail Improvements Proposed construction includes replacement of the bituminous trail system within the eastern portion of Central Park. The trail segment proposed for replacement is between Interstate 94 and the south City Hall parking lot, east of Shingle Creek. A ten foot wide trail section is proposed along the main trail corridor and an eight foot wide trail section is proposed for the adjacent pedestrian trails. Play Ground Equipment Replacement Proposed construction includes replacing park play ground equipment over a five year period. A total of 20 parks with playground equipment are located within Brooklyn Center. Four parks are scheduled for replacement each year over the five year period. An assessment of the play ground equipment will need to be done to determine replacement priority. Palmer Lake Trail Mill and Overlay Proposed construction includes resurfacing of the existing trail system extending around Palmer Lake. This trail was last reconstructed in 2005 with an expected maximum service life of 15 to 20 years due to the soil stability issues within the park area. Project Summary Page 142 2010 -2024 Capital Improvement Program City of Brooklyn Center City Council Agenda Item Memorandum • TO: Curt Bo ane City Manager 9 Y, tY 9 FROM: Daniel Jordet, Director of Fiscal & Support Services DATE: 9 December 2009 SUBJECT: Utility Rates for 2010 Recommendation: It is recommended that the City Council consider the five attached resolutions setting rates for consumption and use of City provided utility services for the 2010 fiscal year. Background: During the 19 October 2009 working session of the City Council and Financial Commission, staff presented the expected costs for operation of the City's utility services for 2010. Along with those costs were projections of the revenues needed for the 2010 year and for future years to keep operations running smoothly and fund the infrastructure improvements needed in the system. Therefore the following base rate recommendations have been presented for the City's various utility services: Water: 4.00% increase (3.00% in 2009) Sewer: 1.00% increase (1.00% in 2009) Storm Sewer: 1.00% increase (3.00% in 2009) Street Lights: 3.00% increase (2.00% in 2009) Recycling: 6.00% increase (3.00% in 2009) Financial Impact: If the rates are adopted as proposed the average residential property can expect to pay about $ 1.91 per quarter in additional utility costs. The breakdown for each of the utilities is as follows: % 200 2010 *Quarterly Increase Base Rate Base Rate Increase Water 4.00% $ 1.29 per 1 K gal. $ 134 per, 1 K gal $ 0.56 + Sanitary. Sewer 1.00 %, $ 63.24 flat rate $ 63.87 flat rate $ 0.63 Storm Sewer 1.00% $ 14.19 per bt $ 14.33 per bt $ 0.14 Street L' hts 3.00% $ 3.73 per DU $ 3.84 per DU $ 0.11 Recycing 6.00% $ 7.80 per, quarter $ 8,27 per quarter $ 0.47 • m...._._ $ 1.91 * fora residential customer using 27,000 gallons of water + using the new conservation water rate structure Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION ADOPTING 2010 WATER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self - supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Water Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2010. 2010 WATER UTILITY RATE SCHEDULE Water Rates, Fees and Charges Base Rate • Year 2010 $1.34 per 1,000 Gallons Quarterly Minimum Rate Meter Size 2010 Ouarterly Minimum Charee 177 $ 18.76 1 ''/2 $ 24.20 2" $ 46.90 3 11 $ 93.80 4 95 $ 158.12 6" $ 361.80 g" $ 683.40 10 $ 911.20 Water Conservation Rate Meter Size Base Charge (per quarter) 5/8" and 3/4" $ 6.50 Thousands of Gallons Consumption Charge (per 1.00 P?allons used) 0 to 30 $ 1.07 31 to 60 $ 1.34 61 and greater $ 2.01 • RESOLUTION NO. • Other Charges Delinquent account, quarterly charge Greater of $ 3.00 or 10% of unpaid balance Certification for collection with property $30.00 taxes December 14, 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2010 SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self - supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Sewer Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2010. 2010 SEWER UTILITY RATE SCHEDULE Sewer Rates, Fees and Charges Base Rate Quarterly Residential Single Family Apartment Senior Citizen Year 2010 $ 63.87 $ 44.71 $ 35.13 Non- Residential Rate • Year 2010 $ 2.57 per 1,000 Gallons Fees SAC Charge set by MCES Fee Established by MCES Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Line cleaning charge Labor, materials, equipment and overhead Sanitary Sewer Connection Established annually by resolution December 14, 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. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ADOPTING 2010 STORM SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self - supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the following Storm Sewer Utility rates and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2010. 2010 STORM SEWER UTILITY RATE SCHEDULE Storm Sewer Rates and Charges Quarterly Rates per Acre 2010 Ouarterlv Charue Base Rate $ 57.33 • Cemeteries and Golf Courses $ 14.33 Parks $ 28.67 Single Family, Duplex, Townhouse $ 14.33/lot School, Government Buildings $ 71.66 Multiple Family, Churches $ 172.00 Commercial, Industrial $ 286.65 Vacant Land As Assigned Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Private facility cleaning charge Labor, materials, equipment and overhead December 14, 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. I, Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION ADOPTING 2010 STREET LIGHT RATES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self - supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Street Light Utility rates and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2010. 2010 STREET LIGHT UTILITY RATE SCHEDULE Street Light Rates and Charges Quarterly Rates Customer 2010 Ouarterly Charce Per Dwelling Unit: Single, Double and Multiple Family Residential $ 3.84 • Per Acre: Parks $ 6.40 Schools, Government Buildings, Churches $ 12.80 Retail and Service -Office $ 19.20 Commercial and Industrial $ 19.20 Vacant Land and Open Space As Assigned Charges Delinquent account, quarterly charge Greater of $ 3.00 or 10% of unpaid balance Certification for collection with property taxes $ 30.00 December 14. 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. Member introduced the following resolution • and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2010 RECYCLING RATE WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section 471.59 (1987); and WHEREAS, the purpose of the joint powers agreement is to create an organization by which member cities may jointly and cooperatively provide for the efficient and economical collection, recycling and disposal of solid waste within and without their respective corporate boundaries in compliance with the Minnesota Waste Management Act, Minnesota Statutes Chapter 115A (1987); and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, the HRG invoices the City of Brooklyn Center for the cost of recycling serviced based on a per household rate; and WHEREAS, the City of Brooklyn Center must establish rates to fund the City's curbside recycling program and the cost for projected reimbursement of recycling charges from the HRG along with other program operating charges; and WHEREAS, Brooklyn Center Ordinance No. 89 -11 authorizes the City to establish rates for recycling services; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the per household recycling rate charge shall be $ 8.27 per quarter for the 2010 calendar year. December 14, 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. lOc • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson City Clerk DATE: December 8, 2009 SUBJECT: Mayoral Reappointments to City Advisory Commissions Recommendation: The enabling resolutions for the City Advisory Commissions outline that the members of the Commissions shall be appointed by the Mayor with majority consent of the Council. It is recommended that the City Council ratify the Mayor's reappointments to commissions with terms expiring as follows: Financial Commission — term to expire 12/31/2012 Susan Shogren Smith Housing Commission — term to expire 12/31/2012 Gretchen Knutson Kris Lawrence - Anderson • Park and Recreation Commission — term to expire 12/31/2012 John Russell Thomas Shinnick Planning Commission — term to expire 12/31/2011 JoAnn Campbell- Sudduth Carlos Morgan Michael Parks Background: Several commission member terms on City advisory commissions will expire December 31, 2009. City staff liaisons to the commissions polled the members whose terms would expire to determine their interest in continuing serving on their respective commissions. A brief summary regarding the commission reappointments is attached, including a table that indicates the geographical distribution by neighborhood of the current members of the commissions. Budget Issues: There are no budget issues to consider. Financial Commission • The Financial Commission is composed of a chairperson and six members, with members serving a three -year term. On December 31, 2009, the Financial Commission terms of Mark Nemec and Susan Shogren Smith will expire. Ms. Shogren Smith wishes to continue her voluntary public service on the Financial Commission for another three -year term. Mr. Nemec has decided not to serve another term. The Financial Commission has three vacancies; recruitment notices are posted on the City's website, at City Hall and Community Center, and in the next City Watch newsletter. Housing Commission The Housing Commission is composed of a chairperson and six members, with members serving a three -year term. On December 31, 2009, the Housing Commission terms of Gretchen Knutson and Kris Lawrence - Anderson will expire. Ms. Knutson and Ms. Lawrence - Anderson wish to continue their voluntary public service on the Housing Commission for another three -year term. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three -year term. On December 31, 2009, the Park and Recreation Commission terms of John Russell and Thomas Shinnick will expire. Mr. Russell and Mr. Shinnick wish to continue their voluntary public service on the Park and Recreation Commission for another three -year term. • Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two -year term. On December 31, 2009, the Planning Commission terms of JoAnn Campbell - Sudduth, Carlos Morgan, and Michael Parks will expire. Ms. Campbell- Sudduth, Mr. Morgan and Mr. Parks wish to continue their voluntary public service on the Planning Commission for another two -year term. • City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members December 8, 2009 Current Members Neighborhoods == Southeast Philip Berglin Susan Shogren Smith Northeast Todd Boster • Northwest West Central Central Rex Newman Southwest Three vacancies. 40 • City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Six Members) Current Members December 8, 2009 Neighborhoods Applicant(s) Current Members Southeast Joshua Xiong Northeast Northwest Kathie Amdahl Steve Landis • West Central Kris Lawrence- Anderson Central Judy Thorbus Southwest Gretchen Knutson James Richards • • City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members December 8, 2009 Park Service Area Applicants Current Members P.S.A. 1 Thomas Shinnick P.S.A. 2 Gail Ebert Roger Peterson P.S.A. 3 Bud Sorenson Muriel Lee • P.S.A. 4 Dan Starling P.S.A. 5 John Russell • . City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members December 8, 2009 Neighborhoods �lic�? ry = Current Members Southeast JoAnn Campbell- Sudduth Kara Kuykendall Della Young Northeast Sean Rahn, Chair Northwest Stan Leino • West Central Central Michael Parks Southwest Carlos Morgan City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM • To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: December 1, 2009 Subject: Resolution and Consent Order Imposing Civil Penalty Recommendation: It is recommended that Council recognize by resolution the acceptance and consent order imposing a civil penalty of $1,000 on Duoos Brothers American Legion Post 630 due to a previous liquor license violation. Background: On December 23, 2008 an employee of the Duoos Brothers American Legion Post 630, located at 6110 Brooklyn Boulevard in the City of Brooklyn Center, illegally served alcoholic beverages to a person under the age of twenty -one. This was in violation of Minnesota Statutes, § 340A.503, Subd. 2 (1). The employee has already been adjudicated by • the court system. The license violation has been discussed with Duoos Brothers American Legion Post 630 (hereby referred to as the licensee). The licensee admits the violation and has indicated they agree to pay a $1,000 sanction for the violations to a civil penalty. In addition, the licensee has made further efforts to remedy this civil issue by providing their policies and procedures in reference to the lawful sale of alcoholic beverages. The licensee has made statements that these policies and procedures have been reviewed with the employees responsible for the sale of alcoholic beverages. The licensee also recognizes that if they fail to comply fully with the policies and procedures at any time during the three -year period following the date of this resolution, the City may revoke or suspend the licensee's license or impose civil penalties. Budget Issues: None. Attachments: Resolution and Consent Order • • Member introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY WHEREAS, the city of Brooklyn Center (the "City ") has issued licenses for the sale of alcoholic beverages to Duoos Brothers American Legion Post 630 at 6110 Brooklyn Boulevard (the "Licensee "); and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on December 23, 2008, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Minnesota Statutes. § 340A.503, Subd. 2 (1) (the "Violation "); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting • the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment that has been relatively free of criminal activity relating directly to the sale of alcohol; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, Licensee has identified personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the "Policies and Procedures "); and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and 357003v1 CLL BR291 -233 j • WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of One Thousand Dollars ($1;000); and WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions and is doing so solely on the basis of such representation and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Minnesota Statutes. § 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above - described violations is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating -to sanctions to be imposed by the City as the licensing authority, pursuant to Minn Stat. § 340A.415. • ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of One Thousand Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minn. Stat. § 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violations, a civil penalty in the amount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by state law or City Code for any activity to which this agreement does not specifically apply and that is a violation of state law or City Code. 5. Except as provided in paragraph 6, in the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. 357003v1 CLL BR291 -233 2 i 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violations pursuant to Minnesota Statutes. § 340A.415, provided the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed amounts authorized by law. . 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the City prosecuting attorney, the County attorney, or other authorized law enforcement agencies; C. That the Licensee freely enters into this agreement without any promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn Stat § 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. DUOOS BROTHERS AMERICAN LEGION POST 630 By Its 4 By Order of the City Council of the City of Brooklyn Center this r day of , 2009. Tim Willson, Mayor ATTEST: i 357003v1 CLL BR291 -233 3 Sharon Knutson, 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. • 357003v1 CLL BR291 -233 q • Duoos Brothers American Legion Post 630 6110 Brooklyn Blvd. Brooklyn Center, MN 55429 American Legion Post 630 Policies For All Servers Of Alcohol and Cigarettes A) Check Identifcation of all patrons who look under 30 years of age 1) Check for any alterations; IE: Hold in hand to determine if you feel any raised areas of ID for alterations 2) Check birthday date with our calendar 3) Check ID photo for height and weight 4) If license is in renewal state make sure of state documentation and other identification 5) Check all parties ID's for all, IE; customer asks for a pitcher of beer and 4 glasses or individual is buying multiple drinks for his guests 6) Check for restrictions on back of drivers license 7) Check expiration date in drivers license B) When not to serve a customer 1) Unsteady on feet, mumbled speech, loudness, strong odor of alcohol 2) Just as a reminder, by Minnesota law a employee may not serve a customer that's obviously intoxicated even if they are not driving or taking a cab or walking C) No employee are allowed to drink any alcohol while on duty Lin J. Hoffman Acknowledge By Bar Manager Signature Date • r ' / DATE INVOICE AMOUNT ' _ - _- 17 -2 -910 DUOOS BROS. AMERICAN LEGION POST II NO. 630 HOUSING i 6110 BROOKLYN BLVD. 0 BROOKLYN CENTER. MN 55429 22525 7631561 -3138 �y� ��+ �I�U �l7lf e�a CHECK PAY DOLLARS 8 on bacic AMOUNT CHECK No DATE TO THE ORDER OF ACCT N n DESCRIPTION HRS GROSS I I I I CMbank. II'02252Sul 1:0910000221: L04 7 56 78 3460ul • City Council Agenda Item No. l0e • TO: City Council COUNCIL ITEM MEMORANDUM FROM: Curt Boganey, City Manaeo?�; DATE: December 9, 2009 SUBJECT: City Council Salaries Recommendation: In accordance with Council discussion and the proposed General Fund Budget, I have prepared an amendment to Ordinance No. 2008 -06 establishing Council Salaries for the year 2010. The amendment will maintain City Council salaries at the previously approved 2009 levels. Background: During Council deliberations on the 2010 budget, the majority of Council Members expressed a desire to maintain Mayor and Council Member salaries at the same level as approved for 2009. In previous years City Councils were prohibited from making changes to Council salaries during • their term. Changes to Minnesota Statute 415.11 in the 2009 Regular Session Chapter 152 — H.F. No. 1849 now allows the City Council to forego a previously approved salary increase. Budget Issues: Approval of this ordinance is consistent with the 2010 budget recommended for adoption. • . CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of January 2010 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2008 -06 REGARDING COUNCIL SALARIES FOR 2009 -2010 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 2008 -06, which amended the amount of the annual salaries to be paid to the Mayor and Council Members to become effective January 1, 2009, is hereby amended. Section 2. Effective January 1, 2010, the annual salary for Mayor shall be $11,166 and the annual salary for Council Members shall be $8,549. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2010. Mayor ATTEST: City Clerk Date of Publication: Effective Date: ( eeut indicates matter to be deleted, underline indicates new matter.) • 415.11, 2009 Minnesota Statutes Page 1 of 1 2009 Minnesota Statutes 415.11 SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES. Subdivision 1. Set by ordinance. Notwithstanding the provisions of any general or special law, charter, or ordinance, the governing body of any statutory or home rule charter city of the second, third or fourth class may by ordinance fix their own salaries as members of such governing body, and the salary of the chief elected executive officer of such city, in such amount as they deem reasonable. Subd. 2. After next election. No change in salary shall take effect until after the next succeeding municipal election. Subd. 3. Temporary reductions. Notwithstanding subdivision 2 or a charter provision to the contrary, the governing body may enact an ordinance to take effect before the next succeeding municipal election that reduces the salaries of the members of the governing body. The ordinance shall be in effect for 12 months, unless another period of time is specified in the ordinance, after which the salary of the members reverts to the salary in effect immediately before the ordinance was enacted. History: Ex1967 c 42 s 1,2; 1976 c 44 s 34; 2009 c 152 s 17 • • https: / /www.revisor.mn.gov /statutes / ?id= 415.11 12/09/2009 CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 14th day of July 2008 at 7 p.m. or as soon thereafter as the matter may be hear City 03 RegardingCouncSalaries for 2009 - consider An Ordinance Amending Ordinance No. 2006 2010. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. 2008 -06 AN ORDINANCE AMENDING ORDINANCE NO. 2006 -03 REGARDING COUNCIL SALARIES FOR 2009 -2010 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Ordinance No. 2006 -03, which amended the amount of the annual salaries to be paid to the Mayor and Council Members to become effective January 1, 2007, is hereby amended. Section 2. Effective January 1, 2009, the annual salary for Mayor shall be $11,166 and the annual salary for Council Members shall be $8,549. • Section 3. Effective January 1, 2010, the annual salary for Mayor shall be $11,389 and the annual salary for Council Members shall be $8,720. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 14th day of July 2008. _- Mayor ATTEST: City Clerk Date of Publication: suly 24, 2008 Effective Date: Arnrnist Z3, _2 nnR (SilEeeu indicates matter to be deleted, underline, indicates new matter.) • City Council Agenda Item No. lOf COUNCIL ITEM MEMORANDUM • TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director DATE: December 9, 2009 SUBJECT: RESOLUTION SETTING SALARIES FOR CALENDAR YEAR 2010 Recommendation: It is recommended that the City Council adopt the resolution setting salaries for calendar year 2010. Background: Section 2.07 of the City Charter requires that the City Council shall fix the salary of all employees of the City. Generally speaking, the City employs three different sets of employees, union, non -union and city manager. Union employees encompass the vast majority of public works and police department employees. Salaries and wages for these employees are established through the collective • bargaining process. We are currently negotiating with LELS Local 86 (Sergeants and Commanders) and LELS Local 82 (Police Officers). We have a settled agreement for 2010 with IUOE 49 (Public Works Maintenance). The action before you relates to the wages and salaries of the eighty -eight (88) non -union full - time employees working for the City. These at -will employees have no contract and rely upon the actions of the City Council through policy to assure reasonable working conditions, salaries and wages that are competitive in the market place. The proposed budget provides for a zero percent general wage increase. It also provides for scheduled performance based step increases for employees below the range maximum. I am recommending approval of the pay plan at the same level as 2009. Budget Issues: The proposed budget will support a 0% pay plan adjustment and scheduled performance step increases provided by the resolution. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION SETTING SALARIES FOR CALENDAR YEAR 2010 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center requires that the City Council shall fix the salary of all officers and employees of the City; and WHEREAS, the 1984 Pay Equity Act as adopted and amended by the Legislature requires every political subdivision of the State of Minnesota to establish "equitable compensation relationships" between its employees; and WHEREAS, the City Council has reviewed the 2010 Full -time Employee Pay Plan; and WHEREAS, an individual employee's movement through their respective pay schedule reflects a progression in corresponding levels or improved job performance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center that it hereby sets wages, salaries for the calendar year 2010 by adoption of the • attached Pay Plan and allows the City Manager to set appropriate increases to the part-time schedule consistent with other employee groups, which the City Manager shall be authorized to pay. BE IT FURTHER RESOLVED that the City Manager may reclassify, adjust, add and/or delete position(s) to pay grades in the Pay Plan(s) but is limited to authorizing increases due to Pay Equity Act compliance and by the Annual Budget constraints adopted by the City Council; and BE IT FURTHER RESOLVED that the 2010 Full -time Pay Plan is approved and adopted because it is in general an equitable pay plan for City Employees; however, parts of the Pay Plan are approved and adopted solely for the purpose of compliance with the mandates of Minnesota Statutes, Section 471.999; that adoption of the Pay Plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation for any employee or group of employees; that the Pay Plan shall be subject to continuing review and reconsideration and may be amended from time to time by the City Council; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ full and part-time and/or temporary employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 2010 budget appropriations and to make interim appointments to fill vacant positions whenever a position is vacant because a regular employee is on leave of absence, vacation leave, sick leave, or is absent for any other reason, and to establish rates of pay for such appointments consistent with the 2010 budget appropriations; and • . RESOLUTION NO. BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 2010. December 14. 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 of Brooklyn Center 2010 Pay Plan Full -Time Employees • City of Brooklyn Center 2010 Employee Pay Plan Table of Contents Contents Page Positions 1 2010 City Manager & Department Head Pay Plan 4 2010 Confidential Supervisory Employee Pay Plan 5 2010 Supervisory Exempt Pay Plan 6 2010 Non - Organized Exempt Pay Plan 7 Non-Exempt Pa 2010 Non-Organized p y Plan 8 2010 Local #49 (Maintenance) Pay Plan 9 2009 LELS Local #82 (Police Officers) Pay Plan 10 2009 LELS Local #86 (Lieutenants /Sergeants) Pay Plan 11 | | 2010Citvmf Brsmklvn Center Rmn�j|am Full-Time Positions � CITY MANAGER'S OFFICE City Manager 1 Contract Yes-Exec Director of City Manager 1 No Yes-Exec City Clerk 1 No Yea4dm Human Resources Director 1 No Yes-Admm IT Director 1 No Yea-Adm |T/G|GTauhninian 1 No No Human Resources Specialist 1 No No Deputy City Clerk 1 No No Customer Service Representative 1 No No Payroll/Human Resources Technician 1 No No BUSINESS AND DEVELOPMENT Director of Business and Development 1 No Yes-Exec Planning and Zoning Specialist 1 No Yes-Admn Community Development Specialist 1 No Yen-Adno Business Development Administrative Assistant 1 No No Assessing Division Aaoaonor 1 No Yes-Exec Appraiser 1 No No Appraiser Technician 1 No No BUILDING AND COMMUNITY STANDARDS Housing/Community Standards Supervisor 1 No Yes-Adnm Building & Community Standards Adm. Asst. 1 No No Building Official 1 No Yen-Adnm Building Inspector 2 No No Code Enforcement Inspector 3 No No Permit Technician 1 No No FISCAL AND SUPPORT SERVICES Director of Fiscal and Support Services 1 No Yes-Exec Assistant Director cfFinance 1 No Yes-Adnn Accountant 1 No Yea-Adnn Utilities Technician || 1 No No Accounting Technician || 1 No No Liquor Stores Division Liquor Operations Manager 1 No Yes-Exec Liquor Store Manager 2 No Yea-Adm Assistant Liquor Store Manager/Category Buyer 1 No Yes-Adnm Liquor Store Office Assistant 1 No No 1 5 3 '.. ,'A:: a. .. .,£a ''• '..`�.,. ,_'- ,Y rr:>z •. fir. m In v � ;.,.. _ i 4� ■ �l�a ■ � Y.� . n Xfts "....... rrm • FIRE DEPARTMENT Fire Chief /Emergency Management Coord. 1 No Yes -Exec Fire Administrative Technician 1 No No POLICE DEPARTMENT Chief of Police 1 No Yes -Exec Police Commander 3 L #86 Yes -Adm Police Sergeant 6 L #86 No Police Officer 36 L #82 No Support Services Manager 1 No Yes -Adm Crime Analyst 1 No No Crime Prevention Specialist 1 No No Property Technician 1 No No Police Administrative Assistant 1 No No Police Records Technician 7 No No PUBLIC WORKS DEPARTMENT Director of Public Works /City Engineer 1 No Yes -Exec Engineering Technician IV 1 No No Engineering Technician III 4 No No Public Works Administrative Assistant 1 No No Streets and Parks Division Deputy Director of Public Works 1 No Yes -Exec • Supervisor of Streets and Parks Maintenance 1 No No Crew Leader 3 L #49 No Maintenance II 12 L #49 No Central Garage Division Mechanic 2 L #49 No Crew Leader 1 L #49 No Night Service Person 1 L #49 No Central Garage Administrative Technician 1 No No Public Works Administrative Technician 1 No No Public Utilities Division Supervisor of Public Utilities 1 No Yes -Adm Crew Leader 1 L #49 No Maintenance II 5 L #49 No • 2 .: x .. ;... „. a ' z s?,,t .a .,[ A�" . 10. , Posl iori N hci16i t?fgan COMMUNITY ACTIVITIES, RECREATION & SERVICES Director of Community Activities, Rec. & Serv. 1 No Yes -Exec Program Supervisor 3 No Yes -Adm Golf Course Grounds Supervisor 1 No Yes -Adm Recreation Secretary 1 No No Recreation Clerk 1 No No Earle Brown Heritage Center Division EBHC General Manager 1 No Yes -Exec EBHC Maintenance Supervisor 1 No Yes -Exec EBHC Crew Chief 2 No No EBHC Sales Director 1 No Yes -Exec EBHC Salesperson 2 No Yes -Adm EBHC Maintenance Custodian 2 No No EBHC Secretary & Billing Clerk 2 No No Government Buildings Division Maintenance Supervisor 1 No Yes -Exec Maintenance Custodian 2 No No Lead Custodian 1 No No Custodian 4 No No 159 _..:., -- n TOTA1: �tEGULAih111. TIME • OSTCI?� �, 't�C1,RID9 • 3 2010 City Manager and Department Head Pay Plan Exempt from overtime (not eligible for overtime) 1/1/10 City Manager: Salary pursuant to emplovment contract Director of Fiscal & Support Services Annual $ 91,532 $ 113,127 Wj .. T Chief of Police Annual $ 91,532 $ 113,127 Director of Public Works /City Engineer Annual $ ^ 91,532 $ 113,127 = Director of Community Development Annual $ 77,796 $ 96,077 Fire Chief Annual $ 77,549 $ 95,663 n _; t Community Activities, Recreation, Annual $ 76,848 $ 94,910 & Services Director `_ ' `trfi" �" WIWI Assistant City Manager /Director of Building Annual $ 72,919 $ 88,739 & Community Standards n .... >.w, §. The City Manager is authorized to set salaries within the established ranges. This schedule reflects a 0% increase January 1, 2010 • 4 ��` 2010 Confidential/Supervisory Full-time Employee Pay Plan 111/10 Exempt from overtime (not eligible for rtime) Or '6S21 'An Cd���r .'-==_==-''_'�__�''-- -_''� �.-_-_ `.,,. '_____. This schedule provides a salary range for supervisory employees in confidential positions. The schedule reflects all current salary ranges for this group and provides for oO% increase January 1.201O. This employee group ioexempt from overtime under FLSA. Normal progression: Minimum io the starting rate. After successful oomp|otionofuixmond`oofopmbationorypariod. individuals move oo the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps upoo the maximum shall beat the discretion of the City Manager based upon recommendation m{ the Department Head. City Manager's Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or qualifications are less than required for the position. The City Manager iu authorized to set salaries above the minimum rate when qualifications exceed those required for the starting rate. � 2010 Supervisory Full-time Pay Plan ~Exempt lWempt from overtime Pot eligible for overtime) sr Human Resources Director IT Director S29 Liquor Operations Manager Annual $ 67,901 $ 71,304 $ 74,869 $ 76,741 $ 78,659 $ 80,626 $ 82,641 EBHC Manager S20 Support Services Manager Annual $ 54,376 $ 57,095 $ 59,950 $ 61,449, $ 62,985 $ 64,559 ;$ 66,173 Oft This schedule provides salary range for supervisory employees. The schedule reflects all current salary ranges for this group and provides for uVY6 increase January 1, 2010 This group nf employees is exempt from overtime under FLSA. Normal progression: Minimum io the starting rate. After successful completion o[ six months ofo probationary period, individuals move m the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances m steps upm the maximum shall uaat the discretion nfthe City Manager based upon recommendation of the Department Head. City Managers Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or qualificat are less than required for the position. The City Manager |a authorized to set salaries above the minimum rate when qualifications exceed those required for the starting rate. 0 6 2010 Non-Organized Full-time Employee Pay Plamn - Exmmmpd rtime (not eligible for overtime) C27 Assistant Finance Director Annual $ 64,488 $ 67,713 71,098 $ 72,876 $ 74,698 $ 76,565 $ 78,479 Supervisor Public Utilities Me Comm. Dev. Specialist planninn/Zoninmonauolist Housing u Code snravnx C22 mzmumont | Annual $ 56aou1$ 59848 * 628*1 * 64*12 v 66022 r 67672 ~ ~~~~- C20 Rec. Program Supervisor | Annual $ 54,252 $ 56 $ 59813 » 61308 w 628+1 p 64412 ~ """^^ seHoma/nt.Supervisor | T"" 074141 C18 saHo Sales Director | C16 Maintenance oupem/mor | uquv,ammMonu�r | C12 so*caa/ooponmn uonum/ $ 44527 o 46753 u 490e1 * 50318 " 51576 * 5286" d9�� — � '�wk��' CW Golf Course Supervisor unnvu/ 40.339 42.356 $ *4.47* w 45586 |$ °'""° « 49 Assistant Liquor Manager | , `u��ux''�~��g*������'��l�&�� ������0�8�� %` This schedule provides u salary range for non-organized employees in exempt positions. The schedule reflects all current salary ranges for this group and provides for oom increase January 1, 2010. This employee group io exempt from overtime under pLaA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move m the next step. After eighteen months ov successful performance vx job duties, Individuals move m the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation m the Department Head. City Manager's Discretion: The City Manager is authorized m set salaries below the minimum rate when performance v, qualifications are less than required for the position. The City Manager /x authorized m set salaries above the minimum rate when qualifications exceed those required for the starting rate. Merit Steps: Merit steps vnm ten percent above the maximum rate shall only m, awarded with the express approval of the City Council as recommended by the City Manager. 7 2010 Non-organized Full-time Employee Pay Plan - Non-exempt 'W 110 on (eligible for overtime) fr : 'M IS " ep, Ste �C�CCfi- s, `Tit1•. .x � ", : ";#1° j8 J a *3 r ft Y D37 Engineering Tech IV Hourly $ 28.636 $ 30.068 . $ 31.571 $ 32.360 $ 33169 $ 33-999 $ 34.849 Supervisor Streets & Parks D33 IT/GIS Technician Hourly $ 25.943 $ 27.240 $ 28.602 $ 29.317 $ 30.050 $ 30-801 $ 31.571 D31 Building Inspector Hourly $ 24.693 $ 25.927 $ 27.224 $ 27.904 $ 28.602 $ 29.317 $ 30.050 D30 Housing Inspector Hourly $ 24.090 $ 25.295 $ 26.560 $ 27.224 $ 27.904 $ 28.602 $ 29.317 Code Enforcement Inspector Appraiser I ID27 Engineering Tech Ill Hourly $ 22.370 $ 23.489 $ 24.663 $ 25.280 $ 25.912 $ 26.560 $ 27.224 ID25 Appraiser Technician Hourly $ 21.292 $ 22.357 $ 23.475 $ 24.062 $ 24.663 $ 25.280 $ 25.912 D24 Maintenance Custodian Hourly $ 20.773 $ 21.812 $ 22.902 $ 23.475 $ 24.062 $ 24.663 $ 25.280 Crime Analyst Crime Prevention Specialist D21 Fire Adm. Coordinator Hourly $ 19.290 $ 20.254 $ 21.267 $ 21.799 $ 22.344 $ 22.902 $ 23.475 D20 Deputy City Clerk Hourly $ 18.819 $ 19.760 $ 20.748 $ 21.267 $ 21.799 $ 22.344 $ 22.902 HR/Benefits Specialist HR/Payroll Technician Police Adm. Assistant Public Works Adm. Aide ID18 Accounting Technician 11 Hourly $ 17.913 $ 18.808 $ 19.749 $ 20.242 $ 20.748 $ 21.267 $ 21.799 7 Central Garage Adm. Tech Hourly $ 17.476 $ 18.350 $ 19.267 $ 19.749 $ 20.242 $ 20.748 $ 21.267 Comm. Dev. Secretary EBHC Sec./Billing Clerk EBHC Maint. Custodian Police Records Technician Recreation Secretary Utilities Technician 11 Property Technician ID16 Permit Technician Hourly $ 17.049 $ 17.902 $ 18.797 $ 19.267 $ 19.749 $ 20.242 $ 20.748 ID14 Public Works Adm. Tech Hourly $ 16.228 $ 17.039 $ 17.891 $ 18.339 $ 18.797 $ 19.267 $ 19.749 D13 EBHC Sec./Receptionist Hourly $ 15.832 $ 1 6.624 $ 17.455 $ 17.891 $ 18.339 $ 18.797 $ 19.267 Cust. Service Representative Liquor Store Office Assistant Recreation Clerk Lead Custodian JD8 EBHC Crew Chief Hourly $ 13.993 $ 14.693 $ 15.428 $ 15.813 $ 16.209 $ 16.614 $ 17.029 JD6 Custodian Hourly $ 13.319 $ 13.985 $ 14.684 $ 15.051 $ 15.428 $ 15.813 $ 16.209 IN Community Service Officer Hourly $ 11.772 $ 12.361 $ 12.979 $ 13.303 $ 13.636 $ 13.977 $ 14.326 This schedule provides a salary range for non-organized employees in non-exempt positions. The schedule reflects all current salary ranges for this group and provides for a 0% increase January 1, 201 This employee group is not exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. 8 2010 IUOE Local 49 Employee Pay Plan • 1/1/10 Non - exempt (eligible for overtime) I)Q_ Maintenance III _ Hourly 24.46 Maintenance II Hourly 23.54 Step 3 Hourly 21.90 Step 2 Hourly 20.31 Step 1 Hourly 18.70 Start Hourly 17.10 Mechanic Hourly 24.50 Night Service Person Hourly 23.54 This schedule provides a salary range consistent with the labor agreement. • Crew Leader: An employee assigned, in writing by the Department Head or Public Works Superintendent, to assist a supervisor as a crew leader will be paid an additional $1.50 per hour above the base wage of their regular position. The current agreement extends through December 31, 2010. • 9 09 Police Officer Pay Plan (LELS Local 82) Wently in negotiations for 2010 January 1, 2009 �`: ��s;a' s :y�`�,- ^,.....���$ :.�, -x m a.� •i i �f f.:s; ;'d �C" "< �%.,,`„. %, °: .c,. Y � . w .§, `r .[i i€'nt*'� '�.:: #4. l�°.4a ���' DM." „S�e� Ty #I e ����.' �• !.% e _ ¢ � %� „� Police Officer LELSP1 $ 22.205 LELSP2 $ 25.797 LELSP3 $ 28.083 $ 28.763 $ 29.248 LELSP4 $ 30.369 $ 31.049 $31.534 LELSP5 $ 32.655 $ 33.335 $ 33.820 $ 34.761 $ 35.441 $ 35.926 $ 33.809 $ 34.489 $ 34.974 Explanation of Grades /Steps LELSP1 /A Starting Rate - 68% of base pay LELSP2/A After 6 months of continuous employment - 79% of base pay LELSP3 1A After 12 months of continuous employment - 86% of base pay LELSP311 E1 LELSP3 /A plus educational incentive (Bachelor's Degree) if elected LELSP3 /L2E2 LELSP3 /A plus educational incentive (Master's Degree) if elected LELSP4 /A After 24 months of continuous employment - 93% of base pay LELSP4 /1_1 E1 LELSP4 /A plus educational incentive (Bachelor's Degree) if applicable SNUE2 LELSP4 /A plus educational incentive (Master's Degree) if applicable P5 /A After 36 months of employment - 100% of base pay SP5 /L1 E1 LELSP5 /A plus longevity (after 12 years of continuous service) or educational incentive (Bachelor's Degree) LELSP5 /L2E2 LELSP5 /A plus longevity (after 16 years of continuous service) or educational incentive (Master's Degree) LELSP51DET LELSP5 /A plus detective differential & on -call pay LELSP5 /DET1 LELSP5 /A plus detective differential & on -call pay, longevity (after 12 years of continous service) or education incentive (Bachelor's Degree) if applicable LELSP5 /DET2 LELSP5 /A plus detective differential & on -call pay, longevity (after 16 years of continous service) or education incentive (Master's Degree) if applicable LELSP5 /SL LELSP5 /A plus school liaison or drug task force differential LELSP5 /SL1 LELSP5 /A plus school liaison or drug task force differential & longevity (after 12 years of continous service) or education incentive (Bachelor's Degree) if applicable LELSP5 /SL2 LELSP5 /A plus school liaison or drug task force differential & longevity (after 16 years of continous service) or education incentive (Master's Degree) if applicable The current agreement extends through December 31, 2009 and will continue until a settled 2010 agreement. • 10 2009 Police Commander & Sergeant ( LELS Local 86) Pay Plan Currently in negotiations for 2010 1/1/09 ( Exempt from Overfime Position Tale;. , _ : ,. °k� W" Mm} .Max Commander Annual $ 87,912 $ 92,040 .:Mont 7;326 1/1/09 Non. exempt from Overtime Position Titl M ax . ,.. Sergeant Annual $ 81,952 `Monthly`s, _=;, : $ "' 6.829 Hourly $ 39.40 This schedule provides a salary range consistent with the labor agreement. The current agreement extends through 12/31/09 and will remain in place until a settled agreement for 2010. 11 City Council Agenda Item No. lOg • COUNCIL ITEM MEMORANDUM DATE: December 14, 2009 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: An Ordinance Amending Chapter 12 Pertaining to Licensing and Enforcement of Rental Properties Recommendation: Staff recommends that the Brooklyn Center City Council consider approving on first reading an ordinance amending Chapter 12 pertaining to licensing and enforcement of rental properties, and scheduling a second reading and Public Hearing for January 25, 2010. Background: As part of the city's Rental Neighborhood Improvement Strategy, the regulations regarding rental licensing and enforcement have been reviewed. As a result of extensive research, amendments to the city code are presented. A significant amount of feedback was considered in • drafting revisions to the city rental licensing and enforcement regulations. Sources included the Rental Neighborhood Improvement Strategy Action Teams, rental property owners, Minnesota Multi Housing Association, residents and other interested parties, Housing Commission, City Council, city prosecutor, and city attorney. Staff also considered other cities' experiences in implementing similar types of regulations. Per City Council request, three documents are attached which illustrate different formats of the proposed ordinance amendment. One document is the official ordinance format indicating proposed changes from the current ordinance. The second document is a copy of the ordinance in its final appearance. The final document indicates the changes made to the version presented at the City Council Work Session on September 28, 2009. Feedback from the City Council Work Session, the November 17 Housing Commission meeting and City Attorney has been incorporated into the current version presented for the first reading. Ordinance Overview The purpose of the rental license amendment is as follows: - To establish minimum licensing standards to ensure that rental properties are maintained in conditions to protect the health, safety and welfare of the public to benefit tenants, neighbors and the community -at- large. - To provide additional standards and tools to help substandard properties become well- • managed properties, while supporting existing efforts of well- managed properties. - To reduce the city's cost to the general taxpayer associated with regulation of substandard properties. • Some highlights of the proposed ordinance include: • Redefining "rental" property to include properties occupied by anyone other than an owner. • Creating a new licensing category system with performance based categories, determined by a point system calculated based on the number of valid police incidents and compliance with property and nuisance codes. • Creating standards in the ordinance, including licensing categories that provide incentives (financial, operational, etc.) for well- managed properties. • Providing additional corrective tools including implementation of various aspects of the Crime Free Housing Programs, an action plan and mitigation plan requirements. • Adding and clarifying conditions that could affect the status of a rental license (suspension, revocation, denial and nonrenewal). • Clarifying what is defined as a "disorderly activity" under the Conduct on License Premise, Section 12 -911. • Creating a greater degree of tenant responsibility for acts of "disorderly" conduct. It is proposed that any three violations occurring within one year are subject to license actions versus any three violations occurring within three months of each other (less than six months). • Incorporating police service call criteria, previously included in the Provisional License Section 12 -913, into the licensing category criteria. • General ordinance cleanup such as eliminating unnecessary repetition of code language • and clarifying standards and ordinance format where possible. The primary City Council goals associated with the proposed ordinance amendment are "Stabilize and improve residential neighborhoods ", "Have a safe and secure community ", and "Financial accountability through effective and efficient operations." Budget Issues: necessary to properly rental properties increases the amount of city ary p p y As the number of re tY resources p p regulate these properties also increases. Although the proposed ordinance amendment may shift city resources from reactive enforcement to proactive initiatives, the amount of city resources will not likely be reduced, especially in the initial couple of years as the new licensing program is implemented. Further, the amount of city resources will depend on the licensing category criteria, to be decided by the City Council in January. Attached: Attachment I- Proposed Code Amendment in Ordinance Format Attachment II- Proposed Code Amendment Indicating Final Appearance Attachment III- Proposed Code Amendment Indicating Various Revisions • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of January 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance relating to the regulation of rental properties; amending Brooklyn Center City Code, Chapter 12 Sections 101 through 1401. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO THE REGULATION OF RENTAL PROPERTIES; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 12 -101 THROUGH 12 -1401 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 12 -101 through 12 -1401, BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE, is amended as follows: CHAPTER 12 — BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE • Section 12 -101. PURPOSE. The purpose of this OrdiaaneeChabter is to protect the public health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: 1. To protect the character and stability of all buildings and property within the City. 2. To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well -being of persons occupying buildings within Brooklyn Center. 3. To provide minim standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings. 4. To provide minimum standards for light and ventilation, necessary to health and safety. 5. To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit. 6. To provide minimum standards for the maintenance of existing buildings, and to thus prevent slums and blight. • 7. To preserve the value of land and buildings throughout the City. • With respect to rental disputes, and except as otherwise specifically provided by the terms of this Obi eChapter. it is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to I complaints from tenant or landlord vAiiehthat are not specifically and clearly relevant to the provisions of this O Chanter. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. Neither in enacting this Obi eChapter is it the intention of the City Council to interfere or permit interference with legal rights to personal privacy. Section 12 -102. APPLICABILITY OF ORDINANCE. Every building, as well as its premises, and all occupied premises within Brooklyn Center shall conform to the requirements of this OfdinaffeeChapter, irrespective of when such building may have been constructed, altered, or repaired. Section 12 -201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Chapter where not otherwise defined within a section: 1. Approved — acceptable to the jurisdiction having authority and meeting all applicable codes. • 2. Accessory structure — a structure subordinate to the main or principal building •that is not used nor authorized to be used for living or sleeping by human I occupants and wh�e}that is located on or partially on the premises. 3. Building — any structure used or intended for supporting or sheltering any use or occupancy. 4 Compliance Official — the City Manager and Bathe Manager's designated agents authorized to administer and enforce this Or-dinaneeChapter. 4b. Disorderlv Activities — anv activities listed in Section 12 -91 L. 5. Dwelling — a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one - family dwellings, two - family dwellings, and multiple family dwellings; but not including hotels and motels. 6. Dwelling unit — a single residential accommodation • = that is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. 7. Family — any of the following definitions shall apply: • -A per-se}ror pz smsPersons related by blood, marriage, or adoption, together I with4is -er their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; -Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with his-er their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; -A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. 8. Flush water closet - an approved toilet, with a bowl and trap made in one piece I .e that is connected to the City water and sewer system or other approved water supply and sewer system. 9. Garbage - putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habitable building - any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. 11. Habitable room - a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 12. Heated water - water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. 13. Kitchen - a space • that contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. 14. Multiple family dwelling - a dwelling or portion thereof containing three or more dwelling units. 15. Nonresidential building - all other- buildings or structures other than dwellings or dwelling units. 16.. Occupant - any person (including owner or operator) occupying any structure, . building or part thereof, dwelling, dwelling unit, rooming unit or premise. . 17. Operator — the owner or agent who has charge, care, control, or management of a building, or part thereof. 18. Owner — a person, agent, firm, or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate officers. 19. Permissible occupant load — the maximum number of persons permitted to occupy a building or space within a building. 20. Person — an individual, firm, partnership, association, corporation or joint venture or organization of any kind. 21. Plumbing — all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. 22. Premises — a platted lot or part thereof or unplatted parcel of land, either unoccupied or occupied by any structure thereon. • 23. Public Corridor — a hall, corridor or passageway for providing egress from an occupied area to a public way and not within the exclusive control of one occupant. 24. Refuse — all putrescible and nonputrescible waste solids including garbage and rubbish. 25. Reinspection — a follow -up inspection that is: al conducted to determine if a code violation has been corrected; a se heduled nspeetion r bl needed because a licensee, owner or other responsible party fails to attend; —er a scheduled inspection; or cl needed because a scheduled inspection d at -d oes not occur or is prevented due to any act of a licensee, owner or responsible party..., or dl anv inspection other than the initial inspection for a license application where one or, more violations are found. 26 Rental dwelling — The term "rental dwelling" means any occupied dwelling or dwelling unit ' athat is not occupied by the owner of record regardless of compensation. The term includes any dwelling or dwelling unit let for "°"+ ^" lease o ccupied by a relative of the owner. 27. Repair — to restore to a sound and acceptable state of operation, serviceability or appearance. 28. Rodent harborage — any place where rodents can live, nest, or seek shelter. • 29. Rooming unit — any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 30. Rubbish — nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. 31a. Safety — the condition of being reasonably free from danger and hazards whiehthat may cause accidents or disease. alb. Single family attached- includes a townhome. rowhouse, duplex or similar dwellinv unit. 32. Structure — that - A+Aeh is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 33. Substandard dwelling — any dwelling whiehLhat does not conform to the minimum standards established by City Ordinances. 34. Supplied — paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building. X35. Tenant- anv person occunving anv dwelliniz or having possession of a space, within a dwelliniz who has the legal right to occupy the dwelling unit, where a leizal owner does not reside. 3 -56 Meaning of certain words — whenever the words "dwelling ", "dwelling unit ", "premises ", "building ", or "structure" are used in this Or-dinaneeChapter, they shall be construed as though they were followed by the words "or any part thereof'. Section 12 -301. RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or other person shall occupy or let another person occupy any building, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal I requirements of the State of Minnesota and the City of Brooklyn Center, including the fo requirements of this Chapter. Section 12 -302. MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a building shall maintain in a clean, sanitary and safe condition, the shared or public areas of the building and premises thereof. Section 12 -303. MAINTENANCE OF OCCUPIED AREAS. All occupants of a building, shall maintain in a clean, sanitary and safe condition that part or those parts of the building, and premises thereof that she/he occupies and controls. • Section 12 -304. STORAGE AND DISPOSAL OF RUBBISH. All occupants of a I building, shall store and dispose of all their rubbish in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Code of Ordinances. Section 12 -305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building, shall store and dispose of all their garbage and any other organic waste • that might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Code of Ordinances. Section 12 -306. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE, RUBBISH, AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or nonresidential building shall supply facilities for the sanitary and safe storage and disposal of rubbish and garbage. In the case of single- or two- family dwellings, it shall be the responsibility of the occupant to furnish such facilities. Every owner of a multifamily dwelling containing more than eight units must comply with the requirements of Section 7 -113 of the City Code of Ordinances. Section 12 -307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows whenever the same are required under the provisions of this OrdinanseCha except where there is written agreement otherwise between the owner and occupant. Section 12 -308. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a dwelling containing a single dwelling unit or an occupant of a nonresidential building containing a single unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit or an occupant of a nonresidential building containing more than one unit shall be responsible for such extermination whenever their unit is the only one infested. Notwithstanding ho__ evff However, whenever infestation is caused by the failure of the owner to maintain a building in a reasonable rodent -proof or reasonable vermin -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the units in any building, extermination thereof shall be the responsibility of the owner. Whenever extermination is the responsibility of the owner, the extermination must be performed by a licensed pest control contractor. Section 12 -309. RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of a building shall accumulate boxes, lumber, scrap metal, or any other similar materials in sera manner that may provide a rodent harborage in or about any dwelling unit or building. Stored materials shall be stacked neatly. Section 12 -310. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a building shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials in sueh -a manner that may provide a rodent harborage in or about • shared or public areas of a building or its premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly. • Section 12 -311. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a building shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Section 12 -312. SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant of a building shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Section 12 -313. MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms, and water closet compartments from September through May. Nonresidential buildings shall meet State of Minnesota regulations and statute requirements. Section 12 -314. REMOVAL OF SNOW AND ICE. Every occupant of a dwelling containing a single dwelling unit, and the owner of a multiple family dwelling or a nonresidential building shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, shall be removed from parking lots and • driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after cessation of the snowfall. Section 12 -315. MINIMUM EXTERIOR LIGHTING. The owner of a building shall be responsible for providing and maintaining effective illumination in all exterior parking lots and walkways. Section 12 -316. MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a building shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants consistent with Chapter 35 of the City Code of Ordinances. Section 12 -317. MAINTENANCE OF YARDS. The owner of a building shall be responsible for providing and maintaining premises' yards consistent with Section 12 -711. Section 12 -401. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking, and eating therein, • " that does not comply with the following requirements. Section 12 -402. KITCHEN FACILITIES. Every dwelling unit shall have a room or . portion of a room in which food may be prepared and/or cooked and whiehthat shall have I adequate circulation area, and • " that shall be equipped with the following: • 1. An approved kitchen sink that is in good working condition and properly I connected to an approved water supply system a-�hieh. that provides at all times an adequate amount of heated and unheated runnin water under pressure, and ., that is connected to an approved sewer system. 2. Cabinets and/or shelves for the storage of eating, drinking, and cooking refrigeration q u eration for equipment, and utensils and of food that does not re g safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 3. A stove or similar device for cooking food, and a refrigerator or similar device for the safe storage of food at or below 40 degrees Fahrenheit, wA that are properly installed with all necessary connections for safe, sanitary and efficient operation. Provided that such stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. • Section 12 -403. TOILET FACILITIES. Within every dwelling unit there shall be a I nonhabitable room whiehthat is equipped with an approved flush water closet in good working condition. In a rental dwelling unit, such room shall have an entrance door wA that affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be connected to an approved sewer system. Section 12 -404. LAVATORY SINK. Within every dwelling unit there shall be an approved lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water supply system and shall p rovide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to an approved sewer system. Section 12 -405. BATHTUB OR SHOWER. Within every dwelling unit there shall be a I nonhabitable room wbiehthat is equipped with an approved bathtub or shower in good working condition. In a rental dwelling unit, such room shall have an entrance door wbiehthat affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be • connected to an approved sewer system. • Section 12 -406. STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of a dwelling and every porch or balcony, shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Uniform Building Code standards. Every deck, porch and balcony whiehthat is 30 inches or more above grade shall have a guardrail that conforms to the Uniform Building Code standards. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Section 12 -407. ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Section 12 -408. DOOR LOCKS. No owner shall occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be furnished with door locks as follows: 1. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings constructed after May 5, 1969, an approved security system shall be maintained for each multiple family building • to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead -latch type door locks shall be provided with lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a t3W tvpes that are permanently locked from the outside and permanently unlocked from the inside. 2. Every door that is designed to provide ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. Section 12 -501. MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, whieh that does not comply with the following requirements. Section 12 -502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there is supplied some other device affording adequate ventilation and approved by the compliance official, every habitable room shall have at least one window facing directly outdoors ., that can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of 10% of the floor area of the room or ten square feet. One half of the required window area shall be openable. Section 12 -503. NONHABITABLE ROOM VENTILATION. Every bathroom and ° . water closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation requirement for habitable rooms contained in Section 12 -502, except that no windows shall be required if such rooms are equipped with a ventilation system vAi" that is approved by the compliance official. Section 12 -504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling 1 public and common areas shall be supplied unit and al p with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures whie-h are properly installed whieh shall b° maintained in good and safe working conditions, and —,ha4-be connected to a source of electric power in a manner prescribed by the Ordinances, rules and regulations of the City of Brooklyn Center and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: 1. DwellingDwellinizs containing one or two dwelling units shall have at least the equivalent of 60- ampere, three -wire electric service per dwelling unit. 2. Dwelling units shall have at least one branch electric circuit for each 600 square feet of dwelling unit floor area. 3. Every habitable room shall have at least one floor or wall -type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, S and in no case less than two such electric outlets provided, however, that one ceiling or wall -type light fixture may be supplied in lieu of one required electric outlet. 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall -type electric light fixture and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. 5. Every public corridor and stairway in every multiple family dwelling shall be adequately lighted by natural or electric light at all times at one foot candle at floor level, so as to provide effective illumination in all parts thereof. Every public corridor and stairway in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system • that may be turned on when needed, instead of full -time lighting. h or equivalent device for turnip 6. A convenient switch q g on a light in each dwelling unit shall be located near the point of entrance to such unit. Section 12 -601. MINIMUM THERMAL STANDARDS. No person shall occupy as owner, or occupant, or let to another for occupancy, any building or portion thereof, •, that • does not have heating facilities whiehthat are properly installed, and � , � that are maintained in safe and good working condition, and w hiehthat are capable of safely and adequately heating all habitable rooms, bathroom, and water closet compartments in every dwelling unit located therein • to a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, at a distance of three feet above floor level and three feet from exterior walls. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirements of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 12 -701. GENERAL REQUIREMENTS. No person shall occupy as owner, or I occupant, or let to another for occupancy, any - building or portion thereof whiehthat does not comply with the following requirements, unless specifically exempt. Section 12 -702. FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation, exterior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition whieh that might admit rain or dampness to the interior portion of the walls or to the exterior spaces of the building. The roof shall be tight and have no defects whionh ad itsthat admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. If the exterior surface is unpainted or determined by the compliance official to be paint blistered, the surface sh all be painted. If the • exterior surface of the pointing of brick , block or stone wall is loose or has fallen out, the p g any surface shall be repaired. Section 12 -703. WINDOWS, DOORS AND SCREENS. Every window, exterior door, and other exterior openings shall be substantially tight and shall be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin and rodents from entering the building. Every openable window shall be supplied with 16 -mesh screens during the insect season, and shall be equipped with an approved lock if located less than six feet above adjacent grade. Section 12 -704. FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes and large cracks and loose plaster and shall be maintained in a tight, weatherproof i condition. Toxic paint and materials with a lasting toxic effect shall not be used. The floor of every toilet room, bathroom, and kitchen shall have a smooth, hard, nonabsorbent surface and shall be capable of being easily maintained in a clean and sanitary condition. Section 12 -705. RODENT PROOF. Every structure and the premises upon which it is located shall be maintained in a rodent -free and rodent -proof condition. All openings in the exterior walls, foundations, basements, ground or first floors, and roofs v " that have a 1/2" I diameter or larger opening shall be rodent - proofed in an approved manner. Interior floors or • basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. Section 12 -706. FENCE MAINTENANCE. All fences shall consist of metal, wood, masonry, or other decay resistant material. Fences shall be maintained in good condition both in appearance and in structure. Wood material, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Paint shall be maintained consistent with Section 12 -702. Section 12 -707. ACCESSORY STRUCTURE MAINTENANCE. Accessory structures or buildings shall be structurally sound, and-be maintained in good repair and appearance. The exterior of such structures shall be made weather resistant through the use of decay - resistant materials such as paint or other preservatives. Paint shall be maintained consistent with Section 12 -702. Section 12 -708. SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wall, ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting loads required by the occupancy. supplied Section 12 -709. FACILITIES TO FUNCTION. Every facili ty, p iece of equipment or utility required under the City Code of Ordinances and every chimney and flue • shall be installed and maintained and shall function effectively in a safe, sound, and working condition. Section 12 -710. GRADING AND DRAINAGE. During the period May through October every yard, court, passageway, and other portions of the premises on which a building stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Section 12 -711. YARD COVER. Every yard of a premises on which a building stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and such yard shall be maintained consistent with prevailing community standards. Nonresidential sites shall be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system. Section 12 -712. DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator, or occupant shall cause any service, facility, equipm ent or utili whiel3 is required under this OrdinanaeChapter. to be removed from or shut off from or discontinued for any occupied building or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Section 12 -713. SCREENING. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. • . Section 12 -801. MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein —h that does not comply with the following requirements. Section 12 -802. PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners occupying ar-espe -tine dwelling unit prior to June 1, 1975, the maximum permissible occupancy of any dwelling unit shall be determined as follows: 1. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. Section 12 -803. ONE FAMILY PER DWELLING UNIT. Not more than one family, except for temporary guests, shall occupy a dwelling unit. Section 12 -804. MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear ceiling height of not less than seven feet, six inches, except that in attics or top - half stories used for sleeping, study, or similar activities, the ceiling height shall be not less than seven feet six inches over at least one -half of the floor area. In calculating the floor area of such rooms in attics or top -half stories, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included. Section 12 -805. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit built after 1940 and containing two or more sleeping rooms shall have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be gained only by going through another sleeping room, nor shall the room arrangement be such that access to a sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar or to the exterior of any dwelling unit. Section 12 -900. PURPOSE. It is the purpose of this see -tie Chanter to assure that rental housing in the City is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the City who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. Section 12 -901. LICENSING OF RENTAL UNITS. • 1. License Required. a)__No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center - i her- chall b y t t ypes of li ; nccs: 3viaional. he enses are defi in Qee4ien 12 914, A license will be izranted as Tv I,. Tvpe II, Tvbe III or Tvpe IV Provisional based on criteria recommended by the Citv Manager and approved by the Citv Council. b) Excebtions. No license shall be required under the following circumstances:. (1) A single familv dwelling or a dwelling unit in a duplex occupied by the building owner for a minimum of six months per calendar Year., (2) Rented rooms within an owner occup_ ied dwelling unit., (3) A residential nropertv owned by a "snowbird" where the property is rented to another Derson for a period of less than 120 consecutive days while the owner is residing out of the State of Minnesota. The owner must occupy the propertv during the remainder of the year. (4) Unoccupied dwelling_ units that have been issued a Vacant Building Registration. 2. License Term. Regular- heenses will be issued for a period of two years. P+e , N d3i3:xa1 lieen se�sLicenses will be issued for a time eriod of r x mant-lis. accordina to the license tvpe as indicated in Diaaram 1., All licenses regular a a • mil, will may be reviewed every J n- mon*sat anv time after the beginning of the license term to determine whether the p ropertv continues to have the appropriate Type licenses. 3-- Di aaram I. _ Licensing Licensing Min. Inspection Crime Free Housing Plans Category Period Freauencv Tvpe I 3 year Min. 1 time in 3 vears, Phase I Recommended upon request or as needed as determined by city Tvpe II 2 year Min. 1 time in 2 vears, Phase I Required upon request or as needed as determined b_v city Tvpe III 1 year Min. 1 time per vear, Phase 1, II Required, Action Plan upon request or as Required needed as determined by city Tvpe IV 6 Months Min. every 6 months, Phase 1, II and III Mitigation Plan Provisional upon request or as Required Required needed as determined • by city, or as otherwise specified, by Mitig - — I I Plan 3. New Licenses. Properties that have legally not been reauired to have a rental. license due to new construction or a change from owner - occupied to rental will qualify for a Type II License. Properties found operating without a valid rental, license from the city or failing to meet city code requirements, or that have been the sub iect of enforcement actions such as criminal prosecution or civil penalties, for violation of this Chanter. will only aualifv for a Tv III license. 4. License Renewals. All rental properties are subiect to review and may be. re a uired to apply and aualifv for a different license Tvpe based on the level of compliance with city codes and applicable regulations. 5. Failure to Meet License Cateaory Reauirements. At anv time during a license period, if a rental prop_ erty does not meet or exceed the criteria established for the, current license Tvpe the license may be brought forth to the Citv Council for consideration of license suspension. revocation and/or license Tvpe review. 6. Tvpe IV Provisional Licenses. Rental properties under Tvpe IV Provisional Licensing must meet the reauirements set forth in Section 12 -913. 7. License Catesory Criteria. License tvpe will be determined on the basis of established criteria based on. Police incidents and property code and nuisance violations as recommended by the Citv Manager and approved by the Citv Council. a) Police Incidents. Freauencv of police calls will be based on the average number of valid police calls per unit. Police incidences for purposes of determining licensing_ categories shall include disorderlv activities and nuisances as defined in Section 12 -911 and events categorized as part one crimes in the Uniform Crime Reporting System including homicide, rape, robberv, aggravated assault. burg_larv, theft, auto theft and arson. Calls will. not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the, Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic, Abuse Act, Minnesota Statutes, Section 518B.01._ Subd. 2 (a). b) Property Code and Nuisance Violations. Standards for nropertv maintenance will be based on compliance with city and other applicable codes as determined through inspections and investigations. 8. License Process and Renewal. renewals shall be filed at least 90 days License rep prior to the license expiration Y p date. Within two weeks of receipt of a complete application and of the license fee required by Section 12 -902, the Compliance official shall • schedule an inspection. b) _ No application for an initial license shall be submitted to the City Council until the Compliance official has determined that all life, health safety violations or discrepancies• have been corrected. In cases where a weather deferral for repairs has been Granted by the Compliance. Official, the license may be brouLyht forward for consideration of gr ant ing a license conditioned on completing repairs. ---4 Incomplete Applications or Process. If the license application is incomplete, or the applicant does not meet the reauirements of the licensing process within 120 day_ s of the submittal date. the application will be, canceled. 9 . Condition of License. P to issua renew of " heense d at a'. tiffies during t h e li , a l icense heldeF Licensees with three or more units, must be current on the payment of all utility fees, taxes, and assessments, fines, or penalties or other financial claims due to the cit<f on the licensed vroperty and any other rental real property in the Citv owned by the license holder at all times.. Licensees with less than three units must be current on the payment of all utility fees, taxes, assessments. fines, penalties or other financial claims due to the city, due on the licensed property and any other rental real property in the City owned • I by the license holder.. prior to issuance or renewal of a license.. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof •• that remain unpaid for a period exceeding one (1) year after becoming due. Section 12 -902. LICENSE FEES. License fees, as set forth by City Council resolution, shall be due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees shall be due upon isgaar- o f e-ee of eeeu the time of application. 1. Residential Rental Conversion Fee_ . When a residential single familv home or single familv attached propertv is converted to a rental propertv, the owner or applicant shall pav a conversion fee as established by City Council resolution. The rental conversion fee also applies to residential properties re4istered as vacant properties. 2. License Fees, Delinquent pavments. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings. Once issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee3. Upon revocation or i suspension h owever - , the heens sh. all b pA i t l e a +" of a license fee upon pr o t ra nsf er - of l eg al _ +,."i o r e chip. T�-if • the applicant withdraws an application-pior " °'^ ° ^ f a lic =2s — or in the €ee shall be refunded ex penses , oa by th Cit in zonn w ith . eivi p of an incomplete application or process. or if an application is cancelled,, the fee is nonrefundable. 3. Reinspection fees. All reinspection fees are set by City Council resolution. If the reinspection is being performed as part of the licensing process, fee(s) must be paid prior to the time of license issuance or renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. If a reinspection fee or any portion is not paid within 60 days after billing, or within 60 days after any appeal becomes final, the City Council may certify the unpaid cost against the property in accordance with the process set forth in Section 19 -105 of this code. Section 12 -903. OWNER OR AGENT TO APPLY. License application or renewal shall be made by the owner of rental units or histhe owner's legally constituted agent. Application forms may be acquired from and subsequently filed with the compliance official. The applicant shall supply: 1. First, middle (if any), and last name, address, date of birth, an4-telephone number, and email address of dwelling owner, owning partners if a partnership, corporate • officers if a corporation. 2. Name, address, telephone number, and email address of designated resident agent, if any. 3. Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed. 4. Legal address of the dwelling. 5. Number of dwelling units within the dwelling. 6. Description of procedure through which tenant inquiries and complaints are to be processed. 7. Status of utility fees, property taxes, and other assessments on the dwelling and _other rental real property in the city owned by the applicant. 8. The number of tenants. 9. The legal name of the desicnated local anent. 10. At least one 24 -hour nronertv contact information for an available _property, owner, resident av-ent, or other desicnated responsible atzent. 11. Anv other information as reauested by the citv. Every person holding an operating license shall give notice in writing to the compliance I official within frveten business days after any change of this information. Depending on the nature of chanQ_ es, the Citv may reauire a new propertv inspection. Notice of transfer of ownership shall be as described in Section 12 -908. Section 12 -904. RESIDE-NTLOCAL AGENT REQUIRED. 1. Local Agent. No operating license shall be issued or renewed for a nonresident owner of rental dwelling units (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the compliance official the name of his ., e owner's local agent (one who does reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City Code of Ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or process pursuant to law. The compliance official shall be notified in writing of any change of resident agent. 2. Responsibility for Acts of Manager. Operator. or Local Agent. Licensees are responsible for the acts or omissions of their managers, operators. local agent or other authorized representative. Section 12 -905. CONFORMANCE TO LAWS. No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the Code of Ordinances of Brooklyn Center and the laws of the State of Minnesota. Section 12 -906. LICENSE INSPECTION CONDIT-ION REQUIRED. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to Section 12 -1001. Section 12 -907. POSTING OF LICENSE. Every licensee of a multi ntal dwelling with more than four units shall ease —tome- c onspicuously pe4edpost the current license, certificate in the main entryway or other conspicuous location *1___: *''_ _ *' Ese f For rental dwellings of four or fewer units; the _licensee must provide a copv of the license certificate to each tenant by attachina a copy to the tenant's copv of the executed lease acreement. Section 12 -908. LICENSE NOT TRANSFERABLE. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the compliance official within fweten (10) business days after having legally transferred or otherwise disposed of the legal control of any licensed rental . dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. • Section 12 -909. OCCUPANCY REGISTER REQUIRED. —Ev -evimer- of glued r-enW dwelling ean4aiaing 4ffee or- more dwelling tmits sha4l- ea-se to be kept, a oufr-ei# reg ister- of o,.,.,,p.,ney for o., a.,, g unit y. s informatdon 4-1. Every owner of a licensed rental dwelling shall keep. or cause to be kept, a current register of occupanc for each dwelling unit th pr ovides the following information: a. Dwelling unit address. -2b. Number of bedrooms in dwelling unit and the maximum number of occupants. 3. N r nesc. Legal names and dates of birth of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling units. 4d. Dates renters occupied and vacated dwelling units. fie. A chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this Or-dinan eCode of Ordinances. _f. A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copving by the compliance official at all reasonable times. 2. All nonresidential properties (commercial. industrial, and similar) shall keep, or cause to be kept, a current register of occupancy for each building that provides the following: a. Building address. b. List of all tenants occupvina building. C. Nature of business conducted by each tenant in building. d. Contact person for each tenant. e. Gross floor area leased by each tenant. Such register shall be made available for viewing or copying by the compliance official at all reasonable times. • eeeupancy for each b], • 1. �, a ;la; ng .,,aavo List of all tenapAs oeeupying building. 4. C;eataet per-son -- Section 12 -910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON- RENEWAL. 1. Applicability. Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. Unoccupied or Vacated Rental Units. In the event that a license is suspended., of I revoked or not renewed by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be r b Council. restored y the City 3. An } I 1uting this seetien shall be guilty of a mis and u po eoiwie , thereof sh pur.. 1 , a by a fig__ o f not mefe tha one +heusand d ollars (P or 7 + + eiw eed niRet r ;f3 31Q t og e the r- ; +b, the +s o f „ o cation. r b, d a y of -- 1- 6 + ior: shall eor:1 a4e puf 4shable o ff „� 4 3. Grounds for License Action. The Council may revoke, suspend or decline to renew an license issued under this Chapter upon an of the following grounds: Y p p Y a. false statements, misrepresentations or fraudulent statements, on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application,— fee, fine or penalty, reinspection fees, eF reinstatement fee, special assessments, real estate taxes, or other financial claims due to the city as required by this Chapter and City Council resolution. C. failure to continuously comply with anv p ro p erty maintenance. zoning, health, building, nuisance or other city codes; or failure to correct deficiencies noted in ,,,be o f ,,;elat Comp_ liance Notices, in the time specified in the notice. i • I d. failure to comply with the provisions of an approved mitigation plan i case of lisenses.or not submitting an action plan as required., e. failure to aualifv for the tune of license held or applied for f. excessive police calls for service in accordance with criteria determined by. the City Manager and approved by the Citv Council, based on the number and nature of the calls when, after owner notification. the owner has failed to supply an appropriate written action elan to reduce the police calls for, service �. failure to actively pursue the eviction of tenants who have violated the provision of this Chapter or crime free lease addendum or have otherwise, created a public nuisance in violation of city, state or applicable laws. h. the failure to eliminate imminent health and life safety as. determined by the city, or its authorized representatives. i. Conviction of any crime related to the business or entity licensed and failure to show by competent evidence the rehabilitation and ability to perform the duties of the business. i. The abandonment of the property by the property owner as determined by • the inability to make contact with the owner or his/her manawr or local ap-ent due to inaccurate or invalid contact information.. k. failure to operate or maintain the licensed premises in conformity with all applicable state and local laws and eedes and this r °a° ^ rdinances. -f. 5. 5. License Action Sections. Revocation, suspension and non - renewal may be brought under either this Section or Section 12 -911, or both. 6. A regulaf heense may be revoked a4 the end of y r deser i n seetio 1 not (2) a t th .t o f th +. :, + r, A; or- u pon o v th 4 the l ° ee p mils are t eligible f r V v1J1 ;si gnal licen:, .:a °a iffft SeeieR 12-9 6. Notification. Hearing and Decision Basis. a. Written Notice, Hearing. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an • opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license. • I b. Decision Basis. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, renew, suspend or revoke a license only u d Y, � p Y on written p findings. 8. 7. Affected Facility. The Council may suspend or revoke a license or not p renew a license for part or all of a facility. 9 -8. License Actions. Reannlication. a. Suspension. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. b. Revocation, Denial, Nonrenewal. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. A decision not • to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. C. Reinstatement Fees. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. 9. Written Decision, Compliance. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be reletre -let or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non - renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non - renewal specified in the City Council's written decision or in • paragraph 8 of this Section. • 10. New Licenses Prohibited. A person who has a rental license revoked may not receive a rental license for another property within the citv for a period of one vear from the date of revocation. The person may continue to operate other currentiv licensed rental properties if the properties are maintained in compliance, with citv codes and other applicable reeulations. Section 12 -911. CONDUCT ON LICENSED PREMISES. 1. 1. Conduct. Disorderlv Activities, Nuisances Defined. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Chapter £eetie d isorderly at whieh any of the f lloNN4 g activities eeettr:are considered nuisances and defined as follows: a. V iolatio n of c ° , ; or 1 12 a. Noise — cars /dogs Citv Ordinance 1 -110- horns /radios — City Code, Sections 19 -1201. 02, 03. b. Violation of Section 19 -1121 (Unlawful Possession, Delivery or Purchase) or violation of laws relating to the possession of controlled substances as • defined in Minnesota Statutes Section 152.01, Subdivision 4, and drug paraphernalia as defined in Minnesota Statutes, Section 152.092,. C. Violati ofP ublic disturbance — City Code, Section 19 -202 (Disturbing the Peaee). d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. e. Violation of laws relating to gambling. f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. g. Unlawful use or possession of a fifearm, in Aakatieeweapon. Violation of Minnesota Statutes, S°�r Sections 609.66, Subdivision la, 609.67, 609.02, Subdivision 6 or 624.713, and Citv Code Section 19 -402. 2. Th G;t„ Mona --r chall b. r ib f or- f r,, ° t a a d fa i n i s tfation e f this Orrdin an ee n „tl. t to take any ac i1. ut1, a un thi etio may b d e l ega t e d t the Cit Manager a desi 3. h. Loud parties /persons — City Code Section 19 -1201 i i. Fights — City Code Section 19 -203 i. Allowing curfew /status offenses /undera¢e drinking — City Code • Sections 19 -301; and 19 -304. k. Disorderlv conduct (Minn. Stat., Section 609.72) 1. Property damage — City Code Section 19 -211 m. Assaults 5th degree non - domestic — City Code Section 19 -204 n. Interference with a peace officer (Minn. Stat., Section 609.50) o. Unlawful assembly_ (_Minn Stat., Section 609.705) Citv Code Section 19 -1105 D. Presence at unlawful assemblv (Minn. Stat., Section 609.175) C1 . Terrorist threats (Minn. Stat., Section 609.713) r. Loitering — City Code Section 19 -201 2. Violations, Actions. Upon determination by the City Manager or the Manager's authorized designee that a licensed premises was used in a disorderly manner, as described in paragraph 1, the City Manager shall give ae fiee to t h e l eense° of the viola a nd a t th li eensee t t s tep s t pr evepA ft . ° elatie s take the �� V k following actions: 4.a) For a first instance of disorderlv use of licensed premise- a notice shall be provided to the licensee of the violation directing the licensee to take steps to prevent further violations. b) If anothe a second instance of disorderly use of the licensed premises occurs within +h,.°° (3) months an incidenta twelve (12) month time period for whieh ^ ~^+i ^° in paragraph 3 va&-giwnthe same tenancv, the City Manager or the Manag_ er's authorized designee shall notify the licensee of the violation and h ^" ^' ^° require the licensee to submit a written report of the actions taken, and proposed actions to be taken, by the licensee to prevent further disorderly use of the premises. This The licensee shall submit a written report shall be s„t„-Y,:++°a to the City. Manager or the Manager's authorized designee, within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises thi the pr - ee eding t h fe ° (3) month 5-.0 If another- third instance of disorderly use of the licensed premises occurs within im3 in.tanees -efa twelve (12) • month time period from the first disorderly useviolation for whieh netiees to the liee pufsttap te this see+_ =e„ the same tenancv, the I • rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Manager or the Manager's authorized desicnee who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation suspension or nonrenewal. The written notice shall specify all violations of this section, and shall state the date, time, place and purpose of the hearing. 3. Hearing. The hearing shall be held no less than ten (10) days and no more than th irty (3 rtv-five (45) days after giving such notice. Following the hearing, the council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. �. 1. Eviction Actions. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 7. 5. Determininv Disorderlv Conduct. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. 9. 6. Notices. All notices given by the City under this section shall be personally served on the licensee, sent by First Class mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. 9. 7. Enforcement. Enforcement actions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, ug ests or the licensed premises as is authorized by this Code or state law. Section 12- 44-2-.912A. NO RETALIATION. No licensee shall evict, threaten to evict or • take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, • suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. Section 12 -912B. FALSELY REPORTING VIOLATIONS. No person shall report a violation of this Chapter or city ordinance knowing or having reason to know that the report is, false with the intent to affect the licensing. status or inspection schedule of the property. Section 12 -912C. TENANT RESPONSIBILITIES. 1. Access to Premise. When required by Minnesota Statutes, each tenant or occupant of a rental dwelline must give the owner, owner's representative or authorized city official access to anv part of such rental dwelling at reasonable. times for the purpose of inspection, maintenance. repairs or alterations as are necessary to comply with the provision of this Chapter. 2. Compliance with Regulations. A tenant must comply with applicable city codes and all applicable local, state and federal regulations. A tenant is responsible for applicable property code, nuisance and violations of disorderlv conduct as specified in Section 12 -911 that occur on the p ro p erty, including violations committed by household members or guests. . Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Lieense t dw ell ings , •ti, e + that have +e,l r:�ltip € -- e�er�� so� aver of . 65 D mo peliee or f r € ealk, p aF-dwe4i-ns unit in a p reeedi g one year pe . d as s peeifed -belew afe eligible e pAy f evisi 1 _ie€nses D, N Y 2 Y per- dwelling , eftie � with „ ^ s „ ;t g.1 1; en -s on J d+l,F th 65 1' fir „ll ,�o,- ll;.,.t b �; +Rental ,,,o properties that meet the provisional licensing_ criteria as described in Section 12- 901 are eligible only_ for provisional licenses. a u t' d fi 11 that ar. eount in d g ,,f or a pro isia - aad. li-`asc equrred inelude the f 1 t-�pes of eal s u v vents , all 4 whi h arz h° e b d to eensti c c€ a nuisan eth di „end,µ- !•\ .,ll or eve nts listed i Cent;.,,, 12 911; (4) a l czclls -- or- eyef eat.E'g9i'iER as par +1. T i r � inaludi 3g h emi e, r-ape, robbery, aggravated acnxal +, b g +l,e auto theft and , . 11 e ")r -- the pcaiee da pafftffl—epA as one or- of the folio * a a ) ` Fk. , ., rra i S++ 609 . 66 609 67) • bj ` (Mi fm . dinance 1 � 92 { a + Drug : ra � �- t jinn S t ° +. '-� `- ��zi �) s d) L aud pefsons City Or-dinanee 19 12 e) -Gamblin Lol pa i4ies Gi „ O ,. nee 19 1201 g ) P +•+ t 609 . 321) h) Noise i� T Ci+„ nrdi . z 1 119- 1, i r•+ di ee 10 1201 n2 n3 rn7I IST�l�� n 1lrV l i) F ights Cit O amee 10 203 I) Llrup'm rootios and nafeeti (N U m c+.,+ 1 G7 01) l,) r•+„ O anee 10301 304 - J VT 1) D a 1 ,a,, + �>, r;�r _c +.,+ ono � m) Pi Cit Or-d n) A ssaults 3e i� dv i��' .� ° 284 0) Publi dis tufban e r•+ n,.a;,, 10 2n� P) Fir alarms Qt�- Ordir; n. q) I ley-fefenee wk a p eace effleer- (M —Sta i 60 ) Ordinance 19 1 X95 �) P r-esenee a t un mb,l (Minn c +,+ 609 12C1 t ) T . t d + (Min c+.,+ 609 . 713) u) L aite>- ing Qt�- Ordinan 19 201 tii�') Tha ,Ct�, r,�a>^« te+ °,.,,;n° that mu lti p le i ne id en ts shall be + ,1 as a s it appropriate ea-ses. b. Calls A 411 not be— eeunied fo pu-psses --ef dk4enninin r li is ° 1 „ » i ��++ Statutes " - , �) 1^ i3 '�7' c.� e + 8 ;bpG4 3' cc g Q ip,- b s3Q ,.11 n i C�G�FF`Ei'C CCT�, AL 310 , F � - r3bCCYF7YY c1 c„ta 2 Fi. The period of time used to de4enpAfte w hether- pf-evis}efial N el -is tire- twelve (12) met h p ending two mefAhs before c. six mai#h review period dese-vibe-ol in se etien 12 901(2). • will provide b mail to each licensee a monthly report of Q. The City wi p y Y anv police calls and incidents and applicable property code violations as described in . 12 -901. 2. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire I calls and /or the propertv code issues described in paragraph ( 1 12 -901 and 12- 911 to a level that qualifies for a regulff 1, II or III license._ The mitigation plan may include such steps as= changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, and security personnel, and time frame to implement all phases of the Crime Free, Housing Program. 3. 1. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire • cals incidences and/or propertv code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and -fife-ealls incidences and/or propertv code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire ea4s incidences and/or property code violations. . -- 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Section 12- 914. — TUNA?` T B ACKGROUND CRIME FREE HOUSING PROGRAM. For the pumose of this Chapter, the Crime Free Housing Program shall mean the, nationallv recognized program. unless otherwise indicated. The phases of the program include.. but are not limited to. the conditions set forth below. 1. Phase One. For license categories other than Tv_ pe 1. an owner, manager or local agent responsible for the operation of the rental property must complete the Phase 1 training of the crime -free housing program or a similar course approved by the Citv Manager. Certification as a rental property manager may also satisfv this reauirement. Phase I includes the following: a) Attend an eight -hour crime -free housing_ course presented by police, fire, public housing and others. b) Use a written lease including the Minnesota Crime Free Housin Lease Addendum. c) C heck the criminal background of al l prospective tenants and, upon request. provide a copy of Third Party Background Check procedures for Tenants. d) Act ively pursue the eviction of ten ants who violate the terms of the lease and/or the crime free lease addendum. 2. Phase Two. Includes Phase 1 plus the following: a) Complete a Securitv Assessment and complete the security improvements recommended. This phase will certifv that the rental prop_ ertv has met the securitv requirements for the tenant's safety. b) Attend a minimum of 25 percent of Owners/Managers Association Meetings. 3. Phase Three. Includes Phases 1 and 2 plus the following:, a) For properties with more than four units, conduct resident training annually for the residents where crime watch and crime prevention. • techniques are discussed. b) For properties with more than four units, hold regular resident meetings. c) Attend a minimum of 50 percent of Owners/Managers Association Meetings. , d) Have no City Code violations that were not resolved in accordance with. compliance orders within the past year. Section 12 -915. CRIME FREE /DRUG FREE HOUSING LEASE ADDENDUM, REOUIREMENTS All tenant leases. except for state licensed residential facilities, shall contain the Crime, Free/Druv Free Housing Lease Addendum., The Crime Free/Drua Free provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. These lease provisions shall be incorporated into every new an renewed_ l ease for a tenancv beginnin April 1.2010. _ -- _ _ -- Section 12 -916. TENANT BACKGROUND CHECKS. I. All licensees will conduct criminal background checks on all prospective tenants.. 18 years and older and any subsequent persons 18 years or older residing_ in the dwelling unit. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all pr-esp I tenantstenants who are 18 vears of age or older and persons subsequently I • residing in the dwelling unit who are 18 years of age or older (collectively I referred to in this section as "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 prespeetivetenant's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any prespeetive- -tenant in phis or her 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-pfespe 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 dem idjMuest by the City Manager or the City Manager's designee; I dufing oFmall bus n s s _ • (f) Licensees must have written exn_ lanation of screening criteria that is provided to the applicant. Section 12 -1001. ENFORCEMENT AND INSPECTION AUTHORITY. The City Manager and lithe Manager's designated agents shall be the compliance official who shall administer and enforce the provisions of this Or-diflaneeChapter and who is hereby authorized to cause inspections on a scheduled basis for rental dwelling units, and other buildings when reason exists to believe that a violation of this Or-dinaneeClinter has been or is being committed. Inspections shall be conducted during reasonable daylight heufs, times, and the compliance official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. Section 12 -1002. INSPECTION ACCESS. Pursuant to Minnesota Statutes Section 504B.211, the owner. manager or local agent is responsible for scheduling the inspection and notifying anv existing tenant of the inspection. The owner, manager or local agent, must provide access to the reauestin¢ city authorized agent at the scheduled inspection time or as recluested. Any owner, occupant, or other person in charge of a building may refuse to permit free access I and entry to the structure or premises under liisthat person's control for inspection pursuant to this Or-dinaneeChapter, whereupon the compliance official may seek a court order authorizing such inspection. • Section 12 -1003, INTEP W ITH DUT IES PROHIBITED. A person must not prevent, delay. provide false information or otherwise i nterfere with the compliance official. City Mana ger, or Manazer's designated_ ag ents while they are enga ged in the performance of the • I duties imposed by this Chapter. Section 12 -1101. UNFIT FOR HUMAN HABITATION. 1. Any building or portion thereof, that is damaged, decayed, dilapidated, insanitary, unsafe, vermin or rodent infested, or whic -h that lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any building or premises has been declared unfit for human habitation, the compliance official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling units shall be revoked. 2. It shall be unlawful for such building or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the compliance official. It shall be unlawful for any person to deface or remove the declaration placard from any such building. See ion 1 2 1 1 n7 SEC U P, UN FIT A 4D VACATED R UIL- DRI GS. Th l v%e ,- of any b u ildi ng ,-r' the r eo f- , =.1,_.,b, has bee dee "'- unfi r hurnan habitation, or wh ieh4s ether,N4se vaeant for- a period of 60 days E)r- more, sha4l make same safe and seeufe so giat i + h azai :d eus t th h ea lth, s.,f� +., a nd . ,olf ro of 3 �;ab�i:; a n e , ' A l e e e e s no ee n stitute „ „ An y vaea b,, iW ing upc1i at u w if 7 unguarded, shall be deemed to be a- haz=ard + +b, h 1 + a . l f e of th «„b,li a a a puli:iv itxhin the ; :°... ni gib e this Or and s hall be mad saf a o o vdia Section 12 -1103. HAZARDOUS BUILDING DECLARATION. In the event that a building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the building may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes. Section 12-1201.1201A. COMPLIANCE ORDER. Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this Chapter, a compliance order setting forth the violations of the Or-dinaneeChaoter and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this r'�anee Chapter. 3. Establish a reasonable time for the correction of such violation and notify of • appeal recourse. • 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b. Sent by 1 St class mail to his/her last known address; or C. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, w that is affected by the notice. Violations may be cited by the City and prosecuted, and license suspension, revocation or non - renewal may be undertaken by the City whether or not a compliance order has been issued. Section 12- 1201B. ACTION PLAN. The compliance official may reauire an action plan to be completed by the licensee. manager or local anent in a designated time frame that indicates the steps taken to correct identified violations and the measures to be taken to ensure ongoing compliance with citv ordinances and applicable codes. Section 12 -1202. RIGHT OF APPEAL. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this 9r-dinaneeChapter, such person may appeal the compliance order to the City Council • sitting as a board of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must be filed with the department of planning and inspection within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. Section 12 -1203. BOARD OF APPEALS DECISION. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any advice and recommendation from the advisory housing commission. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Section 12 -1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It shall be unlawful for the owner of any building, or portion thereof, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledging. Anyone securing an interest in the building, or portion thereof, who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice and shall be liable to all penalties and procedures provided by this Or- dinane Chabter. Section 12 -1205. PE-N ^ T TI c. FAILURE TO CORRECT COMPLIANCE ORDER.. • Any person who fails to comply with a compliance order afte - �� cal has e.ipi:aad-, and any person who fails to comply with a modified compliance order within the time set therein, upon conviction therefor shall be punish b a fi t to ..e one thousand dollars ($1,000 of-by impri�3nrrx@iit. - not to E-xe et-y -(90- days -9r : Ili th „" +" f preseet4ien-.-2uilty of a misdemeanor. bunishable in accordance with state law. Nothing in this Chanter however is deemed to limit other remedies or civil penalties available to the City under this code or state law. Each day of such failure to comply shall constitute a separate punishable offense. Section 12 -1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. _Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may, by resolution, following a hearing upon not less than ten (10) days notice to the landowner cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. Section 12 -1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the compliance official . determines that any building, or portion thereof, or the premises surrounding any of these fails to meet the requirements set forth in this O fdinaneeChaDter. the compliance official may issue a violation tag summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. Section 12 -1302. PENALTIES. ^ violating wiy of th " '' "' ^ "" of d1i this - Or - din c,, shall, up an eeFwiefi th ereo f b l tl. b P „ ; "1 ° a 1.,, fine ne t t exe e ed o thousand dollars ($1 by togeth ,<,;tl, th "t" of ire" °,.,,4eP Anv person or responsible party who violates sections 12- 101 through 12 -1402 is subiect to the penalty provided under section 12 -1205 of this code. Nothing in this Chap_ ter however is deemed to limit other remedies or civil penalties available to the City under this code or state law. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this OrdinaneeChapter designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this section because of failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 12 -1401. SEPARABILITY. Every section, provision, or part of this OFdinaneeChaDter is declared separable from every other section, provision, or part to the extent that if any section, provision or part of the Or-dinaneeChapter shall be held invalid, it shall not invalidate any other section, provision or part thereof. • Section 12 -1402. NO WARRANTY BY CITY. By enacting and undertaking to enforce this Chanter, neither the City, Citv Council, its agents nor emDlovees warrant or guaranty the safety, fitness or suitabilitv of anv Rental Dwelling or Rental Dwelling Unit in the Ci v. Owners and occupants should take aDmonriate steps to protect their interests, health. safetv and welfare. Section II. This Ordinance shall become effective _after adoption and upon thirty (30) days following its legal publication. [Underlined material is new. Stfieke material is deleted.] Adopted this day of , 2009. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication: • Effective Date: ATTACHMENT II- Proposed Code Amendment Indicating Final Appearance CHAPTER 12 — BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE Section 12 -101. PURPOSE. The purpose of this Chapter is to protect the public health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: 1. To protect the character and stability of all buildings and property within the City. 2. To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well -being of persons occupying buildings within Brooklyn Center. 3. To provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings. 4. To provide minimum standards for light and ventilation, necessary to health and safety. 5. To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit. • 6. To provide minimum standards for the maintenance of existing buildings, and to thus prevent slums and blight. 7. To preserve the value of land and buildings throughout the City. With respect to rental disputes, and except as otherwise specifically provided by the terms of this Chapter, it is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord that are not specifically and clearly relevant to the provisions of this Chapter. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. Neither in enacting this Chapter is it the intention of the City Council to interfere or permit interference with legal rights to personal privacy. Section 12 -102. APPLICABILITY OF ORDINANCE. Every building, as well as its premises, and all occupied premises within Brooklyn Center shall conform to the requirements of this Chapter, irrespective of when such building may have been constructed, altered, or repaired. Section 12 -201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Chapter where not otherwise defined within a section: 1. Approved — acceptable to the jurisdiction having authority and meeting all applicable codes. • 2. Accessory structure — a structure subordinate to the main or principal building that is not used nor authorized to be used for living or sleeping by human occupants and that is located on or partially on the premises. 3. BuildinLy — any structure used or intended for supporting or sheltering any use or occupancy. 4a. Compliance Official — the City Manager and the Manager's designated agents authorized to administer and enforce this Chapter. 4b. Disorderly Activities — any activities listed in Section 12 -911. 5. Dwelling — a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one - family dwellings, two - family dwellings, and multiple family dwellings; but not including hotels and motels. 6. Dwelling unit — a single residential accommodation that is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. . 7. Family — any of the following definitions shall apply: — Persons related by blood, marriage, or adoption, together with their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; —Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; —A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. 8. Flush water closet — an approved toilet, with a bowl and trap made in one piece that is connected to the City water and sewer system or other approved water supply and sewer system. 9. Garbage — putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habitable building — any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. • 11. Habitable room — a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet • compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 12. Heated water — water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. 13. Kitchen — a space that contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. 14. Multiple familv dwelling — a dwelling or portion thereof containing three or more dwelling units. 15. Nonresidential buildins — all buildings or structures other than dwellings or dwelling units. 16. Occupant — any person (including owner or operator) occupying any structure, building or part thereof, dwelling, dwelling unit, rooming unit or premise. 17. Operator — the owner or agent who has charge, care, control, or management of a building, or part thereof. 18. Owner — a person, agent, firm, or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate officers. 19. Permissible occupant load — the maximum number of persons permitted to occupy a building or space within a building. 20. Person — an individual, firm, partnership, association, corporation or joint venture or organization of any kind. 21. Plumbinp- — all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water .pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. 22. Premises — a platted lot or part thereof or unplatted parcel of land, either unoccupied or occupied by any structure thereon. i 23. Public Corridor — a hall, corridor or passageway for providing egress from an • occupied area to a public way and not within the exclusive control of one occupant. 24. Refuse — all putrescible and nonputrescible waste solids including garbage and rubbish. 25. Reinsvection — a follow -up inspection that is: a) conducted to determine if a code violation has been corrected; or b) needed because a licensee, owner or other responsible parry fails to attend a scheduled inspection; or c) needed because a scheduled inspection does not occur or is prevented due to any act of a licensee, owner or responsible parry; or d) any inspection other than the initial inspection for a license application where one or more violations are found. 26 Rental dwelling — The term "rental dwelling" means any occupied dwelling or dwelling unit that is not occupied by the owner of record regardless of compensation. The term includes any dwelling or dwelling unit occupied by a relative of the owner. 27. Repair — to restore to a sound and acceptable state of operation, serviceability or appearance. 28. Rodent harborage — any place where rodents can live, nest, or seek shelter. • 29. Rooming unit — any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 30. Rubbish — nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. 31. Safety — the condition of being reasonably free from danger and hazards that may cause accidents or disease. 31a. Single familv attached - includes a townhome, rowhouse, duplex or similar dwelling unit. 32. Structure — that is built or constructed, an edifice or building of any kind, or any piece of work artificially P built u or composed of parts joined together in some definite manner. 33. Substandard dwelling — any dwelling that does not conform to the minimum standards established by City Ordinances. S 34. Supplied — paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building. • 35. Tenant any person occupying any dwelling or having possession of a space within a dwelling who has the legal right to occupy the dwelling unit, where a legal owner does not reside. 3-56. Meaning of certain words — whenever the words "dwelling ", "dwelling unit ", "premises ", "building ", or "structure" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof'. Section 12 -301. RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or other person shall occupy or let another person occupy any building, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State of Minnesota and the City of Brooklyn Center, including the requirements of this Chapter. Section 12 -302. MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a building shall maintain in a clean, sanitary and safe condition, the shared or public areas of the building and premises thereof. Section 12 -303. MAINTENANCE OF OCCUPIED AREAS. All occupants of a building, shall maintain in a clean, sanitary and safe condition that part or those parts of the building, and premises thereof that she/he occupies and controls. Section 12 -304. STORAGE AND DISPOSAL OF RUBBISH. All occupants of a building shall store and dispose of all their rubbish in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Code of Ordinances. Section 12 -305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building shall store and dispose of all their garbage and any other organic waste that might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Code of Ordinances. Section 12 -306. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE, RUBBISH, AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or nonresidential building shall supply facilities for the sanitary and safe storage and disposal of rubbish and garbage. In the case of single- or two - family dwellings, it shall be the responsibility of the occupant to furnish such facilities. Every owner of a multifamily dwelling containing more than eight units must comply with the requirements of Section 7 -113 of the City Code of Ordinances. Section 12 -307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows whenever the same are required under the provisions of this Chapter, except where there is written agreement otherwise between the owner and occupant. Section 12 -308. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant • of a dwelling containing a single dwelling unit or an occupant of a no nresidential building containing a single unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwellin g P unit or an occupant of a nonresidential building containing more than one unit shall be responsible for such extermination whenever their unit is the only one infested. However, whenever infestation is caused by the failure of the owner to maintain a building in a reasonable rodent -proof or reasonable vermin -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the units in any building, extermination thereof shall be the responsibility of the owner. Whenever extermination is the responsibility of the owner, the extermination must be performed by a licensed pest control contractor. Section 12-309. RODENT HARB ORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of a building shall accumulate boxes, lumber, scrap metal, or any other similar materials in a manner that may provide a rodent harborage in or about any dwelling unit or building. Stored materials shall be stacked neatly. Section 12 -310. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a building shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials in a manner that may provide a rodent harborage in or about shared or public areas of a building or its premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly. • Section 12 -311. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a building shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Section 12 -312. SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant of a building shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Section 12 -313. MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms, and water closet compartments from September through May. Nonresidential buildings shall meet State of Minnesota regulations and statute requirements. Section 12 -314. REMOVAL OF SNOW AND ICE. Every occupant of a dwelling containing a single dwelling unit, and the owner of a multiple family dwelling or a nonresidential building shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises. Individual snowfalls of three inches or more, or successive • snowfalls accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more g to a de or successive snowfalls accumulating th of one inch, shall be P removed from steps p and walkways within eight hours after cessation of the snowfall. Section 12 -315. MINIMUM EXTERIOR LIGHTING. The owner of a building shall be responsible for providing and maintaining effective illumination in all exterior parking lots and walkways. Section 12 -316. MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a building shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants consistent with Chapter 35 of the City Code of Ordinances. Section 12 -317. MAINTENANCE OF YARDS. The owner of a building shall be responsible for providing and maintaining premises' yards consistent with Section 12 -711. Section 12 -401. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking, and eating therein, that does not comply with the following requirements. Section 12 -402. KITCHEN FACILITIES. Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked and that shall have adequate • circulation area, and that shall be equipped with the following: 1. An approved kitchen sink that is in good working condition and properly connected to an approved water supply system, that provides at all times an adequate amount of heated and unheated running water under pressure, and that is connected to an approved sewer system. 2. Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment, and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 3. A stove or similar device for cooking food, and a refrigerator or similar device for e properly the safe storage of food at or below 40 degrees Fahrenheit, that are installed with all necessary connections for safe, sanitary and efficient operation. Provided that such stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be rovided. • p Section 12 -403. TOILET FACILITIES. Within every dwelling unit there shall be a i nonhabitable room that is equipped with an approved flush water closet in good working condition. In a rental dwelling unit, such room shall have an entrance door that affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be connected to an approved sewer system. Section 12 -404. LAVATORY SINK. Within every dwelling unit there shall be an approved lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good properly ood working condition and shall be ro erly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to an approved sewer system. Section 12 -405. BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable room that is equipped with an approved bathtub or shower in good working condition. In a rental dwellin g unit, such room shall have an entrance door that affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and shall provide at all tunes an adequate amount of heated and unheated water un der pressure, and shall be connected to an approved sewer system. • AND BALCONIES. Section 12 -406. STAIRWAYS, PORCHES Every stairway, inside or outside of a dwelling and every porch or balcony, shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Uniform Building Code standards. Every deck, porch and balcony that is 30 inches or more above grade shall have a guardrail that conforms to the Uniform Building Code standards. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Section 12 -407. ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Section 12 -408. DOOR LOCKS. No owner shall occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be furnished with door locks as follows: 1. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings constructed after May 5, 1969, an approved security system shall be maintained for each multiple family building f to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead -latch type door locks shall be provided with lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of types that are permanently locked from the outside and permanently unlocked from the inside. 2. Every door that is designed to provide ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. Section 12 -501. MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, that does not comply with the following requirements. Section 12 -502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there is supplied some other device affording adequate ventilation and approved by the compliance official, every habitable room shall have at least one window facing directly outdoors that can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of 10% of the floor area of the room or ten square feet. One . half of the required window area shall be openable. Section 12 -503. NONHABITABLE ROOM VENTILATION. Every bathroom and water closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation requirement for habitable rooms contained in Section 12 -502, except that no windows shall be required if such rooms are equipped with a ventilation system that is approved by the compliance official. Section 12 -504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures that are properly installed, maintained in good and safe working conditions, and connected to a source of electric power in a manner prescribed by the Ordinances, rules and regulations of the City of Brooklyn Center and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: 1. Dwellings containing one or two dwelling units shall have at least the equivalent of 60- ampere, three -wire electric service per dwelling unit. 2. Dwelling units shall have at least one branch electric circuit for each 600 square feet of dwelling unit floor area. 3. Every habitable room shall have at least one floor or wall -type electric • convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two such electric outlets provided, however, that one • ceiling or wall -type light fixture may be supplied in lieu of one required electric outlet. 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall -type electric light fixture and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. 5. Every public corridor and stairway in every multiple family dwelling shall be adequately lighted by natural or electric light at all times at one foot candle at floor level, so as to provide effective illumination in all parts thereof. Every public corridor and stairway in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system that may be turned on when needed, instead of full -time lighting. 6. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. Section 12 -601. MINIMUM THERMAL STANDARDS. No person shall occupy as owner, or occupant, or let to another for occupancy, any building or portion thereof, that does not have heating facilities that are properly installed, and that are maintained in safe and good • working condition, and that are capable of safely and adequately heating all habitable rooms, bathroom, and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, at a distance of three feet above floor level and three feet from exterior walls. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirements of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 12 -701. GENERAL REQUIREMENTS. No person shall occupy as owner, or occupant, or let to another for occupancy, any building or portion thereof that does not comply with the following requirements, unless specifically exempt. Section 12 -702. FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation, exterior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition that might admit rain or dampness to the interior portion of the walls or to the exterior spaces of the building. The roof shall be tight and have no defects that admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All exterior wood surfaces, is other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. If the exterior surface is unpainted or determined by the • compliance official to be paint blistered, the surface shall be painted. If the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. Section 12 -703. WINDOWS, DOORS AND SCREENS. Every window, exterior door, and other exterior openings shall be substantially tight and shall be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin and rodents from entering the building. Every openable window shall be supplied with 16 -mesh screens during the insect season, and shall be equipped with an approved lock if located less than six feet above adjacent grade. Section 12 -704. FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes and large cracks and loose plaster and shall be maintained in a tight, weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. The floor of every toilet room, bathroom, and kitchen shall have a smooth, hard, nonabsorbent surface and shall be capable of being easily maintained in a clean and sanitary condition. Section 12 -705. RODENT PROOF. Every structure and the premises upon which it is located shall be maintained in a rodent -free and rodent -proof condition. All openings in the • exterior walls, foundations, basements, ground or first floors, and roofs that have a 1/2" diameter or larger opening shall be rodent - proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. Section 12 -706. FENCE MAINTENANCE. All fences shall consist of metal, wood, masonry, or other decay resistant material. Fences shall be maintained in good condition both in appearance and in structure. Wood material decay other than , shall be Y resistant varieties P g Y Y protected against decay b use of paint or other preservatives. Paint shall be maintained consistent with Section 12 -702. Section 12 -707. ACCESSORY STRUCTURE MAINTENANCE. Accessory structures or buildings shall be structurally sound and maintained in good repair and appearance. The exterior of such structures shall be made weather resistant through the use of decay - resistant materials such as paint or other preservatives. Paint shall be maintained consistent with Section 12 -702. Section 12 -708. SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wall, ceilings, inside and outside stair, every porch and balcony, and every appurtenance loads required b the urtenance thereto shall be safe to use and capable of supporting q y pp p occupancy. . Section 12 -709. FACILITIES TO FUNCTION. Every supplied facility, piece of equipment or utility required under the City Code of Ordinances and every chimney and flue • shall be installed and maintained and shall function effectively in a safe, sound, and working condition. Section 12 -710. GRADING AND DRAINAGE. During the period May through October every yard, court, passageway, and other portions of the premises on which a building stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Section 12 -711. YARD COVER. Every yard of a premises on which a building stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and such yard shall be maintained consistent with prevailing community standards. Nonresidential sites shall be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system. Section 12 -712. DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator, or occupant shall cause any service, facility, equipment or utility that is required under this Chapter, to be removed from or shut off from or discontinued for any occupied building or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Section 12 -713. SCREENING. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. Section 12 -801. MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein that does not comply with the following requirements. Section 12 -802. PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners occupying a dwelling unit prior to June 1, 1975, the maximum permissible occupancy of any dwelling unit shall be determined as follows: 1. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. Section 12 -803. ONE FAMILY PER DWELLING UNIT. Not more than one family, except for temporary guests, shall occupy a dwelling unit. Section 12 -804. MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear ceiling height of not less than seven feet, six inches, except that in attics or top - half stories used for sleeping, study, or similar activities, the ceiling height shall be not less than seven feet six inches over at least one -half of the floor area. In calculating the floor area of such • rooms in attics or top -half stories, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included. I Section 12 -805. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit built after 1940 and containing two or more sleeping rooms shall have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be gained only by going through another sleeping room room can be gained only nor shall the room arrangement be such that access to a sleeping g y g P by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar or to the exterior of any dwelling unit. Section 12 -900. PURPOSE. It is the purpose of this Chapter to assure that rental housing in the City is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the City who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; free 'table for raisin f persons and security of property; and sui from unreasonable fears about safety o pe so ty g children. Section 12 -901. LICENSING OF RENTAL UNITS. • 1. License Required. a) No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center. A license will be granted as Type I, Type II, Type III or Type IV Provisional based on criteria recommended by the City Manager and approved by the City Council. b) Exceptions. No license shall be required under the following circumstances: (1) A single family dwelling or a dwelling unit in a duplex occupied by the building owner for a minimum of six months per calendar year. (2) Rented rooms within an owner occupied dwelling unit. () 3 A residential property Y owned b a "snowbird" where the property is rented to another P erson fora period of less than 120 consecutive days while the owner is residing out of the State of Minnesota. The owner must occupy the property during the remainder of the year. (4) Unoccupied dwelling units that have been issued a Vacant Building Registration. 2. License Term. Licenses will be issued for a time period according to the license type as indicated in Diagram 1. All licenses may be reviewed at any time after the beginning of the license term to determine whether the property continues to have the appropriate Type license. r Dia g ram I. Licensing Licensing Min. Inspection Crime Free Housing Plans • Category Period Frequency Type I 3 year Min. 1 time in 3 years, Phase I Recommended upon request or as needed as determined by city Type II 2 year Min. 1 time in 2 years, Phase I Required upon request or as needed as determined by city Type III 1 year Min. 1 time per year, Phase I, II Required Action Plan upon request or as Required needed as determined by city Type IV 6 Months Min. every 6 months, Phase 1, II and III Mitigation Plan Provisional upon request or as Required Required needed as determined by city, or as otherwise specified by Mitigation Plan 3. New Licenses. Properties that have legally not been required to have a rental • license due to new construction or a change from owner- occupied to rental will qualify for a Type II License. Properties found operating without a valid rental license from the city or failing to meet city code requirements, or that have been the subject of enforcement actions such as criminal prosecution or civil penalties for violation of this Chapter, will only qualify for a Type III license. 4. License Renewals. All rental properties are subject to review and may be required to apply and qualify for a different license Type based on the level of compliance with city codes and applicable regulations. 5. Failure to Meet License Cateeory Reurrements. At any time during a license period, if a rental property does not meet or exceed the criteria established for the current license Type the license may be brought forth to the City Council for consideration of license suspension, revocation and/or license Type review. 6. Tvne IV Provisional Licenses. Rental properties under Type IV Provisional Licensing must meet the requirements set forth in Section 12 -913. 7. License Catesory Criteria. License type will be determined on the basis of established criteria based on Police incidents and property code and nuisance violations as recommended by the City Manager and approved by the City Council. • a) Police Incidents. Frequency of police calls will be based on the average number of valid police calls per unit. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911 and events categorized as part one crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). b) Property Code and Nuisance Violations. Standards for property maintenance will be based on compliance with city and other applicable codes as determined through inspections and investigations. 8. License Process and Renewal a) License renewals shall be filed at least 90 days prior to the license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12 -902, the Compliance official shall schedule an inspection. b) No application for an initial license shall be submitted to the City Council until the Compliance official has determined that all life, health safety violations or discrepancies have been corrected. In cases where a weather deferral for repairs has been granted by the Compliance Official, the license may be brought forward for consideration of granting a license conditioned on completing repairs. i c) Incomplete Applications or Process. If the license application is incomplete, p , or the applicant does not meet the requirements of the licensing process within 120 days of the submittal date the a p p lication will be canceled. y � pP 9. Condition of License. Licensees with three or more units must be current on the payment of all utility fees, taxes, and assessments, fines, or penalties or other financial claims due to the city on the licensed property and any other rental real property in the City owned by the license holder at all times. Licensees with less than three units must be current on the payment of all utility fees, taxes, assessments, fines, penalties or other financial claims due to the city due on the licensed property and any other rental real property in the City owned by the license holder prior to issuance or renewal of a license. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or • any portion thereof that remain unpaid for a period exceeding one (1) year after becoming due. • Section 12 -902. LICENSE FEES. License fees, as set forth by City Council resolution, shall be due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees shall be due at the time of application. 1. Residential Rental Conversion Fee. When a residential single family home or single family attached property is converted to a rental property, the owner or applicant shall pay a conversion fee as established by City Council resolution. The rental conversion fee also applies to residential properties registered as vacant properties. 2. License Fees. Delinauent Davments. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings. Once issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee. Upon revocation or suspension of a license or if the applicant withdraws an application, in the case of an incomplete application or process, or if an application is cancelled, the fee is nonrefundable. 3. ReinsDection fees. All reinspection fees are set by City Council resolution. If the reinspection is being performed as part of the licensing process, fee(s) must be paid prior to the time of license issuance or renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. If a reinspection fee or any portion is not paid within 60 days after • billing, or within 60 days after any appeal becomes final, the City Council may certify the unpaid cost against the property in accordance with the process set forth in Section 19 -105 of this code. Section 12 -903. OWNER OR AGENT TO APPLY. License application or renewal shall be made by the owner of rental units or the owner's legally constituted agent. Application forms may be acquired from and subsequently filed with the compliance official.. The applicant shall supply: 1. First, middle (if any), and last name, address, date of birth, telephone number, and email address of dwelling owner, owning partners if a partnership, corporate officers if a corporation. 2. Name, address, telephone number, and email address of designated resident agent, if any. 3. Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed. 4. Legal address of the dwelling. • 5. Number of dwelling units within the dwelling. . 6. Description of procedure through which tenant inquiries and complaints are to be processed. 7. Status of utility fees, property taxes, and other assessments on the dwelling and other rental real property in the city owned by the applicant. 8. The number of tenants. 9. The legal name of the designated local agent. 10. At least one 24 -hour property contact information for an available property owner, resident agent, or other designated responsible agent. 11. Any other information as requested by the city. Every person holding an operating license shall give notice in writing to the compliance official within ten business days after any change of this information. Depending on the nature of changes, the City may require a new property inspection. Notice of transfer of ownership shall be as described in Section 12 -908. Section 12 -904. LOCAL AGENT REQUIRED. 1. Local Aizent. No operating license shall be issued or renewed for a nonresident • owner of rental dwelling units (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the compliance official the name of the owner's local agent (one who does reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City Code of Ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or process pursuant to law. The compliance official shall be notified in writing of any change of resident agent. 2. Responsibility for Acts of Manaser. Operator, or Local Aeent. Licensees are responsible for the acts or omissions of their managers, operators, local agent or other authorized representative. Section 12 -905. CONFORMANCE TO LAWS. No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the Code of Ordinances of Brooklyn Center and the laws of the State of Minnesota. Section 12 -906. LICENSE INSPECTION REQUIRED. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections . pursuant to Section 12 -1001. Section 12 -907. POSTING OF LICENSE. Every licensee of a rental dwelling with more • than four units shall conspicuously post the current license certificate in the main entryway or other conspicuous location. For rental dwellings of four or fewer units, the licensee must provide a copy of the license certificate to each tenant by attaching a copy to the tenant's copy of the executed lease agreement. Section 12 -908. LICENSE NOT TRANSFERABLE. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the compliance official within ten (10) business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. Section 12 -909. OCCUPANCY REGISTER REQUIRED. 1. Every owner of a licensed rental dwelling shall keep, or cause to be kept, a current register of occupancy for each dwelling unit that provides the following information: a. Dwelling unit address. b. Number of bedrooms in dwelling unit and the maximum number of occupants. C. Legal names and date of birth of adult occupants and number of adults and • children (under 18 years of age) currently occupying the dwelling units. d. Dates renters occupied and vacated dwelling units. e. A chronological list of complaints and ' requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this Code of Ordinances. f. A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copying by the compliance official at all reasonable times. 2. All nonresidential properties (commercial, industrial, and similar) hall keep, p, or cause to be kept, a current register of occupancy for each building that provides the following: a. Building address. b. List of all tenants occupying building. C. Nature of business conducted by each tenant in building. • d. Contact P erson for each tenant. • e. Gross floor area leased by each tenant. Such register shall be made available for viewing or copying by the compliance official at all reasonable times. Section 12 -910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON - RENEWAL. 1. Annlicability. Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. Unoccubied or Vacated Rental Units. In the event that a license is suspended, of revoked or not renewed by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. 3. Grounds for License Action. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements, misrepresentations or fraudulent statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application fee, fine or penalty, reinspection fees, of reinstatement fee, special assessments, real estate taxes, or other financial claims due to the city as required by this Chapter and City Council resolution. C. failure to continuously comply with any property maintenance, zoning, health, building, nuisance or other city codes; or failure to correct deficiencies noted in Compliance Notices in the time specified in the notice. d. failure to comply with the provisions of an approved mitigation plan or not submitting an action plan as required. e. failure to qualify for the type of license held or applied for f. excessive police calls for service in accordance with criteria determined by the City Manager and approved by the City Council, based on the number and nature of the calls when, after owner notification, the owner has failed to supply an appropriate written action plan to reduce the police calls for i service g. failure to actively pursue the eviction of tenants who have violated the provision of this Chapter or crime free lease addendum or have otherwise created a public nuisance in violation of city, state or applicable laws. h. the failure to eliminate imminent health and life safety hazards as determined by the city, or its authorized representatives. i. Conviction of any crime related to the business or entity licensed and failure to show by competent evidence the rehabilitation and ability to perform the duties of the business. j. The abandonment of the property by the property owner as determined by the inability to make contact with the owner or his/her manager or local agent due to inaccurate or invalid contact information. k. failure to operate or maintain the licensed premises in conformity with all applicable state and local laws and Ordinances. 5. License Action Sections. Revocation, suspension and non - renewal may be brought under either this Section or Section 12 -911, or both. 6. Notification. Hearing and Decision Basis. • a. Written Notice. Hearins. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license. b. Decision Basis. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. 7. Affected Facilitv. The Council may suspend or revoke a license or not renew a license for part or all of a facility. 8. License Actions, Reannlication. a. Suspension. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. b. Revocation, Denial. Nonrenewal. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and • complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. C. Reinstatement Fees. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. 9. Written Decision. Compliance. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re -let or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non- . renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non - renewal specified in the City Council's written decision or in paragraph 8 of this Section. 10. New Licenses Prohibited. A person who has a rental license revoked may not receive a rental license for another property within the city for a period of one year from the date of revocation. The person may continue to operate other currently licensed rental properties if the properties are maintained in compliance with city codes and other applicable regulations. Section 12 -911. CONDUCT ON LICENSED PREMISES. 1. Conduct, Disorderly Activities, Nuisances Defined. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Chapter, disorderly activities are considered nuisances and defined as follows: a. Noise — cars /dogs City Ordinance 1 -110- horns /radios — City Code Sections 19 -1201, 02, 03. . b. Violation of Section 19 -1121 (Unlawful Possession, Delivery or Purchase) or violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4, and drug paraphernalia as defined in Minnesota Statutes, Section 152.092. C. Public disturbance —City Code, Section 19 -202 d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. e. Violation of laws relating to gambling. f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. p p g• weapon. Unlawful use or possession of a on. Violation of Minnesota Statutes, Sections 609.66, Subdivision la, 609.67, 609.02, Subdivision 6 or 624.713, and City Code Section 19 -402. h. Loud parties /persons — City Code Section 19 -1201 i. Fights — City Code Section 19 -203 j. Allowing curfew /status offenses /underage drinking — City Code Sections 19 -301 and 19 -304. k. Disorderly conduct (Minn. Stat., Section 609.72) 1. Property damage — City Code Section 19 -211 m. Assaults 5th degree non - domestic — City Code Section 19 -204 n. Interference with a peace officer (Minn, Stat., Section 609.50) o. Unlawful assembly (Minn Stat., Section 609.705) City Code Section 19 -1105 P. Presence at unlawful assembly (Minn. Stat., Section 609.175) q. Terrorist threats (Minn. Stat., Section 609.713) r. Loitering — City Code Section 19 -201 2. Violations, Actions. Upon determination by the City Manager or the Manager's authorized designee that a licensed premises was used in a disorderly manner, as described in paragraph 1, the City Manager shall take the following actions: a) For a first instance of disorderly use of licensed premise- a notice shall be provided to the licensee of the violation directing the licensee to take steps to prevent further violations. i b) If a second instance of disorderly use of the licensed premises occurs within a twelve (12) month time period for the same tenancy, the City Manager or the Manager's authorized designee shall notify the licensee of the violation and require the licensee to submit a written report of the actions taken, and proposed actions to be taken by the licensee to prevent further disorderly use of the premises. The licensee shall submit a written report to the City Manager or the Manager's authorized designee within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises. c) If a third instance of disorderly use of the licensed premises occurs within a twelve (12) month time period from the first disorderly violation for the same tenancy, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Manager or the Manager's authorized designee who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation suspension or nonrenewal. The written notice shall specify all violations of this section, and shall state the date, time, place and purpose of the hearing. 3. Hearing. The hearing shall be held no less than ten (10) days and no more than • forty -five (45) days after giving such notice. Following the hearing, the council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. 4. Eviction Actions. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 5. Determining Disorderly Conduct. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of . disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. • 6. Notices. All notices given by the City under this section shall be personally served on the licensee, sent by First Class mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. 7. Enforcement. Enforcement actions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, guests or the licensed premises as is authorized by this Code or state law. Section 12 -912A. NO RETALIATION. No licensee shall evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. Section 12 -912B. FALSELY REPORTING VIOLATIONS. No person shall report a violation of this Chapter or city ordinance knowing or having reason to know that the report is false with the intent to affect the licensing status or inspection schedule of the property. Section 12 -912C. TENANT RESPONSIBILITIES.. • 1. Access to Premise. When required by Minnesota Statutes, each tenant or occupant of a rental dwelling must give the owner, owner's representative or authorized city official access to any part of such rental dwelling at reasonable times for the purpose of inspection, maintenance, repairs or alterations as are necessary to comply with the provision of this Chapter. 2. Compliance with Regulations. A tenant must comply with applicable city codes and all applicable local, state and federal regulations. A tenant is responsible for applicable property code, nuisance and violations of disorderly conduct as specified in Section 12 -911 that occur on the property, including violations committed by household members or guests. Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1 properties that meet the provisional licensing criteria as described in 1. Renta r pope p g Section 12 -901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police calls and incidents and applicable property code violations as described in 12 -901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property code issues described in 12 -901 and 12 -911 to a level that • qualifies for a Type I, II or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation • plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Section 12 -914. CRIME FREE HOUSING PROGRAM., For the purpose of this Chapter, the Crime Free Housing Program shall mean the nationally recognized program, unless otherwise indicated. The phases of the program include, but are not limited to, the conditions set forth below. 1. Phase One. For license categories other than Type I, an owner, manager or local agent responsible for the operation of the rental property must complete the Phase I training of the crime -free housing program or a similar course approved by the City Manager. Certification as a rental property manager may also satisfy this requirement. Phase I includes the following: a) Attend an eight -hour crime -free housing course presented by police, fire, public housing and others. b) Use a written lease including the Minnesota Crime Free Housing Lease Addendum. c) Check the criminal background of all prospective tenants and, upon request, provide a copy of Third Party Background Check procedures for . Tenants. d) Actively pursue the eviction of tenants who violate the terms of the lease • and/or the crime free lease addendum. 2. Phase Two. Includes Phase 1 plus the following: a Complete a Security Assessment and complete the security improvements recommended. This phase will certify that the rental property has met the security requirements for the tenant's safety. b) Attend a minimum of 25 percent of Owners/Managers Association Meetings. 3. Phase Three. Includes Phases 1 and 2 plus the following: a) For properties with more than four units, conduct resident training annually for the residents where crime watch and crime prevention techniques are discussed. b) For properties with more than four units, hold regular resident meetings. c) Attend a minimum of 50 percent of Owners/Managers Association Meetings. d) Have no City Code violations that were not resolved in accordance with compliance orders within the past year. Section 12 -915. CRIME FREE/DRUG FREE HOUSING LEASE ADDENDUM REQUIREMENTS • All tenant leases, except for state licensed residential facilities, shall contain the Crime Free/Drug Free Housing Lease Addendum. The Crime Free/Drug Free provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. These lease provisions shall be incorporated into every new and renewed lease for a tenancy beginning April 1, 2010. Section 12 -916. TENANT BACKGROUND CHECKS. 1. All licensees will conduct criminal background checks on all prospective tenants 18 years and older and any subsequent persons 18 years or older residing in the dwelling unit. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all tenants who are 18 years of age or older and persons subsequently residing in the dwelling unit who are 18 years of age or older (collectively referred to in this section as "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 tenant's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any tenant in his or her previous state-a 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 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 request by the City Manager or the City Manager's designee. (f) Licensees must have written explanation of screening criteria that is provided to the applicant. Section 12 -1001. ENFORCEMENT AND INSPECTION AUTHORITY. The City Manager and the Manager's designated agents shall be the compliance official who shall administer and enforce the provisions of this Chapter and who is hereby authorized to cause inspections on a scheduled basis for rental dwelling units, and other buildings when reason exists to believe that a violation of this Chapter has been or is being committed. Inspections shall be conducted during reasonable times, and the compliance official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. Section 12 -1002. INSPECTION ACCESS. Pursuant to Minnesota Statutes Section 504B.211, the owner, manager or local agent is responsible for scheduling the inspection and notifying any existing tenant of the inspection. The owner, manager or local agent, must provide access to the requesting city authorized agent at the scheduled inspection time or as requested. Any owner, occupant, or other person in charge of a building may refuse to permit free access and entry to the structure or premises under that person's control for inspection pursuant to this Chapter, whereupon the compliance official may seek a court order authorizing such inspection. Section 12 -1003. INTERFERENCE WITH DUTIES PROHIBITED. A person must not prevent, delay, provide false information or otherwise interfere with the compliance official, City Manager, or Manager's designated agents while they are engaged in the performance of the duties imposed by this Chapter. Section 12 -1101. UNFIT FOR HUMAN HABITATION. 1. Any building or portion thereof, that is damaged, decayed, dilapidated, insanitary, unsafe, vermin or rodent infested, or that lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any building or premises has been declared unfit for human habitation, the compliance official shall order same vacated within a reasonable time and shall post a placard on same indicating that • it is unfit for human habitation, and any operating license previously issued for such dwelling units shall be revoked. • 2. It shall be unlawful for such building or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the compliance official. It shall be unlawful for any person to deface or remove the declaration placard from any such building. Section 12 -1103. HAZARDOUS BUILDING DECLARATION. In the event that a building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the building may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes. Section 12- 1201A. COMPLIANCE ORDER. Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this Chapter, a compliance order setting forth the violations of the Chapter and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this Chapter. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b. Sent by 1 St class mail to his/her last known address; or C. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, that is affected by the notice. Violations may be cited by the City and prosecuted, and license suspension, revocation or non - renewal may be undertaken by the City whether or not a compliance order has been issued. Section 12- 1201B. ACTION PLAN. The compliance official may require an action plan to be completed by the licensee, manager or local agent in a designated time frame that indicates the steps taken to correct identified violations and the measures to be taken to ensure ongoing compliance with city ordinances and applicable codes. Section 12 -1202. RIGHT OF APPEAL. When it is alleged by any person to whom a • compliance order is directed that such compliance order is based upon erroneous interpretation of this Chapter, such person may appeal the compliance order to the City Council sitting as a . board of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must be filed with the department of planning and inspection within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause immin peril to life, health, or property. Section 12 -1203. BOARD OF APPEALS DECISION. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any advice and recommendation from the advisory housing commission. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Section 12 -1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It shall be unlawful for the owner of any building, or portion thereof, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledging. Anyone securing an interest in the building, or portion thereof, who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice and shall be liable to all penalties and procedures provided by this Chapter. • Section 12 -1205. FAILURE TO CORRECT COMPLIANCE ORDER. Any person who fails to comply with a compliance order and any person who fails to comply with a modified compliance order within the time set therein, upon conviction therefor shall be guilty of a misdemeanor, punishable in accordance with state law. Nothing in this Chapter however is deemed to limit other remedies or civil penalties available to the City under this code or state law. Each day of such failure to comply shall constitute a separate punishable offense. Section 12 -1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may, by resolution, following a hearing upon not less than ten (10) days notice to the landowner cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. Section 12 -1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the compliance official determines that any building, or portion thereof, or the premises surrounding any of these fails to meet the requirements set forth in this Chapter, the compliance official may issue a violation tag summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. or responsible who violates sections Section 12 1302. PENALTIES. Any person p party 12 -101 through 12 -1402 is subject to the penalty provided under section 12 -1205 of this code. Nothing in this Chapter however is deemed to limit other remedies or civil penalties available to the City under this code or state law. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this section because of failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 12 -1401. SEPARABILITY. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part to the extent that if any section; provision or part of the Ordinance shall be held invalid, it shall not invalidate any other section, provision or part thereof. • • ATTACHMENT III- Proposed Code Amendment Indicating Various Revisions Updated Revision (Draft 12- 14 -09) underline means addition, double underline means items added since Council Work Session (10- 12 -09) (Excent where it denotes section heading or word in definition section) CHAPTER 12 — BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE Section 12 -101. PURPOSE. The purpose of this Chanter is to protect the public health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: 1. To protect the character and stability of all buildings and property within the City. 2. To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well -being of persons occupying buildings within Brooklyn Center. s 3. To provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings. 4. To provide minimum standards for light and ventilation, necessary to health and safety. il 5. To prevent the overcrowding of dwellings by providing minimums p ace standards per occupant for each dwelling unit. 6. To P rovide minimum standards for the maintenance of existing buildings, and to thus prevent slums and blight. 7. To preserve the value of land and buildings throughout gh the Ci and except as otherwise specifically provided b With respect to rental disputes, p p Y P Y the terms of this Chanter it is not the intention of the City Council to intrude upon the I � fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive are not specifically and clea relevant to the to complaints from tenant or landlord that �rieh p y y provisions of this Chanter . In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. Neither in enacting his Chanter . tY g g is it the intention of the City Council to interfere or permit interference with legal • rights to personal privacy. Section 12 -102. APPLICABILITY OF ORDINANCE. Every building, as well as its premises, and all occupied premises within Brooklyn Center shall conform to the requirements of this Chanter , irrespective of when such building may have been constructed, altered, or repaired. Section 12 -201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Chapter where not otherwise defined within a section: 1. Approved — acceptable to the jurisdiction having authority and meeting all applicable codes. 2. Accessory structure — a structure subordinate to the main or principal building that is not used nor authorized to be used for living or sleeping by human occupants and that is located on or partially on the premises. 3. Building — any structure used or intended for supporting or sheltering any use or occupancy. 4. Compliance Official — the City Manager and the Manager's igs designated agents • authorized to administer and enforce this Chanter �. 4b. Disorderlv Activities- anv activities listed in Section 12 -911. 5. Dwelling — a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one - family dwellings, two - family dwellings, and multiple family dwellings; but not including hotels and motels. 6. Dwelling unit — a single residential accommodation that *44@h is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. 7. Family — any of the following definitions shall apply: r pEersons related by blood, marriage, or adoption, together with iis ef their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; —Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. 8. Flush water closet — an approved toilet, with a bowl and trap made in one piece, that w4i@h is connected to the City water and sewer system or other approved water supply and sewer system. 9. Garbage — putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habitable building, — any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. 11. Habitable room — a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 12. Heated water — water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, . measured at faucet outlet. 13. Kitchen — a space that contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. 14. Multiple familv dwelling — a dwelling or portion thereof containing three or more dwelling units. 15. Nonresidential building — all okl4ff buildings or structures other than dwellings or dwelling units. 16. Occupant — any person (including owner or operator) occupying any structure, building or part thereof, dwelling, dwelling unit, rooming unit or premise. 17. Operator — the owner or agent who has charge, care, control, or management of a building, or part thereof. 18. Owner — a person, agent, firm, or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate officers. 19. Permissible occupant load — the maximum number of persons permitted to occupy a building or space within a building. . 20. Person — an individual, firm, partnership, association, corporation or joint venture or organization of any kind. 21. Plumbing, — all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. 22. Premises — a platted lot or part thereof or unplatted parcel of land, either unoccupied or occupied by any structure thereon. 23. Public Corridor — a hall, corridor or passageway for providing egress from an occupied area to a public way and not within the exclusive control of one occupant. 24. Refuse — all putrescible and nonputrescible waste solids including garbage and rubbish. 25. Reinspection — a follow -up inspection that is: al conducted to determine if a code violation has been corrected; or bl needed because a licensee, owner or other responsible parry fails to attend a scheduled inspection; or cl needed because a scheduled inspection tkat does not occur or is prevented due to any act of a licensee, owner or responsible party; or dl anv inspection other than the initial ins pection for a license applicatio where one or more violations are found. " —a 26 Rental dwelling or-dwell — a dwelling dwelling , n R W f ,.e„+ ci leas_ The term "rental dwelling" means anv occupied dwelling or dwelling unit that is not occupied by the owner of record regardless of compensation. The term includes anv dwelling or dwelling unit occupied by a relative of the owner. 27. Repair — to restore to a sound and acceptable state of operation, serviceability or appearance. 28. Rodent harborage — any place where rodents can live, nest, or seek shelter. 29. Rooming unit — any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 30. Rubbish — nonputrescible solid wastes consisting of both combustible and O noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. 31a. Safe — the condition of being reasonably free from danger and hazards that whigh may cause accidents or disease. 3 Lb. Single familv attached - includes a townhome, rowhouse, duplex or similar, dwelling unit 32. Structure — that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 33. Substandard dwelling, — any dwelling that vAg4A does not conform to the minimum standards established by City Ordinances. 34. Supplied — paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building. 35. Tenant- anv Derson occupving anv dwelling or havins possession of a space . within a dwelling who has the legal right to occuDV the dwelling unit, where a legal owner does not reside. 3-56. Meaning of certain words — whenever the words "dwelling ", "dwelling unit ", "premises ", "building ", or "structure" are used in this Chanter , they shall be construed as though they were followed by the words "or any part thereof'. Section 12 -301. RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or other person shall occupy or let another person occupy any building, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State of Minnesota and the City of Brooklyn Center, including the requirements of this Chapter. Section 12 -302. MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a building shall maintain in a clean, sanitary and safe condition, the shared or public areas of the building and premises thereof. Section 12 -303. MAINTENANCE OF OCCUPIED AREAS. All occupants of a building, shall maintain in a clean, sanitary and safe condition that part or those parts of the building, and premises thereof that she/he occupies and controls. Section 12 -304. STORAGE AND DISPOSAL OF RUBBISH. All occupants of a building, shall store and dispose of all their rubbish in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Code of Ordinances. Section 12 -305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building, shall store and dispose of all their garbage and any other organic waste that might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Code of Ordinances. • Section 12 -306. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE, RUBBISH, AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or nonresidential building shall supply facilities for the sanitary and safe storage and disposal of rubbish and garbage. In the case of single- or two - family dwellings, it shall be the responsibility of the occupant to furnish such facilities. Every owner of a multifamily dwelling containing more than eight units must comply with the requirements of Section 7 -113 of the City Code of Ordinances. Section 12 -307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and. storm windows whenever the same are required under the provisions of this Chanter , except where there is written agreement otherwise between the owner and occupant. Section 12 -308. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a dwelling containing a single dwelling unit or an occupant of a nonresidential building containing a single unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit or an occupant of a nonresidential building containing more than one unit shall be responsible for such extermination whenever their unit is the only one infested. Hhowever, whenever infestation is caused by the failure of the owner to maintain a building in a reasonable rodent -proof or reasonable vermin -proof condition, • extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the units in any building, extermination thereof shall be the responsibility of the owner. Whenever extermination is the responsibility of the owner, the extermination must be performed by a licensed pest control contractor. Section 12 -309. RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of a building shall accumulate boxes, lumber, scrap metal, or any other similar materials in owk a manner that may provide a rodent harborage in or about any dwelling unit or building. Stored materials shall be stacked neatly. Section 12 -310. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a building shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials in a manner that may provide a rodent harborage in or about shared or public areas of a building or its premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly. Section 12 -311. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a building shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Section 12 -312. SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant of a building shall keep all supplied fixtures and facilities therein in a clean and • sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. • Section 12 -313. MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms, and water closet compartments from September through May. Nonresidential buildings shall meet State of Minnesota regulations and statute requirements. Section 12 -314. REMOVAL OF SNOW AND ICE. Every occupant of a dwelling containing a single dwelling unit, and the owner of a multiple family dwelling or a nonresidential building shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after cessation of the snowfall. Section 12 -315. MINIMUM EXTERIOR LIGHTING. The owner of a building shall be responsible for providing and maintaining effective illumination in all exterior parking lots and walkways. Section 12 -316. MAINTENANCE OF DRIVING AND PARKING AREAS. The owner • of a building shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants consistent with Chapter 35 of the City Code of Ordinances. Section 12 -317. MAINTENANCE OF YARDS. The owner of a building shall be responsible for providing and maintaining premises' yards consistent with Section 12 -711. Section 12 -401. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any dwelling r dwelling unit for the purposes of living, sleeping, cooking, and eating therein, that g g pm'P g p — does not comply with the following requirements. Section 12 -402. KITCHEN FACILITIES. Every dwelling unit shall have a room or p ortion of a room in which food may be prepared and � shall have p Y aced and/or that P p adequate circulation area, and that wl"h shall be equipped with the following: 1. An approved kitchen sink that i s in good working condition and properly connected to an approved water supply system that provides at all times an adequate amount of heated and unheated running water under pressure, and that — is connected to an approved sewer system. 2. Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment, and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or • shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 3. A stove or similar device for cooking food, and a refrigerator or similar device for the safe storage of food at or below 40 degrees Fahrenheit, that are properly installed with all necessary connections for safe, sanitary and efficient operation. Provided that such stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. Section 12 -403. TOILET FACILITIES. Within every dwelling unit there shall be a nonhabitable room that is equipped with an approved flush water closet in good working condition. In a rental dwelling unit, such room shall have an entrance door that affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of runnin water under pressure to cause the water closet to be operated properly, and shall be connected to an approved sewer system. Section 12 -404. LAVATORY SINK. Within every dwelling unit there shall be an • approved lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to an approved sewer system. Section 12 -405. BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable room that *4"h is equipped with an approved bathtub or shower in good working condition. In a rental dwelling unit, such room shall have an entrance door that whiek affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to an approved sewer system. Section 12 -406. STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of a dwelling and every porch or balcony, shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Uniform Building Code standards. Every deck, porch and balcony that whiek is 30 inches or more above grade shall have a guardrail that conforms to the Uniform Building Code standards. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and • height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Section 12 -407. ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Section 12 -408. DOOR LOCKS. No owner shall occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be furnished with door locks as follows: 1. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings constructed after May 5, 1969, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead -latch type door locks shall be provided with lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a types that are permanently locked from the outside and permanently unlocked from the inside. 2. Every door that is designed to provide ingress or egress for a dwelling unit within • a multiple family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. Section 12 -501. MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, that wh" does not comply with the following requirements. Section 12 -502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there is supplied some other device affording adequate ventilation and approved by the compliance official, every habitable room shall have at least one window facing directly outdoors that whiah can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of 10% of the floor area of the room or ten square feet. One half of the required window area shall be openable. Section 12 -503. NONHABITABLE ROOM VENTILATION. Every bathroom and water closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation requirement for habitable rooms contained in Section 12 -502, except that no windows shall be required if such rooms are equipped with a ventilation system that *A4@h is approved by the compliance official. • Section 12 -504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures that w4@h are properly installed, maintained in good and safe working conditions, and connected to a source of electric power in a manner prescribed by the Ordinances, rules and regulations of the City of Brooklyn Center and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: 1. Dwellings containing one or two dwelling units shall have at least the equivalent of 60- ampere, three -wire electric service per dwelling unit. 2. Dwelling units shall have at least one branch electric circuit for each 600 square feet of dwelling unit floor area. 3. Every habitable room shall have at least one floor or wall -type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two such electric outlets provided, however, that one ceiling or wall -type light fixture may be supplied in lieu of one required electric outlet. 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall -type electric light fixture • and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. 5. Every public corridor and stairway in every multiple family dwelling shall be adequately lighted by natural or electric light at all times at one foot candle at floor level, so as to provide effective illumination in all parts thereof. Every public corridor and stairway in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system that vAi4A may be turned on when needed, instead of full -time lighting. 6. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. Section 12 -601. MINIMUM THERMAL STANDARDS. No person shall occupy as owner; or occupant or let to another for occupancy any building or portion thereof, that does not have heating facilities that vA4oh are properly installed, and that are maintained in safe and good working condition, and that vAq!�A are capable of safely and adequately heating all habitable rooms, bathroom, and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, at a distance of three feet above floor level and three feet from exterior walls. Gas or electric appliances designed primarily for cooking or water heating purposes shall • not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirements of this • section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 12 -701. GENERAL REQUIREMENTS. No person shall occupy as owner; or occupant,, or let to another for occupancy, any building or portion thereof that vA4& does not comply with the following requirements, unless specifically exempt. Section 12 -702. FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation, exterior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition that might admit rain or dampness to the interior portion of the walls or to the exterior spaces of the building. The roof shall be tight and have no defects that wh" admit$ rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. If the exterior surface is unpainted or determined by the compliance official to be paint blistered, the surface shall be painted. If the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. Section 12 -703. WINDOWS, DOORS AND SCREENS. Every window, exterior door, and other exterior openings shall be substantially tight and shall be kept in sound condition and • repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin and rodents from entering the building. Every openable window shall be supplied with 16 -mesh screens during the insect season, and shall be equipped with an approved lock if located less than six feet above adjacent grade. Section 12 -704. FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes and large cracks and loose plaster and shall be maintained in a tight, weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. The floor of every toilet room, bathroom, and kitchen shall have a smooth, hard, nonabsorbent surface and shall be capable of being easily maintained in a clean and sanitary condition. Section 12 -705. RODENT PROOF. Every structure and the premises upon which it is located shall be maintained in a rodent -free and rodent -proof condition. All openings in the exterior walls, foundations, basements, ground or first floors, and roofs that *4ieh have a 1/2" diameter or larger opening shall be rodent - proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. i • Section 12 -706. FENCE MAINTENANCE. All fences shall consist of metal, wood, masonry, or other decay resistant material. Fences shall be maintained in good condition both in appearance and in structure. Wood material, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Paint shall be maintained consistent with Section 12 -702. Section 12 -707. ACCESSORY STRUCTURE MAINTENANCE. Accessory structures or buildings shall be structurally sound; and be=maintained in good repair and appearance. The exterior of such structures shall be made weather resistant through the use of decay - resistant materials such as paint or other preservatives. Paint shall be maintained consistent with Section 12 -702. Section 12 -708. SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wall, ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting loads required by the occupancy. Section 12 -709. FACILITIES TO FUNCTION. Every supplied facility, piece of equipment or utility required under the City Code of Ordinances and every chimney and flue shall be installed and maintained and shall function effectively in a safe, sound, and working condition. Section 12 -710. GRADING AND DRAINAGE. During the period May through October every yard, court, passageway, and other portions of the premises on which a building stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Section 12 -711. YARD COVER. Every yard of a premises on which a building stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery and related decorative materials and such yard shall be maintained consistent with prevailing community standards. Nonresidential sites shall be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system. Section 12 -712. DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator, or occupant shall cause any service, facility, equipment or utility that *A&h is required under this Chanter , to be removed from or shut off from or discontinued for any occupied building or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Section 12 -713. SCREENING. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. Section 12 -801. MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or • dwelling unit for the purpose of living therein; that whi4A does not comply with the following requirements. • Section 12 -802. PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners occupying a dwelling unit prior to June 1, 1975, the maximum permissible occupancy of any dwelling unit shall be determined as follows: 1. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. . Section 12 -803. ONE FAMILY PER DWELLING UNIT. Not more than one family, except for temporary guests, shall occupy a dwelling unit. Section 12 -804. MINIMUM CEILING qualify fY HEIGHT. In order to as habitable, rooms shall have a clear ceiling height of not less than seven feet, six inches, except that in attics or top - half stories used for sleeping, study, or similar activities, the ceiling height shall be not less than seven feet six inches over at least one -half of the floor area. In calculating the floor area of such rooms in attics or top -half stories, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included. Section 12 -805. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No . dwelling unit built after 1940 and containing two or more sleeping rooms shall have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be gained only by going through another sleeping room, nor shall the room arrangement be such that access to a sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar or to the exterior of any dwelling unit. Section 12 -900. PURPOSE. It is the purpose of this Chanter oaetipm to assure that rental housing in the City is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the City who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. Section 12 -901. LICENSING OF RENTAL UNITS. 1. License Required. dwelling without first having a) No person shall operate a rental d g g obtained a license to do so from the City of Brooklyn Center. as hmkiaft e - =P�. =ate- A S license will be uranted l as Tvne I. Tvtne II. Tvne III or Tvne IV Provisional based on ' _ criteria _ _ recommended by the Citv Manager and annroved by the Citv Council. TIwe shall be t; `' of " ^e= ses! regular- and pr-evisional. Pr avisienal h eenses are defined in Seetien 12 °� b) Exceptions. No license shall be red pired under the following circumstances: 1 A single famil dwelling or aim a dwelling unit in a duplex occu iep d by the building owner for a minimum of six months per calendar year. (2) Rented rooms within an owner occupied dwelling unit. (3) A residential property owned by a "snowbird" where the property is rented to another Berson for a period of less than 120 consecutive days while the owner is residing out of the State of Minnesota. The owner must occupy the vroperty during the remainder of the vear. (4) Unoccupied dwelling_ units that wh&ah have been issued a Vacant Building Registration. 2. License Term. R-e�Licenses will be issued for a time p eriod accordine to the license type as indicated in Diagram l .e two years n v hee nses .. 41 issu f er - ^a of °i° months All licenses, be reviewed at anv time ' . m4ho after the beginning of the license term to determine whether the nrorty continues to have the annrouriate Tvne license mss. • Diagram I. Licensing Licensing Min. Inspection Crime Free Housinu Plan _Cateeory Period Freauencv Type I — 3 year Min. 1 time in 3 vears. Phase I Recommended upon request or as needed as det ermined b cit Type II 2 year Min. 1 time in 2 vears,, Phase I Required upon request or as needed as determined b ci Tvne HI 1 year Min. 1 time Der vear, upon Phase I, II Required Action Plan request or as needed as Required determined by cit Tvve IV 6 Months Min. every 6 months., Phase 1. H and III Mitigation Plan Provisional won request or as needed Required. Required as determined by city or is other wise 5.peciW do by Mitigation Plan 3. New Licenses. Properties that have legally not been required to have a rental, license due to new construction or a change from owner - occupied to rental will aualifv for a Tvpe II License. Properties found operating without a valid rental license from the city or failing, to meet city code requirements, or that have been the subiect of wlieh raesW enforcement • actions such as criminal prosecution or civil penalties for violation of this Chapter, will only aualifv for a Tvpe III licens . 4. License Renewals. D . ien ' lieeasesA41 be issued for a r ed ed o sin months. All rental properties are subiect to review and may be required to apply and oualif for a different license Tvn_e based on the level of compliance with city codes and applicable regulations. 5. Failure to Meet License Cateaory Reauirements. At anv time during a license period, if a rental property does not meet or exceed the criteria established for the current license Type . � the licens may be brought forth to the City Cou ncil for consideration of license suspension, revocation and/or license Type preview. 6. Tvpe IV Provisional Licenses. d A wo not ee E @d ee M - Y- _ _ , Renta under Tvpe IV Provisional Licensing must meet the reauirements set forth in Section 12 -913., 7. License Category Criteria. License tvpe will be determined on the basis of established criteria based on Police incidents and property code and nuisance violations as recommended by the ON Manager and approved by the Citv Council. a) Police Incidents. Freauencv of police calls will be based on the average number of valid police calls per • unit. Police incidences for pumoses of determining points for licensing categories shall include disorderly activities and nuisances, as defined in Section 12 -911 and events categorized as part one crimes in the Uniform Crime Reporting Svstem including homicide, rape, robberv, aggravated assault. burglarv, theft. auto theft and arson. Calls will not be counted for purooses of determining points for licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act,. Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse, Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). b) Property Code and Nuisance Violations Praoinoto Standards for property maintenance will he based on compliance with city and other applicable codes as determined through inspections and investigations. 8.4 License Process and Renewal I License renewals shall be filed at least 90 days prior to the license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12 -902, the Compliance official shall schedule an inspection. • b) No application for an initial license shall be submitted to the City Council until the Compliance official has determined that all life, health safety violations or discrepancies have been corrected. In cases where a weather deferral for, repairs has been granted by the Compliance Official. the license may be brought forward for heensine consideration of granting a license_ conditioned$ of on completin repairs. c) Incomplete Applications or Process. If the license application is, incomplete. or the applicant does not meet the reauirements of the licensing, process within 120 days of the submittal date, the application will be canceled. 9. 4 Condition of License. Licensees with three or more units must be current on the pavment of all utility fees, taxes, an4 assessments. fines, or penalties or other financial claims due to th e city 0 1 0;"a&=di w on the licensed propertv and anv other rental real property in the City owned by the license holder at all times. Licensees with less than three units, pPrierte and eA afl —times duFing the lieeas , aA lisefse helder- must be current on the payment of all utility fees, taxes, aad assessments, fines,, of penalties or other financial claims due to the city nNs due on the licensed property and any other rental real property in the City owned by the license holder prior to issuance or renewal of a license. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof that remain unpaid for a period exceeding one (1) year after becoming due. Section 12 -902. LICENSE FEES. License fees, as set forth by City Council resolution, shall be due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees shall be due ee of the eei4ifieate of eeoupaney at the time of application. 1- Residential Rental Conversion Fee. When a residential single family home or single family attached property is converted to a rental property. the owner or applicant shall pav a conversion fee as established by City Council resolution. The rental conversion fee also applies to residential properties registered as vacant properties. 2. License Fees Delinauent pay ments. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings. Once issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee. U2pon revocation or suspension or if ; hews 'Verde -1eensee slkA be efit ed to 1€an applicant withdraws an application, or in the case of an incomplete application or process. or if an application is cancelled. the fee is nonrefundable. be r-efim&d after- de&efing the eests of inspeetien and any ether- ees4s and expenses mouffed by • eenn e 3. Reimection fees. All reinspection fees are set b City Council resolution. If the p Y tY reinspection is being performed as part of the licensing process, fee(s) must be paid prior to the time of license issuance or renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. If a reinspection fee or any portion is not paid within 60 days after billing, or within 60 days after any appeal becomes final, the City Council may certify the unpaid cost against the property in accordance with the process set forth in Section 19 -105 of this code. Section 12 -903. OWNER OR AGENT TO APPLY. License application or renewal shall be made by the owner of rental units or the owner's his legally constituted agent. Application forms may be acquired from and subsequently filed with the compliance official. The applicant shall supply: 1. First middle Y) if an and last name address telephone of birth, and tele hone number, ( and email address of dwelling owner, owning partners if a partnership, corporate officers if a corporation. 2. Name, address, aPA-telephone number, and email address of designated resident agent, if any. 3. Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed. • 4. Legal address of the dwelling. 5. Number of dwelling units within the dwelling. 6. Description of procedure through which tenant inquiries and complaints are to be processed. 7. Status of utility fees, property taxes, and other assessments on the dwelling and other rental real property in the city owned by the applicant. 8. The number of tenants. 9. The legal name of the designated local agent. 10. At least one 24 -hour property contact information for an available property owner, resident agent, or other designated responsible agent. 11. Anv other information as requested by the city. Every person holding an operating license shall give notice in writing to the compliance official within five— business days after any change of this information. Depending on the nature of changes, the Citv may reouire a new oroDertv inspection. Notice of transfer of • ownership shall be as described in Section 12 -908 • Section 12 -904. RESIDENT LOCAL AGENT REQUIRED. 1. Local Agent. No operating license shall be issued or renewed for a nonresident owner of rental dwelling units (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the compliance official the name of hio the owner's local resident agent (one who does reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City Code of Ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or process pursuant to law. The compliance official shall be notified in writing of any change of resident agent. 2. Restionsibility for Acts of Mana!aer. Operator, or Local Agent. Licensees are, responsible for the acts or omissi of their managers, operators. local agent or other authorized representative. - Section 12 -905. CONFORMANCE TO LAWS. No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the Code of Ordinances of Brooklyn Center and the laws of the State of Minnesota. Section 12 -906. LICENSE INSPECTION REOUIRED G49N ITT ^'`T No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to Section 12 -1001. Section 12 -907. POSTING OF LICENSE. Every licensee of a i-pi rental dwelling with more than four units shall eause te be conspicuously posted the current license certificate in the main entryway or other conspicuous location. diefein t eR4 lieense for the r espee r muh awe44i . For rental dwellings of four or fewer IGO@ units. the licensee must provide a co�v of the license cer tificat e to eac tenant by attachin a cop_ v to the tenant's copv of the executed lease agreement. Section 12 -908. LICENSE NOT TRANSFERABLE. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the compliance official within five ten 0 0) business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. Section 12 -909. OCCUPANCY REGISTER REQUIRED. 1. Every owner of a licensed rental dwelling shall keep, or cause to be kept, a current register of occupancy for each dwelling unit that provides the following information: 4-.a. Dwelling unit address. • fib. Number of bedrooms in dwelling unit and the maximum number of occupants., • Vic. Le_►al Nnames and dates of birth of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling units. 4d. Dates renters occupied and vacated dwelling units. Vie. A chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this Code of Ordinances. 6--f. A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copying by the compliance official at all reasonable times. 2. All nonresidential properties (commercial. industrial. and similar) shall keep, or cause to be kept, a current register of occupancy for each building that whiek provides the following: 4-.a Building address. 2.b List of all tenants occupying building. • -3.c Nature of business conducted by each tenant in building. 4d Contact person for each tenant. -5.e Gross floor area leased by each tenant. Such register shall be made available for viewing or con_ vine_ by the comb_ liance official at all reasonable times. Section 12 -910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON - RENEWAL. 1. Applicability. Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. Unoccupied or Vacated Rental Units. In the event that a license is suspended, of revoked or not renewed by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. vi olati ng at..: ,.,.: ..1...,11_ L - lam ^ ' �x,- - _ A - • a l l /Q 1 nnn\ b a TI - elt 34. Grounds for License Action. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements, misrepresentations or fraudulent statements, on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application fee, fine or penalty, reinspection fees, of reinstatement fee, special assessments, real estate taxes., or other financial claims due to the city as required by this Chapter and City Council resolution. C. failure to continuously coma_ ]v with anv pronertv maintenance. zoning, f ailure e to correct health, building, nuisance or other city codes; or deficiencies noted in Comp_ liance Notices netiees of vielatie in the time specified in the notice. d. failure to comply with the provisions of an approved mitigation plan or not submitting an action plan as reauired. i-11. the ease of provisional lieenses. S o a:�,.. f 8�3 i��3L YO i ®�! 66fE56fEF ff67- 6�16�66ftP�tyy - . eonm4saw _ failure to oualifv for the tvne of license held or applied for fgh. excessive police calls for service in accordance with criteria e so determined by the Citv Manager and annroved by the Citv Council, based on the number and nature of the calls when, after owner notification,, the owner has failed to supply an appropriate written action plan to reduce the police calls for service, . Ai. failure to actively pursue the eviction of tenants who have violated the provision of this Chapte or crime free lease addendum or have otherwise created a n_ ublic nuisance in violation of city, state or applicable laws. hi+. the failure to eliminate imminent health and life safetv hazards as determined by the city, or its authorized representatives. • i. Conviction of anv crime related to the business or entity licensed and failure to show by competent evidence the rehabilitation and ability to Derform the duties of the business. ik4. The abandonment of the property by the prMerty owner as determined by the inabilitv to make contact with the owner or his/her manaeer or local agent due to inaccurate or invalid contact information., k. failure to operate or maintain the licensed premises in conformity with all applicable state and local laws and Ordinances. 5. License Action Sections. Revocation, suspension and non - renewal may be brought under either this Section or Section 12 -911, or both. 6-. A-Fegulm � v a • +• i � oni i�� revo ++i. j a ^� +l,o .�, _,ro�,. +e revi �„a;,,,. dese�e ^ , upo o 1 k eefise as p rovided Se 12 91 6;. Notification. Hearing and Decision Basis. a. Written Notice. Heari A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefore and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license. b. Decision Basis. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. cili Council ma y su or revoke a license or not renew a Z�. Affected Fa tv The C _ Y p license for part or all of a facility. 89. License Actions. ReaDDlication. a. Suspension. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. b. Revocation. Denial. Nonrenewal. Licenses that are revoked will not be • reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. c. Reinstatement Fees. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. 9 44. Written Decision. Compliance. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re -let or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non - renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, • revocation or non - renewal specified in the City Council's written decision or in paragraph 8 of this Section. 1044. New Licenses Prohibited A person who has a rental license revoked may not receive a rental license for another nronerty within the citv for a period of one year from the date of revocation. The person may continue to operate other currentiv licensed rental properties if the Droperties are maintained in comp_ liance with citv codes and other aDDlicable regulations. Section 12 -911. CONDUCT ON LICENSED PREMISES. 1. Conduct. Disorderlv Activities. Nuisances Defined. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Chapter Seetiee, disorderly activities are considered nuisances and defined as follows: disorderly at whieh any of the felle a. Noise — cars /dogs Citv Ordinance 1 -110- horns /radios — City Code. Sections 19- 1201.02.03. Vielatien ef-Sestion 19 1202 • b. Violation of Section 19 -1121 (Unlawful Possession, Delivery or Purchase) or violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4, and drug paraphernalia as defined in Minnesota Statutes, Section 152.092. C. Public disturbance — City Code. Section X19 -202 Vielatien of Seetier. 19 2 (Di s t uri b ng th P d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. e. Violation of laws relating to gambling. f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. g. Unlawful use or possession of a fffeam weapon. Violation in vielatie of Minnesota Statutes, Sections 609.66, Subdivision la, 609.67, 609.02, Subdivision 6 or 624.713, and City Code Section 19- 402. h. Loud parties /persons — City Code Section 19 -1201 • i. Fights City Code Section 19 -203 i. Allowing curfew /statu offenses /underage drinking — City Code Sections 19 -301= and 19 -304. k. Disorderlv conduct (Minn. Stat., _,Section 609.72) 1. Property damage — City Code Section 19 -211 m. Assaults 5th degree non - domestic — City Code Section 19 -204 n. Interference with a peace officer (Minn, Stat., Section 609.50) o. Unlawful assembly (Mir_i Stat.. Section _609.705) Citv Code Section 19 -1105 D. Presence at unlawful assemblv (Minn. Stat.. Section 609.175) a. Terrorist threats (Minn. Stat.. Section 609.713) r. Loitering — City Code Section 19 -201 2- Th City M anag e r- b. 11 b r-espeas f er- o en .a a da i i a is4 a fie a o f th • Ofdiame i A tb. J •t. t t J 11V11 ^ tie a utho r i z ed u ncle tl,; e e t y L.e T deleg to the City A affi rt x ' s - ar -i ze 7 designee- 2 -;. Violations. Actions. Upon determination by the City Manager or the Manager's authorized designee that a licensed premises was used in a disorderly manner, as described in paragraph 1, the City Manager shall take the following actions: a) For a first instance of disorderly use of licensed uremise- a gwe notice shall be provided to the licensee of the violation widin 10 d s gad directi_g the licensee to take steps to prevent further violations. 4 b) If a second emethe instance of disorderly use of the licensed premises occurs within a twelve (12) month time period fihre (3) '"'e of xide for the same tenancv f o r - w h el, " a efiee4 n pxagrap 3-NaS-gtwa, the City Manager or the Manager's authorized desi shall notify the licensee of the violation and sheAl also require the licensee to submit a written report of the actions taken, and proposed actions to be taken by the licensee to prevent further disorderly use of the premises. Theis licensee shall submit a written report sheQ be submifte to the City Manager or the 1V4anaer's authorized designee within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises. As. c) If a third anetke instance of disorderly use of the licensed premises occurs within a twelve (12) month time period from the first disorderlv violation for the same tenancv fi fee -(3) f er- l,;el, f w F g to the liee nsee pufsuan t o tWs seeti the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Manager or the Manag er's authorized designee who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation suspension or nonrenewal. The Sueh written notice shall specify all violations of this section, and shall state the date, time, place and purpose of the hearing. 3 4. Hearing. The hearing shall be held no less than ten (10) days and no more than tl4tty {30) fortv -five (45) days after giving such notice. Following the hearing, the council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. 4 6. Eviction Actions. No adverse license action shall be imposed where the instance • of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given • by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 5 q. Dete Disorderlv Conduct. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. 6 . Notices. All notices given by the City under this section shall be personally served on the licensee, sent by First Class mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. 7 9. Enforcement. Enforcement actions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, S guests or the licensed premises as is authorized by this Code or state law. Section 12 -912A. NO RETALIATION. No licensee shall evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to" criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. Section 12 -912B. FALSELY REPORTING VIOLATIONS. No person shall report a violation of this Chapter or city ordinance knowing or having reason to know that the report is false with the intent to affect the licensing status or inspection schedule of the Drovertv. Section 12- 912C9. TENANT RESPONSIBILITIES. 1. Access to Premise. When reauired by Aff Minnesota Statutes. each tenant or occupant of a rental dwelling must eive the owner. owner's representative or authorized city official access to any Dart of such rental dwelling at reasonable times for the Dumose of inspection, maintenance. reDairs or alterations as are necessary to comply with the provision of this Chapter . 2. ComDliance with Regulations. A tenant must comDly with aDDlicable city codes and all aDDlicable local. state and federal regulations. A tenant is responsible for aDDlicable Drovertv code. nuisance and violations of disorderly conduct as specified in Section 12 -911 that occur on the Dropertv. including violations committed by household members or guests. . Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental Dronerties that meet the n_ rovisional licensing criteria as described in Section 12 -901 are eligible only for Drovisional licenses. a; the obtain points based on pokee Jenees and pr-epefty eede e is Liz , f «e e p e r d „.Y , r ir< 31'7'. below are eligible only €er- pr-e-4sieAl -lip o, f fi es , ,;� pF& lieanses to a 1.1! f or- r-eg li eense 1 1'i a a year- per -ied _ ,: fe tL,., 6 e peli D 1• a fffe w 4ls that are eeun i n ae4e;mirk -g w pr-ev li eense i s m q u im d 1 ,1 th e fell 1 5 #fpes vim 1 C -&r o r- events, eAl of A are .-a - by deelar to eeas fit, t A e tt, di na,,,.ti i;\ e.,ll di eats listed i n Se or. 1 2 911; er- (ii) 32. or- evef eat egefized as-pa ene crifnes iirdw Gfkne RepeAiag Syst ineluding h ;ei e p e - , robbar� , • aggmva t e d assa b J� 1, , tl,e4t , ,t theft an a sofi 1F 1 1 fe a) Fir . b) kkxi Sty.. . �n9 �6) City O dk,. 19_4.02 c) Drug d) Lou I p er -sons r +;t,. - Qrdinanze 1 1 9 9 1201 Loud pat4ie City n,.,1;„„ „ve 19 1 201 g) P t firm Scat. 609. h) Nail ear- City n wee -1 - 10 hems e&es City n di ve 19 1 201 _02 , , i) F ights C it y O dh 19 03 J) D 15 2.01) lt) O di, 19 301 304 1) Di yr.) Pro City QFdkw"e r:) Assatiks S th degree non demestie City Or-dmenee 119 204 • o) Publis-c t.urbame City 0 dimenec 19-282 p) Firz ala nnm City O ,,anee 5 11 2 • T� . f ' +i. ffi it i St Eno cm 2� �..rcricron�c- v.zcircrpcuc., . ��.�...... ... , r) LJ.jw4 -r .., 19 HOS r\ P resenee t 1 1 assem (Mk Q+ 609 t) Tarr t gffeats (Min SteA 609 u) L- teFing City O r -di ,., ee 1 201 (iv) Th a r; y � r.,,µ -or m o,.,, ;.,o ,1,.,+ ay ao+ ffmltiple is shall b e eeun - as a sing call i-- aWt apriate eases. b. Cal-is vAll net be eeunted for- pufpeses of Betz m ember - s"vvvv u� vv in the Demestie. Abuse Ae4, Mimeseta Statutes, Seeti3n - 1 89-.04-, Subd—Ar-(b) and Axcie- shff is a r8pe cvf cc r De mestie. Abuse as define i th n tie Ab n „A Mi- -es to Sl tu ,- o", ee�_ c 1 41? n 1 S :u b 7 ( 7 1 L ®n l 90; (2) . «' +L ... ..a F ..kL Lam. 4L • 2. d: The City will provide by mail to each licensee a monthly report of any police calls and incidents and annlicable nrobertv code violations as described in 12 -901 paragraph (I ., (a) a 3. 2-. Mitiaation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property code issues described in 12 -901 and 12 -911 to a level that qualifies for a Tvne I. II or III regalm licens 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, and time frame to implement all phases of the Crime Free Housing Proizram. 4. 3: Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its i management practices, the nature and seriousness of causes for police and fire incidences eags and/or pronertv code issues and the expected effectiveness of • measures identified in the plan to reduce the number of police and' fire incidences and/or Dropertv code violations. ea11s: In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or Dropertv code violations. salmi 5 4 Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Section 12 -914. CRIME FREE HOUSING PROGRAM. For the Dumose of this Chanter. the Crime Free Housing Program shall mean the nationallv recognized program, unless otherwise indicated. The phases of the program include. but are not limited to, the conditions set forth below. 1. Phase One 4. For license categories other than Tvne I. an owner, manager or local agent responsible for the operation of the rental p_ roDerty must complete the Phase I training of the crime -free housing program or a similar course aDDroved by the Citv Manager. Certification as a rental Droperty manager may also satisfv this rea_uirement. Phase I includes the followinv: a) _Attend an eight -hour crime -free housing course Dresented by Dolice, fire, Dublic housing and others. b)Use a written lease including the Minnesota Crime Free Housing Lease, Addendum. c) Check the criminal background of all DrosDective tenants and. upon request, Drovide a coDv of Third Party Background Check Drocedures for Tenants. d) Actively pursue the eviction of tenants who violate the terms of the lease and/or the crime free lease addendum. 2. Phase Two a. Includes Phase 1 plus the following: a) Complete a Security Assessment and complete the security improvements recommended. This phase will certifv that the rental nroD_ ertv has met the security reauirements for the tenant's safetv. b) Attend a minimum of 25 percent of Owners/Managers Association Meetings. 3. Phase Three. Includes Phases 1 and & 2 plus the following= a) For DroDerties with more than four units, conduct resident training annually for the residents where crime watch and crime Drevention techniques are discussed., b) For properties with more than four units, hold regular resident meetings. c) Attend a minimum of 50 percent of Owners/Manaaers Association Meetings. d) Have no City Code violations that were not resolved in accordance • with compliance orders within the Dast vear. . Section 12 -915. CRIME FREE/DRUG FREE HOUSING LEASE ADDENDUM, REOUIREMENTS All tenant leases. except for state licensed residential facilities Q=J shall contain the Crime Free/Dnig Free Housing Lease Addendum. The Crime Free/Drug Free provisions are in addition to all other terms of the lease and do not limit or replace anv other provision T hese lease provi shall be incorporated into every new and renewed lease for a tenancv beginning 4saomw April 1, 2010. Section 12 -9164. TENANT BACKGROUND CHECKS. 1. All licensees will conduct criminal background checks on all prospective tenants 18 vears and older and anv subseouent nersons 18 vears or older residing in the dwelling unit. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all pspg tenants who are 18 vears of age or older and persons subseauentiv residing in the dwelling unit who are 18 vears of age or older (collectively referred to in this section as "tenants "` a ubseQ"""` dwelline --- 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 psp ° v tenant's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any pposp€€tive— tenant in his or her 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 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 request demmd by the City Manager or the City Manager's designee. , dtifi g P-�r_a'_ bUsiness heum. (f ) Lice must b ave wri expl anation of screening criteria that is, provided to the annlicant. Section 12 -1001. ENFORCEMENT AND INSPECTION AUTHORITY. The City Manager and the Manager's lie designated agents shall be the compliance official who shall • administer and enforce the provisions of this Chanter and who is hereby authorized to cause inspections on a scheduled basis for rental dwelling units, and other buildings when reason exists to believe that a violation of this Chanter has been or is being committed. Inspections shall be conducted during reasonable times daylight hei , and the compliance official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. Section 12 -1002. INSPECTION ACCESS. Pursuant to Minnesota Statutes Section. 504B.211. the owner, manager or local agent is responsible for scheduling the inspection and notifying anv existing tenant of the inspection. The owner, manager or local agent, must provide access to the reauestina city authorized agent at the schedued_ inspection time or as reauested. Any owner, occupant, or other person in charge of a building may refuse to permit free access and entry to the structure or premises under that person's control for inspection pursuant to this Chanter , whereupon the compliance official may seek a court order authorizing such inspection. Section 12 -1003. INTERFERENCE WITH DUTIES PROHIBITED A person must not prevent. del.av rovi fal se inf ormation or otherwise interf with the compliance official. City Manager. or Manager's design ag whi th e are en a e in the nerformance of the duties imposed by this Chanter. Section 12 -1101. UNFIT FOR HUMAN HABITATION. 1. Any building or portion thereof, that vkiA is damaged, decayed, dilapidated, insanitary, unsafe, vermin or rodent infested, or that wliok lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any building or premises has been declared unfit for human habitation, the compliance official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling units shall be revoked. 2. It shall be unlawful for such building or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the compliance official. It shall be unlawful for any person to deface or remove the declaration placard from any such building. Seefien 12 11 02 SECURE t NTIT AND V A r A - ED B T ILDRI F. The ,,•• of any bu ildi ng pe th ereo f- , h h h b deel unfit f r h,,,,.. ,,.,b; ,.,,; or a die ethefm4se vaeai# fer —a per-ied ef 60 -days er -mere, shall Any vaeai# building epen a4 deer-9 or- windews, if ungueEded, shall be deemed te be h.,zaf d to the sa.4k, m It, an . ,eW m- f *.e put i&ead a publi idgn the meaning e this Qrdkimee and shall be made safe and seeufe kinmediately.- • • Section 12 -1103. HAZARDOUS BUILDING DECLARATION. In the event that a building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the building may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes. Section 12- 1201A. COMPLIANCE ORDER. Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this Chapter, a compliance order setting forth the violations of the Chanter Qwl4wwgo and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this Chanter 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or • n 1 St class mail to his/her last known add or ress• b. Sent by , C. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, that is affected by the notice. Violations may be cited by the City and prosecuted, and license suspension, revocation or non- renewal may be undertaken by the City whether or not a compliance order has been issued. Section 12- 1201B. ACTION PLAN. The compliance official may require an action plan to be completed by the licensee. manager or local agent in a designated time frame that indicates the steps taken to correct ide ntified violations and the mea sures to be taken to ensure ongoing compliance with city ordinances and applicable codes. Section 12 -1202. RIGHT OF APPEAL. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Chapter Oradiewwwwo, such person may appeal the compliance order to the City Council sitting as a board of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must be filed with the department of planning and inspection within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. • Section 12 -1203. BOARD OF APPEALS DECISION. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any advice and recommendation from the advisory housing commission. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Section 12 -1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It shall be unlawful for the owner of any building, or portion thereof, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledging. Anyone securing an interest in the building, or portion thereof, who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice and shall be liable to all penalties and procedures provided by this Chanter ®wee. Section 12 -1205. FAILURE TO CORRECT COMPLIANCE ORDER Any person who fails to comply with a compliance order , and any person who fails to comply with a modified compliance order within the time set therein, upon conviction therefore shall be Q uilty of a misdemeanor. punishable in accordance with state law �y a �-w` . a one t a _ b i ,,, A Nothing in this Chanter. however is deemed to lim other remedies or ci n_e_nal available to the Citv under this code or state law. Each day of such failure to comply shall constitute a separate punishable offense. Section 12 -1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may, by resolution, following a hearing upon not less than ten (10) days notice to the landowner cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. Section 12 -1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the compliance official determines that any building, or portion thereof, or the premises surrounding any of these fails to meet the requirements set forth in this Chanter , the compliance official may issue a violation tag summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. Section 12 -1302. PENALTIES. Anv person or responsible nartv who violates sections . 12-101 through 12 -1.42 i s su bject... to th�enalty�rovi under section 12 -1205 of this code. Nothing in this C hapter. ho wever i dee to li other rem edies or civil penalties available to . the Citv under this code or state law. "-- - °^� a � r by doing t +L:.. Q 00 . hal ,. +:,.« +L,. «,.,.� L_. 1,.__.G_1 ._ +L,...:+.. L.. > 00M as laxx + +,. ,�,.,, a � �+�. inm a _� �- -� -'-J ......., tegethe' M ddh dh o es t s e g p r ese mien. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this Chapter designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this section because of failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 12 -1401. SEPARABILITY. Every section, provision, or part of this Chanter is declared separable from every other section, provision, or part to the extent that if any section, provision or part of the Chanter shall be held invalid, it shall not invalidate any other section, provision or part thereof. Section 12 -1402. NO WARRANTY BY CITY. By enacting and undertakini to enforce this Cha . neither the City, City Council. its agents nor emplovees warrant or guaranty the safety, fitness or suitability of M Re Dwelling or Rental Dwelling Unit in the Citv. Owners and occun_ ant should take appropriate steps to protect their interests, health, safety and welfare. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • December 14, 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. Request from Special Events Committee 2. 6101 Beard -6037 Brooklyn Blvd Update 3. Multiple Rental Property Owners Report 4. City Property Tax Comparisons 5. Sister City Update 6. Administrative Fines Update 7. Rental Licensing Criteria Update PENDING LIST FOR FUTURE WORK SESSIONS January 1. TIF Districts Update 2. Strategic Plan Goals — Outcomes Success Measures 3. Local Government Aid Policy • 4. Brookdale Mall Update 5. Community Gardens 6. Group Home Report 7. Meetings with Commissions 8. Joslyn/City Property Remediation Update Later /On oin g g 1. 57th and Logan Update 2. Strategic Outcome Reports 3. Department Year End Reports 4. Legislative Update a. Prosecutor Services 5. Community Schools Update 6. Ordinance Amendments — Farmers Market 7. 2011 Brooklyn Center Celebration Update 8. Crime Free Housing Update 9. Random Acts of Kindness — Mayor Willson 10. Neighborhood Designations 11. Junk and Inoperable Vehicles Update — Back Yard Parking 12. Minn. Stat. 273.128 4d Rental Properties — Annual Report 13. Visit Minneapolis North Update 0 Work Session Agenda Item No. 1 . December 8, 2010 Memorandum To: Mayor Tim Willson From: Special Events Committee Subject: Centennial Committee The Brooklyn Center Special Events Committee is a non - profit corporation and incorporated with the State of Minnesota in January 2000. This formal structure was the result of the work of the Brooklyn Center Year 2000 Celebration - Steering Committee which was organized in October of 1998 to bring together the civic organizations, the business community, interested citizens, area school districts and the City to celebrate the Millennium. Over the last decade, this committee has planned a number of successful events, most notably the annual Brooklyn Center Birthday Celebration. At the September meeting of the Special Events Committee the Centennial Celebration was discussed. The committee has concluded that since there is still a vacancy in the position of Centennial Committee Chair, the Special Events Committee would offer to serve as the planning committee for the Centennial celebration. To that end , at the November 19 2009 meetin g, p the Special Events Committee constituted a sub- committee specifically to plan the centennial events. Additionally, the Special Events Committee appointed Keith Lester to their board of directors. Furthermore, the committee also appointed Mr. Lester as the chair of the Centennial sub - committee. Attached you will find a draft framework for how the Centennial sub - committee could work. Included is a mission statement, structure, goals for the committee and a preliminary action plan. The Special Events Committee recognizes that the City Council has already developed conceptual framework for how the Centennial Committee could work. However, we are also cognizant of the calendar and recognize that our Centennial Celebration is fast approaching. Accordingly, we would ask that you consider our request expeditiously, so that we may begin our planning. As the annual birthday celebration is likely one of the first events of 2011, the Special Events Committee would like to begin developing some hype for 2011 at the 2010 birthday party. • i • DRAFT FOR DISCUSSION ONLY Brooklyn Center, M innesota Centennial Celebration The following is intended as a draft from which a Centennial Committee could work. It clearly is a beginning that will require additional ideas, the removal of some ideas and approval by the committee as well as city leadership. I suggest that we plan for the absolute best celebration and not limit ourselves by time, personnel or dollars. As we plan, we can develop a program to the scale we can achieve. ,A-A'd 'P. it is the mission of the Centennial Celebration Committee: unite a celebration of the rich heritage and history of Brooklyn Center over the past 100 years and to inspire contiiud greatness,,. istinction and pride for the second century. We will honor the past, celebrate the present and ima a f4. Structure: The committee will work as an integral arm of the Brooklyn Center Special' Committee. Its role will be to plan, lead and direct celebration activities by working collaboratively with community organizations and cultural .. `_ Goals: • Establish an action "pian,�and budge a year -long preparation for the Centennial Year Celebration and Activities that will cre6 %.. terest apd enthusiasm throughout the Brooklyn Center Community. • Cooperate with businesses; elucaot3aarisitutions, churches and community organizations to incorporate their existing events and activities iri #fan overaff� 6 �hqt focuses on the theme and program for the Centennial Celebration. - • Assure the participation and ideas of the entire tannin and im I m t - f a celebration n hat reflects the e en ate �o t o t planning P ,Q community. - • Develop a celebration that recognizes the OX, eers who built Brooklyn Center, the individuals who sacrificed for our city and country and the diversity which has contributed to the richness of our community. Action: In consultation with the City Manager, submit a preliminary budget proposal to the Mayor requesting his review and approval no later than December 31, 2009. • 11/14/2009 1 AGE 2 Other i e Cons I. Should it go all year or should culmination happen earlier? 2. Once preliminary budget and plan are in place, begin soliciting funds, space and other resources. 3. Theme and Logo at top of list. 4. Brochure follows 5. Workgroups formed 6. Select events 7. Schedule events 9� w ad;':&• .:Ph•- z � "9 , -e �g w x . Rte - �s 11/14/2009 2 AGE 3 Action Items Theme: We need something that will represent all • Heritage aspects of Brooklyn Center — history, diversity, etc. Logo: Should be unique, colorful and clearly present • Need "All American City" logo (Is it still active ?) the theme of the event. • Color scheme should include red, white and blue. Existing Events • Birthday Party • Earle Brown Days • National Night Out • Dudley Softball Tournament • . dolly Sunday oliday Party (representative) Halloween Party �,r• Pancake, Waffle and Spaghetti Suppers /Breakfasts " (anyone do. g Lutefisk and Lefse? • 1 ber cul ;and community events to be Activities /Events • Trea ti ° Hunt • Tell Hi't through storytelling (oral history) • Art Show -4 + Talent Show's; °., mct "fi . ,��c �`�;• ,:� � • Concert (Vizenoi`?,��: f " ° `'.'<, N • Community Picnic "`:' • Concerts in the Park 3. '_ • Treasure Hunt ry'r'5, » • Open Houses (City Hall, Schools, History Center, jsY" pY N z Earle Brown Center, etc.) Special Events 4 n' eu • City.Council passes resolution Committee meetings public (dates and times published) • Time Capsule (open and new) _r • Plaque (legacy item for City Hall) 11/14/2009 3 I AGE 4 Fund Raising /Resources (Goal - $30,000 ?) Budget from City of Brooklyn Center Sponsors- 0 Title Sponsor - $5,000 • Platinum - $2,000 up to + Gold - $1,000 up to $1,999 • Bronze - $500 up to $999 • Individual - $100 up to $500 . Donations of Supplies /Materials Donations of "people resources" Donations of space Media, PR, etc. •.: able Access TV channel 12 a Memorabilia (see above) Video Production eb link?"#bpage? .lad + Lin ke n.W + Class matsflm + Twitter • Sun Post rp • City newsletter A yrM " : • School Newsletters gu • Church bulletins ': °. = • Organization newsletters (i.e. Historical Society, Rotary, Lions) Promotional Materials M " e �x= ;; ,Memorabilia: ..'z3.: T- Shirts Sweatshirts • Flags • Note cards + Mascots • Magnets • Mugs • Pins • Books • Bags • Caps • Recording (spoken word, music across the century, etc.) • Video 11/14/2009 4 PAGE 5 Work Groups: Representing a culture diversity Educational Working Group p P g e g, tY g p The educational working group is established to represent education in Brooklyn Center, including public, private and charter schools K -12, museums and higher education through programs, cu riculum and events. Student participation in play." &*and implementing activities will be in the forefron� Commun I ­r ki Qup The Community workin` <jaup is established to represent the community in Brooklyn:%. - terthrough non- profits, diversity and faith -based group Special Events Working Group - kO The Special Events working group is estaised to identify, coordinate, plan and produce large s ents that are reflective of our community. 4 - Aml To'"U"N >r .& Marketing Working Group r The To -Marketing working group is established to 'ep reprerhe ppective of the tourism industry and prorrlote the CenterfW locally, regionally, nationally and wuiia - wide. _M ....., Histor cal Working Group The Hi", 'cal working group is established to accurately z -., .. represent and preserve the history of Brooklyn Center through a reliance on historic preservation, legacy projects Q, = and fact checking. ''O. Cultural Working Group The Cultural working group is established to represent ` tea• Brooklyn Center's cultural community, both historic and contemporary, through programs, events and legacy projects. • 11/14/2009 5 Member Kay lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2008 -52 RESOLUTION ESTABLISHING THE BROOKLYN CENTER CENTENNIAL CELBRATION COMMITTEE AND APPOINTING CHAIRPERSON WHEREAS, the Village of Brooklyn Center was incorporated in February 1911; and WHEREAS, the community has continued to grow and prosper throughout the years of development; and WHEREAS, the City will be 100 years old as a corporate body in February 2011; and WHEREAS, it is only fitting and right that the residents, businesses, citizens and friends of Brooklyn Center rejoice and celebrate this momentous occasion; and WHEREAS, this is a great opportunity to bring future generations of the community together and build on the legacy of this proud community, WHEREAS, Mayor Willson has appointed Diane Sannes as Chairperson of the Committee and shall serve at the pleasure of the Mayor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that we establish the Brooklyn Center Centennial Celebration Committee, to provide overall planning and coordination of the Centennial Celebration Activities and confirm the appointment of Diane Sannes as Chairperson of this committee. April 28. 2008 Date Mayor ATTEST: J" 44� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof Tim Willson, Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Work Session Agenda Item No. 2 • MEMORANDUM - COUNCIL WORK SESSION DATE: December 9, 2009 TO: Curt Boganey, City Manager FROM: Scott Bechthold, Chief of Police SUBJECT: Violent crime response within 500 feet radius of 61 & Brooklyn Boulevard COUNCIL ACTION REQUIRED RED The following council item is for information only and no action is required. BACKGROUND In November of this year, I directed Sergeant Frank Roth to conduct a thorough analysis of the 500 -feet radius around the BP Amoco located at 6044 Brooklyn Boulevard. This area includes three properties that have experienced an elevated number of violent crimes from September 2008 to September 2009. The other addresses involved besides the BP Amoco include Beard Avenue Estates located at 6101 Beard Avenue North, and Northbrook Apartments located at 6037 Brooklyn Boulevard. Based on the sergeant's analysis, a problem solving partnership was developed between the police department and the owners of each of the properties. A four point mutually accepted r implemented this past November with the strategy was imp goal to reduce crime and the residents p g concern of crime. The four point strategy includes: 1. BP Amoco, Beard Avenue Estates, and Northbrook Apartments are being tasked with a top -to -bottom security review called CPTED -- Crime Prevention Through Environmental Design. a. CPTED completed at Northbrook Apartments b. CPTED scheduled for BP Amoco & Beard Avenue Estates in December • • 2. Identify prevention opportunities to remove the attraction of crime to each of the properties: a. BP Amoco — i. Eliminate the sales of drug paraphernalia, loitering, employee indifference 1. Drug paraphernalia has been removed from shelves. 2. Employees have received training, and expectations have been set to identify problems and contact police. They are also taking more proactive efforts in removing the problem offenders. ii. Increased security during identified "high call" times. 1. Private security has been hired. Twenty -two hours of uniformed patrol are contracted for every week. The hours of patrol are those identified as higher risk hours: Thursday, Friday, and Saturday 8PM -2AM, and one other weekday from 8PM -12AM. b. Beard Avenue Estates & Northbrook Apartments — i. Both properties will become a Crime -Free Multi- Housing Property 1. Both owners scheduled for December Crime -Free Multi- Housing • Phase I training. ii. Both properties will provide proper screening and criminal history checks on residents and prospective residents including current rent rolls (every 30 days) 1. Rent rolls received for November. iii. Manager training (involvement with Association for Responsible Management or ARM) 1. Mr. Phelan did attend the November ARM meeting. 2. Mr. Fenstad did attend the November ARM meeting iv. Identified problem tenant accountability and displacement. 3. Sergeant Roth will provide a plan for a proactive enforcement response: a. The area has been designated as Zero Tolerance. b. A High Visibility Enforcement (HVE) detail was implemented on a scheduled basis starting October 23, 2009. Patrol is required to spend three hours of uniformed high visibility response at the three properties and in the 500 -feet radius during peak calls for service times. Detail logs are required. C. The Street Crimes Unit will devote priority time to the 500 -feet radius in both a • high visibility and surveillance capacity. Their efforts are reported weekly by Sergeant Pastor. 4. Assessment and Communication: a. Assessment reports are to be completed by the sector sergeant and submitted to the Chief of Police on a quarterly basis: i. February 15, 2010 (reviewing November — January) ii. May 15, 2010 (reviewing February -April) iii. August 15, 2010 (reviewing May — July) iv. November 15, 2010 (reviewing August — October) b. Chief of Police will provide to Council a progress report at six months (in May 2010) and twelve months (in November 2010). c. Sector sergeant will provide the area residents with a progress report at six months (May) and twelve months (November). Overall, the efforts with all three property owners have been cooperative and proactive. They have all invested their time to improve their properties and ensure a successful strategy and monies to provide security and training to each of their . sites. Sergeant Frank Roth and Commander Tim Gannon will continue to monitor the 500 -feet radius of the 6100 block of Brooklyn Boulevard, and in particular, the three noted properties. BUDGET ISSUES None. Work Session Agenda Item No. 3 COUNCIL WORK SESSION MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: December 3, 2009 SUBJECT: Owners of More Than One Rental Property At its November 9, 2009, Study Session the City Council discussed rental property owners, specifically individuals or entities who own more than one rental property in the City. It was Council consensus to have staff produce a report that identifies owners of more than one rental property and identifies the number of code and nuisance violations at these properties. You have asked me to prepare said report. that identifies the name of the owner/entity, rental dwelling Attached is a spreadsheet y, g address, purchase date by said owner, and code violations for 2008 and 2009 as reported in the code enforcement tracking system. Some properties have simply been identified to be vacant or foreclosed, as tracking this information is a component of the code enforcement detail for properties, but not necessarily a code violation. The Code Enforcement Detail is also attached for those properties with code entries. Summary: There are 180 rental dwellings that are owned by a person or entity owning more than one rental property in the City. Following is the breakdown: • 27 owners of 2 rental properties = 54 properties 0 10 owners of 3 rental properties = 30 properties • 2 owners of 4 rental properties = 8 properties • 12 owners of 5 or more rental properties = 88 properties Of the 180 rental dwellings, following is the breakdown of the number of code violations identified: • 54 properties have NONE • 126 properties have code violation entries in either 2008 or 2009 or both (of these 126, 53 properties have new owners since the code violations were identified and have had no code violations since the purchase date) 0 63 properties in 2008 only ■ 15 have only vacant and/or foreclosure as violation type 0 18 properties in 2009 only ■ 3 have only vacant and/or foreclosure as violation type 0 45 properties in both 2008 and 2009 Please let me know if you need further information. Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Danny Angell 4501 63rd Ave N 6/25 tall grass/ weeds 5/19 vacant 8/7 foreclosure 8/8 not licensed for rental 8/21 tall grass/ weeds 7/16/09 12/28 vacant Danny Angell 6839 Colfax Ave N 4/23 unsecured 6/4 tall grass/ weeds 6/20 foreclosure 8/19 tall grass/ weeds 7/6/09 11/24 vacant Shawn Banks 7137 Grimes Ave N 5/25/051 None None Shawn Banks 7218 Grimes Ave N 1/7 vacant None 1/7 unsecured /abatement 7/26/05 1 garba storage/ removal Elizabeth Becht 4718 Twin Lake Ave 4/1/93 3/30 garbage storage/ removal None Elizabeth Becht 4734 Twin Lake Ave 5/12 illegal parking/ storage of None 10/1/84 vehicles Christian Restoration Services 5706 Camden Ave N 5/19 tall grass/ weeds None 5/7/07 8/11 tall grass/ weeds Christian Restoration Services 7219 June Ave N 8/2/07 None None William Coleman 6406 Indiana Ave N 5/1/02 None 7/1 trees William Coleman 3319 Mumford Rd 7/1/02 None None Jack Froelke 5926 Colfax Ave N 10/13/09 5/20 vacant 10/2 foreclosure Jack Froelke 5856 Dupont Ave N 5/15 accumulation of rubbish/ 8/15 permitted signs 2/10/09 brush de bris Jem Realty LLC 3824 61st Ave N 3/11 vacant 9/19 tall grass/ weeds 8/4 tall grass/ weeds 4/7/09 8/18 foreclosure Jem Realty LLC 5012 Abbott Ave N None 5/1 foreclosure 8/18 garbage storage/ removal 9/3 accumulation of rubbish/ brush/ debris 4/17/09 1 12110 vacant • • • Owners of More Than One Rental Property Owns 2 properties Single Family_ /Condo (unless otherwise noted); Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Nazneen Khatoon 3912 61st Ave N None 2/5 foreclosure 4/1/09 12/10 vacant Nazneen Khatoon 6213 Chowen Ave N 11/1/03 None None Wade Klick 6300 France Ave N 8/11 tall grass/ weeds 8/12 tall grass/ weeds 8/18 accumulation of junk/ furniture/ appliances 10/13 accumulation of rubbish/ 8/1/04 brush/ debris Wade Klick 2718 O'Henry Rd 9/18 garbage storage/ removal 3/31 garbage storage/ removal accumulation of rubbish/ brush/ 12/1/04 debris Yi Lin 6800 Dupont Ave N 7122/09 5/29 vacant 11/4 foreclosure Yi Lin 7143 France Ave N 8/20/09 9/2 tall grass/ weeds _ 9/17 foreclosure Gao Liu 4013 65th Ave N 3/11 vacant .8/27 foreclosure 6/29 unsecured/ abatement 6/30 tall grass/ weeds 8/31 tall grass/ weeds 8/31 accumulation of rubbish/ 4/16/09 brush/ debris Gao Liu 5636 Humboldt Ave N None - 6/11 tall grass/ weeds i .6/17 foreclosure 7/7 accumulation of rubbish/ brush/ debris 10/21 garbage storage/ removal 10/21 vacant 2/26/09 Lutheran Social Service of MN 3612 55th Ave N 5/1/95 None None Lutheran Social Service of MN 16018 Admiral PI 5/1/95 None None 0 • • Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Daniel Mazzuco 4110 Lakebreeze Ave N None 2/1 vacant bldg 4 units 2/1 foreclosure 5/22 tall grass/ weeds 128/08 7/31 tall grass/ weeds Daniel Mazzuco 5319 Northport Dr 8/13 foreclosure 8/11 tall grass/ weeds 8/19 accumulation of rubbish/ 6/12/09 brush/ debris Keith IMcConnell 3200 64th Ave N 2/1/04 None None Keith McConnell 6006 Zenith 11/1/01 None None Rebecca Merdan 6325 Kyle Ave N None 3/10 accumulation of rubbish/ brush/ debris 6/4 tall grass/ weeds 1/14/09 7/3 vacant Rebecca Mercian 6412 Lee Ave N 3/18 vacant 6/11 tall grass/ weeds 8/7 foreclosure 1/30/09 9/19 tall grass/ weeds Douglas Pederson 5637 Emerson Ave N 5/1/03 None 7/7 basketball hoop in street Douglas Pederson 6825 Scott Ave N 7/21 garbage storage/ removal None 7/21 accumulation of rubbish/ brush/ debris ' 7/21 accumulation of junk/ 4/1/04 furniture/ appliances Steve Rorem 5405 Bryant Ave N None 9/9 foreclosure 6/23/09 12/29 vacant Steve Rorem 7125 Major Ave N None 4/25 foreclosure 6/11 tall grass/ weeds 6/25 accumulation of rubbish/ brush/ debris 3/16/09 7/29 vacant Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Dan Soffa 3000 62nd Ave N 6/17/05 None None Dan Soffa 6005 Admiral PI 6/10 trees 9/19 tall grass/ weeds 7/17 unlicensed/ inoperable vehicles 7/17 illegal parking/ storage of vehicles 10/13 illegal parking/ storage of 8/1/05: vehicles Rebecca Thomley 1807 70th Ave N 8/1/011 None None Rebecca Thomley 7215 Girard Ave N 9/1/93 None None My Truong 6337 Bryant Ave N 6/5 tall grass/ weeds 6/17 garbage storage/ removal 9/4 accumulation of rubbish/ 6/17 accumulation of rubbish/ brush/ debris brush/ debris 6/17 vacant 6/26 trees 7/9/09 7/24 trees My Truong 5214 Ewing Ave N 3/10/09 4/28 vacant 5/27 foreclosure Benson Vang 6324 Scott Ave N 119/05 None None Benson Vang 4519 Woodbine La 9/02 accumulation of junk/ None 12/1/02 furniture/ appliances Mai Vang 5609 Bryant Ave N 10/28/08 None None Mai Vang 5836 James Ave N None 3/7 foreclosure 8/13 tall grass/ weeds 8/20_/09 10/13 vacant Malcolm Vinger II 3907 Burquest La 6/10 unlicensed/ inoperable None 6/1/0 v ehicl es Malcolm Vinger II 7030 Newton Ave N 9/3 accumulation of junk/ None 2/1/04 furniture/ appliances Geri Williams 6912 Unity Ave N 5/1/01 None None Geri Williams 7021 Unity Ave N 12/5/07 None None Eugene Wright 4408 69th Ave N None None bldg 4 units 7/1/84 Eugene Wright 14416 69th Ave N 6/5/08 None INone 0 Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Neng Zhang 7208 Dallas Rd 1/23 foreclosure None 10/22/09 5/6 vacant Neng Zhang 5120 Drew Ave N 7/20 garbage storage/ removal 6/13 unlicensed/ inoperable vehicles 5/28/09. 1 0/17 foreclosu Ting Zheng 3113 65th Ave N :5/5 accumulation of rubbish/ 1/14 foreclosure brush/ debris 4/22 garbage storage /removal =5/29 tall grass/ weeds 5/13 windows/ stairs/ decks 5/13 vacant 5/13 accumulation of rubbish/ brush/ debris 12/17/08 6/3 tall grass/ weeds Ting Zheng 7007 Newton Ave N 1/28 garbage storage/ removal 15/15 tall grass/ weeds 1/28 not licensed for rental 7/14 tall grass/ weeds 9/19 tall grass/ weeds 11/14 vacant 11/14 screening commercial dumpsters 11/14 accumulation of rubbish/ 10/2/08 brush/ debris • • i Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Ben Dossman 6007 Girard Ave N None 5/14 not licensed for rental 5/14 unfit 6/13 vacant 6/20 garbage storage/ removal 6/20 accumulation of rubbish/ brush/ debris 6/20 accumulation of junk/ furniture/ appliances 12/1/04 11/6 accessory buildings Ben Dossman 6137 Lee Ave N 1/1/04 None 7/1 trees Ben Dossman 5307 Penn Ave N 12/28/06 None 6/30 tall grass/ weeds Greg Gervlis 7250 West River Rd None 4/18 fences 4/18 driving/ parking area repair 4/18 accumulation of rubbish/ brush/ debris 4/18 accumulation of junk/ furniture/ appliances 4/18 accessory buildings 6/3 foreclosure 6/9 tall grass/ weeds 6/17 vacant 12/8 vacant 4/27/09 Greg Gervlis 6437 Scott Ave N None 7/1 tree 1/20/09 12/1 vacant Greg Gervlis 3806 Urban Ave None 5/16 foreclosure 11/14 vacant 11/14 accumulation of rubbish/ 36/09 brush/ debris Terry Hartmann 1323 67th Ln N 3/17/00 None None Terry Hartmann 1300 68th Ln N 2/1/96 None None Terry Hartmann 6809 Fremont PI N 10/17/00 None None • • 0 Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 J Thomas Equities LLC 1401 73rd Ave N None 5/23 foreclosure 6/12 tall grass/ weeds 9/19 tall grass/ weeds 5/20/09 10122 vacant J Thomas Equities LLC 6031 Colfax Ave N 2/17/09 6/24 garbage storage/ removal 12/29 vacant J Thomas Equities LLC 5547 Humboldt Ave N 6/4 proper addressing 5/7 accumulation of junk/ furniture/ appliances 5/19 unfit 5/19 vacant 2/20/09 6/11 tall grass/ weeds Sherman Kho 3328 49th Ave N 10/5 accumulation of junk/ 2/7 foreclosure 10/8/08 furniture/ appliances 6/12 tall g rass/ weeds Sherman Kho 3818 61st Ave N 5/23/07 6/11 tall grass/ weeds None Sherman Kho 2701 O'Henry Rd 3/26/09 None None Morris Matthews 6712 Beard Ave N 10/1/04 None None Morris Matthews 5200 Drew Ave N 3/1/03 None None Morris Matthews 3019 Mumford Rd 4/1/02 None None Nita Morlock 2926 53rd Ave N 1/1/02 None 5/22 tall grass/ weeds Nita I Morlock 5618 Hillsview Rd 8/1/02 None None Nita Morlock 5600 Judy La 6/1/03 None None Robert Perri 6813 Humboldt B101 None 2/27 unlicensed/ inoperable 10/27/06 vehicles Robert Perri 6813 Humboldt 8103 10/27/06 5/1 foreclosure 3/21 not licensed for rental Robert Perri 6813 Humboldt B104 10/27/06 None None Edward Roe 6418 Kyle Ave N 4/25/05 None None Edward Roe 6206 Noble Ave N 2/25/05 None None Edward Roe 6906 Toledo Ave N 2/9 garbage storage/ removal 5/6 accumulation of rubbish/ 2/9 accumulation of rubbish/ brush/ debris brush/ debris 5/6 accumulation of junk/ 2/9 accumulation of junk/ furniture/ appliances furniture/ appliances 5/22 tall grass/ weeds 2/9 accessory buildings 6/23 tall grass/ weeds 2/1/05 5/14 tall grass/ weeds Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Sufeng Zheng 2813 66th Ave N None 4/10 vacant 9/11/09 6/4 tall grass/ weeds Sufeng Zheng 5408 Colfax Ave N 2/3 foreclosure None 3/23 vacant 6/23/09 8/14 permitted signs Sufeng Zheng 6910 France Ave N 9/9 vacant 7/1 trees 8/20/09 9/9 tall grass/ weeds Owners of More Than One Re ntal Property i Owns 2 properties Single Family /Co ndo (unless otherwise noted) Owns 3 properties Response to 11/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Gary Brummer River Glen Apts None 2/21 unlicensed/ inoperable bldgs 128 units vehicles 5/16 screening commercial 11/1/91 dumpsters Gary Brummer 2406 Ericon Dr None 7/8 vacant 7/8 parts/ engines & related items , 7/8 accumulation of rubbish/ brush/ debris 7/8 accumulation of junk/ furniture/ appliances 8/18 garbage storage/ removal 9/29 vacant 4/28/09 _ Gary Brummer 7018 France Ave N 4/30 vacant 4/2 foreclosure 10/13 unlicensed/ inoperable 6/5 tall grass/ weeds 4/28/09 vehicles Gary Brummer 5819 Knox Ave N 5/14 vacant 8/5 unlicensed/ inoperable vehicles 6/10 trees 9/10 foreclosure 6/5/09 Deepak Nath 6443 Emerson Ave N 6/10 trees 6/11 tall grass/ weeds 6/22 tall grass/ weeds 6/24 vacant 2/12/09 8/13 trees_ Deepak Nath 7142 France Ave N 12/26/08 None None Deepak Nath 7235 Fremont Ave N 8/5 vacant 11/3 accumulation of rubbish/ 8/25 tall grass/ weeds brush/ debris 8/3/09 11/14 foreclosure Deepak Nath 4318 Winchester La None 4/18 foreclosure i 6/4 tall grass/ weeds 6/11 abandoned vehicles 9/19 tall grass/ weeds 12/18/08 11/25 vacant • s � Owners of More Than One Rental Property Owns 2 properties Single Fam /Condo (unl otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase I Name Property Addresses Date Code Violations 2009 Code Violations 2008 Charles Bright 4701 Eleanor La None 4/9 foreclosure 1/21/09 11/14 vacant Charles Bright 5508 Fremont Ave N 4/27 vacant 7/7 accumulation of rubbish/ :7/9 tall grass/ weeds brush/ debris 7/16 accumulation of rubbish/ brush /debris 7/31 tall grass/ weeds 3/25/09 9/18 foreclosure Charles Bright 6728 Grimes Ave N None 1/18 foreclosure 1/16/09 712 tall grass/ weeds Charles Bright 6349 Halifax Dr None 1/3 foreclosure 10/3/08 6/20 tall grass/ weeds _ Charles Bright 6424 Marlin Dr 4/14 vacant 8/22 foreclosure 5/29 tall grass/ weeds 6/10/09 6/10 trees Raymond Charest 6807 Humboldt C103 8/8/08 None None Raymond Charest 6807 Humboldt C304 9/17/08 None None Raymond Charest 6813 Humboldt B202 8/4/08 None 3/21 not licensed for rental Raymond Charest 6813 Humboldt B301 None 1/10 foreclosure 9/5/08 3/24 not licensed for rental Raymond Charest 6819 Humboldt A301 9/18/09 None None Raymond Charest 6819 Humboldt A302 None 2/27 unlicensed/ inoperable vehicles 3/24 not licensed for rental 2/25/09 4/24 foreclosure Raymond Charest 6819 Humboldt A303 5/8/09 None 9/10 foreclosure • Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Dragon Property Management 5547 Lyndale Ave N None 3/24 unlicensed/ inoperable bldg 4 units vehicles 3/24 screening commercial 1/21/05 dumpsters Dragon Property Management 5601 Lyndale Ave N 7/29 unlicensed/ inoperable None 1 bldg 4 units 1/21/05 vehicles Dragon Property Management 5519 -23 Lyndale Ave N None None duplex 1211100 Dragon Property Management 501 Bellvue La None 10/14 accumulation of junk/ 6/1/01 furniture/ appliances Dragon Property Management 5421 Lyndale Ave N 1/3/07 None None Dragon Property Management 5505 Lyndale Ave N 4/1/98 None None Dragon Property Management 5559 Lyndale Ave N 07/29 parts/ engines & related None items basketball hoop in right of way accumulation of rubbish/ brush/ debris accumulation of junk/ furniture/ 1/1/05 appliances Dragon Property Management 6448 Willow La N 1/1/02 None None Dragon Property Management 6500 Willow La N 1/1/04 None None Bruce Goldberg 833 57th Ave N None 3/27 accumulation of junk/ furniture/ appliances 3/31/06 8/26 miscellaneous Bruce Goldberg 5906 Dupont Ave N 7/1/04 5/19 tall grass/ weeds None Bruce Goldberg 5742 Fremont Ave N None 7/9 tall grass/ weeds 11/1/96 7/29 tall grass/ weeds Bruce Goldberg 15528 Humboldt Ave N 11/1/04 None None Bruce lGoldberg 15636 Irving Ave N 7/8/05 None INone 0 • • Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Drew Kabanuk 360147th Ave N None None bldg 11 units 9/1/03 Drew Kabanuk 3613 47th Ave N 5/26 accumulation of junk/ None 1 bld 1 1 units 9/1/03 furniture/ appliances Drew Kabanuk 316147th Ave N None None 1 bldg 11 units 3/1/03 Drew Kabanuk 3713 47th Ave N None None bldg 11 units 12/1/03 Drew IKabanuk _ 5807 Drew Ave N 7/1/01 None INone Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Lin Shuang LLC 3912 58th Ave N 6/23 tall grass/ weeds 2/8 foreclosure 8/12 tall grass/ weeds 1/9/09 12/4 vacant Lin Shuang LLC 4700 63rd Ave N None 7/25 foreclosure 8/21 tall grass/ weeds 3/3/09 12/27 vacant Lin Shuang LLC 2801 66th Ave N 5/26 tall grass/ weeds 11/17 foreclosure 8/6/09 vacant _ Lin Shuang LLC 4806 69th Ave N 5/14 tall grass/ weeds 6/3 tall grass/ weeds 8/13 tall grass/ weeds 6/19/09 _ 10/1 tall grass/ weeds Lin Shuang LLC 5701 Bryant Ave N 5/14 tall grass/ weeds 3/4 foreclosure 9/10 tall grass/ weeds 7/22 vacant 9/30 accumulation of junk/ 7/22 accumulation of rubbish/ furniture/ appliances brush/ debris 7/22 accumulation of junk/ furniture/ appliances 6/12/09 10/1 tall grass/ weeds Lin Shuang LLC 5740 Logan Ave N 1/26 vacant 4/4 foreclosure 9/10 tall grass/ weeds 6/11 tall grass/ weeds 11/3 unlicensed/ inoperable vehicles 11/3 illegal parking/ storage of 4/1/09 vehicles Lin Shuang LLC 7007 Morgan Ave N 8/11/09 9/14 vacant 10/17 foreclosure Lin Shuang LLC 6901 Quail Ave N 2/23 miscellaneous 3/31 vacant 5/2 foreclosure 11/26/08 6/3 tall grass/ weeds Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties I Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 William Lind 6807 Humboldt C101 None 3/21 not licensed for rental 9/2/08 11/4 miscellaneous William Lind 6807 Humboldt C102 9/2/08 None 3/21 not licensed for rental William Lind 6807 Humboldt C204 None 3/21 not licensed for rental 10/10/08 4/24 foreclosure William Lind 6807 Humboldt C303 2/23/09 None None William Lind 6813 Humboldt B102 10/14/08 None None William Lind 6813 Humboldt B203 6/26/08 None 3/21 not licensed for rental William Lind 6813 Humboldt 8204 _6_/17/08 None 3/21 not licensed for rental William Lind 6819 Humboldt A102 9/2/08 None 3/21 not licensed for rental William Lind 6819 Humboldt A104 9/2/08 None 3/21 not licensed for rental William Lind 6819 Humboldt A201 10/16/08 None 3/4 foreclosure William Lind 6819 Humboldt A204 11/6/08 None 3/27 foreclosure Jared Lundgren 5012 71st Ave N 12/30/08 None 4/29 foreclosure Jared Lundgren 6518 Chowen Ave N 11/13/08 None 11/25 vacant Jared Lundgren 6943 Drew Ave N 6/1 trees 7/2 tall grass/ weeds 12/19/08 6/24 trees Jared Lundgren 6324 Indiana Ave N 2/9 vacant None 4/30 not licensed for rental 5/12 foundation/ exterior walls/ 12/10/08 roof Jared Lundgren 5840 Knox Ave N 11/4 garbage storage/ removal None 11/4 accumulation of junk/ 2/15/08 furniture/ appliances Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unless otherwise noted) Owns 3 properties Response to 11/09/09 Study Session Qwns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses IDate Code Violations 2009 Code Violations 2008 Mains'I Properties 3706 55th Ave N 1/1/03 None None Mains'I Properties 5501 Brooklyn Blvd _ 11/1/99 None None Mains'I Properties 3812 Janet La 8/1/01 None None Mains'I Properties 2812 O'Henry Rd 4/1/99 None None Mains'I Properties 3206 Thurber Rd 11/1/01 None INone Pavel Sakurets 5224 65th Ave N 6/2 illegal parking/ storage of 10/24 foreclosure vehicles 9/8/09 9/21 garbage storage/ removal Pavel Sakurets 1600 71st Ave N 1/28 vacant 6/19 tall grass/ weeds 5/20/09 6/16 trees Pavel Sakurets 5312 Newton Ave N None 9/10 foreclosure 5/15/09 19/18 vacant Pavel Sakurets 6400 Quail Ave N 6/10 trees 4/25 foreclosure 1/29/09 16/23 trees Pavel Sakurets 5349 Sailor La (None 3/7 foreclosure 3/3/09 1 11/24 vacant Owners of Mor Than One Rental Property Owns 2 properties Single F amily / Con do (unless otherwise noted)_ Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Paul Miller 4810 63rd Ave N 1/21 accumulation of junk/ 3/1 not licensed for rental NOTE: Paul Miller and Bradley furniture/ appliances 8/25 trees Schumacher are owners of 4/6 vacant Shoemiller Properties LLC 4/6 garbage storage/ removal 4/6 accumulation of junk/ 6/21/06 furniture/ appliances Bradley Schumacher 5240 Drew Ave N None 5/2 miscellaneous 1 bldg 4 units 8/31/06 Shoemiller Properties LLC 1513 Humboldt PI N None 6/20 foreclosure 6/15/09 10/20 vacanX Shoemiller Properties LLC 1519 Humboldt PI N None 6/20 foreclosure 10120 vacant 10/20 accumulation of rubbish/ i 6/15/09 brush/ debris Shoemiller Properties LLC 1525 Humboldt PI N None 3/26 foreclosure 6/15/09 10120 vacant Shoemiller Properties LLC 1537 Humboldt PI N None 2/21 foreclosure 6/15/09 10/20 vacant _ Shoemiller Properties LLC 1549 Humboldt PI N None 3/13 foreclosure 10/20 vacant 10/20 accumulation of rubbish/ 6/15/09 brush/ debris Shoemiller Properties LLC 11555 Humboldt PIN 1 6/30/091 None 11/5 foreclosure Owners of More Than One Rental Property Owns 2 properties Single Family /Condo (unles ot herwise noted) Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Douglas Wahl 4806 Twin Lake Ave None 2/28 miscellaneous bldg 4 units 11/14 unlicensed/ inoperable i vehicles 11/14 screening commercial 6/13/08 d u m pste rs Douglas Wahl 3707 61st Ave N None 9/19 tall grass/ weeds 10/6 vacant =- 10/13 accumulation of rubbish/ 1/8/09 brush/ debris Douglas Wahl 5325 70th Cir 9/8/08 None None Douglas Wahl 5418 70th Cir 4/15/08 None None Douglas Wahl 5857 Colfax Ave N 1/8/091 None 12/8 vacant _ Douglas Wahl 6114 Dupont Ave N 2/4 vacant 6/11 tall grass/ weeds 6/8 abandoned vehicles 8/1 tall grass/ weeds 2/17/09w6/10 trees Douglas Wahl 5640 Fremont Ave N 7/8/081 None 7/2 tall grass/ weeds 10 vacant -4/25 foreclosure 6014 Girard Ave N 2 Douglas Wahl 2/10 trees ; 8/26 accumulation of rubbish/ brush/ debris i 10/13 accumulation of junk/ ' furniture/ appliances 12/15 accumulation of rubbish/ i brush/ debris 12/15 accumulation of junk/ 4/27/09i Ifurniture/ appliances . 0 • • Owners of M ore Than One Rental Property _ Owns 2 properties Single Family /Co ( ynle5s oth erwise notedy 1 Owns 3 properties Response to 11/09/09 Study Session Owns 4 properties Report Prepared 11/17/09 Owns 5+ properties Purchase Name Property Addresses Date Code Violations 2009 Code Violations 2008 Douglas Wahl 5351 Irving Ave N 3/2 illegal parking/ storage of 5/22 tall grass/ weeds .vehicles 7/14 vacant '3/2 garbage storage/ removal I 3/2 accumulation of rubbish/ brush/ debris 3/11 garbage storage/ removal 3/11 accumulation of rubbish/ brush/ debris 7/17 unlicensed/ inoperable vehicles 7/17 garbage storage/ removal 7/17 accumulation of rubbish/ 7/22/08 brush/ debris Douglas Wahl 5443 Irving Ave N None 12/2 vacant 12/2 miscellaneous 4/15/09 12/15 foreclosure Douglas lWahl 5739 James Ave N 7/7/09 None 7/15 vacant Douglas Wahl 6413 June Ave N 2/17/09 None 5/2 garbage storage/ removal Douglas Wahl 5310 Knox Ave N 3/21/08 None 5/22 tall grass/ weeds Douglas Wahl 7030 Regent Ave N 7/9 tall grass/ weeds 7/24 tall grass/ weeds 10/20 accumulation of rubbish/ brush/ debris 11/7 foreclosure 10/20/08 12/10 vacant Douglas Wahl 16601 Unity Ave N 7/3/08 None lNone Work Session Agenda Item No. 4 City of Brooklyn Center A Millennium Community MEMORANDUM - COUNCIL WORK SESSION DATE: December 10, 2009 TO: Curt Boganey, City Maneo� FROM: Curt Boganey SUBJECT: Property Tax Comparisons COUNCIL ACTION REQUIRED The property tax comparison information attached is provided as information in response to your request. I BACKGROUND The information attached includes a list of tax capacity rates for all Cities within Hennepin County and four (4) chart using nearby and our normal comparison cities to compare extension rates, tax capacity per capita, levy per capita and tax per median • valued home. COUNCIL POLICY ISSUES Does the data provided inform the policy judgment of the City Council? Is there a desire for additional tax comparison information or analysis? 1) 1 d AO rnrr� ��> ra..a A-, 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 Taxation Comparisons What property tax comparison don't say • What is the public demand /need for government service • How is property taxation affected by non property tax source of income i.e. intergovernmental assistance, fees, assessments, transfers, grants, debt, donations etc. • What is the quality of service • What is the efficiency of service • What is the effectiveness of service Choice of Cities • Council Policy • Nearby often referred to by citizens Why Per Capita • Away to normalize comparison based on the theory that there is a fairly strong correlation between service demand and population size. Why Median Valued Home • A way to normalize comparison based a theory that home value indicates ability to pay and taxes per median household averages the cost per household Alternative Comparisons not readily available • Taxes per household • Taxes as a share of personal income • Residential taxes per household • Industrial /Commercial Taxes per business • And there are many other ways to compare Total Market General Sewer HRA/ Tax Capacity Vaue • Levy District Subtotal EDA Lew Levv Bloomington 37.869% 2.824% 40.693% 1.865% 42.558% 0.15907% Brooklyn Center 51.056% - 51.056% 1.316% 52.372% 0.03773% Brooklyn Park 46.397% - 46.397% 1.880% 48.277% 0.02461% Champlin 34.962% - 34.962% 1.394% 36.356% - Chanhassen 25.435% - 25.435% - 25.435% 0.01152% Corcoran 33.604% - 33.604% - 33.604% - Crystal 42.716% - 42.716% 1.395% 44.111% 0.01249% Dayton 50.753% - 50.753% 0.173% 50.926% - Deephaven 15.603% - 15.603% - 15.603% - Eden Prairie 29.065% - 29.065% 0.187% 29.252% 0.01716% Edina 22.668% - 22.668% - 22.668% 0.00601% Excelsior 30.666% - 30.666% - 30.666% - Golden Valley 48.183% - 48.183% - 48.183% - Greenfield 25.111% - 25.111% - 25.111% - Greenwood 18.233% - 18.233% - 18.233% - Hanover 40.921% - 40.921% 1.729% 42.650% - Hassan 22.885% - 22.885% - 22.885% - Hopkins 48.990% - 48.990% 0.387% 49.377% 0.13158% Independence 34.100% - 34.100% - 34.100% - Long Lake 37.507% - 37.507% - 37.507% - Loretto 46.778% - 46.778% - 46.778% - Maple Grove 33.946% - 33.946% 0.172% 34.118% - Maple Plain 50.069% - 50.069% - 50.069% - Medicine Lake 34.951% - 34.951% - 34.951% - • Medina 17.231% _ 17.231% - 17.231% - Minneapolis 60.838% 60.838% 60.838% 0.02524% Minnetonka 30.655% - 30.655% 0.200% 30.855% 0.01425% Minnetonka Beach 22.445% - 22.445% - 22.445% - Minnetrista 27.053% - 27.053% - 27.053% - Mound 37.496% - 37.496% 1.720% 39.216% - New Hope 48.066% 0.273% 48.339% - 48.339% - Orono 13.670% - 13.670% - 13.670% - Osseo 49.496% 10.276% 59.772% - 59.772% - Plymouth 25.447% - 25.447% 0.511% 25.958% 0.00742% Richfield 47.996% - 47.996% 1.833% 49.829% - Robbinsdale 40.548% - 40.548% 1.605% 42.153% 0.01929% Rockford 46.497% - 46.497% - 46.497% - Rogers 41.783% - 41.783% - 41.783% - Saint Anthony 54.444% - 54.444% 1.282% 55.726% - Saint Bonifacius 28.854% - 28.854% - 28.854% - Saint Louis Park 36.827% - 36.827% 1.704% 38.531% - Shorewood 26.742% - 26.742% - 26.742% - Spring Park 37.710% - 37.710% - 37.710% - Tonka Bay 15.373% - 15.373% - 15.373% - Wayzata 20.692% - 20.692% - 20.692% 0.01452% Woodland 8.466% - 8.466% - 8.466% - • Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY2010 V Pay Pay pay Pay Pay 2008 2009 Taxable 2010 2010 2009 Tax Capacfty 2010 Levy city Population Tax Capacity Levy Extension Rate Per Capita Per Capita Br q 72 658.83 $ 447.38 Brooklyn Park 75,156 60,841,677 31,885,808 44.325 $ 809.54 $ 424.26 Columbia Heights 18,137 13,355,599 9,075,425 56.888 $ 736.37 $ 500.38 Crystal 22,167 17,076,268 9,372,802 44.111 $ 770.35 $ 422.83 Fridley 26,422 27,701,940 10,120,162 32.233 $ 1 $ 383.02 Golden Valley 20,326 33,320,799 16,327,725 48.180 $ 1,639.32 $ 803.29 Maple Grove 59,932 85,563,400 29,561,631 33.816 $ 1,427.67 $ 493.25 Maplewood 36,717 42,544,252 16,670,046 35.302 $ 1,158.71 $ 454.01 Richfield 33,676 29,206,520 15,288,021 47.951 $ 867.28 $ 453.97 Robbinsdale 13,598 11,309,068 5,664,783 40.540 $ 831.67 $ 416.59 Roseville 34,345 46,322,408 14,300,000 27.544 $ 1,348.74 $ 416.36 Shoreview 26,036 31,423,644 9,005,000 27.597 $ 1,206.93 $ 345.87 White Bear Lake 24,679 25,747,815 4,666,000 16.519 $ 1,043.31 $ 189.07 Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY2O1O Pay Pay Pay Pay Pay 2008 2009 Taxable 2010 2010 2009 Tax Capaciity 2010 Levy City Population Tax Capacity Levy Extension Rate Per Capita Per Capita White Bear Lake 24,679 25,747,815 4,666,000 16.519 $ 1,043.31 $ 189.07 Roseville 34,345 46,322,408 14,300,000 27.544 $ 1,348.74 $ 416.36 Shoreview 26,036 31,423,644 9,005,000 27.597 $ 1,206.93 $ 345.87 Fridley 26,422 27,701,940 10,120,162 32.233 $ 1,048.44 $ 383.02 Maple Grove 59,932 85,563,400 29,561,631 33.816 $ 1,427.67 $ 493.25 Maplewood 36,717 42,544,252 16,670,046 35.302 $ 1,158.71 $ 454.01 Robbinsdale 13,598 11,309,068 5,664,783 40.540 $ 831.67 $ 416.59 Crystal 22,167 17,076,268 9,372,802 44.111 $ 770.35 $ 422.83 Brooklyn Park 75,156 60,841,677 31,885,808 44.325 $ 809.54 $ 424.26 Richfield 33,676 29,206,520 15,288,021 47.951 $ 867.28 $ 453.97 Golden Valley 20,326 33,320,799 16,327,725 48.180 $ 1,639.32 $ 803.29 Brooklyn Center 30,330 19,982,183 13,568,972 52.372 $ 658.83 $ 447.38 Columbia Heights 18,137 13,355,599 9,075,425 56.888 $ 736.37 $ 500.38 ' 3 Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY2010 Pay Pay Pay Pay pay 2008 2009 Taxable 2010 2010 2009 Tax CapacAty 2010 Levy City Population Tax Capacity Levy Extension Rate Per Capita Per Capita 83Vr'. "11; 51 69i 7Z, $ 658.83 $ 447.38 �g Columbia Heights 18,137 13,355,599 9,075,425 56.888 $ 736.37 $ 500.38 Crystal 22,167 17,076,268 9,372,802 44.111 $ 770.35 $ 422.83 Brooklyn Park 75,156 60,841,677 31,885,808 44.325 $ 809.54 $ 424.26 Robbinsdale 13,598 11,309,068 5,664,783 40.540 $ 831.67 $ 416.59 Richfield 33,676 29,206,520 15,288,021 47.951 $ 867.28 $ 453.97 White Bear Lake 24,679 25,747,815 4,666,000 16.519 $ 1,043.31 $ 189.07 Fridley 26,422 27,701,940 10,120,162 32.233 $ 1,048.44 $ 383.02 Maplewood 36,717 42,544,252 16,670,046 35.302 $ 1,158.71 $ 454.01 Shoreview 26,036 31,423,644 9,005,000 27.597 $ 1,206.93 $ 345.87 Roseville 34,345 46,322,408 14,300,000 27.544 $ 1,348.74 $ 416.36 Maple Grove 59,932 85,563,400 29,561,631 33.816 $ 1,427.67 $ 493.25 Golden Valley 20,326 33,320,799 16,327,725 48.180 $ 1,09.32 $ 803.29 • • • Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY2010 f Pay Pay Pay Pay Pay 2008 2009 Taxable 2010 2010 2009 Tax Capaciity 2010 Levy City Population Tax Capacity Levy Extension Rate Per Capita Per Capita White Bear Lake 24,679 25,747,815 4,666,000 16.519 $ 1,043.31 $ 189.07 Shoreview 26,036 31,423,644 9,005,000 27.597 $ 1,206.93 $ 345.87 Fridley 26,422 27,701,940 10,120,162 32.233 $ 1,048.44 $ 383.02 Roseville 34,345 46,322,408 14,300,000 27.544 $ 1,348.74 $ 416.36 Robbinsdale 13,598 11,309,068 5,664,783 40.540 $ 831.67 $ 416.59 Crystal 22,167 17,076,268 9,372,802 44.111 $ 770.35 $ 422.83 Brooklyn Park 75,156 60,841,677 31,885,808 44.325 $ 809.54 $ 424.26 Brooklyn.0 . 30j3- 19 13,56.8,9,72 5 :;372 ertiter, $ 658.83 $ 447.38 Richfield 33 29 206,520 15,288,021 47.951 $ 867.28 $ 453.97 Maplewood 36,717 42,544,252 16,670,046 35.302 $ 1,158.71 $ 454.01 Maple Grove 59,932 85,563,400 29,561,631 33.816 $ 1,427.67 $ 493.25 � Columbia Heights 18,137 736.37 13,355,599 9,075,425 56.888 $ $ 5 0 0.38 Golden Valley 20,326 33,320,799 16,327,725 48.180 $ 1,639.32 $ 803.29 • • s Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY2010 Pay Pay Pay Pay Pay Pay Pay 2010 2008 2009 Taxable 2010 2010 2009 Tax Capadity 2010 Levy 2010 City Tax Portion City Population Tax Capacity Levv Extension Rate Per Capita Per Capita Median Home Median V Home White Bear Lake 24,679 25,747,815 4,666,000 16.519 $ 1,043.31 $ 189.07 $196,200 $324.10 Roseville 34,345 46,322,408 14,300,000 27.544 $ 1,348.74 $ 416.36 $223,900 $616.71 Fridley 26,422 27,701,940 10,120,162 32.233 $ 1,048.44 $ 383.02 $191,400 $616.94 Robbinsdale 13,598 11,309,068 5,664,783 40.540 $ 831.67 $ 416.59 $176,000 $713.50 Shoreview 26,036 31,423,644 9,005,000 27.597 $ 1,206.93 $ 345.87 $262,200 $723.59 Maplewood 36,717 42,544,252 16,670,046 35.302 $ 1,158.71 $ 454.01 $205,400 $725.10 Crystal 22,167 17,076,268 9,372,802 44.111 $ 770.35 $ 422.83 $173,000 $763.12 s: 5'372 :65F3.83 ` - 447.3 $'.,. 0: Brooklyn; Center $ . -.... Brooklyn Park 75,156 60,841,677 31,885,808 44.325 $ 809.54 $ 424.26 $198,300 $878.96 Maple Grove 59,932 85,563,400 29,561,631 33.816 $ 1,427.67 $ 493.25 $275,300 $930.95 Richfield 33,676 29,206,520 15,288,021 47.951 $ 867.28 $ 453.97 $195,000 $935.04 Columbia Heights 18,137 13,355,599 9,075,425 56.888 $ 736.37 $ 500.38 $177,800 $1,011.47 Golden Valley 20,326 33,320,799 16,327,725 48.180 $ 1,639.32 $ 803.29 $270,000 $1,300.86 exc. Mvt and credit i 60 a Work Session Agenda Item No. 5 OT City of Brooklyn Center A Millennium Community MEMORANDUM - COUNCIL WORK SESSION DATE: December 11, 2009 TO: City Council FROM: Curt Boganey, City Mana &A SS SUBJECT: Sister City Relationship COUNCIL ACTION REQUIRED Staff direction regarding the establishment of a Sister City Relationship is requested BACKGROUND On October 12, 2009, Mr. Kerper Dwanyen, President of the Organization of Liberians addressed the City Council as follow up to meeting with the Mayor Tappita City, Liberia. During that meeting the Mayor of Tappita suggested that she would be interested in the establishment of a Sister City Relationship with the City of Brooklyn Center. The • objective of this relationship would be recognizing the significant presence of Liberian natives in Brooklyn Center, to strengthen the relation and provide for cultural, economic and educational exchange opportunities. At the meeting the Council was addressed by Ms. Sharon Kerphart of 5130 65 who expressed an interest in having a Sister City relationship established between the City of Brooklyn Center and Lofa County, Liberia. The majority consensus of the Council was to direct staff to further explore the concept of initiating a Sister City Program. It was noted that the Council is open to proposals for additional Sister City Relationships in addition to Tappita, Liberia. On October 26 during Open Forum Ms. Keko F. Smith of 800 66 Avenue addressed the City Council and expressed an interest in establishing a Sister City Relationship between Brooklyn Center and Kakata, Liberia. I have attached from Sister City International that raises several critical questions about the establishment of a Sister City Relationship. Pages Seven (7) and Eight (8) discuss what makes for a successful Sister City Program. I would like to highlight some of these issues. • Solid support and involvement by the City and business sector • • A broad based sister city committee • Alliance 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 • • Communication • Cultural Sensitivity • Clear objectives • Regular exchanges • Willingness to take Risks • SCI affiliation o Dues Payments One of the other suggestions outlined in this tool kit is that, sufficient time should be taken to develop a strong base of support for the partnership. If the City is willing to proceed there appears to two critical factors 1. Commitment from City Hall a. Mayor Council Role b. Staff Liaison Commitment 2. Annual Dues Payment 10.00 er a. $5 ear p y For community advocates to participate it seems that there are several actions that the City may wish to require, including the following 1. A formal letter or statement from the Sister City expressing interest in the . relationship 2. Information exchange about the community 3. Formal structure ( preferably non - profit corporation) provide the City with organization bylaws and a memorandum of understanding that at minimum will: a. Describe how a broad based sister city committee will be established b. How formal alliances will be established c. How cultural differences will be bridged d. A statement of clear program objectives e. How exchanges will be carried out on an ongoing basis COUNCIL POLICY ISSUES Does the establishment of Sister City Relationships further Council policy and objectives? Does the described process above for considering Sister City relationships meet the expectations of the City Council? • 4 1 " r '*_ t i N ; 2009 Membership Application Annual Dues ($US) City/County Population Dues City/County Population Dues Non - Voting Members Dues More than 1,000,000 $1,965 5,000- 10,000 $250 Corporate $1,000 500,000- 1,000,000 $1,665 Under 5,000 $150 Nonprofit Organizations $600 300,000- 500,000 $1,190 Embassy $500 100,000- 300,000 $880 Other Voting Members Individual $50 50,000- 100,000 $680 State Governments $1,260 25,000- 50,000 $510 Municipal Associations $1,000 10,000- 25,000 $360 Global Members $140 Please Print or Type Membership Category o City o County o State o Global Member o Municipal Association o Corporation o Embassy ❑ Individual City - - - ... County - -- -- - - - State Country Population Corporation Name Individual Name Date of Application Member Information Primary Contact Name Title Organization - --- - - - -- - - -- — - — -- Address City State Zip Country Phone Fax E-mail address Please list any existing sister city/county /state relationships: Billing Information (if different from member information) Billing Contact Title Organization - — -- - --- - -- — - — - - -- — — _ -- — Address State Zip ��tY Country Phone Fax E -mail address Payment Method: o Check (Make payable to Sister Cities International) ❑ Visa o Mastercard o American Express Card No. Expiration Date CC Security Code Cardholder Name Cardholder Signature Honorary Chairman — President of the United States 1301 Pennsylvania Ave, NW • Suite 850 • Washington, DC 20004 • 202.347.8630 • Fax 202.393.6524 • N ww.sister cities.oru 1 1"A S I S T E R �C IT I E S M What Are Sister Cities? Information for U.S. and International Communities What is Sister Cities International? What is a Sister City, County or State Relationship? • What is the Difference Between a Sister City and a Friendship City? How Do Sister Cities Find Each Other and Develop a Relationship? Important Factors for U.S. Communities to Keep in Mind When Developing a Sister City Partnership with a City Abroad Important Factors for International Communities to Keep in Mind When Developing a Sister City Partnership with a City in the United States What Do Sister Cities Do? What Makes a Successful Sister City Program? SCI Affiliations Policy SISTER CM &S )INTERNATIONAL 1301 Pennsylvania Avenue, NW, Suite 850 Washington, DC 20004 USA . Phone: (202) 347 -8630 Fax: (202) 393 -6524 info @sister- cities.org www.sister - cities.org What Are Sister Cities? What is Sister Cities International? Sister Cities International (SCI) is the national headquarters for sister city, county and state programs in the United States. The U.S. Sister Cities program traces its roots to 1956 when President Dwight D. Eisenhower proposed a People -to- People citizen diplomacy initiative. Originally a part of the National League of Cities, SCI became a separate, non - profit corporation in 1967 due to the tremendous growth and popularity of the U.S. program. For almost 50 years, SCI has empowered citizen diplomats as they engage in meaningful international exchange programs. SCI assists cities, counties and states with every phase of the twinning process, providing support, networking and outreach for current and future sister city programs. SCI organizes an Annual Conference and other state and international meetings; publishes monthly newsletters and other materials that support the work of sister cities; and administers a wide variety of public and private sector grant projects. These projects include everything from municipal training and community problem solving, to exchanges of media managers, thematic youth exchanges and professional internships focused on a volunteerism, aging, healthcare, public safety, the environment, and more. What is a Sister City; County or State Relationship? A sister city, county or state relationship is a broad- based, officially approved, long -term partnership • between two communities, counties or states in two countries. A sister city, county or state relationship becomes official with a signing ceremony of the top- elected officials of the two local jurisdictions, following approval by the local city councils (county commissions or state legislatures), as appropriate. Sister city partnerships have the potential to carry out the widest possible diversity of activities of any international program, including every type of municipal, business, professional, educational and cultural exchange or project. Sister city programs are also unique in that they inherently involve the three main sectors in a community: local government, businesses, and a wide variety of citizen volunteers (and civil society or non - profit organizations). What is the Difference Between a Sister City and a Friendship City? Various terms are used around the world to describe a long -term partnership between two communities: sister cities (United States, Mexico), twin cities (Russia, United Kingdom), friendship cities (as with relations between Japanese and Chinese cities), partnerstadt (Germany), and jumelage (France) all denote the same concept of partnered communities. Although "sister cities" is the commonly used term in the United States, some U.S. cities have formed "friendship city" relationships with communities abroad. Often, there is no difference between these terms. For example, a "friendship city" relationship might be more active than a "sister city" relationship. If there is a difference in meaning, it is that "friendship city," in the United States tends to refer to a partnership that is slightly limited in scope. • SCI encourages U.S. communities to use the term "sister city" instead, unless there is a specific purpose for limiting the range of the partnership. The most important thing is that these relationships should not 2 be entered into casually; there must be a commitment to develop support from your city hall and • community as a whole for the affiliation, keeping it active, with substantive programs, over the long- term. How Do Sister Cities Find Each Other and Develop a Relationship? Cities find each other in many different ways. Sometimes it is a top -down process, where two mayors meet and become friends, then involve the rest of their community. Other times, it is a bottom -up process where a group or individual in the community, an educator, a businessman /woman, a service club or an ethnic association, take the lead and organize a sister city committee, then request that their elected leaders form an official partnership. Some cities link because they share the same name, or celebrate the same famous festival. Charming odd coincidences or chance meetings sometimes also lead to a sister city affiliation. SCI also acts as a matchmaker, utilizing its "Cities Seeking Cities" section of the International Community Resource Center (ICRC), which enables communities to "meet" one another by reviewing on -line profiles. All communities, both U.S. and international, must complete a "Request for a Sister City" form in order to participate in this on -line service. In general, it is wise for cities to pursue a relationship with a community that is as similar as possible in terms of geography, population, industries and interests. On the other hand, there are many successful "marriages" of opposites. Here are some examples of the different ways that communities find each other: • . New Brunswick, New Jersey has a large population of Hungarian Americans. This common ethnic heritage was the central factor in New Brunswick linking with Debrecen, Hungary. Similarly, African Americans form the core group of the Portland, Oregon — Mutare, Zimbabwe Sister Cities Committee. • A number of sister city ties have been formed after a U.S. or foreign company opened a factory in a city abroad, or when two cities have very similar economic bases, such as two ski resort communities. Also, sister cities can be sister ports, as with Seattle, Washington and Kobe, Japan. • Communities with the same name often consider partnerships. Toledo, Spain and Toledo, Ohio are sister cities, for example. Even Horseheads, New York found a city with the same name — in Japan. The Chinese characters used in Bato, Japan (BA -TO) mean "Horse - head(s)." • Diplomatic staff at post around the world, Peace Corps volunteers and business travelers often contact SCI regarding communities they are aware of which share interests and would be perfect matches for one another. • The owner of Japan's Western Village, a theme park near Imaichi, Japan, visited Rapid City, South Dakota after seeing the film "Dances With Wolves," which was filmed near Rapid City. As a result of this visit, and the contacts made, the two cities developed a successful partnership. • An elementary school class in Washington State lobbied the mayor of Gig Harbor, Washington, to find a sister city after learning about the concept from their teacher. • Many sister school, university, YMCA, or Rotary Club partnerships have developed into a formal sister city link. 3 Once two cities have found each other, it is very important that they not rush the formalization process. • Sufficient time should be taken to develop a strong base of support for the partnership in both communities, including: • The two cities should share information, including their best brochures, city reports, and videos, if available. • Each community should develop strong city hall and business support and, most importantly, a broad -based committee made up of a wide -range of citizens who are interested in supporting the partnership. This committee should not consist of only one ethnic group, nor be dominated by a single individual. • Official delegations should visit both communities. These official delegations should include, but not be limited to: the mayor (or another high ranking city official); representatives of the business the actin resident chair and /or city liaison for the sister city program; community; g p ty h' an educator; p g and a person or group to highlight local culture, such as a performing artist. • It is often desirable to carry out a specific, substantive exchange or project of interest to both sides prior to formally linking as sister cities. These projects then become a concrete success story to build on — a statement that the program will be active and meaningful for both sides. Such first exchanges could include an exchange of children's artwork, an internship involving city officials focused on city planning or the environment, hosting a business delegation, and /or a cultural arts performance. Important Factors for U.S. Communities to Keep In Mind When Developing a e Sister City Partnership with a City Abroad City Hall Vs. Citizen Volunteers In most countries in the world, sister city programs are formally managed by an international relations division or some other official representative at city hall. There are obvious historical and practical reasons for this, such as centuries of cultural influence of Confucianism in East Asia, or a history of greater central control of local government in Indonesia or the NIS. The United States with its tradition of more individualistic volunt eerism is more the exc than the rule. It is therefore critical, as a matter of basic protocol and to tap the full potential of their sister city program, that the local government in the U.S. city maintains an active interest and involvement in the sister city programs. In practical terms, this means the mayor taking time to visit with delegations; designating a contact person/support staff for sister cities at city hall; both sending and hosting selected city officials for substantive municipal exchanges and training involving local government themes, such as the environment, public safety, or city planning; and minimal support for administrative costs for the volunteer committee. At that same time, U.S. communities need to request that their counterparts abroad set up a committee of interested volunteers in their community, if they do not already have one. U.S. mayors can be effective in communicating the need for more citizen participation in their sister city. Also, U.S. leaders need to clearly communicate to their counterparts that they have designated their volunteer committee be the official arm of sister cities in their city. 4 • Resources It is sometimes the case that the more city hall- driven programs in international cities, even in developing countries, have more resources for sister cities than their more volunteer -based U.S. counterparts. If this is the case, the U.S. committee will need to make sure to tap their city's full potential for fundraising through city hall support, major corporate support, recruitment of additional individual members, appropriate service fees, and fund - raising events that have an impact. Clarifying Objectives There is often a very strong interest in "economic development" on the part of international cities who are seeking a U.S. partner. While U.S. cities also have an increasingly strong interest in this area, both will need to carefully discuss with each other exactly what they mean by "economic development." In many cases, a compromise will have to be reached between those interested more in business activities, versus educational and cultural exchanges. It is not an either /or situation — both educational and cultural exchanges, as well as opportunities to explore economic development should be part of a great sister cities program. Cultural Differences When U.S. cities host groups from abroad, the tendency is often to be informal. While this has its own unique charm and appropriateness, it is important to recognize the expectation of many international guests for more formality. It should be a given, for example, that any international guest be offered a drink (e.g. coffee, tea) when first arriving, since this is the standard custom in almost every city or • village in the world. Distinguished, high- ranking officials from abroad need to be formally recognized as such — rank and seniority are very important in many cultures. Language More often than not, English is the mode of communication in international meetings. Americans need to be highly sensitive to the difficulties faced by non - native speakers since we are usually fortunate to have our language in use. For non - native speakers ... • Explain key vocabulary words and concepts in advance • Give easy -to- understand summaries and clear analogies and metaphors for long explanations • Give time to formulate questions • Build in opportunities for rest — listening to a foreign language is hard work • Provide quality interpretation and /or translation when critical for deeper understanding, and • Make every effort to learn as much as possible of the language of your sister city — three new words a day should be considered a minimum to be a true global citizen. • 5 Important Factors for International Communities to Keep In Mind When Developing a Sister City Partnership with a City in the U.S. Volunteerism If your sister city program is administered directly by the local government in your city, then you will need to be fully acquainted with the U.S. system of volunteerism. There is a lot of variety with regard to how sister city programs are structured in the United States, but here is the typical framework: • Mayor as Honorary Chair. The mayor's level of interest in the program will vary from city to city and mayor to mayor in the United States • Staff person at city hall or the "Liaison to the Sister Cities Committee. " The level of administrative and programmatic involvement by this person also varies from city to city. This position can be found in a wide variety of departments, such as the mayor's office, the economic development department, international relations office, the city manager's office, the parks and recreation department or the cultural affairs department. • Executive Director or Coordinator of the non-profit organization "Sister Cities. " Some cities have a full -time or part-time non -city hall staff person to administer part of the work of the program. This person works on behalf of the legally incorporated Sister Cities non - profit organization (on behalf of the city government and the various volunteer committees). • President and Board Members. Many cities have an overall president of their sister cities program. These people are volunteers who rise u to these leadership positions inside the volunteer sister city p program. • Committee Chairs and Individual Volunteers. Many /most U.S. cities have chairmen or chairwomen of each of their sister city committees. Almost all U.S. sister city programs are heavily dependent on • many volunteers to support their program. Funding You need to realize that most local governments in the United States do not have large budgets for international affairs — that volunteers are the backbone of most U.S. sister city programs. In general, this has to do with a long tradition in the United States of local self - government (the federal system of national- state - municipal levels of government) and the common suspicion of what some perceive as "big government." Some local governments in the United States do not contribute any funds at all to their local sister city programs, which means that all sister city program efforts will be carried out by volunteers, requiring a great deal of their time and many out -of- pocket expenses. Although the receptions you receive from your U.S. hosts may not be as fancy (expensive) as what you can provide, you should show appreciation for the hard work and many sacrifices made by individual U.S. volunteers, and for any sponsorship by U.S. businesses which support sister city events. The United States is a Big Country The United States is a very culturally, geographically, ethnically and religiously diverse nation. An experience you have with one person, city, neighborhood or region may not be the same elsewhere, so keep an open mind and continue learning about the complex society, history, politics and cultures of the United States. You may also, at some point in your interaction with your sister city, work with women, minorities and people with disabilities in prominent leadership roles. • 6 Americans are More Informal Generally speaking, Americans can be quite informal and direct compared to people from other cultures. Americans tend to value clear, direct communication. If something is bothering you, they will expect you to tell them. Most Americans are uncomfortable having to "read someone's mind." We say: "The squeaky wheel gets the grease." Be certain to communicate and clearly explain what is polite and expected in your culture and why — and try some American customs as well! What Do Sister Cities Do? Sister city programs inherently involve a unique kind of partnership and involvement of the three main sectors of a vibrant, productive community, county or state — the local government, business and private voluntary sectors (civil society or non - profit organizations and individual citizen volunteers). Sister city programs, perhaps more than any other international program, involve the widest possible diversity of exchanges and projects. Basically, anything that goes on in a community can become — and has, in one city or another — the subject of a sister city project, including healthcare, environment, arts, education, economic and business development, public safety, municipal training, youth, and much more. What Makes a Successful Sister City Program? 1. Solid support and involvement from: • City Hall — the mayor as honorary chair; a staff person designated at city hall to support the sister • city program; direct involvement of various city departments in municipal, economic development, technical, public safety or other exchanges; various direct and in- direct (in -kind) support for sister city activities, such as assistance with administrative costs and receptions. • Business sector, with an opportunity for both corporations and small businesses, as well as individual business people, to contribute their time and /or financial or in -kind support. The local Chamber of Commerce and other key organizations should also be actively involved in the sister city program. 2. A broad -based sister city committee: The best long -term indicator of success for a sister city program (since elected officials come and go) is a broad -based sister city committee, made up of many individual citizens who are enthusiastic supporters of the sister city program. Every effort should be made to recruit people from various professions, a youth delegate, people from different ethnic and religious groups, both women and men, and people with disabilities. Citizen volunteers in the United States and abroad contribute an enormous "cost share" to the local program through their time and various out -of- pocket expenses, including annual individual and family membership fees, travel expenses abroad and hosting expenses at home. 3. Forming alliances: To maximize limited resources and the potential outreach and impact of the sister city program in the community, every effort should be made to form additional alliances within the overall sister city program, such as sister schools or twinned Rotary and Lion's clubs. • 4. Excellent communication links: 7 It is essential to have excellent communication links, including reliable phone, fax and Internet • communications, with back up fax and phone numbers when necessary. Fax machines should be kept on at night. Communication from a sister city should be responded to immediately to maintain good relations. Even if a decision concerning a proposal has not been reached, a quick reply saying, for example, "Thank you for your fax — we will respond to you after our meeting next month," should be sent promptly, acknowledging receipt of an important proposal or letter. 5. Sensitivity to cultural differences: Sister City projects should be reciprocal and jointly planned, executed and evaluated. Also, there needs to be time built into actual exchanges for cross - culturally sensitive feedback to avoid serious "culture bumps." Formal time for cross - cultural discussion, to learn about more complex layers of culture, such as the changing role of women in society, child rearing methods or how decisions are actually made in local government or businesses, should be built into all exchanges and projects. 6. Clear objectives: To maintain excellent, two -way communication and to keep the program active, it is important that cities meet at least every other year to develop a Memorandum of Understanding about what they plan for their partnership, including frank discussions about areas of interest, realities of budgets and other important details in carrying out proposed exchanges or projects. 7. There are a variety of low -cost exchanges that should occur every year, even if it is not possible to have a physical exchange of people. Some suggestions are: • An annual "state of the city" letter between the two mayors • Exchanges of the city annual reports and city plans by officials at city hall • • Exchanges of children's artwork, letters or sister school programs through the Internet • Periodic exchanges of interesting newspaper articles that show how society, technology, the environment, etc. are changing in your city • Cultural festivals, movies or speeches that celebrate the culture of the sister city (foreign students or business people from the nation of the sister city can be guest speakers). 8. Regular exchanges: It is essential to agree on regular, sustainable exchanges of people that will take place every year or, at the very least, every other year. There are many possibilities for this, including teacher and student exchanges, municipal internships for city officials in key fields, young business leader internships sponsored by the Chamber of Commerce, or participation at the largest annual festival in the sister city. 9. Willingness to take risks: All relationships, like friendships, need to take a risk once in a while with a larger or more ambitious project, to stay fresh and to achieve their full potential. Such projects require a high degree of planning, fund raising, and time and effort, but they also can be a very positive, life - transforming experience for all involved. SCI Affiliations Policy The SCI Board of Directors has recently made some significant changes to SCI's affiliations policies. The policies now in effect are: 8 Only dues - paying members in good standing with Sister Cities International will have their sister • city partnerships formally recognized by SCI. • New affiliations will be considered official only when SCI has received copies of the sister city agreement(s). • SCI will recognize a new sister city affiliation between a U.S. and an international community, even though another affiliation may exist between that international community and a different U.S. city, only if a cooperative agreement among all involved cities is filed with SCI. • SCI's existing policy of U.S. cities affiliating with only one sister city partnership in an international country still applies. • SCI will consider a relationship to be active unless notified otherwise. SCI will provide guidance in periodically evaluating a relationship. SCI will also assist in revitalizing a relationship or in terminating a relationship, if the partners agree it is not working out. Terminated agreements may be designated as a "Sister City Emeritus." Under this category, relationships which are no longer active will still be honored, but the international city will be available for another sister city partnership. • SCI will recognize sister city affiliations in countries where formal U.S. diplomatic relations have not been established, provided that the U.S. government has at least an "Interest Section" operating in that country, and provided that no federal funds are used by SCI to support the affiliation. The only country immediately affected by this policy change is Cuba. SCI will now • officially recognize U.S. -Cuba sister city affiliations, upon receipt of a copy of the signed sister city agreement. • 9 • 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 OCTOBER 26, 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 City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of CARS Jim Glasoe, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, 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. Ms. Jo Roberts, Link Associates located at 5400 France Avenue N, addressed the City Council and stated she is present on behalf of Diane Sannes who is out of the country and would like to pass a message on to those that she nominated for Random Acts of Kindness. Mayor Willson requested Ms. Roberts to address this item with the discussion of Agenda Item 7a later in the agenda. Mr. Sayndee Sando and Ms. Keko F. Smith, 800 66 Avenue N, addressed the City Council and expressed interest in establishing a Sister City Relationship between the City of Brooklyn Center and Kakata, Liberia. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 10/26/09 -1- S MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION OCTOBER 12, 2009 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor /President Tim Willson at 8:31 p.m. ROLL CALL Mayor /President Tim Willson and Councilmembers /Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. SISTER CITY RELATIONSHIP — MAYOR WILLSON • City Manager Curt Boganey introduced the item and stated in July, Mayor Willson and he met with Sarah Mendoabar, Mayor of Tappita, Liberia. Mr. Kerper Dwanyen, President of the Organization of Liberians, arranged this meeting at which time an offer to establish a Sister City Relationship with the City of Brooklyn Center was extended. Based on the request Mayor Willson has asked that this item be presented to the City Council for review and consideration. Mr. Boganey advised that a Sister City Relationship can take many different forms. There is no standard Sister City Relationship in terms of who is involved and the specific government involvement. The fundamental question before the City Council this evening is whether this is something the Council believes the City should pursue. Mayor Willson commented on how the proposed Sister City Relationship could tie in with the large Liberian population in the City of Brooklyn Center. Mr. Kerper Dwanyen, President of the Organization of Liberians, addressed the City Council and thanked the Mayor and City Manager for their efforts in this process. Mr. Dwanyen discussed the large Liberian population in Brooklyn Center. He stated the Organization of Liberians feels at home in Brooklyn Center and that they have been able to succeed and thrive in the community. Mr. Dwanyen stated his support of a Sister City Relationship between the City of Brooklyn Center and Tappita City, Liberia. There was discussion on the Council Policy Issues outlined in the staff report: 1) Will the establishment of a Sister City Relationship contribute to the Council Goals and 40 long term interests of the City? 10/12/09 -1- 2) Will the City have sufficient resources to participate in a Sister City Relationship? There was discussion on identifying specific programs that could be initiated and how they could be organized for mutual benefit. It was noted that these types of decisions would be worked out between the two cities so that each city understands what is expected. It was noted that it will be important to be very clear on the financial support that would be involved in the relationship. At this time the only upfront cost that has been identified is the $510 annual membership fee to Sister Cities International. Mayor Willson, Councilmembers Lasman, Ryan, Roche, and Yelich stated their support of exploring the establishment of a Sister City Program. Councilmember Roche stressed his position that the proposed relationship should not be limited to Tappita City, Liberia. Mr. Dwanyen provided information on the Liberian population in the City of Brooklyn Center, which is estimated at approximately 3,000. There was discussion on the proposal by Ashlee Kephart on behalf of the Kids For a Better World Organization, that the City of Brooklyn Center enter into a Sister City Relationship with Foya, Lofa County, Liberia. It was noted that a Sister City Program would not need to be limited to one Sister City. As a representative of the Organization of Liberians, Mr. Dwanyen was requested to present the Sister City proposal to the boards of local groups such as the Lions, Rotary, church groups, etc. • and to report back to Council with the feedback at a future work session. Ms. Diane Sannes, 7006 Willow Lane N, addressed the City Council and stated the City of Brooklyn Center has had sister city relationships in the past. She stated there has not been discussion on the biggest groups in Brooklyn Center, which is the Hmong and Hispanic groups, and that they should be made aware of this and able to come and speak on the topic. She stated have a sister city relationship with four or five cities, and that her position that the City could ty p there are notes with Council and staff on discussions that were held on this topic 1'/2 years ago. Ms. Sharon Kephart, 5130 65 Avenue N, addressed the City Council and stated she would like to clarify that the proposal for a Sister City Relationship with Foya, Lofa County, Liberia was raised by Ashlee Kephart 1 1 /2 years ago. There was support of businesses and residents in the late spring and they were waiting to hear back from the City on how to proceed. The majority consensus of the City Council was to direct staff to further explore the concept of initiating a Sister City Program. It was noted that the City Council is open to proposals for additional Sister City Relationships in addition to the request by Tappita, Liberia. RENTAL LICENSE ORDINANCE AMENDMENT REVIEW Mr. Boganey introduced the item and noted that this topic was included on the last work session agenda. Council decided to continue the discussion to tonight's meeting after reviewing the The City Attorney will rental license ordinance amendment. y proposed draft language for the re Y 10/12/09 -2- prepare a final draft of the ordinance based on Council's direction tonight. The Council asked • staff to review the draft ordinance with the Housing Commission after the City Attorney makes changes. Assistant City Manager /Director of Building and Community Standards Vickie Schleuning provided an overview and answered questions of the City Council on the Draft Revisions to Rental License Regulations in Chapter 12. The majority consensus of the City Council was to incorporate the following amendments into the Draft Revisions to Rental License Regulations in Chapter 12: • Section 12 -901, la: "...A license will be granted in a specific Category as determined by a point system based on criteria establi recommended by the City Manager and approved by the City Council." • Section 12 -909, lc: Add language to require registration with legal name. • Sec 12 -914: All language relating to prospective tenants to include statement "18 years or older" and make "subsequent persons residing..." reflected throughout section. • Verification by the City Attorney on the following language included in Section 12 -911, 7: "... shall be made upon substantial evidence..." • Add language requiring landlords to have clearly established decision making criteria in place. Staff will check with City Attorney. • Provide method to indicate changes from this version and a clean copy for Council revision. Ms. Lisa Peilen, Minnesota Multi Housing Association (MHA), addressed the City Council and stated MHA strongly supports the approach of producing incentives for well - managed properties. She thanked the City Council for considering this approach, thanked Ms. Schleuning for her willingness to listen to the concerns of MHA, and thanked the City of Brooklyn Center for the good working relationship. Ms. Jo Roberts, Link Associates, addressed the City Council and expressed her appreciation for the working relationship with Ms. Schleuning and for the City's support. The majority consensus of the City Council was to direct staff to present the Draft Revisions to Rental License Regulations in Chapter 12 with the above amendments to the City Attorney for review. The Draft Ordinance will be presented to Council following the City Attorney review. CENTER POINTE APARTMENTS UPDATE Mr. Boganey provided an overview of the Center Pointe Apartments Status Report dated October 10, 2009. He reported on a meeting staff recently held with Mr. Gary Brummer who stated he is in the process of purchasing the bank -owned apartment complex. Mr. Brummer inquired about the process to obtain a rental license for the property. Staff informed Mr. q Brummer that he would need to own the property to obtain a license. It was made clear that the license is revoked and that staff could not oyide him with a guarantee that Council would p airs on the rescind the revocation. If and when Mr. Brummer completes the necessary repairs • property, it is likely that he will request the City Council to rescind the revocation on the license. 10/12/09 -3- ADJOURNMENT • Councilmember /Commissioner Ryan moved and Councilmember /Commissioner Lasman seconded adjournment of the City Council/Economic Development Authority Work Session at 10:25 p.m. Motion passed unanimously. 10/12/09 -4- Work Session Agenda Item No. 6 i • MEMORANDUM - COUNCIL WORK SESSION DATE: December 14, 2009 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, histant to the City Manager/Director of Building & Community Standards SUBJECT: An Ordinance Relating to Administrative Penalty System; Adding a New Section to the Brooklyn Center City Code COUNCIL ACTION REQUIRED Staff is seeking feedback from the Brooklyn Center City Council regarding the development of an ordinance relating to an administrative fine and penalty system. BACKGROUND In the November 2008 general election, voters approved a referendum amending the City Charter. The Charter amendment requires the city to establish an administrative penalty system, which requires an ordinance be adopted. A draft ordinance is presented that • prescribes procedures for imposing administrative penalties and establishes the process for collecting such penalties. The administrative penalty system would provide an alternative for staff and citizens to use in lieu of the criminal enforcement system for certain types of city code violations. A copy of a draft ordinance is attached for review and discussion purposes. After input from the Council, Housing Commission and other interested parties, staff will work with the City Attorney's Office regarding legal content and format. Need for Additional Corrective Tools went tools and processes. Staff is in the process of reviewing current ordinances, enforce p p g With the increased concerns about neighborhood livability issues and property codes, the or 'i need for additional and creative corrective tools has increased. The majority of enforcement is achieved through the Hennepin County Criminal Court system, which is oversaturated with a variety of other crimes that may be considered by judges as more important. Other considerations for the criminal court system is the amount of time required to process code violations, the costs of criminal prosecution, and the citizen dissatisfaction often associated with the length of time to achieve compliance. Ouick Glance at the Process for fines An administrative citation is a civil penalty that is issued by the city for violating a city ordinance. If a person is issued an Administrative Citation, the person will have the opportunity to appeal the citation to a hearing officer within 10 days of the fine being issued. If the violation is not corrected, additional citations can be issued with an additional fine amount each occurrence. Another option is to have a continuing violation citation, which requires the person cited to attend a hearing. The fine structure and • amounts will be presented in a resolution to the City Council for adoption as part of the process for establishing the administrative penalty program. i held at City Hall and the citation case is heard b a hearing An administrative hearings ty Y officer, which is a neutral person contracted by the City, and meeting established criteria. Typically, other cities use attorneys as their hearing officers. The hearin g officer must determine if the alleged violation was in fact a violation of the i ordinance. The hearing officer may impose, dismiss, reduce, or stay the citation. If the person does not appeal the fine or loses the appeal, the fine amount must be paid to the city. If fines are not paid, they may be specially assessed to a property, if the violation occurred on the property and the property owner was a responsible parry. The city would still have the option to proceed criminally or use other corrective methods, or use other collection methods. Uses An administrative penalty system would be used for neighborhood, property and nuisance issues under the purview of the city. In general, it may not be used for violations that are under the purview of the State of Minnesota. An administrative penalty system is another option to use, where appropriate, to gain compliance and address livability issues. Minimum Process Reauired In Order to Establish an Administrative Penaltv Svstem • Internal staff meetings to review options and development, pre - design and throughout process. • Input obtained from City Council, Housing Commission, and other interested parties. • Staff work with City Attorney's Office for final ordinance content and format. • Proposed administrative penalty ordinance brought forth to the City Council f or review and approval. Typical ordinance adoption requirements apply. • Fee structure and amounts brought forth to the City Council for consideration and approval in resolution format. • Program documents, manuals, processes and procedures created and established in accordance with the adopted ordinance. • Internal and external training conducted. • Administrative enal system rolled out to public. p tY Y P COUNCIL POLICY ISSUES An administrative penalty system will provide options to help gain compliance and improve enforcement system efficiencies. The use of the administrative enforcement system will be used as an enforcement tool in our goal to stabilize neighborhoods. Attachments: • City Comparison of Administrative Penalty Systems Draft Ordinance • ATTACHMENT I — City Comparison of Administrative Penalty Systems The following chart includes some examples of how other cities use an administrative penalty system. Please not that allowable uses, fine amounts, and process may vary due to State laws. Brooklyn _ - -� -- - - -- Hermosa T Bloomingt Center Brooklyn Coon Beach, Westminster . on (Pr Park Rapids CA Minnetonka , CO Must Submit Submit submit request in request in city form writing with writing with and full $35 fee. $35 fee. payment Then get Appeal to a Appeal to a Appeal to a of fine Appeal. to a approval for Hearing Hearing Hearing Appeal to amount to Hearing the appeal by Appeals Officer by Officer by Officer by Board of request Officer by appeals Process request request request Appeals appeal request board. Prevents Prevents Prevents Prevents Prevents additional additional additional Results in Results in additional additional Correcting increased increase increased dismissal dismissal increased increased violation citations citations citations of fine of fine citations citations • Must send Must send Notice notice Must send Notice notice prior required per No notice No notice prior to a No notice notice prior Required to a citation p olicy required required citation required to a citation Ranges 1st -$150, Fine from $100- To Be $55,$200, Ranges from 2nd -$500, Amounts $1000 Determined or $500 $300 $100 $50 -$300 3rd -$999 False alarms, Licenses, licenses, Animals, Animals, code Alarms, Health, enforcemen Nuisance smoking, Animals, Nuisance, t, Health, violations zoning, Health, Nuisances, Building, To Be rental and nuisances, Nuisance, Code Use Fire, Trees Determined inspection LicensinE health Building Violations ATTACHMENT II — Draft Ordinance Please Note: The specific chapter number has been added for convenience purposes for discussion the draft ordinance. Therefore, the number and placement with the city code of ordinances may change. CHAPTER 18 -200: ADMINISTRATIVE PENALTIES 18 -201 Purpose 18 -202 Administrative citations and civil penalties 18 -203 Definitions 18 -204 Administrative offenses; schedule of fines and fees 18 -205 Administrative citation 18 -206 Administrative hearing 18 -207 Administrative review 18 -208 Judicial review 18 -209 Recovery of civil penalties 18 -210 Criminal penalties 18 -211 Applicable laws § 18 -201 PURPOSE. The City Council finds that there is a need for alternative methods of enforcing the city code. The criminal process is not always the most effective or efficient option for addressing city code violations. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate alternative method of enforcement for certain types of city code violations. This method of enforcement is in addition to any other legal remedy which may be pursued for city code violations. . § 18 -202 ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES. . This chapter governs administrative citations and civil penalties for violations of the city code. § 18 -203 DEFINITIONS Responsible Person — means an owner, occupant, entity or person acting as an agent for the owner who has direct or indirect control or authority over the building or real property upon which the building is located; and any party having a legal or equitable interest in the property. Responsible person may include, but is not limited to, an owner, tenant, guest, realtor, service provider, mortgagor, leasing agent, management company or similar person or entity. Citv Manager — Means the City Manager or designated agent. § 18 -204 ADMINISTRATIVE OFFENSES; SCHEDULE OF FINES AND FEES. (A) A violation of any provision of the city code is an administrative offense, which may be subject to an administrative citation and civil penalties pursuant to this subchapter. Each day a violation exists constitutes a separate offense. (B) An administrative offense, maybe subject to a civil penalty not exceeding $2,000. . (C) The City Council must adopt by resolution a schedule of recommended fines and fees for offenses initiated by administration citation. (D) The City Council may adopt a schedule of fees to be paid to administrative hearing officers. (E) The City Manager must adopt written procedures for administering the administrative citation program. § 18 -205 ADMINISTRATIVE CITATION. (A) A person authorized to enforce provisions of the city code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by first class mail to the responsible person for the violation or posted at the property or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time, and nature of the offense, the identity of the person issuing the citation, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. (B) The persons receiving the fine must either pay the scheduled fine or request a hearing within ten (10) days after issuance of the citation. Payment of the fine constitutes admission of the violation. A late payment fee per the scheduled amount will be imposed in accordance with § 18 -210 . 18 -206 REQUEST FOR A HEARING /APPEAL (A) A person served with an administrative citation may file a notice of appeal in person or postmarked within ten (10) calendar days from the date of the administrative citation. Failure to comply with such time limit shall be deemed to waive the right to a hearing. (B) The notice of appeal shall be made in writing, filed with the City department identified on the administrative citation, and contain the following information: (1) The reasons the appellant believes the administrative citation is objectionable to that a violation did not exist. (2) The name, address and telephone number of the appellant. (3) The name, address and telephone number of any person in addition to the appellant that will be attending the hearing- (4)The signature of the appellant. (C) A processing fee of $35 shall be paid by cash, check or certified funds simultaneously with the filing of the notice of appeal. The processing fee is not refundable except as provided in the hearing officer's decision. • § 18 -207 ADMINISTRATIVE HEARING. (A) The City Manager must periodically approve a list of persons, from which the City Manager ordesignated agent will randomly ,select a hearing officer to hear and determine a matter for which a hearing is requested. A person who has been issued a citation has the right to request; no later than five days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted automatically by the City Manager or designated agent. A subsequent request must be directed to the City Manager who will decide whether the alternate hearing officer can fairly and objectively review the case. If such a finding is made, the officer must remove that officer from the case, and the City Manager or designated agent must assign another'hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by M.S. § 609.415. The hearing officer must not be an employee of the city. The City Manager or designated agent must establish a procedure for evaluating the competency and neutrality of the hearing officers, including comments from citizens and city staff. (B) Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may arrange for issuance of a subpoena for the attendance of a witness or the production of books, papers, records or ri to the matter being heard. The requesting other documents that are material g party q g the • subpoena is responsible for serving the subpoena in the manner provided for civil actions O and for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the parry requesting the subpoena may seek an order from district court directing compliance. Y g P (C) Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten (10) days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence do not apply. The hearing officer must record the hearing and receive. testimony and exhibits. The officer must receive and give weight to evidence, including reliable hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. (D) The hearing officer has the authority to determine, that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay all or part of the scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: • (1) The duration of the violation, (2) The frequency or recurrence of the violation; (3) The seriousness of the violation; (4) The history of the violation; (5) The violator's conduct after issuance of the notice of hearing; (6) The good faith effort by the violator to comply; (7) The economic, impact of the penalty on the violator; The impact of the violation upon the community; and ( ) P P (9) Any other factors appropriate to a just result. (E) The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that the violation caused a serious threat of harm to the public health, safety, or welfare or that the accused intentionally and the unreasonably refused to comply with the code requirement. The hearing officer's • Y PY q decision and supporting reasons must be in writing. • (1) The failure to pay the fine or request a hearing within ten (10) days after the date of the citation, or the failure to attend the hearing, constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of good cause include: death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. Good cause does not include forgetfulness and intentional delay. If the accused violator fails to attend a hearing without the fee for the hearing will not be returned to the accused. (2) The decision of the hearing officer is final without any further right of administrative appeal, except for matters subject to administrative review under § 18- 208. Ina matter subject to administrative review under §' 18 -208 the hearing officer's decision may be appealed to the City Council by submitting a request in writing to the City Manager or designated agent within ten(10) days after the hearing officer's decision. § 18 -208 ADMINISTRATIVE REVIEW. The hearing officers decision in an of the following matters may be appealed (A ) g Y g Y pP by the person responsible to the City Council for administrative review: (1) An alleged failure to obtain a permit, license, or other approval from the City • Council as required by an ordinance; (2) An alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval, which was granted by the City Council; and (3) An alleged violation of regulations governing a person or entity, who has received a license granted by the City Council. (B) The appeal must be heard by the City Council after a notice has been served in person or by registered mail at least ten (10) days in advance. The parties to the hearing must have an opportunity to present oral or written arguments regarding the hearing officer's decision. (C) The City Council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The Council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing. (D) If the Council makes a finding of a violation, it may impose a civil penalty not exceeding $2,000 per day per violation, and may consider any or all of the factors contained in § 18- 207 (D). The Council may also reduce, stay, or waive a fine unconditionally or based on reasonable and appropriate conditions. • i • (E) In addition to imposing a civil penalty, the Council may suspend or revoke any city issued license, permit, or other approval associated with the violation, if the procedures in the city code have been followed. Any hearing required in the city code for such suspension or revocation is deemed satisfied by the hearing before the hearing officer with the right of appeal to the City Council. § 18 -209 JUDICIAL REVIEW. An aggrieved parry may obtain judicial review of the decision of the hearing officer or the City Council in accordance with state law. § 18 -210 RECOVERY OF CIVIL PENALTIES. (A) If a civil penalty is not paid within the time specified; it constitutes: (1) A personal obligation of the violator in all other situations; and (2) A lien upon the real property upon which the violation occurred if the property or improvements on the property were the subject of the violation and the property owner was found responsible for that violation. (B) A lien may be assessed against the property and collected in the same manner as ® taxes. (C) A personal obligation may be collected by any appropriate legal means. (D) A late payment fee per the scheduled fee will be assessed for each 30 -day period, or part thereof, that the fine remains unpaid after the due date. (E) During the time that a civil penalty remains unpaid, no city approval will be granted for a license, permit, or other city approval sought by the violator or for property under the violator's ownership or control. (F) Failure to pay a fine is grounds for suspending, revoking, denying, or not renewing a license or permit associated with the violation. § 18 -211 CRIMINAL PENALTIES. The following are misdemeanors, punishable in accordance with state law: (A) Failure, without good cause, to pay a fine or request a hearing within 30 days after issuance of an administrative citation. (B) Failure to appear at a hearing which was scheduled under § 18 -207, unless the • absence is approved by the hearing officer. (C) Failure to pay a fine imposed by a hearing officer within 30 days after it was imposed, or such other time as may be established by the hearing officer, unless the matter is appealed under § 18 -208. (D) Failure to pay a fine imposed by the City Council within 30 days after it was imposed, or such other time as may be established by the City Council. § 18 -211 APPLICABLE LAWS. Where differences occur between provisions of this chapter and other applicable code sections, this chapter applies. • Work Session Agenda Item No. 7 MEMORANDUM - COUNCIL WORK SESSION DATE: December 14, 2009 TO: Curt Boganey, City Manager "'4 FROM: Vickie Schleuning, Lsistant City Manager/Director of Building & Community Standards SUBJECT: Discuss Options for Rental Licensing Categories in Relation to Proposed Revisions to Chapter 12 i COUNCIL ACTION REQUIRED Staff is seeking feedback and direction in order to establish criteria for rental license categories in accordance to proposed revisions to Chapter 12. BACKGROUND The proposed ordinance amendments pertaining to rental licensing and enforcement include a • provision for licensing categories based on performance criteria. Staff has been gathering and analyzing data in order to develop baseline information for determining these criteria. The results of the data analysis and licensing options will be presented for discussion. COUNCIL POLICY ISSUES • Will the license categories meet the City goal of promoting well- managed rental properties and improving substandard rental properties? • What factors should be considered in order to ensure the licensing criteria will be legally sound? • How will the licensing categories impact city resources in the short-term and long -term? How does this affect the implementation strategy? •