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HomeMy WebLinkAbout2010 01-25 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION • January 25, 2010 j 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 ICI • CITY COUNCIL MEETING • City of Brooklyn Center January 25, 2010 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. — provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the 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 30, 2009 — Budget Hearing 2. January 11, 2010 — Study Session 3. January 11, 2010 — Regular Session 4. January 11, 2010 — Work Session b. Licenses C. Resolution Authorizing Execution of a Letter of Engagement for Professional Audit Services for the 2009 Fiscal Year 7. Presentations / Proclamations /Recognitions/Donations —None. • CITY COUNCIL AGENDA -2- January 25, 2010 8. Public Hearings a. An Ordinance Relating to the Regulation of Rental Properties; Amending Brooklyn Center City Code, Sections 12 -101 through 12 -1401 -This item was first read on December 14, 2009, published in the official newspaper on December 24, 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 a. Planning Commission Application No. 2010 -001 Submitted by Joe Logan for Alleluia Sanctuary Church. Request for special use permit approval to use 2,915 sq. ft. within the Palmer Lake Plaza Building located at 6870 Shingle Creek Parkway. The Planning Commission recommended approval of this application at its January 14, 2010, meeting. Requested Council Action: — Motion to approve Planning Commission Application No. 2010 -001 subject to the conditions recommended by the Planning Commission. • 10. Council Consideration Items a. Mayoral Appointment — Northwest Suburbs Cable Communications Commission Requested Council Action: — Motion to ratify Mayoral appointment. b. Provisional Rental Dwelling icense — 5301 Dupont Avenue North g P Requested Council Action: — Review mitigation plan. — Motion to approve, disapprove, or approve with conditions the six -month provisional rental dwelling license application and the mitigation plan. C. Resolution Calling for a Public Hearing on Proposed Use of 2010 Urban Hennepin County Community Development Block Grant Funds Requested Council Action: — Motion to adopt resolution. d. Resolution Authorizing Approval of Amendment to Professional Services Agreement with SEH, Inc. for Design Services for the Bass Lake Road Streetscape and Regional Trail Improvements, Project No. 2009 -18 Requested Council Action: — Motion to adopt resolution. • CITY COUNCIL AGENDA -3- January 25, 2010 0 e. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2009 -18, Bass Lake Road Streetscape and Regional Trail Improvements Requested Council Action: — Motion to adopt resolution. f. Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2010 -01, 02, 03 and 04, Contract 2010 -A, Dupont Area Neighborhood Street, Storm Drainage, and Utility Improvements Requested Council Action: — Motion to adopt resolution. 11. Council Report 12. Adjournment • i • AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 25, 2010 • 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. Twins Ball Park Express Bus Line — Councilmember Roche 2. Hennepin County Active Living Program Presentation 3. Gateway Commons- Revoked Rental License 4. Group Home Report 5. Community Gardens 6. Meetings with Commissions PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt • 2. Strategic Plan Goals — Outcomes Success Measures 3. 57th and Logan Update 4. Strategic Outcome Reports 5. Department Year End Reports 6. Legislative Update a. Prosecutor Services 7. Community Schools Update 8. Ordinance Amendments — Farmers Market 9. 2011 Brooklyn Center Celebration Update 10. Crime Free Housing Update 11. Random Acts of Kindness — Mayor Willson 12. Neighborhood Designations 13. Junk and Inoperable Vehicles Update — Back Yard Parking 14. Minn. Stat. 273.128 4d Rental Properties — Annual Report 15. Visit Minneapolis North Update 16. 6101 Beard -6037 Brooklyn Blvd Update- May 17. Joslyn/City Property Remediation Update 18. Prosecutor's Contract 19. TIF District No. 2 -Use of Tax Increment 20. Local Government Aid Policy 21. Shingle Creek County Study 22. Brookdale Mall Update 23. Utility Conservation Rate — Irrigation Systems City Council'Agenda Item No. 6a • • MINUTES OF THETROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA 2010 BUDGET HEARING NOVEMBER O 30, 2009 CITY HALL — COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met for the 2010 Budget Hearing and the meeting was called to order by .m. Mayor Tim Willson at 7:00 Y p 2. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Mark Yelich. Councilmember Dan Ryan was absent and excused. Also present were City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, and Deputy City Clerk Maria Rosenbaum. 3. PRESENTATION ON 2010 PROPOSED BUDGET City Manager Curt Boganey discussed that Truth in Taxation Legislation for 2009 requires cities . to hold a public meeting at which the general public be allowed to comment on the proposed budget and property tax levy prior to adopting the final budget and property tax levy. He outlined the format of this meeting, the City Council Goals, and shared some highlights from the 2010 General Fund. Fiscal and Support Services Director Dan Jordet discussed revenues by sources, expenditures by departments, and expenditures by type for 2006 through 2010 fiscal years. He highlighted on a few of the high and low percentage changes for 2010 and informed that although there is no salary increases for employees, there was a $40 increase for insurance contributions with an additional $40 for employees electing a high deductible insurance plan. Fiscal and Support Services Director Jordet outlined the utility fund increases which include a four percent rate increase for water, one percent increase for sewer, one percent increase for storm drainage, three percent increase for street light, and six percent increase for recycling. He discussed the issues creating the need to increase these funds and the new Wetland Maintenance and Pond Dredging that will take place in 2010. It was noted that a list of ponds to be dredged will be compiled and provided to the Council. Fiscal and Support Services Director Jordet discussed the 2010 Capital Improvement Projects and the sources of capital improvement funding. • 11/30/09 -1- DRAFT I 4. VIDEO PRESENTATION • A video presentation on 14 Reasons Why Property Taxes Go Up and Down prepared by the League of Mimnesota Cities, Association of Minnesota Counties, and Minnesota School Boards Association was presented. 5. PRESENTATION ON PROPOSED PROPERTY TAXES PAYABLE IN 2010 City Manager Boganey discussed the 2009 and 2010 Local Government Aid (LGA) reductions, the 2010 proposed property tax levy, tax capacity for taxes payable in 2009 and 2010, the change in median residential values, the change in median residential City tax, and the distribution of property tax amount changes by number and percentage for single family residential, commercial and industrial, and apartments. 6. OPPORTUNITY FOR PUBLIC COMMENT AND QUESTIONS Councilmember Roche moved and Councilmember Lasman seconded to open the meeting for public comment and questions. Motion passed unanimously. No comments or questions received. Councilmember Lasman moved and Councilmember Roche seconded to close the meeting for public comment and questions. Motion passed unanimously. 7. REVIEW REMAINING ACTIONS FOR ADOPTION City Manager Boganey discussed that the City Council will consider a proposed property tax levy in the amount of $13,568,972 at the December 14, 2009, City Council meeting. Also on December 14, 2009, the City Council will consider resolutions setting 2010 utility rates and all 2010 City operating budgets. 8. ADJOURN Councilmember Lasman moved and Councilmember Roche seconded adjournment of the 2010 Budget Hearing at 8:20 p.m. Motion passed unanimously. • 11/30/09 -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 JANUARY 11, 2010 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, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Scott Bechthld, 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 asked when further information will be available on the Bass Lake Road Streetscape and Regional Trail Project. City Manager Curt Boganey indicated it is expected that the item will be included on the next City Council meeting agenda. Councilmember Lasman requested further information on agenda item 6e, specifically in relation to the purpose of the Twin Lakes Joint Powers Organization. Police Chief Scott Bechthold explained that this joint powers organization was formed between the cities of Crystal, Robbinsdale, and Brooklyn Center as a water and snowmobile enforcement initiative. Councilmember Lasman verified with Chief Bechthold that there are no funds allocated to this joint powers organization. Councilmember Lasman requested discussion on agenda item 6n. She stated her position that $75 seems to be a low fine for a tobacco violation. Mr. Bechthold explained that the fine is imposed by State Statute. The fine amount can be verified with the City Attorney. In relation to agenda item 6o, Councilmember Lasman verified with Mr. Bechthold that the City Council is able to revoke or suspend the licensee's license or impose civil penalties if they fail to comply fully with the policies and procedures during the three -year period following the adoption of the proposed resolution. Councilmember Lasman requested discussion on agenda item 10f specifically in relation to the q g � P Y 15 -year term outlined in the details on the G.O. Utility Revenue Bonds. Mr. Boganey explained i 01 /11 /10 -1 DRAFT that the rationale for the 15 -year term is to keep the principal and interest payments low enough to accommodate the rate increases in the utility and water funds that are anticipated. If the term • were to be shortened the rates would increase accordingly. Councilmember Lasman requested the following correction to the Work Session minutes of December 14, 2009: Pate 2, varamnh 1, second sentence: "Redevelopment will also bring in aff-er-Elable well nayiniz or living waize jobs..." Mayor Willson requested the following correction to the Regular Session minutes of December 14, 2009: Pate 16, mraRraph 4: "...December 5 th Hmong Cultural Event which was nut together, moderated. and coordinated by youth in the Hmoniz community... December 6 th Holly Sunday Celebration w hieh Fat t , moder-ated and eeer-dinated by youth in the Rmong eemmunity. Councilmember Ryan requested the following correction to the Regular Session minutes of December 14, 2009: Pate 16, mrauanh 3: "... with thanks to Mark Margaret Sandburg..." • It was the majority consensus of the City Council to accept the above corrections to the Work Session minutes of December 14, 2009, and the Regular Session minutes of December 14, 2009. In relation to agenda item 6b, Mayor Willson questioned if staff is following up on the calls for service at the rental properties located at 6101 Beard Avenue N and 6331 Beard Ave N. He noted the number of calls is below the threshold for action in relation to license approval. Mr. Boganey stated staff is aware of the properties and has been dealing directly with the property owners to make them aware of the issues and concerns. Mayor Willson noted that the January 14, 2010, Association for Responsible Management meeting has been canceled. MISCELLANEOUS Councilmember Roche asked whether staff has been contacted regarding internal changes to Oak City Restaurant, which have resulted in a club type atmosphere. Mr. Boganey indicated that staff will follow up on this, as there is criteria that must be met to operate the establishment as a club. To the best of his knowledge the property is not in violation any city ordinances. It was noted that the food /alcohol ratio must be met for an establishment to be classified as a restaurant. Councilmember Lasman commented on the recent newspaper article regarding WiMax moving • 01/11/10 -2 DRAFT forward in the City of Brooklyn Park. Mr. Boganey noted that the City of Brooklyn Center has • done research on WiMax and WiFi technology. If the technology moves forward throughout the City of Brooklyn Park, it is likely that the City of Brooklyn Center will be contacted as well. Councilmember Yelich suggested printing City Council packets in duplex in an effort to conserve paper. There was discussion on electronic packets as an option for Council Members as an additional effort in paper conservation. The majority consensus of the City Council was to direct staff to proceed with printing City Council packets in duplex. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS TIF DISTRICTS UPDATE Director of Business and Development Gary Eitel provided a status report on Tax Increment Finance (TIF) District No. 2 as outlined in the staff report dated January 7, 2010. Mr. Eitel and Mr. Boganey answered questions of the City Council on TIF District No. 2. There was discussion on the recommendation of the City's TIF consultant, Briggs & Morgan, that a formal budget amendment, including public hearing and notifications to the other governmental units, be completed prior to use of the $3.6 million in tax increment revenue that will be generated at the expiration of TIF District No. 2 in 2011. • Extension of the trail corridor from the 57 h /Logan Avenues site to the Mississippi River was suggested as a possible use of revenue generated by TIF District No. 2. It was requested that Council be provided with a list of eligible activities for use of the TIF revenue that will be generated in TIF District No. 2. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Lasman seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. 01/11/10 -3 DRAFT The discussion continued on TIF District No. 2. It was noted that the formal budget amendment will be required at the appropriate time in order to ensure that the generated tax increment • revenue is available for use within the City. Mr. Eitel provided a status report on Tax Increment Finance (TIF) District Nos. 3 and 4 as outlined in the staff report dated January 7, 2010. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. • 01/11/10 -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 JANUARY 11, 2010 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, Director of Fiscal and Support Services Dan Jordet, 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, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. . Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Yelich requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services • Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and 01 /11 /10 -1- DRAFT i Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Scott Bechthold, 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 Ryan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of December 14, 2009, and the Regular Session minutes of December 14, 2009, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. December 14, 2009 — Study Session 2. December 14, 2009 — Regular Session 3. December 14, 2009 — Work Session 6b. LICENSES BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle • FIREWORKS — PERMANENT Big Lots 5930 Earle Brown Drive GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Ave N Holiday Stationstores, Inc. 420 66 Avenue N Perfect Car Wash #504 6849 Brooklyn Boulevard Qwest Communications 6540 Shingle Creek Pkwy Two Rivers Investment, Inc. 6840 Humboldt Ave N MECHANICAL DJ's Heating and A/C 6060 Lebeaux Avenue, Albertville Midwest Heating & A/C 26355 Tucker Road, Rogers Thermex Corporation 3529 Raleigh Avenue S, St. Louis Park Treated Air Company 9954 166 Court, Becker PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle • 01/11/10 -2- DRAFT RENTAL • INITIAL 4700 68 Ave N Chufeng Xiong 280163 d Ave N Thomas Bennett 5930 Camden Ave N Matthew Joseph 6824 Dupont Ave N Christopher Tobkin 7235 Fremont Ave N Deepak Nath 7205 Perry Ct E Alfred/Brett Harris RENEWAL 4450 58`" Ave N Basswood Apartments James Lupient 6101 Beard Ave N Beard Avenue Apartments Kenneth Phelan 6331 Beard Ave N Clover Management 5843 Fremont Ave N D & J Properties LLC 4100 Lakebreeze Ave Bruce Waage 6813 Noble Ave N David Zemke 6731 Bryant Ave N Chuma Ikegwani 3819 France PI Robert Lindahl 4207 Lakeside Ave #134 William & Linda Bjerke 6007 Pearson Dr Shane Sander • SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway GameStop #535 6068 Shingle Creek Parkway SIGNHANGER Franz Reprographics 2781 Freeway Boulevard TOBACCO RELATED PRODUCT American Legion 4630 6110 Brooklyn Boulevard CV Pharmacy #1683 5801 Brooklyn Boulevard Holiday Stationstores, Inc. 420 66 Avenue N Holiday Stationstores, Inc. 6890 Shingle Creek Parkway Perfect Car Wash #504 6849 Brooklyn Boulevard Sun Foods 6350 Brooklyn Boulevard Two Rivers Investment, Inc. 6840 Humboldt Ave N Walgreen Company 6390 Brooklyn Boulevard 6c. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER 6d. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS • 01/11/10 -3- DRAFT 6e. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND /OR BOARD • OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND VISIT MINNEAPOLIS NORTH 6f. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6g. RESOLUTION GRANTING CORPORATE AUTHORITY FOR TRANSACTIONS OF FINANCIAL BUSINESS MATTERS 6h. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY CHURCH OF ST. ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD FEBRUARY 13, 2010 6i. SITE PERFORMANCE GUARANTEE RELEASES FOR BURGER KING RESTAURANT (3201 COUNTY ROAD 10), CVS PHARMACY (5801 BROOKLYN BOULEVARD), RETAIL STRIP MALL (615 66TH • AVENUE NORTH), BROOKLYN 1, LLC (6901 BROOKLYN BOULEVARD), AND MCDONALD'S (5525 XERXES AVENUE NORTH) 6j. RESOLUTION FOR THE WITHDRAWAL AND TERMINATION FROM THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION 6k. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2008 -1, 02, 03, AND 04, CONTRACT 2008 -A, MARANATHA AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 61. RESOLUTION ESTABLISHING 2010 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6m. RESOLUTION ESTABLISHING THE INTEREST RATE FOR 2010 SPECIAL ASSESSMENTS 01/11/10 -4- DRAFT 6n. RESOLUTION AND CONSENT ORDER IMPOSING ADMINISTRATIVE PENALTY FOR SUPERAMERICA #3192 AT 6950 BROOKLYN • BOULEVARD 6o. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR SUPERAMERICA #4058 AT 1901 57TH AVENUE NORTH Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2010 -12 EXPRESSING RECOGNITION AND APPRECIATION OF JUDITH BERGELAND FOR 19 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -12 Expressing Recognition and Appreciation of Judith Bergeland for 19 Years of Dedicated Service to the City of Brooklyn Center. Mayor Willson recited Resolution No. 2010 -12. Motion passed unanimously. 7 b RESOLUTIO O N N . 2010 -13 EXPRESSING RECOGNITION AND • APPRECIATION OF GRETCHEN KNUTSON FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -13 Expressing Recognition and Appreciation reciation of Gretchen Knutson for P g g Her Dedicated Public Service on the Housing Commission. As Council Liaison to the Housing Commission, Councilmember Roche expressed his thanks to Gretchen Knutson for her service. Mayor Willson recited Resolution No. 2010 -13. Motion passed unanimously. 7c. RESOLUTION NO. 2010_ 14 EXPRESSING RECO GNITION AND APPRECIATION OF JOSHUA XIONG FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -14 Expressing Recognition and Appreciation of Joshua Xiong for His Dedicated Public Service on the Housing Commission. • 01 /11 /10 -5- DRAFT Mayor Willson recited Resolution No. 2010 -14. As Council Liaison to the Housin g Commission, Councilmember Roche expressed his thanks to • Joshua Xiong for his service. Motion passed unanimously. 7d. RESOLUTION NO. 2010 -15 EXPRESSING RECOGNITION AND APPRECIATION OF MARK NEMEC FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -15 Expressing Recognition and Appreciation of Mark Nemec for His Dedicated Public Service on the Financial Commission. Mayor Willson recited Resolution No. 2010 -15. As current and previous Council liaisons to the Financial Commission, Councilmembers Ryan, Yelich, and Lasman expressed their appreciation to Mark Nemec for his service. Motion passed unanimously. 7e. RESOLUTION NO. 2010 -16 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 • IN SUPPORT OF THE 2010 SUMMER SAFETY ACADEMY PROGRAM Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -16 Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2010 Summer Safety Academy Program. Mayor Willson recited Resolution No. 2010 -16. Motion passed unanimously. 7f. RESOLUTION NO. 2010 -17 EXPRESSING APPRECIATION FOR THE DONATIONS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2010 EARLE BROWN DAYS PARADE AND THE 2010 SUMMER PUPPET WAGON PROGRAM Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -17 Expressing Appreciation for the Donations of the Brooklyn Center Lions Club in Support of the 2010 Earle Brown Days Parade and the 2010 Summer Puppet Wagon Program. Mayor Willson recited Resolution No. 2010 -17. • 01/11/10 -6- DRAFT Motion passed unanimously. • 8. PUBLIC HEARING 8a. ORDINANCE NO. 2010 -01 AMENDING ORDINANCE NO. 2008 -06 REGARDING COUNCIL SALARIES FOR 2009 -2010 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion . assed unanimously. Y Councilmember Yelich moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2010 -01 Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010. It was noted that this resolution reduces the salaries of the City Council and Mayor going . forward. The City Council has done significant work to manage spending and the budget, and the salary reduction is a gesture of the Council's sense of the difficulties the citizens are experiencing in this economy. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Willson announced the nomination of Kay Lasman as Mayor/President Pro Tem and Dan Ryan as Acting Mayor /President Pro Tem. Councilmember Roche moved and Councilmember Ryan seconded to ratify the nomination of Kay Lasman as Mayor /President Pro Tem and Dan Ryan as Acting Mayor /President Pro Tem. Motion passed unanimously. 01/11/10 -7- DRAFT lOb. RESOLUTION NO. 201018 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -18 Declaring Commitment to the Brooklyn Center City Charter. Mayor Willson recited Resolution No. 2010 -18. Motion passed unanimously. 10c. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVE/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2010 Mayor Willson announced the following appointments to serve as liaisons to City Advisory Commissions and as City RepresentativeNoting Delegates for Other Organizations for 2010. Financial Commission: Dan Ryan Housing Commission: Tim Roche Park and Recreation Commission: Tim Roche Crime Prevention Program: Kay Lasman NW Suburbs Cable Communications Commission: Tim Willson Kay Lasman — Alternate • Brooklyn Center Special Events Committee: Kay Lasman Tim Willson — Alternate Earle Brown Days Committee: Tim Willson; Dan Ryan — Alternate North Hennepin Area Chamber of Commerce: Mark Yelich Metro Cities: Tim Willson Mark Yelich — Alternate League of Minnesota Cities: Dan Ryan; Tim Roche — Alternate Councilmember Lasman moved and Councilmember Ryan seconded to ratify the above Mayoral Appointments. Motion passed unanimously. 10d. RESOLUTION NO. 2010 -19 ESTABLISHING THE BROOKLYN CENTER CENTENNIAL CELEBRATION PLANNING COMMITTEE 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. 2010 -19 Establishing the Brooklyn Center Centennial Celebration Planning Committee. • 01 /11 /10 . -8- DRAFT It was verified with Mr. Boganey that to date, limited funds have been expended from the funds • appropriated to the Centennial Celebration. Mayor Willson recited Resolution No. 2010 -19. Motion passed unanimously. 10e. RESOLUTION NO. 2010 -20 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES, DUPONT AVENUE STREET AND UTILITY IMPROVEMENTS PROJECT NO. 2010 -01 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -20 Authorizing Execution of a Professional Services Agreement for Design Services, Dupont Avenue Street and Utility Improvements Project No. 2010 -01. It was noted that the Earle Brown Days Committee has determined an alternate route for the Earle Brown Days parade. There was discussion on staff's recommendation to contract with SRF Consulting Group, Inc. for • design services on the subject project. It was noted that the contract amount of $137,277 is a low percentage of the overall cost of the project and is a cost saving alternative to hiring permanent staff. Motion passed unanimously. 10f. RESOLUTION NO. 2010 -21 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,350,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2010A Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Brenda Krueger, Springsted Inc., provided an overview of the sale of G.O. Utility Revenue Bonds, Series 2010A. Ms. Krueger summarized the options available for the sale of the bonds: 1) regular, general obligation tax- exempt utility revenue issue; 2) Build America Bond (special, general obligation taxable utility revenue issue). Ms. Krueger indicated that an application will be made to Standard & Poor's Rating Services for a rating on the Bonds. It is anticipated that the application to Standard & Poor's will result in an upgrade to the City's credit rating. An upgrade from the City's current "Al" rating would put the City's credit rating into the "AA" category which would be an enhancement to the City's credit and provide an opportunity for lower interest rates. 01/11/10 -9- DRAFT i Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -21 Providing for the Competitive Negotiated Sale of $2,350,000 O General Obligation Utility Revenue Bonds, Series 2010A. Motion passed unanimously. 10g. MAYORAL APPOINTMENT — FINANCIAL COMMISSION Mayor Willson announced the appointment of Dan Schueller to the Financial Commission. Councilmember Ryan moved and Councilmember Roche seconded to ratify the Mayoral Appointment to the Financial Commission. Motion passed unanimously. 10h. AN ORDINANCE RELATING TO TOBACCO RELATED PRODUCTS; AMENDING CITY CODE SECTIONS 23 -107 AND 23 -108 AND ADDING NEW SECTION 23 -109 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. There was discussion on Section 23 -108, specifically in relation to the administrative penalty of $75 for a first violation of the ordinance. City Attorney Charlie LeFevere advised that the fees • included in Section 23 -108 are the minimum and come from State Statute. The Statute implies that stricter requirements can be applied. Mr. LeFevere advised in his experience these standards are widely accepted and adopted and noted the following statement included in Section 23 -108: "Nothing in this section prohibits the City from imposing additional penalties based upon the circumstances of the violation and the history of violations at the same location." It was noted that a future administrative hearing officer could be designated by the City Manager in relation to the notice and hearing process outlined in Section 23 -107. Councilmember Lasman moved and Councilmember Roche seconded to amend Section 23 -108 as follows: "...If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of this ordinance, the licensee shall be charged an administrative penalty of $74 $100 ..." Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading and set second reading and Public Hearing for February 8, 2010; an Ordinance Relating to Tobacco City Code Sections 23 -107 and 23 -108 and Adding Related Products; Amending C y 8 New Section 23 -109. Motion passed unanimously. • 01/11/10 -10- DRAFT 11. COUNCIL REPORT Councilmember Yelich wished everyone a Ha New Year. Y Happy Councilmember Lasman reported on her attendance at the following events: • December 17, 2009, Special Events Committee Meeting. The main point of discussion was the Brooklyn Center Birthday Party Awards Night scheduled for February 6, 2010. Tickets are available by calling Sue LaCrosse at the Brooklyn Center Community Center 763 -569 -3400. • December 23, 2009, meeting with City staff at the Earle Brown Heritage Center to discuss logistics of the Brooklyn Center Birthday Party Awards Night scheduled for February 6, 2010. • January 7, 2010, retirement party for Judith Bergeland, former Director of the Earle Brown Heritage Center. Councilmember Roche wished everyone a Happy New Year. He reported on his attendance at today's Friends of the Brookdale Library reading event. Councilmember Roche requested residents to attend upcoming meetings at City Hall on road improvement projects scheduled for Dupont Avenue and the Northport area; the meetings are scheduled for January 13, 2010, at 6:30 p.m. and January 19, 2010, at 6:30 p.m., respectively. He announced the Blue Jean Ball will be held on January 22, 2010, at the Embassy Suites. Information is available by contacting the City of Brooklyn Center Civic Center at 763 -569 -3400 or the City of Brooklyn Park. He noted there will be a Sheriff s Sale of Brookdale this Friday. Councilmember Ryan reported on the following: • His attendance at the January 7, 2010, Twin West Chamber of Commerce breakfast in St. Louis Park. Representatives Tony Serdich and Curt Sellers were the featured speakers. The subject was the State of Minnesota Budget. Councilmember Ryan expressed concern regarding the possibility of additional loss of local government aid to municipalities in the future. • Upcoming January 19, 2010, presentation by the Public Works Department on the upcoming street and utility improvement projects for the year 2010. Mayor Willson reported on meeting with the National Parks Service Director for the Mississippi Park on Friday, January 8, 2010, with City Manager Boganey. He noted that the Mississippi River Corridor is designated as a national park from bank to bank. Mayor Willson thanked Ms. Bergeland for the excellent job she has done for the City as Director of the Earle Brown Heritage Center and expressed gratitude for the help she has given him as Mayor. He explained he was caught in snow and traffic the night of Ms. Bergeland's retirement party. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:59 p.m. Motion passed unanimously. 01/11/10 -11- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL /ECONOMIC • DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JANUARY 11, 2010 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 8:10 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, Director of Fiscal and Support Services Dan Jordet, 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. TIF DISTRICT UPDATE • Discussion continued on the Tax Increment Finance (TIF) Update. Director of Business and Development Gary Eitel completed the presentation on TIF District Nos. 3 and 4. Mr. Eitel, Director of Fiscal and Support Services Dan Jordet, and City Manager Curt Boganey answered questions of the City Council on TIF District Nos. 3 and 4. In regards to TIF District No. 3, there was considerable discussion on the diminishing valuation of the Brookdale Mall properties and the effect on the District's ability to generate sufficient tax increment to meet annual debt service. There was discussion on the policy issue outlined in the staff report that the City Council consider the future removal of all or portions of the Brookdale Mall properties from TIF District No. 3. Mr. Boganey advised that this information is being presented to inform the Council at this time, and that TIF District No. 3 is currently generating sufficient revenue to make the debt payments as required. The majority consensus of the City Council was to direct staff to provide Council with further information on potential uses of the tax increment revenue that will be available in TIF District No. 2. CGI VIDEO ON CITY WEBSITE Mr. Boganey introduced the item and stated staff would like feedback and direction from Council on the opportunity to add a Community Video Tour Book on the City website through CGI Communications. • 01/11/10 -1- DRAFT Assistant City Manager /Director of Building and Community Standards Vickie Schleuning provided a PowerPoint presentation on the proposed CGI Communications Community Video • Showcase Program and resented examples of a community video tour book. g p p Y There was discussion on the likely value of the video tour book by enhancing the City website and making it more dynamic. The following concerns were expressed regarding the potential contract with CGI Communications and the community video tour book: • Staff time required while there will not be a revenue stream. • It was previously determined that it would not be an appropriate use that the City logo be included on the Cable 12 website. • Businesses within the community will be required to contract with CGI Communications to advertise, while the City will be cut out of that revenue stream. • The video tour will be fairly brief and cannot be changed without paying a fee. • Creating a streaming video is not a difficult process; there are other companies that provide this service. • Utilizing resources available in the community through Cable 12 would likely be a preferred option. • Allowing a business to use City resources and City staff with no revenue stream or benefit for the City other than the two to three minute video. The majority consensus of the City Council was to direct staff not to proceed with the CGI Video • Program at this time and to look into other options. ADMINISTRATIVE FINES UPDATE Ms. Schleuning provided a PowerPoint presentation on the establishment of an Administrative Penalty System and answered questions of the City Council. The presentation and discussion focused on the following information: 1) overview of the City Charter; 2) process for establishing Administrative Penalty System; 3) definition and purpose of the Administrative Penalty System; and 4) draft ordinance highlights. There was discussion on the proposed $10 hearing request fee to appeal a violation. The majority consensus of the City Council was to proceed with the fee as proposed and to change the language from fee to deposit. The majority consensus of the City Council was to direct staff to proceed with the development of the ordinance relating to an Administrative Penalty System as presented with the language amendment from a $10 hearing request fee to a $10 hearing request deposit. RENTAL LICENSING CRITERIA UPDATE Ms. Schleuning indicated that staff is seeking feedback and direction in order to establish criteria for rental license categories in accordance to proposed revisions to Chapter 12. She provided a PowerPoint presentation and answered questions of the City Council on Rental Licensing • 01/11/10 -2- DRAFT Categories /Chapter 12 Rental License Regulations. The presentation and discussion focused on the following information: 1) basis of license category types; 2) license category criteria (draft 12/14/09, updated 01 /11 /10); 3) license categories police service calls; 4) property code violations data — single /two family rental properties (Feb -Dec 2009); 5) property code violations data — multi - family 3+ units (Feb -Dec 2009); 6) remaining project tasks. The majority consensus of the City Council was to direct staff to proceed with the rental licensing categories and the proposed revisions to Chapter 12 as presented. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Roche seconded adjournment of the City Council/Economic Development Authority Work Session at 10:40 p .m. Motion passed unanimously. • 01/11/10 -3- DRAFT City Council Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM TO: Curt Bo ane City Manager g Y� Y g FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 19, 2010 `J f y i " SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its January 25, 2010, 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. FIREWORKS — PERMANENT Cub Foods 3245 Count Road 10 Walgreen Company 6390 Brooklyn Blvd GASOLINE SERVICE STATION Royalty & Sons, Inc. 6044 Brooklyn Blvd MECHANICAL Affordable Comfort Mechanical 6510 Hwy 36 Boulevard N, Oakdale Air Comfort Specialists 662 116` Lane NE, Blaine Hymark HVAC 110 Hill Circle E, Big Lake Owens Companies 930 E 80 rh Street, Bloomington Southside Heating Bloomington 10800 Normandale Bo , g � RENTAL See attached report. SIGN HANGER Lawrence Sign 945 Pierce Butler Route, St. Paul TOBACCO RELATED PRODUCT 245 Road 10 Cub Foods 3 County Y Royalty & Sons, Inc. 6044 Brooklyn Blvd Sankhar Forex, Inc. 5808 Xerxes Ave N R nt !'Licenses for CounlviI Approva"l:or),,' ,uary 25,"2010 e ;.. "' �, ,. till es s, ssl Inspector (e k; Clerk deck ` Pci1� Y �. � �::� i�g 'M quitelliri Rerfewal Unpai repaid Type `... " or I nitial Ciwner :fails for Servieb Utilities 'faxes 6700 Toledo Ave N Single Family Initial Trenton Potter None per 12 -911 Ordinance OK OK Passed with Weather Deferral 5337 -39 Queen Ave N Two Family (2) Renewal Ambe Funwi None per 12 -911 Ordinance OK OK 5332 -36 Russell Ave N Two Family (2) Renewal Douglas Ryan None per 12 -911 Ordinance OK OK 6626 Camden Dr Single Family Renewal Jeremy Ronnebaum Sutton INone per 12 -911 Ordinance OK OK 4201 Lakeside Ave #206 Single Family Renewal Germaine Pawelk I None per 12 -911 Ordinance OK OK 3206 Thurber Rd Single Family Renewal Mains'I Properties I None per 12 -911 Ordinance OK OK 7164 Unity Ave N Single Family Renewal Eugene Olson iNone per 12 -911 Ordinance OK OK I City Council Agenda Item No. 6c • • • City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services DATE: 19 January 2010 SUBJECT: Audit Letter of Engagement Recommendation: It is recommended that the City Council adopt the attached resolution authorizing the Mayor and City Manager to execute the Letter of Engagement for audit services provided by Malloy, Montague, Karnowski, Radosevich & Co. in connection with the audit and review of the 2009 annual financial report. Background: Each year the City Council hires an independent CPA firm to audit the City's financial statements contained in the Comprehensive Annual Financial Report (CAFR). In • connection with the audit the CPA firm prepares a Management Letter for the Council pointing out highlights of the financial statements and suggesting ways that the financial reporting system might be improved. Occasionally there are items of concern that the auditors raise as findings or reportable conditions. The audit process includes review of the financial statements, comparison of the actual results with budgeted allocations, review of the internal control system of the City, compliance with state and federal accounting and reporting procedures, and preparation and presentation of the audit report and a Management Letter. The audit of the 2009 financial statements will be performed by the firm of Malloy, Montague, Karnowski, Radosevich & Co. This is the third of three years under which they will perform at a guaranteed not -to- exceed maximum obtained in the 2007 Request for Proposals process. They will review the financial statements in order to provide an opinion on the fairness of the presentation of the basic financial statements. They will also review supplementary information and indicate whether that information supports the fair presentation of the basic financial statements. They will use standards promulgated by generally accepted accounting principles, the Comptroller General of the United States through the Government Auditing Standards publication, the Government Accounting Standards Board (GASB) through its pronouncements and statements, and the State of Minnesota through the Legal Compliance Audit Guide prepared by the State Auditor's Office. They will review internal control procedures and report any important weaknesses they find to the City Council. They will also prepare a Management Letter . to the City Council giving a general analysis of the City's financial situation. Further details of the agreement to audit the City's financial statements are included in • the attached form of the Letter of Engagement. Financial Impact: The proposed fee for this service on the 2009 financial statements is $ 39,850 plus reasonable out -of- pocket expenses. The 2010 budget contains a total of $ 42,910 in designated accounts in the General Fund, EDA fund, and all Enterprise type funds. The proposed engagement is within the budgeted allocation. • • PRINCIPALS Kenneth W. Malloy, CPA Thomas M. Montague, CPA ..MMKR Thomas A. Karnowski, CPA Paul A. Radosevich, CPA 0 RTIFIED PUBLIC William J. Lauer, CPA C C O U N T A N T S James H. Eichten, CPA Aaron J. Nielsen, CPA Victoria L. Holinka, CPA January 12, 2010 To the City Council of the City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Councilmembers: We are pleased to confirm our understanding of the services we are to provide the City of Brooklyn Center (the City) for the year ended December 31, 2009. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the City's basic financial statements as of and for the year ended December 31, 2009. Accounting standards generally accepted in the United States of America provide • for certain required supplementary information (RSI), such as the Management's Discussion and Analysis (MD &A), to accompany the City's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required b accounting principles generally will Q y g p p ge y accepted m the United States of America and 1 1 be subjected to certain limited procedures, but will not be audited: 1. MD &A 2. Required supplementary information 3. Governmental Accounting Standards Board (GASB) required other post - employment benefits (OPEB) information (as needed) Supplementary information other than RSI, such as combining and individual fund financial statements, also accompanies City's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements: 1. Combining and individual fund statements and schedules 2. Schedule of Expenditures of Federal Awards (if necessary) The following additional information accompanying the basic financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: • I . Statistical tables 2. Introductory section Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Telephone: 952 -545 -0424 • Telefax: 952- 545 -0569 • www.mmkr.com City of Brooklyn Center Page 2 January 12, 2010 We will perform the required State Legal Compliance Audit conducted in accordance with auditing • standards generally accepted in the United States of America and the provisions of the Legal Compliance Audit Guide, promulgated by the State Auditor pursuant to Minnesota Statute § 6.65, and will include tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. We will also prepare a management report for the City Council and administration. This report will communicate such thins as our concerns regarding accounting procedures or policies brought to our g g g gP P g attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis, and other information of interest. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. The objective also includes reporting on: • Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control related to major programs and an opinion (or disclaimer of opinion) on • compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and the U.S. Office of Management and Budget (OMB) Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, other within the City, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass- through entities and is not intended to be and should not be used by anyone other than these specified parties. I Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America established by the Auditing nited States); the standards for financial audits g Standards Board ( contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Ace Amendments of 1996; and the provisions of OMB Circular A -133, and will include tests of accounting records, a determination of major programs) in accordance with OMB Circular A- 133, and other procedures we consider necessary to enable us to express such opinions and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. • City of Brooklyn Center Page 3 January 12, 2010 Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. Management is also responsible for preparation of the Schedule of Expenditures of Federal Awards in accordance with the requirements of OMB Circular A -133. As part of the audit, we will prepare a draft of the Schedule of Expenditures of Federal Awards and related notes (if necessary). You are responsible for making all management decisions and performing all management functions relating to the Schedule of Expenditures of Federal Awards, and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the Schedule of Expenditures of Federal Awards and that you have reviewed and approved the Schedule of Expenditures of Federal Awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including internal controls over compliance, and for monitoring ongoing activities to help ensure that appropriate goals and objectives are met. You are also responsible for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and where applicable, cash flows in conformity with accounting principles generally accepted in the United States of America; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities also include identifying significant vendor relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that information. Management's responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the City involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud and illegal acts affecting the City received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the City complies with applicable laws, regulations, contracts, agreements, and grants. Additionally, as required by the OMB Circular A -133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. • City of Brooklyn Center Page 4 January 12, 2010 Management is responsible for establishing and maintaining a process for tracking the status of audit O findings and recommendations. Management is also responsible for identifying for us previous financial audits attestation a en ements performance audits or other studies related to the objectives discussed in engagements, J the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the reports, and for the timing and format for providing that information. I Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and • material effect on the financial statements or major program. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Controls Our audit will include obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on • internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. City of Brooklyn Center Page 5 January 12, 2010 • As required b OMB Circular A -133, we will perform tests of controls over compliance to evaluate the 9 Y P P effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A -133. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and OMB Circular A -133. Audit Procedures — Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A -133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of • transactions and other applicable procedures described in the OMB Circular A -133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of these procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A -133. Audit Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. The assistance to be supplied by your personnel, including preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices select by us for testing, will be discussed and coordinated with you. We will provide copies of our reports to City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. City of Brooklyn Center Page 6 January 12, 2010 At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data e Collection Form that summarized our audit findings. We will provide copies of our reports to the City; however, it is management's responsibility to submit the reporting package (including financial statements, Schedule of Expenditures of Federal Awards, summary schedule of prior audit findings, auditors' report, and corrective action plan) along with the Data Collection Form to the designated federal clearinghouse. We will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report for you to include with the reporting package you will submit to pass - through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will coordinate with you the electronic submission and certification. The audit documentation for this engagement is the property of Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a regulatory agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carryout oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of MMKR personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report • release date or for any additional period requested by the regulatory agency. If we are aware that a federal awarding agency, pass- through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. James H. Eichten, CPA is the engagement partner and is responsible for supervising the engagement and signing the report. Our fees for these services will be based on the actual time spent at our standard hourly rates. We will also bill you for travel and other out -of- pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable upon presentation. Unless additional work is requested, or circumstances require additional work, our fees will be as described in the Technical Proposal for Professional Auditing Services, which outlined a total all- inclusive maximum price for the audit of $39,850. This price does not include an audit in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, which would only be required if the City expended $500,000 or more in federal assistance funds during the year. If the City is required to have a Single Audit of federal assistance funds, the price would need to be modified. The fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events such as new contractual agreements, transactions and legal requirements of new bond issues, new funds, major capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records, or turnover in the City's staff. City of Brooklyn Center Page 7 January 12, 2010 • With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review and letter of comment accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MA Y, jHJa TAGUE, KARNOWSKI, RADOSEVICH & CO., P.A. es H. Eichten, CPA ncipal E:kch Response: This letter correctly sets forth the understanding of the City of Brooklyn Center. By: Title: Date: By: Title: • Date: Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF ENGAGEMENT FOR PROFESSIONAL AUDIT SERVICES FOR THE 2009 FISCAL YEAR WHEREAS, the City of Brooklyn Center last solicited Requests for Proposals (RFP's) for auditing services in 2007; and WHEREAS, the firm Malloy, Montague, Karnowski, Radosevich & Co. was the successful proposer in that process; and WHEREAS, the 2009 fiscal year is the third year in the engagement proposed by the 2007 RFP; and WHEREAS, Malloy, Montague, Karnowski, Radosevich & Co. has proposed a scope of work and fees schedule consistent with budgetary expectations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Malloy, Montague, Karnowski, Radosevich & Co. be retained to perform and complete the audit of the 2009 Comprehensive Annual Financial Statements e and accompanying reports at a cost not to exceed $ 39,850. The Mayor and City Manager are hereby authorized to execute a Letter of Engagement for said services. January 25. 2010 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 COUNCIL ITEM MEMORANDUM • DATE: January 25, 2010 TO: Curt Boganey, City Manager Sf 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 an ordinance amending Chapter 12 of the City Code of Ordinances pertaining to licensing and enforcement of rental properties. Background: The City Council passed the first reading of the ordinance on December 14, 2009, setting the public hearing and second reading for January 25, 2010 of an ordinance to amend the regulation of rental properties. • The Notice of Public hearing was published in the Brooklyn Center Sun Post on December 24, 2009. Please refer to the attached Council Item Memorandum dated December 14, 2009 for more information. No changes have been made since the first reading on December 14, 2009. Only the proposed ordinance amendment in ordinance format has been included with this report due to size. The license criteria document will be put into final form based on City Council feedback and presented for final approval in February. If adopted, the ordinance would go into effect 30 days after publication. The implementation of the ordinance would be phased in starting April 1, 2010 in order to adequately develop systems for monitoring and tracking the performance of rental properties, and to develop informational materials and educate property owners and the public about the new program. Budget Issues: The impact the new rental license program will have on the budget will depend on the following: • The final license criteria approved by the City Council. • The efforts that rental property owners make to achieve the prescribed license criteria for the license categories. In general, landlords will have the ability to improve their properties prior to the next licensing process. However, based on information staff has gathered about property conditions throughout this code amendment process, if landlords do not take steps to improve the conditions of their properties, additional staffing will be needed. Staffing increases would be needed in the Police • Department, Buildings & Community Standards Department and Licensing in order to monitor and track Type III and Type IV properties because of the associated increased licensing process, increased inspection frequency, mitigation plans and Crime Free Housing Program requirements. It will be proposed that license fees recover the additional service costs accordingly for each • License Category Type. Because landlords have the ability to influence the distribution of properties in the category types, staff cannot accurately predict work load at this time. It will be necessary to adjust staffing levels according to the workload levels identified as the new rental licensing program is implemented. Attached: Attachment I- Proposed Rental License Ordinance Amendment Attachment II- December 14, 2009 Council Memorandum (without attachments) • CITY OF BROOKLYN CENTER of Jan 2010 at 7:00 i 's hereby given that a public hearing will be held on the 25th day , Notice i g Y �'S' Yg p 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 I. 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 purp ose of this OrdinaneeChapter 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: stability of all buildings and rop e within the City. 1. To protect the character and property tY p tY g 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 minimums p ace 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. i With respect to rental disputes, and except as otherwise specifically provided by the terms of this Or-dinaneeChanter. 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 parry, 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 0Fdinane­_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 Or-dinaneeChapter 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 OrdinaneeChapter, 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. 4a. Compliance Official — the City Manager and lithe Manager's designated agents authorized to administer and enforce this Or-dinaneeChavter. 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 whieh 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 art of the building in which the dwelling p g g unit is located. 7. Family — any of the following definitions shall apply: I -"err n or persensPersons related by blood, marriage, or adoption, together . with4ii -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 -0 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. I 8. Flush water closet - an approved toilet, with a bowl and trap made in one piece, < 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 minim 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 whiehthat 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 dwellinja - a dwelling or portion thereof containing three or more dwelling units. 15. Nonresidential building - all -ether 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. legal ore equitable interest • or corporation Navin a 18. Owner — a person, agent, firm, rp g g q p g 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: a) conducted to determine if a code violation has been corrected; asehedul d ins eetio = r b) needed because a licensee, owner or other responsible party fails to attend; --er a scheduled inspection: or c) needed because a scheduled inspection that-does not occur or is prevented due to any act of a licensee, owner or responsible party.. -: or d) anv inspection other than the initial insp_ ection for a license application where one or more violations are found. 26 Rental dwelling — The term "rental dwelling" means amf occupied dwelling or dwelling unit —athat is not occupied by the owner of record regardless of compensation. The term includes anv dwelling or dwelling unit let f " r-ePA of reoccupied 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. S 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 . that may cause accidents or disease. 31b. Single familv attached- includes a to_ wnhome. 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 built up or composed of parts joined together in some definite manner. 33. Substandard dwelling — any dwelling whielg does not conform to the minimum standards established by City Ordinances. 1 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 occupvinia anv dwelling or having possession of a space within a dwellins_ who has the le4_ al rig_ ht to occupv the dwelling unit, where a legal owner does not reside. 3 -56 Meanine of certain words — whenever the words "dwelling ", "dwelling unit ", "premises ", "building ", or "structure" are used in this Or-dieChapter. 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 f ollowing 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 Or. 6 Yanc9Chapter. 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. Not-withstanding h °r 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 sash -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 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 erson other than the occupant, a temperature of at least 68 degrees Fahrenheit, or such lesser p p p by Ty, temperature required b government authori ,shall be maintained at a distance of three feet P q 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 buildin g shall be responsible for providing and maintaining in goo d 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, whit -h that does not comply with the following requirements. Section 12 -402. KITCHEN FACILITIES. Every dwelling unit shall have a room or I portion of a room in which food may be prepared and/or cooked and wthat 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 I connected to an approved water supply system and- eh, 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 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 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 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 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 kthat 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 type1ypes 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 v4iieh 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. TABLE ROOM VENTILATION. Section 12 -503. NONHABI 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 I shall be required if such rooms are equipped with a ventilation system whi�el }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 I overcurrent protection devices, electric outlets, and electric fixtures }that are properly installed, whic-h shall be—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. DwellineDwellins 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. I 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, whie}that does not have heating facilities wWeh that are properly installed, and •• that are maintained in safe and good working condition, and h 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 it 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 wthat 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 v4k hthat 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 whieh "` mit- that admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All q 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. J �' 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, good condition both in masonry, or other decay resistant material. Fences shall be maintained in g • 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 w that is required under this 9 r-dix 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. permit or let to be occupied an dwelling or UIREMENTS. No person shall occupy p Y Q P PY p 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 occup a dwellin unit e 1, 1975, the maximum • I r rY � ���� � p rior to Jun r 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 o f habitable room floors p ace. 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. P P �'Y � pY 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 seetio 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 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 h provided. • Th eFe s h a ll b e t wo t yp es o f is r D s enses o,��,4,,.. an pr isi oma'. Pravisieaa4 are �d in S on 12 913.. A license will be Granted as Tvpe I, rrccn-oc� T vD e II , TVDe III or Tvne IV Provisional based on criteria recommended by I the City Manager and approved by the Citv Council. b) Excen_ tions. No license shalt 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 occup_ ied dwelling unit., (3) A residential oronertv owned by a "snowbird" where the property is rented to another person 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 vear. (4) Unoccupied dwelling_ units that have been issued a Vacant Building, Registration. 2. License Term. Regular li zenses will b e i ssu e d for a p aTiod of vvv years. Provisional lieenses Licenses will be issued for a time period of m according to the license tvpe as indicated in Diagram 1. All licenses regular an provisional, ;-:iV,- may be reviewed ever- 3 sin m. ont-' sat any time after the beginning of the license term to determine whether the Dropertv continues to have the appropriate Twe license status. 3. Diagram I. Licensing Licensing Min. Inspection Crime Free Housing Plans Categor Period Freauencv • Type I 3 year Min. 1 time in 3 years, Phase I Recommended upon request or as needed as determined by_ ci ty Tvpe II 2 year Min.�1 time in 2 vears, Phase I Required upon request or as needed as determined bv.. cit Tvpe III 1 year Min. 1 time Der year, Phase 1, II Required Action Plan upon request or as Required needed as determined by cit 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 Mitigation Plan 3. New Licenses. ProDerties that have legally not been required to have a rental license due to new construction or a change from owner - occupied to rental will, qualifv for a TvDe II License. ProDerties found operating without a valid rental license from the city or failing to meet city code requirements, or that have been. • i the subiect of enforcement actions such as , criminal prosecution or civil penalties. for violation of this Chapter. will only qualify for a Tvpe III license. 4. License Renewals. All rental properties are subiect to review and may be, reauired to apply and qualify for a different license Tvpe based on the level of compliance with citv codes and applicable regulations. 5. Failure to Meet License Cateizory Reauirements. At any time durinz a license period, if a rental prop_ ertv does not meet or exceed the criteria established for the, current license Type the license may be brou¢ht 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 Catef4ory 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 Citv Manager and approved by the Citv Council. a) Police Incidents. Freouencv of police calls will be based on the averaize, number of valid police calls per unit. Police incidences for purposes of determinine licensiniz cate¢ories 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, robberv, aaaravated assault. burelarv. theft. auto theft and arson. Calls will, not be counted for purposes of determining licensin! cateeories 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) Propertv Code and Nuisance Violations. Standards for property maintenance will be based on compliance with city and other applicable codes as determined throuiah inspections and investigations. 8. License Process and Renewal.. ah_ 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. lh_ No application for an initial or- - license shall be submitted to the City Council until the Compliance official has determined that all life, I 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 aranting a license conditioned on completing repairs., --Tc Incomplete Anblications or Process. If the license application is incomplete, or the applicant does not meet the reouirements of the licensing, process within 120 dav_ s of the submittal date, the application will be canceled. 9. Condition of License. P r i or- t o ' ' • e e SPA ---a all times dufing th e hee e tef a license hol er 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 cite on the licensed propertv and anv other rental real Drouerty 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 utilitv 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 v4iieh 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 familv attached DroDertv is converted to a rental Drobertv, the owner or applicant shall Dav 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 payments. 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 upo . Upon revocation or suspension however-, the keense gall 'a °~+i-+'ed +^ of a license fee F-eftifid, pr-ora +i,i >> upon ^ p roof f f +, m sf e rrship. Tf-a if o the applicant withdraws an application , , or in the fee sha ll a s a ft ef a s + +tom ^ + o f i nsp eti and are o th e it n � [IIC CO•TCJ V 11 J1. ex 1 Y G N ` P', thecase 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, telephone number, � I 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. I 7. Status of utility fees, property takes, 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 aizent. 10. At least one 24 -hour nrooertv 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 I official within €oveten business days after any change of this information. Depending on the nature of changes, the Citv may reauire a new orOD ertv inspection. Notice of transfer of ownership shall be as described in Section 12 -908. • Section 12 -904. RESIDL'?` TLOCAL AGENT REQUIRED. I 1. Local � ent. 1 A No operating license shall be issued or renewed for a nonresident P g owner of rental dwelling units (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or S Washington) unless such owner designates in writing to the compliance official local agent one who does reside in an the name of �� he owner' s ( Y of the g 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 Aaent. Licensees are responsible for the acts or omissions of their managers, operators, local anent 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 C- ONDITI9N-.REOUIRED. 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 MW4 ental dwelling with more than four units shall e to fie— c onspicuously pestedpost the current license certificate in the main entryway or other conspicuous location at th e . ffent heense f -• For rental dwellings of four or fewer units. the +ive multiple d=:'e' -' - =" - licensee must provide a copv of the license certificate to each tenant by attaching_ a cony 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 & (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. Evefy owner of a ""e nsed r-ef" dwellin a +a:.,.i +L.r _o more 11., :iii units shall keep, or eattse to be kept, a euffeFA register- of eee"aaey fei: eaeh dwelling unit whieh provides the felle�Ang infeffnatien.: 4-1. Every owner of a licensed rental dwellina shall keep, or cause to be kept, a current register of occupancv for each dwelline unit that provides the following information: a. Dwelling unit address. • 2b. Number of bedrooms in dwelling unit and the maximum number of occupants. • 3. Namasc. 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. i 4d. Dates renters occupied and vacated dwelling units. -5e. A chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this 9r-dinan eeCode 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 comrina 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 occupancv for each building that provides the following: a. Buildina 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. i norz ;.7 .,l pr - op eA i ahal' ' b �. �+ „� t ro ste ,r 1�C�+Pip, �IT0.A.ZV LV — L 7 , 1L 1��� eecupane; 1, building whieh p rov ides t h e f ll.,,,r n Y Lll�,. 1. Buil ding address z. T, :,t --of all to a,-,4 „ 3 a een by cull g • , Section 12-910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON- RENEWAL. • subject lica ' i .Eve license issued under the provisions of this Chapter � 1. Abp bil tv Every ter is s p P 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 restored by the City Council. 3. Affiy sew g this se� shall b ;1,y, of sae.. <c i 3r, and upon eew,ietiea thefeef shall bc punHhood by a fine of not more than one theusan dollars ($1 or b, - irnpr.&On111 iom ,lam 3 or both -, togs her - 3Viththe - eestsso pr-eseeu e R 1 ^ `a f 1, 1 +' L. 11 � +;+„+o a separate punishable offense. 4 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 continuouslv comply with any property maintenance, zoning, health, building, nuisance or other city codes; or failure to correct deficiencies noted in neti of vielatie - ' Compliance Notices in the time specified in the notice. I d. failure to comply with the provisions of an approved mitigation plan i the ease of pr li ses not submitting an action plan as required., e. failure to qualify for the tvne of license held or applied for f. excessive police calls for service in accordance with criteria determined by the Citv 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 plan to reduce the police calls for service s. 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 anv 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 propertv by the property owner as determined by the inability to make contact with the owner or his/her manager or local, anent 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 s - and -this- �� rdinances. f. any other vielatien of this Chapter 5. License Action Sections. Revocation, suspension and non - renewal may be brought under either this Section or Section 12 -911, or both. n i li eense y be r e v oked at the en o f o +t, r per i od , . desctibed in se etion 12 90 (2) a t th end of he tw p a find or - S 12 91 6. Notification. Hearina 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. 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. 8. -7. Affected Facility. The Council may suspend or revoke a license or not renew a license for part or all of a facility. • I 9 8. License Actions, Reapplication. 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. I o- 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 mire -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 propertv within the citv for a period of one year from the date of revocation. The person may continue to operate other currentiv licensed rental nroperties if the properties are maintained in compliance . with city codes and other applicable regulations. 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 SeWe -' isorderly a whieh any of the following —activities eeetware considered nuisances and defined as, • follows: a. Vi olation of S --t ---- 19 1202 (N o i se Ab a t emen t) . 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. I C. Violatio ofP ublic 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. g. Unlawful use or possession of a fm-,,am in ;Aeletienweapon. Violation of Minnesota Statutes, c°�— Sections 609.66, Subdivision la, 609.67, 609.02, Subdivision 6 or 624.713, and Citv Code Section 19 -402. Z. The Eit- M _ sh b e - =r - ib f r^ v o„+ a a • 111111 tr -atie of dim i s J thi m ay J J 1 � aefien authorized delegated to the G4y Manag des 3. h. Loud parties /p ersons — City Code Section 19 -1201 i. Fights — City Code Section 19 -203 i. Allowing curfew /status offenses /underage drinking_ — City Code Sections 19 -301; and 19 -304. k. Disorderlv conduct (Minn. Stat., Section 609.72) 1. Propertv 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 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 gi notiee to the lieensee of the viola a-a a + th li eensee t t s to p T , e r : ie a+ie__s. the following actions: 4a) 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 4 ffee (3) ,,. eR4h o an neide'- # a twelve (12) month time ep riod for whieh a netiee4n-pam 3 v bathe same tenancv, the City Manager or the Manager's authorized designee shall notify the licensee of the violation and slrall. 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. - This The licensee shall submit a written report shall be mb:.:tted—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 withi th pr- e e eding + wee «) m 5,0 If another third instance of disorderly use of the licensed premises occurs within +h «) mon a any twe previous i ee cr twelve (12) month time period from the first disorderly useviolation for W -hieh ne fi e to the lieen s pur-su .nt to tk:s saaetienthe same tenancv, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not I 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 Sueh 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 t' fort v -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 • I� license upon such terms and conditions as it deems necessary to accomplish the • purposes of this section. b -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. I 7. 5. Determining 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- 94-2-7912A. 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 Chatter or citv ordinance knowing or having reason to know that the report is false with the intent to affect the licensine status or inspection schedule of the property. Section 12 -912C. TENANT RESPONSIBILITIES. 1. Access to Premise. When reauired by Minnesota Statutes, each tenant or occupant of a rental dwelling must ¢_ ive the owner, owner's representative or authorized citv 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 re¢ulations. A tenant is responsible for applicable propertv code. nuisance and violations of disorderlv conduct as specified in Section 12 -911 that occur on the prop_ ertvr, including violations committed by household members or guests. Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. T Lieen sed multiple dwellings, with five or- m • ° nits , h y ` S° ate av o f 65 ° e lse° or fi:c calI3 p a., e lfi g &4 t in a pr ae eding one year- pefiod as speeified below are eligi perio Pr-epeAies with provisional fieen , . fify for- a regtgar- lieense only after- w it h f th tic „l;. fi t I t �; +Rental 11L 1J iJV a b properties that meet the provisional licensing criteria as described in Section 12 901 are eligible onlv for provisional licenses. a. 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Calls will not be eounted for- puTeses e d e t erm i ning o „ 1^ +i --� ei�CC � vrsrvzxu��rccri�e= �r r�:1�. 1819"t Ell '. 11 O f . ; p Abal v� xcc i` xx i�u ' q i u sr oft « » CCG�nx'txxp��t— jaR vxxxv..a.av .` »u. _^ �. whether- pr-evisieneA ieense - is required is the t we l ve (12) „ +1, p eriod e ndi ng + +1, b e f ore t „ + lam r e v i e w p eri od de fibe.7 in o,. +;.,« 12 Q. The City will provide by mail to each licensee a monthly report of any police calls and incidents and aDDlicable moDertv code violations as described in (-a) abx: -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 DroDertv code issues described in paragraph (' 12 -901 and 12- 911 to a level that qualifies for a regii! Tyve 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, and I security personnel, and time frame to imD_ lement all Dhases 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 i 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 e-alls incidences and/or property code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and mis 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 e-a4s. incidences and/or property code violations., 4. - - 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. TPKN A ITT BACKGROUND !"'TI(`D 11UND CHEC S CRIME FREE HOUSING PROGRAM. For the purpose 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 c ategories other than Type I , an owner. m ana er or local • aizent responsible for the operation of the rental property must complete the Phase. I traininiz of the crime -free housins program or a similar course approved by the Citv Manager. Certification as a rental property manager may also satisfy this requirement. Phase I includes the following: a) Attend an eieht -hour crime -free housing course presented by police, fire. public housing and others. b) Use a written lease includin¢_ the Minnesota Crime Free Housing Lease, Addendum. c) Check the criminal background of all prospective tenants and, upon request, provide a copy of Third Partv 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 Securitv Assessment and complete the security improvements recommended. This phase will certify that the rental property has met the security requirements for the tenant's safetv. b) Attend a minimum of 25 percent of Owners/ManaQers Association Meetings. i 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 prop_ erties with more than four units. hold regular resident meetings. c) Attend a minimum of 50 percent of Owners/Managers Association Meetings. d) Have no Citv Code violations that were not resolved in accordance with compliance orders within the past vear. 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 /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 anv other provisions. These lease provisions shall be incorporated into every new and renewed lease for a tenancv 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 anv subseauent persons 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 tenantstenants who are 18 vears of age or older and persons subsequently residing in the dwelling unit who are 18 vears 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 pr-espeetive- tenan t's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any prespeefive tenant in dieir-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-pfes� 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 d by the City Manager or the City Manager's designee during n qrm a4 busine s h, ufs (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 histhe Manager's designated agents shall be the compliance official who shall i i d who is hereby authorized to administer and the of this enforce te E►rd�eChapter an y I p cause inspections on a scheduled basis for rental dwelling units, and other buildings when reason I exists to believe that a violation of this Or-dinaneeChaoter has been or is being committed. Inspections shall be conducted during reasonable da34ght hour&-,— 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 requesting city authorized agent at the scheduled insp ection time or as requested. _ 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 histhat person's control for inspection pursuant to this OrdinaneeChap_ ter. whereupon the compliance official may seek a court order authorizing such inspection. Section 12 -1003. INTERFERENCE WITH DUTIES PROHIBITED. A person must not • prevent, delav, provide false information or otherwise interfere with the comp_ liance official.- City Manager. or Manager's designated agents while thev are engaged in the performance of the duties imposed by this Chapter. Section 12 -1101. UNFIT FOR HUMAN HABITATION. I 1. Any building, or portion thereof, A 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. See6e., 1 11 8E UJ E UTN -IT A ND VA BU11.,-'.�' x`101. I e o` ,7.--ner • I biding or pe#ion thereof h h h as b een a t.,,.oa tfa&4 human ha y,;+., +;e , ,,,,'e i ethenAse vaeant for- a pefied of 60 days or- more, shall make same safe and seeufe so that i . not hazard to theh €alth, 7 d eeme d / y t b ild a o t n ;f „v,m,. , shall bi to be n hazard to the health, sa�� a-ad welfme of the publie and a publie nuisanee within C..e meaning of Ordinanee and shall be - d e safe and seeufe iffffnediatel" 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 O 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 Or-difianeeChapter. 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" 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, whie 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 onzoina 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 9finaneeChamer, 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 ord er. 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. I 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-dinaneeChapter. Section 12 -1205. 1LT?E'S.FAILURE TO CORRECT COMPLIANCE ORDER., ,,� f a .,s - Any person who fails to comply with a compliance order a , � ppe I, _ expired and • any person who fails to comply with a modified compliance order within the time set therein, upon conviction therefor shall be 7ariclicd Asa='' d ollars `Q' ,000) or- by impr-isewnen4 not to exeeed ninety (90) days or both, together- with the eests of 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 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 rem g J remedy shall be a lien against the subject real estate and may be levied and collected as a special Y 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 Or-diChapter, 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. ^ vi an y o f th an, of `� N this O - ,];„.,Ree, ^ ' tall , up an eenviefi th ereo f b l th be pu b „ fi „„+ + . exe eed en etho us „ d dollar s ($1 b + + to v ooa ni (90 da or- together- with the ees of pr- eso,.ufie,+ person or responsible party who violates sections 12 -. 101 through 12 -1402 is subject t the penalty provided unde section 12 -1205 of this code., Nothing in this Chapter however i- deemed to limit other remedies or civil penalties available to the Citv under this code or state law. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this Or-dinaneeChaoter 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 I OaaeeChapter 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. 13v enacting and undertaking to enforce this Chapter, neither the City, Citv Council. its agents nor emplovees warrant or guaranty the • safe , fitness or suitabilit of any Rental Dwelling or Renta Dwelling Unit in the Citv. Owners and occupants should take appropriate steps to protect their interests, health, safety and welfare. Section II. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. [Underlined material is new. StFieken material is deleted.] Adopted this day of , 2009. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication: December 24, 2009 Effective Date: • i e Attachment II COUNCIL ITEM ME MORANDUM DATE: December 14, 2009 TO: Curt Boganey, City Manager t City Manager/Director er/Director of Building FROM: Vickie Schleuning, Assistan ty g S & 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 e 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: As the number of rental properties increases, the amount of city resources necessary to properly 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 1/25/2010 Rental License Regulations Chapter 12 Second Reading & Public Hearing CITY COUNCIL MEETING JANUARY 25, 2010 Presented by: Vickie Schleuning, Assistant City Manager /Director Building & Comm. Stds in cooperation with Police Department, Licensing, and Rental Strategies Committee Overview • Background • Highlights of Proposed Ordinance Amendment •Q &A 1 1/25/2010 Background • Rental Neighborhood Improvement Strategies, initiated in 2007 • In ut from Various Parties- Rental Licensees Meetings Feedback- 05/14/09, ii�12 /o9, MHA, Link Assoc., etc. • First Draft Presented to City Council o6/22/09 • Ordinance Amendments Consist Primarily to Regulations Pertaining to Licensing and Enforcement Issues 0 12- 910,12 -911,12 -913 • Worked on Data Analysis for Measures and License Categories • Reviewed with City Council on 09/28/o9 • Reviewed with Housing Commission on Staff Work on 11/17/09 • Development of Internal Systems In Order to Carryout Logistics of License Categories • First reading of ordinance amendment at 12 / 1 4/09 City Council Meeting • Second Reading & Public Hearing of ordinance amendment tonight (01- 25 - Goals of Rental Ordinance Amendments �J 1. 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. 2. To provide additional standards and tools to help substandard properties become well - managed properties, while supporting existing efforts of well - managed properties. 3. To reduce the city's cost to the general taxpayer associated with regulation of substandard properties. „s, 2 1/25/2010 Highlights of Proposed Code Amendment I (— D, 1 • General language format and cleanup o Eliminate duplicity, clarify where needed, format for easier comprehension • Definitions- Clarify rental dwelling, to include all non -owner occupied properties such as renting to relatives • Providing consistency of requirements for all sizes /types of rental licenses o Application, accountability, etc. �, 4� �,� : =F,,• tea :.. Highlights of Proposed Code Amendment • Creating new performance based license category structure • Based on property code compliance, supplemented with validated police service calls « Note- Reviewing 12 - 90 1 -7.a - Part one crimes as part of applicable licensing criteria for police service calls • Determines inspection frequency • Adds licensing conditions to support well- managed properties and property improvements such as Crime Free Housing Initiatives, Action Plan, Mitigation Plan 3 1/25/2010 License Categories 7 Licensing Licensing Min. Inspection Crime Free Housing Plans Category Period Frequency Type 1 3 year Min. 1 time in 3 years, Phase 1 Recommended upon request or as needed as determined by city Type 11 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, 11 Required Action Plan upon request or as Required needed as determined by city Type IV 6 Months Min. every 6 months, Phase 1, 11 and III Mitigation Plan Provisional upon request or as Required Required needed as determined by city, or as otherwise specified by Mitigation Plan Highlights of Proposed Code Amendment • Qualifying for Licensing Categories • New properties — May qualify for Type II if no legal actions or excessive code violations (per schedule) • If legal actions- May qualify for Type III x Ex. Criminal or civil sanctions- unlicensed rental property • Categories based on criteria recommended by City Manager and approved by City Council x Reviewed at Council Work Session, finalizing criteria • If critical changes in property conditions during license period, license actions may be taken 4 i 1/25/2010 Highlights of Proposed Code Amendment cont... �� • Adding and clarifying conditions affecting status of rental license • Set clear expectations for internal and external parties P P • Provide consistent process for all license actions and placed in common section • Current license holders with city violations- police, property, licensing, financial obligations to city • Initial application- providing expiration period of 12o days for incomplete applications • Renewing licenses, with conditions, for legitimate reasons I.e. Weather deferral i Highlights of Proposed Code Amendment cont... \10� - -- • Substandard property accountability • Linked Crime Free Housing Standards to license category • Provisional licensing with mitigation plan • Action plan- accountability shift to landlord • Amendments provide clearer process for license actions • Chapter 12 -913 requirements applied to licensing categories o Added language to allow licensing actions for excessive public service calls 12 -913 and 12 -911 disorderly premise violation types • Chapter 12- (Conduct on premise)- clarified and increased accountability of tenants /landlords for multiple disorderly conduct violations • Extended tenant/landlord accountability time period for multiple disorderly violations from 6 months to 1 year time period • Means 3 violations occurring within any 1 -year time period requires landlord and tenant corrective actions • Written plan, then eviction or license suspension or revocation actions 5 I 1/25/2010 i Highlights of Proposed Code Amendment cont... • Require Crime Free /Drug Free Lease or Similar Language to Tenant Lease • Adding Tenant Responsibility Language o Tenant, landlord or both responsible and accountable as appropriate- sends message • Added Crime Free Housing Program Section • Provides description of various phases • Added city elements such as attendance at owners /managers meetings for different phases • Linked to License Categories aaw,Pt }}per, }v sr_ Council Feedback r�� •Q &A Thank You 6 City Council Agenda Item No. 9a • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development DATE: January 19, 2010 SUBJECT: Planning Commission Application No. 2010 -001 Recommendation: It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Background: On the January 25, 2010 City Council Agenda is Planning Commission Application No. 2010- 001 submitted by Joe Logan for Alleluia Sanctuary Church requesting a Special Use Permit to • allow a church use in a PUC/I -1 zone at 6870 Shingle Creek Parkway. This matter was considered by the Planning Commission at their January 14, 2010 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2010 -001 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. Budget Issues: There are no budget issues. Application Filed on 12 -21 -09 • City Council Action Should Be Taken By 2 -19 -10 (60 Days) Planning Commission Information Sheet Application No. 2010 -001 Applicant: Joe Logan for Alleluia Sanctuary Church Location: 6870 Shingle Creek Pkwy, Palmer Lake Plaza Building Request: Special Use Permit - for Religious Assembly /Church within an I -1 (Industrial Park) .Zoning District The applicant, Pastor Joe Logan, on behalf of the Alleluia Sanctuary Church is requesting a Special Use Permit for a church use in a 2,915 sq. ft. tenant space in Suite B 115 of the Palmer Lake Plaza (Office /Service portion) located at 6870 Shingle Creek Parkway. The applicant's architect, The Dennis Batty & Associates Group, has provided the attached floor plan which illustrates the proposed use of this 33 ft. X 88 ft. warehouse space as a church having 65 seats and has indicated the hours of operation will be Sunday 10:00 a.m. to 2:00 p.m. and Friday 7:00 p.m. to 10:00 p.m. ZONING The subject property is zoned PUD/1 -1 (Planned Unit Development /Industrial Park). The proposed use is a permitted use in the C -1 and C -2 zoning districts under the category of "places • of religious assembly such as chapels, churches, temples, mosques and synagogues ". This category of use is an allowable use in the I -1 zone through the special use permit process, pursuant to Section 35 -330, Subdivision 3c, of the zoning ordinance. This section allows limited commercial and service and office uses such as proposed to be located in the I -1 zoning district provided the use can meet the general standards for special use permits contained in Section 35- 220 of the zoning ordinance and the special criteria outlined in Section 35 -330, Subdivision 3e. COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITS Attached are the responses to the five questions which must be satisfied to consider the issuance of a Special Use Permit (Section 35 -220, Subdivision 2) a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the 1 -14 -10 • Page 1 • district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Additionally, these responses address the following questions within Section 35 -330, Subdivision 3e, which are required to be satisfied. 1. Compatible with existing adjacent land uses as well as with those uses permitted in the I -1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the I -1 district generally. 3. Of comparable intensity to permitted I -1 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park • or the community. STAFF COMMENT A review of the zoning history of this property indicates the following: The Palmer Lake Plaza was constructed in 1978 as a mixed use multi- tenant facility consisting of approximately 139,000 sq. ft. including the following: 52,000 sq. ft. office area 39,000 0 s q . ft. warehouse area 48,000 sq. ft. service center area The project was initially developed with a main parking area consisting of 281 stalls on the west side of the lot and 50 parking stalls on the east side. In 1986, an amendment to the site plan was approved which replaced the front row of parking - stalls on the west side of the building with a landscaped berm to screen the service area of the west side of the building. The plan reduced the parking to 307 improved stalls and involved a restrictive covenant on the proof of parking plan. In 2003, the 11.14 acre Shingle Creek Plaza property, a vacant 2.36 acres lot adjoining to the west, and excess vacated R.O.W. from 69 Avenue realignment were replatted in Wirth 1 -14 -10 is Page 2 Addition: Lot 1, Block 1, 9.8 acres Palmer Lake Plaza (6850, 60, 70 Shingle Creek Pkwy) Lot 2, Block 1, 4.18 acres Holiday Stationstores, Inc. (6890 Shingle Creek Pkwy) On August 13, 2003, the Planning Commission approved Resolution No. 2003 -01 which recommended approval of the rezoning of Lots 1 and 2, Block 1, Wirth Addition from I -1 Industrial Park to PUD/I -1 (Planned Unit Development/Industrial ment/Industrial . This recommendation Park ( ) (P P ) facilitated the development plans for a 43,761 sq. ft. Holiday Stationstore Commissary building on Lot 2, Block 1, Wirth Addition and parking lot modifications (addition of 50 parking stalls) to the Shingle Creek Plaza facility on Lot 1, Block 1, Wirth Addition. On August 25, 2003, the City Council adopted Resolution No. 2003 -124 accepting the Planning Commission recommendations. A conversation with the property management indicated that a significant portion (over 80 percent) of the 48,000 sq. ft. office /service center is being leased to non - industrial uses (Brown Institute and the Brooklyn Center Area Learning Center). The consensus of property management was that there was sufficient/excess parking on site and that the proposed church was very compatible with the current and future use of this portion of the building. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to surrounding property owners. • RECOMMENDATION It is the opinion of staff that the standards for special use permit and the special criteria for allowing certain non - industrial uses in the I -1 zoning district have been satisfactorily addressed. It is recommended that the application be approved subject to the following conditions: 1. The special use permit is issued for a place of religious assembly and associated uses at this location. No other uses, not comprehended by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. 2. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 4. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 1 -14 -10 Page 3 LOGISMap Output Page Page 1 of 1 • F r • w Palmer Lake Park -- ._._- _.- _____._.. _.._._...._.....__. .. 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ServiceName= bc_LOGISMap_OV &ClientVersio... 1/13/2010 ME The Dennis Batty & Associates Group, Inc. architects & planners 22770 Imperial Avenue North Forest Lake, Minnesota 55025 Phone 651- 4643756 Fax 6514643794 Email dennisbatty @dennisbatty.com December 18, 2009 Gary Eitel, Community Development Director Gary Gilpin, Building Official City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Special Use Permit Application for Alleluia Sanctuary Church to Lease Space for Church at the • Palmer Lake Plaza Building at 6870 Shingle Creek Parkway Dear Mr. Eitel and Mr. Gilpin, Alleluia Sanctuary Church is hereby filing an application for a Special Use Permit as required to be able to lease space for use as a church in the Palmer Lake Plaza Building located at 6870 Shingle Creek Parkway. The following are being submitted as parts of this application: 1. Completed and Signed Special Use Permit Application. 2. Application Fee Check in the amount of $200. 3. Floor Plan Drawing of Suite and Entire Main Floor Plan. 4. Aerial Photo of Entire Site 5. This Letter Containing Additional Detail about Special Use Permit Application Request. APPLICATION DESCRIPTION Palmer Lake Plaza, LLC and Alleluia Sanctuary Church are requesting a Special Use Permit to be able to use space in Suite B 115 in the existing Palmer Lake Plaza building located at 6870 Shingle Creek. The existing building and property are zoned PUD/1 -1 which only allows a church in this zoning by Special Use Permit. • Special Use Permit Application for Alleluia Sanctuary Church Pe pP tub' December 18, 2009 Page 2 • Area & Size The total area of the proposed suite will be 2,915 square feet located in the southeast corner on the main floor. The space to be occupied will be a single room 85'X 34' that will function as a worship space for the church. The church plans to purchase 65 chairs for congregational seating. They also plan to construct a 21" high, 10' x 20' handicap accessible platform extending out from the south wall of the room. From a code standpoint, the capacity of the space, using the seven square foot per occupant required by the code, would be 416 occupants. (It is, of course, physically impossible to seat that many people in this space in a worship setting.) Exits & Handicap Accessibility The room has two exits, one which opens directly to the exterior and the other into the public corridor which allows handicap access to the space and adequate exit width for the code based 416 occupants. The distance via the corridor from the door that exits into corridor to exterior exit at the end of the corridor is 148 feet. Handicap Accessible Restrooms Adequate existing handicap accessible restrooms are located about 150 feet down the public corridor. The existing restrooms contain five water closets and three lays for women, and three water closets, two urinals, and three laves for men. Parking • The three contiguous buildings that make up Palmer Lake Plaza have three parking lots with a total of 318 parking spaces. Eleven spaces are allocated specifically to Alleluia Sanctuary Church, with the balance available on a first come first serve basis. If the church were a stand alone structure, with an occupant load of 416, required parking would amount to 138 spaces using a one to three ratio. The 65 seats the church plans to use would require 22 spaces using that same ratio. Hours of Operation The church plans the following weekly hours of operation for the space to be leased: Sunday- 10:00AM — 2:OOPM Friday - 7:OOPM — I O:00PM The proposed hours of operation are at off -peak use times for the balance of the tenants occupying the building. COMPLIANCE WITH STANDARDS FOR SPECIAL USE PERMITS From the City of Brooklyn Center's Standards for Special Use Permits, A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met. The following is a response to each of the six standards listed on that handout. • Special Use Permit Application for Alleluia Sanctuary Church December 18, 2009 Page 3 a. the establishment, maintenance or operation of the special use will promote and • enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The use of Suite B115 in the Palmer Lake Plaza building by The Alleluia Sanctuary Church will promote and enhance the general public welfare by allowing the church to bring its congregation into the City of Brooklyn Center to hold its worship services and other church activities. The City of Brooklyn Center by its precedent of previously allowing the establishment the churches has determined that their establishment does promote and enhance the general public welfare. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood. Alleluia Sanctuary Church with its proposed schedule of use of the leased space use " will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted ". The Sunday morning and Friday evening schedule of use of the space will be at "off peak" times for all other tenants in the Palmer Lake Plaza building, The space being leased by the church represents less than 2% of the total floor area of the building. The property around the Palmer lake Plaza building is fully developed and for the most part is commercial in use and so the church with its proposed schedule of use will have little or no impact on the surrounding commercial property. There is another church directly across the Palmer lake Plaza to the south, Spiritual Life Church. c. The establishment of the special use will not impede the normal and orderly • development and improvement of surrounding property for uses permitted in the district. Again, the property around the Palmer lake Plaza building is already fully developed and is, for the most part, commercial in use. The church with its proposed "off peak" schedule of use will have little or no impact on the surrounding property. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. The proposed location of the Alleluia Sanctuary Church is in Suite B115 of the existing Palmer Lake Plaza building. This building has fully developed parking for 318 cars and two existing access drives that are aligned with Freeway Blvd, and Xerxes Avenue to the south of Shingle Creek Parkway. Again with its proposed "off peak" schedule of use and proposed size, it will have little or no impact on traffic flow of the surround streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Alleluia Sanctuary Church will be submitting a drawing or drawings required by the Brooklyn Center Building Department that will show the necessary code review and construction required for the space to used as a place of assembly in the Palmer Lake Plaza building with its current zoning, occupancy, and type of construction. These drawings and information will be submitted once the special use permit has been granted. In our description of the project above in this letter we indicate there are no significant deficiencies in the space and that it can effectively be used with minor alterations for a place of • assembly for the church. Minor alternations may include reversing the swing of the Special Use Permit Application for Alleluia Sanctuary Church December 18, 2009 Page 4 exit door into the corridor, adding exit lights over the two exit doors, adding emergency lighting in the space, constructing the handicap accessible chancel, and updating the HVAC system. (End of Response to Standards) SUMMARY Thank you for your consideration of this special use permit application by Alleluia Sanctuary Church. Please direct all questions and/or requests for additional information to Dennis Batty, the architect and agent representing the church. Contact information is as follows: Dennis Batty, AIA The Dennis Batty & Associates Group, Inc., Architects and Planners 22770 Imperial Avenue North Forest Lake, MN 55025 Phone 651 -464 -3756 Fax — 651 -464 -3794 dennisbattvna,dennisbattv.com Palmer Lake Plaza building is managed by: . The Wirth Companies 615 Second Avenue South Minneapolis, MN 55402 Contact person — Paul Carroll Phone — 612 -278 -9280 Fax — 612- 339 -2538 It is our understanding that this application is being submitted in time to be included on the first planning commission meeting in January 2010. If you have questions or need additional information please contact me. Since ly, Dennis Batty, AIA The Dennis Batty & Associates 7u\Dc., Architects and Planners Enc. MEE The Dennis Batty & Associates Group b(Da080TA SANGTUARI' 22776DAP�1ALAVIINUe14. FO1l "LA1t8, MN S5m 101AII. ,.ees SEATING 65 SNOLJN Pl1014&66L46/7756 FA1G 6S]- 1648794 33'X88' basso= 7242 wear We4DWARDPA96 9PAII4CIPm= Mo 6!616 m�rAn. �+eA�►� P.7NS 417466948 W O FAX, 417409 DRAWN lY7 O OO 20m2 ]l�I7 OO � OO � OO I96UE O OO O� 12. -122.0 1L121-09 O RSPIlIWN61 (O (O (O (O (O ((O • (O (O (O (O (o GNANGEL (O (O (O 12'X20' (O (O (O (O 0 (o (o (o (O (O 1 Mfl®T COM 7118 TO PLMt 6PBCMATIC 1 OR WM 6M (O 6T HE CR Imm w pRECi YD 71M7 I R7 T L,Yb OF 7C Q 1���R� 66. SPECIAL USE APPLICATION P011 O� ALLELUIA MARY - SUM CHURCH BURE 8116 ^ PALMER LMe PLAZA 6679 sM a meet PItW7 snooa � n4 t>lMIR, LtN MAIN N.G. RAM FLOOR PLAN MAIN FLOOR PLAN • 1/4 N� ORRIDOR A1.0 11-11 1 i i it 71. wrm cWAP.lw q� 615%.d MssloY ` IRf 4.1 X 77P7l71 J S� U "S J w y 1 O O m C ti l 7T�a�ftil S a _ 3 CL W J V uj Y z 60 J z y W Y. 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J r ✓ � e P� - 4 ('n'^� y a}� �/} 'tir'y.� • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 14, 2010 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:08 p.m. ROLL CALL Chair Sean Rahn, Commissioners Joann Campbell- Sudduth, Kara Kuykendall, and Della Young were present. Also present were Director of Business and Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Commissioners Stan Leino and Carlos Morgan were absent and excused. Commissioner Michael Parks was absent and unexcused. APPROVAL OF MINUTES — AUGUST 13, 2009 There was a motion by Commissioner Kuykendall, seconded by Commissioner Campbell - Sudduth to approve the minutes of the August 13, 2009 meeting as submitted. The motion passed unanimously. Commissioner Young abstained since she was not present at the meeting ADJOURNMENT • There was a motion by Commissioner Young, seconded by Commissioner Kuykendall, to adjourn the 2009 Planning Commission. The motion passed unanimously. The meeting adjourned at 7:10 p.m. ADMINISTER OATH OF OFFICE Mr. Eitel administered the Oath of Office to Joann Campbell- Sudduth. CALL TO ORDER: 2010 PLANNING COMMISSION The 2010 Planning Commission was called to order by Acting Chair Rahn at 7:12 p.m. ROLL CALL 2010 PLANNING COMMISSION Acting Chair Sean Rahn, Commissioners Joann Campbell- Sudduth, Kara Kuykendall and Della Young were present. Also present were Director of Business and Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Commissioners Stan Leino and Carlos Morgan were absent and excused. Commissioner Michael Parks was absent and unexcused. ELECTION OF 2010 CHAIR AND CHAIR PRO TEM There was a motion by Commissioner Kara Kuykendall, seconded by Commissioner Campbell - Sudduth to table elections of the 2010 Chair and Chair Pro Tern until a full Commission is in attendance. i Page 1 1 -14 -2010 CHAIR'S EXPLANATION • Acting Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2010 -001 JOE LOGAN FOR ALLELUIA SANCTUARY CHURCH, Acting Chair Rahn introduced Application No. 2010 -001, a request for Special Use Permit approval to allow a church use in a PUD/I -1 zone at 6870 Shingle Creek Parkway. The proposed use is an allowable use in the I -1 zoning district through the special use permit process. Mr. Eitel presented the staff report describing the following: • The location of the property and surrounding uses. • The initial construction of Palmer Lake Plaza in 1978, as a spec 139,000 sq. ft. industrial project with 3 components: 39,000 sq. ft. of warehouse area, 52,000 sq. ft. of two story office, and a 48,000 sq. ft. service center. • The rezoning of this property to PUD/I -1 as part of the platting and development of the Holiday Stationstore Commissary in 2005. • The proposed conversion of 2,915 sq. ft of warehouse area within the service center • portion for a religious assembly use with 65 seats. • That more than 80% of this service center is currently used by non - industrial uses (Brown Institute and Brooklyn Center Area Learning Center). • The size of the use and off peak hours of operation (Friday 7:00 pm — 10:00 pm and Sundays 10:00 am to 2:00 pm) enables the applicant to satisfactorily address the special use criteria and findings necessary for the i9suance of a Special Use Permit. PUBLIC HEARING — APPLICATION NO. 2010 -001 There was a motion by Commissioner Kuykendall, seconded by Commissioner Young, to open the public hearing on Application No. 2010 -001, at 7:28 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. Dennis Batty, 22770 Imperial Avenue North, Forest Lake, Minnesota, Architect for the applicant, introduced himself to the Commission and stated that he feels the application is straight forward and the impact on the area will be minimal since they will be using the building at off peak times. Chair Rahn asked the applicant if the hours of assembly would potentially change in the future. The applicant, Mr. Joe Logan, 10328 Orchard Trail North, Brooklyn Park, Minnesota stated • Page 2 1 -14 -2010 there are no immediate plans to increase the hours stated in the report. He added that there is a • possibility of that in the future. - Chair Rahn inquired if the Church was planning to hold weddings and funerals at this location. Pastor Logan indicated that they presently use other facilities for these activities and have no plans to change at this time. Commissioner Young asked if the hours of operation change, would it warrant a return review by the Planning Commission. There was a brief discussion with staff on a substantial change in use (an expansion), a significant change in operation (an intensification), and the proposal that was submitted by the applicant and what may be considered incidental modification to the application. Mr. Eitel referenced that the standard condition included that any expansion or major alteration to the use would require further review by the Planning Commission regarding the criteria and findings necessary for the issuance of a Special Use. Commissioner Sudduth asked if their plan is to stay in the area permanently. Mr. Logan stated that they have a plan to use the space for five years and would like to grow within the community. No persons from the public appeared before the Commission during the public hearing on Application No. 2010 -001. CLOSE PUBLIC HEARING There was a motion by Commissioner Young, seconded by Commissioner Campbell- Sudduth, to close the public hearing on Application No. 2010 -001, at 7:35 p.m. The motion passed unanimously. The Acting Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2010 -001 JOE LOGAN FOR ALLELUIA SANCTUARY CHURCH There was a motion by Commissioner Young, seconded by Commissioner Campbell- Sudduth, to recommend to the City Council that it approve Application No. 2010 -001, submitted by Joe Logan for Alleluia Sanctuary Church subject to the following conditions: 1. The special use permit is issued for a place of religious assembly and associated uses at this location. No other uses, not comprehended by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. 2. This special use permit is subject to all applicable codes, ordinances and regulations. • Any violation, thereof, may be grounds for revocation. Page 3 1 -14 -2010 3. Tenant improvement plans are subject to review and approval by the Building Official • with respect to applicable codes through the building permit process. 4. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. Voting in favor: Acting Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall and Young. The motion passed unanimously. The Council will consider this application at its January 25 2010 meeting. The applicant must PP Y � g PP be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS — UPDATE ON THE 2030 COMPREHENSIVE PLAN Mr. Eitel informed the Planning Commission that the Comprehensive was approved by the Met Council on December 9, 2009 and submitted back to the City for adoption. After some minor changes are made as requested by Met Council, the document will go back to the Planning Commission for review and then forwarded to the City Council for adoption. Mr. Eitel further explained various key points addressed in the Comprehensive Plan and how the City proposes to proceed forward with the vision outlined in the Comprehensive Plan. DISCUSSION ITEM There was no other discussion item. ADJOURNMENT There was a motion by Commissioner Young, seconded by Commissioner Campbell- Sudduth, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:20 p.m. Chair Recorded and transcribed by: Rebecca Crass • Page 4 1 -14 -2010 City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager • FROM: Sharon Knutson, City Clerk DATE: January 20, 2010 SUBJECT: Mayoral Appointment — Northwest Suburbs Cable Communications Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Alan Hancock to the Northwest Suburbs Cable Communications Commission. Background: The Northwest Suburbs Cable Communications Commission (NWSCCC) is a municipal joint - powers commission formed to create a cable television service territory large enough to support a state -of -the -art cable television system. The Northwest Suburbs Cable Communications Commission negotiates, adopts and enforces cable franchise agreements with cable television providers in the northwest suburbs of Minneapolis, Minnesota. The commission is comprised of and serves the nine suburbs of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth, and Robbinsdale. The governing board is made up of two representatives of each city, one of which is a representative of the City Council and the other a resident of the city, both appointed by the City Council. Commission members are appointed for a one -year term by their respective City Council. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's • web site and aired on Cable Channel 16 from September 15, 2009, until January 11, 2010. Announcement was made in the Brooklyn Center Sun -Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members on January 15, 2010. Attached for City Council Members only is a copy of the application received: Allan Hancock 5520 Fremont Ave N A letter was sent to the applicant notifying him that his application for appointment would be considered at the January 25, 2010, City Council meeting. Budget Issues: There are no budget issues to consider. City of Brooklyn Center A Millennium Community • Volunteer Opportunity Brooklyn Center Representative for Northwest Suburbs Cable Communications Commission The City of Brooklyn Center is looking for a Brooklyn Center resident who has an interest in cable communications and would be willing to serve as a municipal representative to the Northwest Suburbs Cable Communications Commission. The Northwest Suburbs Cable Communications Commission (NWSCCC) is a municipal joint - powers commission formed to create a cable television service territory large enough to support a state -of -the -art cable television system. The Northwest Suburbs Cable Communications Commission negotiates, adopts and enforces cable franchise agreements with cable television providers in the northwest suburbs of Minneapolis, Minnesota. The commission is comprised of and serves the nine suburbs of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth, and Robbinsdale. The governing board is made up of two representatives of each city, one of which is a representative of the City Council and the other a resident of the city, both appointed by the City Council. Commission members are appointed for a one -year term by their respective City Council. Meetings are held the third Thursday of the month at 7:30 a.m. at 6900 Winnetka Avenue North in Brooklyn Park. Appointment to the Northwest Suburbs Cable Communications Commission will be made by the Brooklyn Center City Council. Interested persons can obtain an application packet at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or visit the City's website at www.citvofbrooklvncenter -ora. or call City Clerk Sharon Knutson at 763 -569 -3306. Final appointment will be made by the Mayor and City Council. [Posted at Brooklyn Center City Hall and Community Center September 15, 2009] [Published in the Brooklvn Center Sun -Post September 24, 2009] 6301 Shingle Creek Parkway Recreation and Community Center Phone & T DD 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 City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM • TO: Curt Boganey, City Manager Sharon Knutson City y Clerk DATE: January 19, 2010 SUBJECT: Provisional Rental Dwelling License — 5301 Dupont Avenue North Recommendation: It is recommended that the City Council approve the six -month provisional rental dwelling license application and mitigation plan for 5301 Dupont Avenue North. Background: • At its July 27, 2009, meeting the City Council approved Spencer Ung's six -month provisional rental dwelling license application and mitigation plan for the six -unit apartment complex located at 5301 Dupont Avenue North (the mitigation plan and minutes are included for your reference). • The six -month provisional rental dwelling license will expire January 27, 2010. • Mr. Ung has submitted another six -month provisional rental dwelling license application for consideration, as the calls for service per unit for the 12 -month period are still at 1.67. If there are no further calls for service, Mr. Ung will be eligible for a regular license after • this six -month provisional license. • Attached is a memorandum from Chief Bechthold, which recommends approval of the six -month provisional license and outlines Mr. Ung's progress with the mitigation plan. Budget Issues: There are no budget issues to consider. COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: January 15, 2010 Subject: Provisional License for 5301 Dupont Avenue North -Six Month Review Recommendation: It is recommended that Council approve the provisional rental license for the property located at 5301 Dupont Avenue North. Background: On May 5, 2009, the Brooklyn Center Police department received a mitigation plan from the owner of 5301 Dupont Avenue North. This plan follows all the recommendations provided by the police, and was approved by the City Council on July 27, 2009. The owner has already completed the first of three phases of the Crime Free Multi- housing program on May 2, 2009. This training addresses tenant screening with a focus on keeping • illegal activity out of rental properties. Since March 21, 2009, there have been only two nuisance calls to this property. In both cases, the owner Spencer Ung was immediate with addressing the issue with the tenant and their guest who had caused both calls. The police department does believe Mr. Ung monitors this property as provided in the mitigation plan for this provisional license. The only remaining condition is the completion of Phase 2 and Phase 3 of the Crime Free Multi- housing program. In addition, Mr. Ung will be required to complete the physical changes recommended by Crime Prevention Specialist Becky Boie by July 1, 2010. Since Mr. Ung is on track with the mitigation plan, the police department recommends that Council approve the provisional rental license for 5301 Dupont Avenue North. Budget Issues: None. • 5301 Dupont Av N 12 -913 Nuisance Calls for Service 1/01/09 to 1/01/10 1. 2/12/2009 8:08:14 PM, FIGHT L BC090431173, 5301 DUPONT AV N 2. 2/16/2009 8:45:00 PM, ROBBERY L BC09- 000853, 5301 DUPONT AV N #1 3. 2/24/2009 4:14:28 PM, BURGLARY L BC09- 000994, 5301 DUPONT AV N #4 4. 2/24/2009 7:24:20 PM, DISTURBANCE L BC090551041, 5301 DUPONT AV N #1 5. 2/25/2009 11:56:53 PM, AGG ASSAULT • L BC09- 001018, 5301 DUPONT AV N #1 6. 3/4/2009 4:58:20 PM, CONT SUBST L BC09- 001155, 5301 DUPONT AV N #1 7. 3/21/2009 10:01:02 PM, THEFT L BC09- 001485, 5301 DUPONT AV N 8. 9/15/2009 4:35:11 PM, FIGHT L 092580988, 5301 DUPONT AVE N #3 9. 9/28/2009 7:37:20 AM, CRIMINAL DAMAGE PROPERTY L BC09- 005451, 5301 DUPONT AV N #3 • City of Brooklyn Center Date of Application 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 t �� Phone: 763- 569 -3300 Fax: 763- 569 -3494 • Six -Month Provisional Rental Dwelling License Application Six-Month, Provisional .... visional Rental Incense Fees: 1 S'1 , SD Multi Familv _.. Bldgs Units Multiple Familhr. $11150/building plus $7.50/unit Pursuant to Section 12-913 of the City Ordinances, a licensed multiple dwelling, with five or more units, that has generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period as described in the ordinance is eligible only for a provisional license. Properties with a provisional license may qualify for a regular license only after a one -year period with fewer than .65 police or fire calls per dwelling unit. The applicant acknowledges that the rental property for which the applicant is applying for a provisional license has generated calls for service that exceed .65 per unit. Complete Name, Address, Telephone Number, and Birthdate of Each Owner. Name: j�L N y fb t°iCjt-rt,,Q fie! Last First Middle Address: 6 of i G P Street 6k' C a 1e—z— y v Pe;e 1c , f'19 y✓ S SG 3 a 7-in Code ll Phone No. C Ce No. (,1 Z S3Sta�te - 7 1 W/ b i)ate of Birth_ • Address(es) of Dwelling(s): S 3 b 1 D W N F #VI- tj 5 if 3 a Name of Dwelling or Complex: L 4 ��'' �i' "�� L 07 The undersigned hereby applies for a provisional rental dwelling license and acknowledges receipt of a copy of City Ordinance Section 12 -913 and acknowledges the provisions of the Building Maintenance and Occupancy Ordinance have been reviewed. 1, S P£"AE'X 0 (-1 being first duly sworn, upon his/her oath deposes and says that he/she is the person who has executed the foregoing application and that the statements made herein are true of his/her own knowledge and belief. Notarized Signature of Owner Subscribed and sworn to fore me this day o tV -44,4- 20 /D Co F, - &� K. FINBERG No + � ,. � , Public Si atur t G(,4 �2 Gc �-�� L ek f My Commission E j4gWr &ublic- Minnesota �"aJ gn my 40mm.s5ton Expires Jan 31, 2010 Vyyh/M/tititi. �ne`.n ^- �, ^.r4n1.I'- +1MM�WV City Use Only: Check No. Ref No. $ Account No. 4205 Provisional License Fee Date Rec: k ' 7 — a1 ( O License Expiration Date Calls for Service No. City Council Meeting Date Notice Received/City Manager by Mitigation Plan Received Section 12 -913. PROVISIONAL LICENSES. 1. Licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period as specified below are eligible only for provisional licenses. Properties with provisional licenses may qualify for a regular license only after a one year period with fewer than .65 police or fire calls per dwelling unit. a. Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events, all of which are hereby declared to constitute a nuisance or other disorderly conduct: (i) calls or events listed in Section 12 -911; (ii) calls or events categorized as part one crimes in the Uniform Crime Reporting System, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson; (iii) calls or events categorized by the police department as one of the following: a) Firearms (Minn Stat. 609.66 609.67) • b) Weapons /dangerous weapons (Minn Stat. 609.02 subd.6 & 609.66) City Ordinance 19 -402 C) Drug paraphernalia (Minn Stat. 152.092) d) Loud persons — City Ordinance 19 -1201 e) Gambling (Minn Stat. 609.755 & 609.76) f) Loud parties — City Ordinance 19 -1201 g) Prostitution (Minn Stat. 609.321) h) Noise — cars /dogs City Ordinance 1 -110- homvs/radios — City Ordinance 19- 1201,02,03 i) Fights — City Ordinance 19 -203 j) Drugs /narcotics and/or narcotic precursors (Minn Stat. 152.01) k) Allowing curfew /status offenses /underage drinking — City Ordinance 19- 301,19 -304 1) Disorderly conduct (Minn Stat. 609.72) m) Property damage —City Ordinance 19 -211 n) Assaults 5th degree non - domestic — City Ordinance 19 -204 o) Public disturbance — City Ordinance 19 -202 p) Fire alarms — City Ordinance 5 -112 q) Interference with a peace officer (Minn Stat. 609.50) • City of Brooklyn Center 12 -24 City Ordinance r) Unlawful assembly (Minn Stat. 609.705) City Ordinance 19 -1105 • S) Presence at unlawful assembly (Minn Stat. 609.175) t) Terrorist threats (Minn Stat. 609.713) u) Loitering — City Ordinance 19 -201 (iv) The City Manager may determine that multiple incidents shall be counted as a single call in appropriate cases. b. Calls will not be counted for purposes of dete whether a provisional license is required where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). C. The period of time used to determine whether a provisional license is required is the twelve (12) month period ending two months before the six -month review period described in section 12- 901(2). d. The City will provide by mail to each licensee a monthly report of calls described in paragraph (1) (a) above. 2. The applicant for 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 described in paragraph (1) (a) to a level that qualifies for a regular license. The mitigation plan may include such steps as: changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, and security personnel. 3. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire calls and the expected effectiveness of measures identified in the plan to reduce the number of police and fire calls. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire calls. • City of Brooklyn Center 12 -25 City Ordinance 4. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Section 12 -914. TENANT BACKGROUND CHECKS. I . All licensees will conduct criminal background checks on all prospective tenants. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years; the check must be done "in person" or by utilizing the most recent update of the state criminal history files; (b) A statewide criminal history check from the prospective tenant's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any prospective tenant in their previous states of residence covering the last three years if they have not resided in Minnesota for three years or longer; (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin City area covering at least the last three • years including all misdemeanor, gross misdemeanor, and felony convictions. (e) Licensees will retain criminal history check information for at least one year after the date of the check or, if the subject of the check becomes a tenant of the licensed premises, one year after the subject of the check has ceased to be a tenant. Such information shall be available for inspection upon demand by the City Manager or the City Manager's designee, during normal business hours. City of Brooklyn Center 12 -26 City Ordinance Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -92 Expressing Appreciation for the Donation of the Brooklyn Center Cub Foods Store in Support of the 2009 Earle Brown Days Festival. Motion passed unanimously. 8. PUBLIC HEARING None. 9. PLANNING COMMISSION ITEMS —None. 10. COUNCIL CONSIDERATION ITEMS 10a. PROVISIONAL RENTAL DWELLING LICENSE — 5301 DUPONT AVENUE NORTH Mr. Boganey introduced the item and discussed the history. Councilmember Yelich moved and Councilmember Lasman seconded to approve a six -month provisional rental dwelling license application and mitigation plan for 5301 Dupont Avenue North. Motion passed unanimously. • 10b. RESOLUTION NO. 2009 -93 ACCEPTING A DONATION OF LAND (PALMER LAKE PARK — MARGARET DITTER PARCEL) Mr. Boganey introduced the item, discussed the history, and explained the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-93 Accepting a Donation of Land (Palmer Lake Park — Margaret Ditter Parcel). Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on the following: ■ Visit to the Brooklyn Center Farmer's Market, Sunday morning, at the Brookdale Mall, encouraged residents to take advantage of this resource, and thanked staff and Paome Yang for coordinating this event. Councilmember Lasman reported on the following: • Encouraged residents to visit the Farmer's Market. • July 21, 2009, North Hennepin Services meeting. C 07/27/0 ` 9 -5- LI G�SY Op BROOKLYN CENTER POLICE DEPARTMENT MN MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Scott Bechthold, Chief of Police DATE: July 22, 2009 SUBJECT: Mitigation Plan for 5301 Dupont Avenue North On May 5, 2009, the Brooklyn Center Police Department received an eight -step mitigation plan from Spencer Ung, the owner of 5301 Dupont Avenue North. The items listed in the mitigation plan were constructed from input provided to him from the police department on May 2, 2009. These eight steps satisfy the requests of the police department and, if followed, should assist in significantly reducing crime involving his tenants. Not listed in the mitigation plan was the actions taken by the owner in evicting the tenant responsible for nearly every nuisance call for service at this property. This eviction was completed over a month before the mitigation plan was submitted, but should also have a notable impact on the reduction of crime at this property. Attached is the Eight -Step Mitigation Plan. I support the mitigation plan as provided and recommend it for approval. Matj 06 .09 09:49p P MMGA PLANS May 5, 2009 City of Brooklyn Center 6301 Shingle Crock Pkwy Brooklyn Center, MN 55430 To Whom It May Concern; Since the violations which occurred in February 2009, Ung Properties, UP has taken the following steps to curb the number of police calls to the property. 1. Management has met with concerning neighborhood and community members t the c:jv mui�iy mee=ting on March 11, 2009 V 2. All reside=nts at the apartment complex were talked to and made aware of current situation and to be aware and look out for suspicious activities. 3. Management has been more careful of screening applicants.. 4. Management has added a resident caretaker. 5. All sliding windows in the lower level units were added anti -slide device as extra security measures against break -ins. 6. Management has successfully completed the Minnesota Crime Free Ilousing Program - Property Manat,-cment Training on May 2, 2009. 7. Management will do a walk through with officer and get input on Crime Prevention Through Environmental Design (CM EDP A. Management will attend future community neighborhood meetings that involve concern of the property. With all th-e extra. precautions ard measurt -N we hope this satisfies the condition for renewal of the regular two year period license. The property has and continues to be actively managed Thank you for your ti me. Sincerely, Spencer U ag ling Properties, l.LP I M1 , ) Y tiC t �� ..� �� t jf' L..��' w�5 #�I tl +l�rr t��+a1� +'` ► 9 1i��{ •+ �rj Broo n Pa ..L vfice k rk Dellaitment PARK -- l - ificate to: Awards this cer-1; Spencer Ung . 1 f T or success comp 1 1 t'4 r Wi C fi me T M Trog Propeny r� Wana gement Training '1 w j / i out of / I / ' Crim"e (Prevention Speciatist Date 4 `�'�Y. ''.�� City Council Agenda Item No. 10c MEMORANDUM TO: Curt Boganey, City Manager FROM: Tom Bublitz, Community Development Specialist THROUGH: Gary Eitel, Business Development Director DATE: January 20, 2010 SUBJECT. Resolution Calling for a Public Hearing on Proposed Use of 2010 Urban Hennepin County Community Development Block Grant Funds Recommendation: Recommend City Council consider adoption of the Resolution Calling For A Public Hearing On Proposed Use Of 2010 Urban Hennepin County Community Development Block Grant Funds. Background: This agenda item provides for a public hearing for the City's annual Community Development Block Grant (CDBG) program. This public hearing is required for participation in the CDBG program. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. On December 16, 2009, President Obama signed into law H.R. 3288, the Consolidated Appropriations Act of 2010. This new Act funds CDBG for the nation at $3.99 billion, up from $3.64 billion from 2009. Hennepin County's 2010 CDBG grant amount will likely not be known until the end of February. Preliminary information indicates the County 2010 CBDG grant may be 7 to 7.5% higher than 2009. The actual percentage increase to cities will vary. Hennepin County has notified the City of Brooklyn Center that the City should use $188,965 as its preliminary estimate for its 2010 CDBG allocation. This is the same amount allocated to the City in 2009. The 2010 estimate of $188,965 will likely increase but the amount will not be known until the end of February. Until such time as the final allocation is known, cities are instructed to use the 2009 allocation amount in required hearing notices. The final increase in the City's CDBG allocation, over and above the $188,965 preliminary allocation, can be allocated administratively by the City Manager as per County direction. 1 The federal authorizing statute for the CDBG program requires that each funded CBDG activity • meet one of the three national objectives: benefiting low income persons, preventing or eliminating slums and/or blight and meeting urgent community needs. The federal statute stipulates that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year must be used for activities benefiting low and/or very low income persons. Each city must meet this requirement at the local level. The City's 2009 CDBG program funded the following five projects, which all met the requirement for benefiting low and/or very low income persons: 1. Rehabilitation of Private Prouertv. This activity provides for rehabilitation and repair of single family homes of low and moderate income households. This activity has been part of the City's CDBG program since inception in the 1970's. The 2009 allocation was $11,030. 2. Household Outside Maintenance for the Elderlv (H.O.M.E.) nroRram. This activity has been part of the CDBG program for 15 years. The H.O.M.E. program's focus is minor home maintenance and repair, including exterior and interior painting and some household chore services, for persons 60 years of age and older. This program has also assisted with clean -up of garbage houses in the City. The 2009 allocation was $15,150. 3. Communitv Emer2encv Assistance Program. Inc. (CEAP) Senior Services • Program. The Senior Services Program provides chore services to seniors and disabled persons at little or no cost and includes services such as lawn mowing, snow shoveling, housekeeping and some interior and exterior maintenance. The Senior Services Program also includes Meals on Wheels. This program has been funded by the City for ten years. The 2009 allocation was $9,285. 4. Neighborhood Revitalization Code Enforcement Activitv This item is for code enforcement activities supporting the goal of arresting the physical decline of certain income qualified areas of the city and focusing on vacant, foreclosed and deteriorated properties. The 2009 allocation was $150,000. 5. HOME Line Tenant Advocacv Services This activity focuses on three programs: a tenant hotline that provides free legal advice to tenants about landlord/tenant laws, a high school educational program, and an immigrant outreach program that provides services to new immigrants. The 2009 allocation was $3,500. ADMINISTRATIVE REOUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation is limited to a 15 percent cap on public service projects. The CEAP, H.O.M.E. and HOME Line programs are categorized as public service projects. Based on the estimated allocation for 2010, continued . funding of these programs at the 2010 preliminary allocation level of $188,965 would mean 2 i that the maximum dollar amount allocated to p ublic service activities could not exceed $28,345 based on the preliminary allocation. PUBLIC HEARING AND HEARING NOTICE A resolution calling for a public hearing for the 2010 CDBG program is included with this memorandum. The required public hearing notice has been prepared and includes an allocation for continued funding of neighborhood service projects at the 15% cap, funding for the code enforcement initiative at $150,000 (the 2010 City budget amount) and the remainder of funding for the City's housing rehabilitation program. The resolution prepared for City Council consideration and included with this memorandum, establishes the date of February 22, 2010 as the public hearing date for the City's 2010 CDBG program. Hennepin County requires that specific dollar amounts be specified in the hearing notice and that the City's 2010 CDBG program must be submitted to Hennepin County by February 23, 2010. The public hearing notice does not commit the City to funding any specific CDBG activity at this time and the CDBG activities and dollar amounts allocated to them, can be revised at the public hearing on February 22, 2010, or at anytime within the 2010 CDBG program year upon conducting a public hearing to amend the City's CDBG program. Additional background information on 2010 CDBG requests for funding, along with staff recommendations, will be submitted with Council packets for the February 22 public hearing. Budget Issues: • Since the Federal fiscal year for CDBG runs from July 2010 to July 2011, the 2010 CDBG program will be reflected in the 2011 Annual City Budget. The programming of the 2010 CDBG funds for code enforcement is consistent with the City's 2010 approved budget. • 3 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2010 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 40 Hennepin County communities which are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its preliminary estimated allocation for the 2010 Urban Hennepin County CDBG Program is $188,965; and WHEREAS, a public hearing regarding the proposed use of 2010 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. A public hearing on the proposed use of 2010 Urban Hennepin County • Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 22, 2010, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2.. Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2010 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 22, 2010. 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. • NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2010 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMENT Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on February 22, 2010, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs and the City's proposed use of the estimated 2010 Urban Hennepin County Community Development Block Grant Program planning allocation of $188,965. In addition, between July 1, 2010 to June 30, 2011, it is estimated that no additional program income from previously funded CDBG activities will be available to the City. The City of Brooklyn Center is proposing to undertake the following activities with 2010 Urban Hennepin County CDBG funds starting on or about July 1, 2010. • Activity Bud Neighborhood Public Service Projects $28,345 Neighborhood Revitalization Code $150,000 Enforcement Activity Rehabilitation of Private Property $10,620 For additional information on the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763 -569 -3300 or the Hennepin County Housing Department at 612 - 348 -9260. The public hearing is being held pursuant to MS 471.59. 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. • i City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM • TO: Curt Boganey, City Manager FROM: Steven Lillehaug, Director of Public Works DATE: January 20, 2010 SUBJECT: Resolution Authorizing Approval of Amendment to Professional Services Agreement with SEH, Inc. for Design Services for the Bass Lake Road Streetscape and Regional Trail Improvements, Project No. 2009 -18 Recommendation: Staff recommends that the City Council approve the attached Resolution Authorizing Approval of Amendment to Professional Services Agreement with SEH, Inc. for Design Services for the Bass Lake Road Streetscape and Regional Trail Improvements, Project No. 2009 -18. Background: On July 13, 2009, City Council authorized execution of a professional services agreement for design services with SEH, Inc. for the Bass Lake Road Streetscape and Regional Trail project. • The project bid letting was held on December 30, 2009, and consideration for the award of the project will be at the January 25, 2010, council meeting. SEH has completed the design obligations in accordance with the agreement upon award of the project. Over the course of this very involved project, some additional design and coordination work occurred and was performed by SEH that was either originally not anticipated and /or omitted. The original contract amount with SEH, Inc. for design services was $270,100, which was the "not to exceed" amount unless amended. Recently, SEH provided a request for additional compensation for extra work pertaining to their design and administration services. In summary, SEH indicated that the comparison with the original budget to actual expended was $270,000 to $390,400, respectively — $120,300 over budget. However, after project review and further negotiations with SEH, they have offered and reduced their requested amount to $66,000. The work performed outside of the originally anticipated work includes additional lighting evaluation pertaining to light pole design and banners; structural items and lead paint test for the existing pedestrian bridge; irrigation plan coordination; pedestrian curb ramp revisions required by Mn/DOT; additional traffic signal revisions; additional trail signing; and additional project coordination due to the Federal funding requirements; and other miscellaneous tasks as described in the attached SEH letter dated January 8, 2010. • Budget Issues: Bass Lake Road Streetscape and Regional Trail Improvements — SEH Agreement Amendment Budget Issues: • The budgeted amount for the project's engineering, administration and legal fees is $720,000. If the amendment is approved, the updated estimated amount would be as follows: Design Services City staff $ 19,000 Other Professional Services $ 29,000 Legal Fees $ 25,000 SEH, Inc (original budget amount) $270,100 SEH, Inc (additional amount) $ 66,000 Subtotal Design $409,100 In- Construction Services In- Construction Services $347,000 Other (City staff, Legal, Admin) $ 30,000 Subtotal In- Construction $377,000 Total En neerin Admin/Le al 786 � � g $ , 100 As indicated, the updated estimated engineering, administration and legal fees is $786,100, an increase of $66,000. However, the recent bid letting provides a significant reduction in the anticipated construction amount by approximately $866,000. With this construction cost savings, the overall total project cost is still anticipated to be within budget if the professional services • amendment with SEH is approved. i Bass Lake Road Streetscape and Regional Trail Improvements — SEH Agreement Amendment i Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH SEH, INC. FOR DESIGN SERVICES FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS, PROJECT NO. 2009 -18 WHEREAS, pursuant to a written Professional Services Agreement signed with the City of Brooklyn Center, Minnesota, SEH, Inc. of St. Paul, Minnesota completed additional design and coordination work for Project 2009 -18; and WHEREAS, said additional work was not included in the original Contract, but was deemed necessary to properly complete the design for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the agreement amendment in the amount of $66,000 is hereby approved. The revised contract amount is as follows: • Original Agreement Amount $ 270,100 Additional Work $ 66,000 Amended Agreement Amount $ 336,100 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Manager is hereby authorized to execute and Amend the Agreement for Professional rvi i h SEH Inc. in the amount of $336 100 for Design Services g Services with g for Improvement Project No. 2009 -18, Bass Lake Road Streetscape and Regional Trail Improvements. January 25, 2010 Mayor Ma Date y 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 January 8, 2010 RE: City of Brooklyn Center Bass Lake Road Streetscape and Regional Trail SEH No. BROCT109139 Steve L. Lillehaug, PE, PTOE Director of Public Works /City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Steve: This letter describes engineering services completed by SEH for the City of Brooklyn Center and their project partners, Hennepin County, Three Rivers Park District and Mn /DOT, for the Bass Lake Road Streetscape and Regional Trait. If acceptable, this letter would serve as justification for an amendment to our original Engineering Services Agreement dated July 13 " 2009. The City of Brooklyn Center and staff should be congratulated on successful completion of the design • phase of this project. SEH was grateful to have the opportunity to provide the City with the additional resources in terms of engineering and specialty design staff that the project required. The preliminary design and final design and plan production included working with a number of project partners and a serious need to obtain right of way. This work was completed within the required time frames needed to secure the federal funding. The work was compressed into 6 months for a project that would in other times and situations could take more than a year to develop, design, identify and secure the necessary right of way approvals. The aesthetic improvements to Bass Lake Road and the added multi -modal facilities provide a valuable asset to the community. In addition, the City has been fortunate to be undertaking this project during this economic climate and is also benefiting from competitive markets and low interest rates. SEH is committed to the success of this project and will continue to work in good faith as we continue to discuss the amendment request. Background The City of Brooklyn Center contracted with SEH for preliminary and final design services for Bass Lake Road (CSAH 10) based on a scope of work that made a number of assumptions and was mutually developed with staff based on the information available at the time. The reliminar and final design of P Y the project began in June 2009. The bid opening was on December 30, 2009 and the project is expected to be awarded at the January 25 council meeting. SEH's work for the project is 100% complete in accordance with the deliverables of the professional services agreement for design services. This request respectively requests additional compensation for the design services phase of the project. As discussed during the design process there are a number of design tasks. design analysis, right of way services and changes beyond our control that were required by the project. Although some of these elements were anticipated in the scope of work, the degree of complexity and unexpected elements of • design and plan preparation requiring more time and effort could not have been anticipated at the time of ` -�h„r, {.Ili„ti i1el;l,'f<.Ic.ot Ini.., iS;S \taJn.m, (cui•i 1)irvc `,i i'.uil,f�ll '',III)'I`lh :f -hf I an , In.il nl,n tunny errinlrry�i vv / \v.�-hi;u.s ?nt WA "Yti /("Wd Steve L. Lillehaug. PE, PTOE • January 5, 2010 Page 2 the original project scope. The following paragraphs describe the work included in this request for contract amendment. The final paragraphs summarize the engineering fees of the overall design project. Summary of Extra Services and Scope Revisions Lighting Design Elements The County required a photometric analysis of the lighting levels that are based on the luminaire, standard height and spacing. SEH completed this for the light standards similar to those on Xerxes and for LED lights. SEH also evaluated banner arms and was asked to make a change to the pole type and specification. SEH landscape architects assisted staff in reviewing other streetscape projects banner treatments, including obtaining photo examples. In addition, but not requiring a significant amount of time, but certainly unexpected, was the numerous contacts and follow up phone calls required by staff to get Xcel energy to approve the height of the lights in the area of the overhead transformers. The total for this work amounted to $4230. Pedestrian Bridge Work We did not anticipate the required testing and the handling of lead in the existing paint. SEH needed to have samples taken and confirmed, thus the requirement for the test and the additional work required for follow up and the additional specification. Associated with the pedestrian bridge and not discovered until design was underway, was the complications that the storm sewer outfall to the creek in the area of the bridge created. The pipes needed to be located specifically, reviewed in the field, worked around throughout the design of the abutment, slope paving and rip rap. Detailed design was required so that the • contractor would rebuild and extend the existing pipes. This work was not identified during the scope development. The total for this work amounted to $5,000. Urban Design Elements The original scope of work included irrigation, but SEH had planned to simply include a performance specification in which the contractor would complete the design as part of the bid. Based upon experience on Xerxes, staff felt that the City would have a better product if the design were included in the plans for bidding. SEH did not provide the design, however, we needed to attend meetings to discuss the irrigation and coordinate the design work into our plans. The work also included significant reformatting of line work received from the irrigation designer to get them to work in our plans, review of the plans and specifications submitted by the irrigation designer. The other major urban design element that came up during the project was Mn/DOT's requirement to have directional ped ramps. At the time, each intersection had ped ramps designed similar to Xerxes. SEH had to redesign, change the plans, and redo the quantities and tabulation associated with all those ped ramps. This work amounted to $7140. Right of Way At the time the original scope of work was put together, the right of way needed to be obtained was still being deternuned. In the manhour task budget, SEH made an assumption regarding the time that the easements and exhibits would require. The largest contributing factor to the amount of time the easement preparation took can be attributed to the unforeseen number of underlying easements. SEH was required to review a large list of existing easements for each parcel and then identify if the existing easement was underlying the area needed for taking. SEH then needed to layout and draft the existing easements. as well as the proposed easements. Finally, we were asked to calculate the area of overlapping easements to determine what the City needed to take. This work could not have been known when we estimated the scope of work. The additional cost attributed to right of way is $8405. Steve L. Lillchaug, PE, 1 .lcuruuu 5, 2010 • Page 3 Water Resource Design Elements Construction of the ped bridge over Shingle Creek required SEH to analyze and prepare a Waterway Study - Hydraulic Letter and develop the information to fill out the risk assessment form and submit to Mn /DOT. This work amounted to $6510. Traffic Signals The signal work on this project was scoped to include a new signal system design at Northway and coordination of countdown timers at the other four intersections. As the project progressed, it became apparent to SEH, as well as the City, that the County had many other desires and needs in the corridor that they wanted to include with the project. Since they were a critical partner in development of the project, and the work benefited the corridor and seemed to make sense from a timing and opportunity standpoint, many additional items were included in the plans. I would be happy to make available the detailed summary from our signal designer, reviewing the items relating to the signal elements of this project. We had estimated a total of 69 hours to complete the originally estimated work. In the end, the signal work actually required 130 hours. This is an extra 61 hours of work that totals $8,820. Traffic Control The original scope of work anticipated much of the design work and plan production being similar to Xerxes. That project did not include a traffic control plan, and one was not anticipated for this project. It became apparent as the project progressed, that it was expected by Hennepin County. Since they were a critical partner is development and approval of the project, SEH developed and prepared an additional 18 plan sheets detailing temporary traffic control. The development and production of these plans totaled • $11,425. Trail Signing In the original scope of work, SEH had understood that Three Rivers Park District would be providing permanent signing for the hail. At the end of the project, they requested that the permanent signing be a part of the contract. SEH added the detail to the plans, took off the quantities, coordinate with TRPD and included the specification in the contract documents. This work totaled $1850. Xerxes Intersection The ped ramps for this intersection were constructed in 2008 along with the Xerxes Avenue improvement. With the new requirement from Mn /DOT regarding directional ped ramps at intersections, and the undesirable alignment of the cross walk at the intersection, it was determined that these should be reconstructed along with this contract. This work required final plans, quantities and various plan sheets to be revised, including storm sewer revisions that we not previously impacted. The rework could not have been anticipated, was not included in the original scope of work and totaled $3670. Coordination with Project Partners The original scope of work anticipated 66 hours for distribution, review and approvals, coordinating the work with Three Rivers Park District, Hennepin County, Mn /DOT and the City. The fast track nature of the project and the ARItA process requirements and follow up required a substantially more amount of time required than ever could have been anticipated. This cost has totaled $8950. In sununary the rcquested anuxnt of work is as follows: Lighting Design Elements $ 4230 • Pedestrian Bridge Work $ 5000 Steve L. Lillehaug. PE, PTOF., • January 5. 2010 j Page 4 Urban Design Elements $ 7140 Right of Way $ 8405 Water Resource Design Elements $ 6510 Traffic Signals $ 8820 Traffic Control $11425 Trail Signing $ 1850 Xerxes Intersection $ 3670 Coordination and Approvals $ 8950 Total $66,000 Summary of Costs Original Budget $270,100 Actual Additional Engineering Fees Incurred to date $120,300 Cost of Development and Design of Project $390,400 Contract Amendment Request Original Budget $270,100 Additional Fees Requested $ 66,000 Total Amendment Request $336,100 • This amendment request amount does not include an additional $54,300 spent by SEH on the project. This is not being charged to the City to account for our staffing decisions, plan revisions and inefficiencies that are our responsibility and because of the value that we place on our relationship with the City of Brooklyn Center and our commitment to completing plans so that the City can realize a successful project Generally, engineering design fees can range from 8 to 10 %, typically in the higher percentages for a federally funded project. The value of the engineering fee with the supplemental services and the original fee represent a total design effort of $336,100 which represents 8.9 percent of the estimated cost of the construction of the project ($3.76 million average bid). This percentage is well within the percentages generally seen and expended for a project of this magnitude, complexity and schedule. Please review this letter request. Please feel free to contact me for more information. I would be happy to meet with you to discuss this in detail at your convenience. Sincerely, SHORT ELLIOTT HENDRICKSON INC. SurMMa on, PE Sanager /Principle cc. Dave Halter, SEH • City Council Agenda Item No. 10e • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: January 20, 2010 SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2009 -18, Bass Lake Road Streetscape and Regional Trail Improvements Recommendation: Staff recommends that the City Council award a contract to Peterson Companies, Inc. for Improvement Project No. 2009 -18, Bass Lake Road Streetscape and Regional Trail Improvements based on the bid results. Background: Bids for the Bass Lake Road Streetscape and Regional Trail Improvements contract were • received and opened on December 30, 2009. The bidding results are tabulated below: Bidder Total Peterson Companies, Inc. ** $3,132,609.36 Veit & Company, Inc. $3,393,762.08 Thomas & Sons Construction $3,436,268.99 Max Steininger, Inc. ** $3,733,561.12 Forest Lake Contracting, Inc. ** $4,056,118.45 Global Specialty Contractors, Inc. ** $4,469,855.25 Enizineer's Estimate $3.850.108.90 ** Results indicated above include minor corrections in the total bid amount due to mathematical error on their bid form. Corrections do not change the order of bids. Of the six (6) bids received, the lowest bid of $3,132,609.36 was submitted by Peterson Companies, Inc. of Chisago City, Minnesota. As indicated in the attached letter from SEH, Inc. dated January 14, 2010, a review of their references and list of subcontractors provided by Peterson Companies, Inc. exhibits that they have the experience, equipment and capacity to qualify as the lowest responsible bidder for the Project. Budget Issues: The engineer's estimate for the construction project was $3,850,108.90 and the lowest bid amount is $3,132,609.36 (18.6% lower). The total estimated project amount including • contingencies and administration /legal /engineering was $5,040,000 and is amended to $4,245,709.36. Bass Lake Road Streetscape and Regional Trail Improvements — Contract Award City of Brooklyn Center adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2009-18, BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2009 -18, bids were received, opened, and tabulated by the City Engineer on the 30 day of December, 2009. Said bids were as follows: Bidder Bid Amount Peterson Companies, Inc. ** $3,132,609.36 Veit & Company, Inc. $3,393,762.08 Thomas & Sons Construction $3,436,268.99 Max Steininger, Inc. ** $3,733,561.12 Forest Lake Contracting, Inc. ** $4,056,118.45 Global Specialty Contractors, Inc. ** $4,469,855.25 ** Results indicated above include minor corrections in the total bid amount due to • mathematical errors on their bid form. Corrections do not change the order of bids. WHEREAS, Peterson Companies, Inc. has the qualifications to be designated the lowest responsible bidder for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized to enter into a contract with Peterson Companies, Inc. of Chisago City, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2009 -18, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. • I i • RESOLUTION NO. 2. The estimated project costs and revenues are as follows: Estimated As Amended COSTS Amount per Low Bid Contract $ 3,999,000 $ 3,132,609.36 Signal Controller /Equip $ 25,000 $ 25,000.00 Xcel Energy (OH to UG) $ 35,000 $ 35,000.00 Easements $ 21,000 $ 27,000.00 Contingency (5 %) $ 240,000 $ 240,000.00 Admin/Enizineerine/Leizal (18 %) $ 720.000 $ 786,100.00 Total Project Cost $ 5,040,000 $ 4,245,709.36 Estimated As Amended REVENUES Amount Der Low Bid ARRA $ 2,000,000 $ 2,000,000.00 • Hennepin County $ 798,500 $ 489,401.97 Three Rivers Park District $ 434,000 $ 312,960.98 Citv Sources $ 1.807,500 $ 1,443.346.41 Total Estimated Revenue $ 5,040,000 $ 4,245,709.36 January 25, 2010 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. • rte" • SEH January 14, 2010 RE: City of Brooklyn Centel- Bass Lake Road (CSAI -I 10) Streetscape & Regional Trail SEH No. BROCT 109139 Mr. Steve Lillehaug City Engineer City of Brooklyn Centel 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Lillehaug: At 10:00 am on Wednesday, December 30, 2009, six (6) bids were received for the above referenced project. The bids ranged from a high of $4,469,855.25 to a low of $3,132,609.36. The low bid was submitted by Peterson Companies inc of Chisago City, Minnesota. Contractor Total Bid 1 Peterson Companies Inc $ 3,132,609.36 2 Veit & Company Inc $ 3,393,762.08 • 3 Thomas & Sons Construction Inc $ 3,436,268.99 4 Max Steininger Inc $ 3,733,561.12 5 Forest Lake Contracting Inc $ 4,056,118.45 " 6 Global Specialty Contractors Inc $ 4,469,855.25 '# Engineer's Estimate $ 3,850,108,90 Indicates adjusted total from submitted Bid Form The low bid received was Submitted by Peterson Companies Inc. of Chisago City, Minnesota, in the amount of $3,132,609.36. We have investigated the qualifications of' Peterson Companies Inc and find that 1) they have it sufficient understanding of The project and equipment to perform the construction for which it bid; 2) according to their bonding agent they presently have the financial ability to complete the project bid; and 3) all their references have given them a positive recommendation. We have also investigated the qualifications of the subcontractors that Peterson Companies Inc. intends to use on the project. Generally, the list of subcontractors is acceptable. However, Action Fence, their fence subcontractor and Premier Electric, the signal subcontractor meet the minimum requirements and may require additional oversight, field inspections, and shop drawing review time. SEH makes no representation or warranty as to the actual financial viability of the Contractor or its ability to complete its work. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St Paul, MN 55110 -5196 SEH is an equal opportunity employer i www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax January 14, 2010 . • Page 2 Accordingly, we recommend the project be awarded to Peterson Companies Inc. in the amount of $3,1 32,609.36. Sincerely, Justin M. Gese, PE Project Manager S: \Al•1C1f:NiscNi5P 11N1111iJJing Dmintcnls\Award Rcc Wicr.Jnc • • City Council Agenda Item No. lOf • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehau g , Director of Public Works DATE: January 20, 2010 SUBJECT: Resolution Accepting a Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2010 -01, 02, 03, and 04, Dupont Area Neighborhood Street, Storm Drainage and Utility Improvements Recommendation: Staff recommends that the City Council approve the attached resolution accepting the project feasibility report, and calling for a public hearing on February 22, 2010, to consider approval of the Dupont Area Neighborhood Street, Storm Drainage and Utility Improvement project. If approved by the City Council, legal notice would be published, and all property owners who could potentially be assessed for improvements would receive a Notice of Public Hearing via certified mail. Background: • On August 24, 2009, the City Council established the Dupont Area Neighborhood Street, Storm Drainage and Utility Improvements project by Resolution 2009 -100. This action was taken in accordance with the Capital Improvement Program, which identifies the Dupont residential area for street and utility reconstruction during the 2010 construction season. The attached feasibility report provides a summary of the project evaluation process and preliminary layout of street and utility improvements. The report also includes the results of a resident questionnaire that was mailed to all property owners within the project area. A public information meeting was conducted on January 13, 2010, to provide project information to residents within the project area and gain additional input from the public. The informational meeting was generally positive in nature with the majority of questions and concerns relating to design details, special assessments and project schedule. Budget Issues: The project c i to be 3 459 000. Funding sources for the project are proposed p of t ost s estimated $ g P J p p from a variety of sources as described in the feasibility report. • Feasibility Report 2010 Dupont Area Improvements its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2010-01,02,03 AND 04, DUPONT AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2009 -100 directed the preparation of a feasibility report regarding proposed improvements to the streets, storm drainage system and public utilities in the Dupont area neighborhood; and WHEREAS, the City Engineer has prepared said report and recommends that the proposed improvements be considered; and WHEREAS, a portion of the cost of street and storm drainage improvements for said project is proposed to be assessed against properties within the project area; and WHEREAS, the project cost is estimated to be $3,459,000 and the project funding sources are currently estimated to be: • Special Assessments $ 648,536 Sanitary Sewer Utility $ 462,000 Water Utility $ 346,000 Storm Drainage Utility $ 749,644 Street Light Utility $ 37,000 MSA Fund $1,215,820 Total $3,459,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Engineer's Feasibility Report for the Dupont Area Neighborhood Street, Storm Drainage and Utility Improvements is received and accepted. 2. A hearing shall be held on the 22 day of February, 2010, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. • RESOLUTION NO. 3. The City Clerk is directed to cause a notice of the hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. January 25, 2010 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. • Public Works Dept � of Engineering Division BROOKLYN Phone: 763 - 569 -3340 CENTER FAX: 763 -561 -0955 FEASIBILITY REPORT FOR DUPONT A VENUE STREET AND UTILITYIMPROVEMENTS IMPROVEMENT PROJECT NOS. 2010 -01, -02, -03 and -04 CITY OF BROOKLYN CENTER, MINNESOTA January 20, 2010 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota Steven L. Lillehaug, P.E. Reg. No. 41866 January 20, 2010 Feasibility Report 2010 Dupont Avenue Neighborhood Improvements Page I I. BACKGROUND In 2010, the City of Brooklyn Center will be entering the 17 year of its long -range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. This program has consisted of a systematic rehabilitation and/or replacement of the City's aging streets, water main, sanitary sewer, storm sewers, sidewalks and street lights. The City's Capital Improvement Program identifies portions of Dupont Avenue for reconstruction in 2010. The proposed project includes roadway and utility improvements along Dupont Avenue from 57 Avenue to 73` Avenue (see Figure 1). This report was prepared in response to City Council Resolution No. 2009 -100 dated August 24, 2009, directing staff to prepare a feasibility report and collect public input for the proposed project. Staff conducted a public informational meeting with residents and property owners located within the project area on January 13, 2010. A resident questionnaire was also distributed as part of the project evaluation process. A summary of resident comments is provided in Appendix A. The 2010 project area consists of approximately 1.9 miles of streets and utilities. The project area consists of approximately 169 properties including the Evergreen Elementary School and Brooklyn Center High School properties, 3 parcels owned by private utility companies, and City park property. II. STREET IMPROVEMENTS A. EXISTING CONDITIONS Dupont Avenue exists as a two -lane, collector roadway that functions for both local access and regional mobility. It is designated as a Municipal State Aid (MSA) route between 57 and 73` Avenues with traffic volumes on Dupont Avenue ranging from 2,350 vehicles per day just north of 57 Avenue, 4,000 at 65 Avenue and 1,600 south of 73` Avenue. Dupont Avenue was most recently improved between 1961 and 1969 resulting in the existing street p Y p g g pavement being in service for more than 40 wa ears. The road south of 67 Avenue exists with concrete Y Y curb and gutter and is 44 -feet wide with concrete sidewalks on both sides of the roadway. The curb, gutter and sidewalk are in fair condition with notable locations where settlement/heaving and concrete cracking has occurred. North of 67 th Avenue the roadway xists without curb and utter, is approximately 30 -feet Y g � pp Y wide and is relatively flat with poor drainage. Concrete sidewalk exists only along the east side of Dupont Avenue in this area and is in fair condition. The roadway's bituminous asphalt pavement has aged and is showing significant fatigue and distress. In the locations without curb and gutter, the pavement has deteriorated even more significantly including edge of roadway erosion issues. The typical service life for bituminous pavement is approximately 30 years. Generally, it is no longer cost - effective to routinely maintain these streets with seal coating or thin overlay procedures. Complete reconstruction is warranted. A geotechnical investigation was performed within the project area to obtain and analyze soil samples below the street pavement. Soil borings primarily indicate good soils containing sand and gravel to depths of 10 feet or more below the pavement surface. Groundwater was noted at depths of 6 to 10 feet below the pavement surface in several areas. Feasibility Report 2010 Dupont Avenue Neighborhood Improvements Page 2 t iz . • . . .......... ........... .. ....7..7..7..x..•. . .. .. ....:..... :..:.....1::1:::.. ........... ........... ...... . . ........ W 4AV ................... .......... . ........... ........... ............. ------- CL ......... « ............... ............... . T'l ....... . ..... . ......... ... ........... ............. . ... ........................... .. ........... -T ............ T"T' ............. i i i L77 B. PROPOSED STREET IMPROVEMENTS Street Imnrovements Based on the age and condition of the existing bituminous asphalt pavement surface, complete replacement of the street surface is warranted for the entire length of Dupont Avenue. South of 67 Avenue, the existing concrete curb and gutter has not exceeded its life expectancy and can be suitably rehabilitated with spot repairs. Approximately 25 percent of the curb and gutter is estimated to be replaced within the south section due to heaving /settling issues and impacts by other construction (e.g. storm sewer replacement). The roadway subgrade consists of good soils and is planned to be reclaimed (recycled) in place to be reused as the new aggregate base for the proposed street section. The existing roadway width will be maintained at 44- feet. Sidewalk and concrete driveway aprons throughout the south segment will be rehabilitated and replaced as necessary due to heaving/settling issues and impacts by other construction. See Appendix B, Roadway Construction Plan Figure for proposed roadway improvements. h North of 67 t Avenue good sub grade soils exist and the roadway is likewise planned to be reclaimed. �g g Y p However, the north segment will be fully reconstructed with new concrete curb and gutter. Concrete curb and gutter will assist in conveying storm water runoff to storm sewer catch basins. The improved drainage benefits derived from the installation of curb and gutter will significantly extend the service life of the new pavement. The existing street grades will also be designed to provide improved drainage to the storm sewer system. The proposed street reconstruction does not include substantial changes to the roadway width, alignment or elevation. The roadway width for the north section is proposed to be 32 -feet wide to meet the required MSA standards. This width is needed to meet a required two -lane width of 26 -feet plus an additional 6 -feet requirement to allow parking on one -side of the street (see Appendix B, Typical Section Figure). To accommodate parking on both sides of the street, a width of 38 -feet would be required. However, due to significant boulevard impacts and additional elements such as retaining walls that would be needed to accommodate this wider width, the narrower 32 -feet wide roadway is proposed that better matches the existing width of 30 -feet. Parking is already partially restricted adjacent to the Evergreen Elementary School along the east side of Dupont Avenue and is likewise being proposed to be restricted from 67 Avenue to 73` Avenue under the proposed roadway configuration. Other improvements within the north segment include the installation of concrete driveway aprons, replacement of trees that are impacted, replacement of landscaping elements and irrigation systems that are impacted and deficient segments of sidewalk are proposed to be repaired as warranted or impacted. Traffic Calming The proposed street design is sufficient to accommodate the current traffic levels. Significant changes in local traffic patterns are not anticipated as a result of the proposed reconstruction of the roadway. However, it has been documented through traffic studies performed by the City that a slight speeding issue exists throughout the Dupont Avenue corridor. In an effort to calm traffic and provide a safer environment for pedestrians and the traveling public while maintaining a good balance with thru - traffic mobility, "neckdowns" are ro osed to be constructed at certain intersections see Appendix B, Neckdown "Choker P P ( PP Detail" Figure and Appendix D, Neckdowns Figure). Installation of neckdowns provides several benefits including reduced pedestrian crossing distance, possible reduced vehicle speeds and improved aesthetics if landscaping is incorporated into the design. Final design measures include detailed evaluation and design of the intersections to ensure adequate turning movements are designed for buses and trucks to maintain intersection safety. Another element that will be implemented to help calm traffic includes narrowing the thru lanes by use of Feasibility Report 2010 Dupont Avenue Neighborhood Improvements Page 4 pavement striping. Although pavement striping currently exists and would be typically reinstalled with this . project, the striping will be installed to a narrower thru lane width. Currently, the thru lanes are approximately 14 -feet wide. The proposed width of the thru lanes will be 11 -feet, which is the minimum allowable in accordance with MSA standards. Combined with the neckdowns, the "lane narrowing" may result in modest reduced speeds through the corridor. See Appendix D, Pavement Striping Figure for further details pertaining to information about lane narrowings. Streetscave Currently, the boulevards between 57 and 65 Avenues exist as narrow, 2 -feet wide areas that vary in treatments including grass, weeds, dirt, plantings, concrete, asphalt and pavers. Without a lot of attention, typically a narrow boulevard is difficult to maintain adequately, which is very evident within this corridor. In an effort to improve aesthetics and reduce maintenance efforts required for this area, the narrow boulevard areas are proposed to be paved. In an additional effort to meet the watershed treatment requirements, proposed pavement is currently being evaluated including options of installing porous asphalt, porous concrete or porous pavers. These options will further be evaluated and determined during the final design of the project. Additional aesthetic improvement efforts within the corridor include landscaping the proposed neckdown areas that may include rain gardens as feasible. These landscaping elements will lend to breaking up the long, straight stretches of roadway, sidewalk and paved boulevards. Trees will also be planted in accordance with the reforestation program as feasible throughout the corridor. III. STREET LIGHTING SYSTEM 0 A. EXISTING CONDITIONS The neighborhood improvement program has historically included the replacement of free standing street lights located within the neighborhood. "Free standing" street lights are defined as lights mounted on poles that do not contain any other overhead utilities attached to them. There are currently six free standing street lights within the project area. These lights consist of older style wood utility poles that have been in service for many years, most likely dating back to the original construction of the neighborhood. The existing free standing street lights have overhead power services with cobra -head type light fixtures. Additionally there are six metal light poles on the bridge between Lilac Avenue and 64 Avenue that the City owns and operates. The City's Street Light Policy states that street lights will be provided at street intersections and at mid - block locations where the distance between intersections exceeds 700 feet. Street lights are currently located at all intersections. The distance between street intersections within the project area does not exceed 700 feet. B. PROPOSED STREET LIGHTING IMPROVEMENTS The recommended street light improvements include replacement of the six existing free standing street lights with fiberglass poles, cut -off type light fixtures and underground power services. Other street lights that are mounted on transmission poles within the neighborhood are not proposed to be modified. Five existing metal street lights located near the bridge along Dupont Avenue over I -94/1 -694 will be repainted. Additionally, during the public informational meeting, a request was received for the need of additional street lighting along Dupont Avenue between Woodbine Avenue and 73` Avenue. Intersection lighting Feasibility Report 2010 Dupont Avenue Neighborhood Improvements Page 5 exists at both intersections; however, staff will be further evaluating this area to ensure adequate, serviceable lighting exists. Any further lighting beyond the immediate intersection lighting falls under "mid- block" street lighting and must be petitioned for b the residents in accordance with City policy. The policy and g g p Y tYP Y p Y . requirements have been forwarded to the resident and will be addressed should the petition be received. IV. STORM DRAINAGE AND TREATMENT SYSTEM A. EXISTING CONDITIONS The project area is located within West Mississippi Watershed Management Commission area and is a direct watershed tributary to the Mississippi River. The existing storm drainage systems within the project area consist of systems of storm sewer pipes installed during the earlyl950s to mid 1960s. These trunk storm sewers eventually discharge to the Mississippi River. South of 69 Avenue, the systems of lateral storm sewer piping are generally well developed within the project area with recently installed underground stormwater treatment facilities that accommodate these flows prior to discharging to the Mississippi River. South of I -94/1 -694, the storm water is conveyed to the grit chambers installed as a part of the Aldrich Neighborhood project in 2009. Storm water that drains to 65 Avenue is conveyed to and treated at the Regal Theater underground stormwater treatment facility that was installed in 2007. Both systems were designed ned to treat these drainage areas and will remove sediment litter and other suspended contaminants prior to discharging directly into the Mississippi River. North of 69 Avenue, a fairly underdeveloped system exists with literally no treatment prior to being conveyed and discharged directly into the Mississippi River. Additionally, several locations have been identified with an insufficient amount of inlet structures to adequately collect and convey runoff from local i streets. • A televising inspection of the existing mainline storm sewer was conducted during the summer of 2009. The existing underground pipe network was found to be in fair to good condition. A moderate amount of debris and sediment has accumulated within the larger diameter trunk storm sewers. Cleaning of these pipe segments will be conducted separately from the proposed project. Throughout the project area, no significant isolated or major flooding issues have been identified. Several comments from area residents were received that indicated a lack of adequate drainage facilities within the neighborhood and were mostly related to standing water along the edge of the street and at driveways. B. PROPOSED DRAINAGE IMPROVEMENTS Minor storm sewer improvements will be made to the existing system where fully developed south of 69 Avenue that include replacing /repairing catch basins and laterals where necessary and replacement of any existing corrugated metal storm n 67 and 73` Avenues the existin g sewer pipe due to corrosion. Between g g pp inlet and conveyance system does not meet the minimum MSA standards that are required to be met. A new storm sewer system will be evaluated and designed for this area during the final plan design stages to replace the existing system (see Appendix B, Storm Sewer Construction Figure). i As part of the redesign of the north section, proposed water quality improvements include installing an underground water treatment structure (grit chamber) that will remove sediment, litter and other suspended contaminants prior to discharging directly into the Mississippi River. Additionally, infiltration basins (rain gardens) will be incorporated throughout the project area within the boulevard areas where adjacent property • Feasibility Report 2010 Dupont Avenue Neighborhood Improvements Page 6 owners volunteer and agree to these gardens. An infiltration basin consists of a relatively small area of • plantings within a constructed depression located behind the street curb. Rainwater is routed to the areas from the street gutter and infiltrates naturally by plants and soils in the garden. This infiltration process removes nutrients and pollutants. By acting as a small detention pond, the rain garden plants and soils also provide a natural way of reducing the amount of runoff water that flows from rooftops, lawns, driveways and streets directly into the storm sewer system. City owned and maintained infiltration basins are also being proposed within the "neckdown" reconfigured areas where feasible. Additionally, as previously discussed, the narrow boulevards between 57 and 65 Avenues are planned to be paved with a porous pavement treatment to help meet the project's water quality requirements. The underground treatment chambers, infiltration basins and porous boulevard pavement/treatments are recommended for this project due to the lack of a practical location for construction of a storm water treatment pond within the project area. V. SANITARY SEWER SYSTEM A. EXISTING CONDITIONS The existing sanitary sewer collection system within the project area consists primarily of 8 -inch diameter vitrified clay pipe sewer mains. A majority of the sanitary sewer system was installed between 1961 and 1967. Due to the age and materials used in the original construction of the sanitary sewer, portions of the sanitary sewer mains within the project area are subjected to frequent issues with root intrusion and grease buildup. Public Works crews must perform root sawing and jetting on an annual basis to maintain the system conveyance capacity and avoid sewer back -ups in several locations along Dupont Avenue (see Figure 3). • During the project planning phase, all public sanitary sewer pipes were inspected with remote televising equipment. These inspections confirmed that a portion of the sanitary sewer has moderate to severe issues with sags and root intrusion along pipe joints and services. Surveys received from residents also indicate some occurrences of sewer service line blockage that are often attributed to root penetration of the service pipe joints and connection points. Figure 2 illustrates a typical section of sewer pipe with moderate root intrusion problems. The project contains isolated segments of sanitary sewer that are in likewise or worse condition. The sanitary sewer system south of 67 Avenue is in relatively good condition and has not required extensive maintenance in recent years. Although City crews do perform root sawing and cleaning in this area, the sewer pipe is in good condition with minimal root intrusion observed. However, the sewer line in a few isolated locations between 65 Avenue and I -94/I -694 has developed a few sags and cracked pipe sections that need to be repaired. The sanitary sewer from 67 Avenue to 73` Avenue is in poor condition with multiple sags and significant maintenance issues. I � Feasibility Report 2010 Dupont Avenue Neighborhood Improvements Page 7 Fi ure 2. Sanitar Sewer Line, Du ont Avenue — Tree Root Intrusion i I B. SANITARY SEWER IMPROVEMENTS Complete replacement of the sanitary sewer trunk lines within the project area north of 67 Avenue is • proposed due to severe root intrusion and sags (see Appendix B, Sanitary Sewer Construction Figure). In accordance with past City construction practice, individual service lines between the sewer main and the property line will also be replaced within the full reconstruction area north of 67 Avenue. Between 65 Avenue and I -94/I -694, isolated repairs are proposed in certain locations to address the deficient sections of sewer pipe. Other miscellaneous sanitary sewer repairs will be further prescribed during the final design and plan preparation stages. VI. WATER SYSTEM A. EXISTING CONDITIONS The watermain system within the project area consists of 6 -inch and 12 -inch diameter cast iron pipe installed between 1960 and 1969. Additionally, a 30 -inch welded -steel trunk watermain exists between 69 Avenue and I -94/I -694. Water records indicate that three breaks have occurred within the project area south of 69 Avenue, mainly attributed to valves and services. North of 69 Avenue, the City has recorded 11 watermain breaks consisting of valve, service and main breaks (see Figure 3). Minor water quality problems have been reported by residents that are typically caused by hard water issues and are mitigated by the periodic flushing of hydrants. Generally, the cast iron water main is considered to be in good condition with an estimated 30 to 40 years of remaining service life. However, north of 69 Avenue, a significant number of breaks have occurred, which is an indicator that the pipe in this area is in poorer condition. • Feasibility Report 2010 Dupont Avenue Neighborhood Improvements Page 8 55:H r'f ti MMM'EN q k S � S 1 - 4 {G rlMl AVE N i AVEN ' vrN6:'t Y O - ri Rt)ON l N f I r ? a H 81'H e L 3 z z z � a T:r1 AVk N jf M s T z Z I } _ x � < Z t _ Z UUU frNr AVL N t _ r � F z S rrr ..,iN 3 90I YEN S LeWnd z Wtermam &eaA Locations �' — VJaIlfMdM1 '� - -•� Rot Sah L—ha —► Rot SJ*" Not N**dod • —H CITY OF Watermain Breaks & Root Saw Locations BROOKLYN CENTEK Dupont Avenue Project Figure 3 Feasibility Report " ' 2010 Dupont Avenue Neig�i�orhood Improvements p Page 9 B. PROPOSED WATER MAIN IMPROVEMENTS North of 69 Avenue, the watermain is proposed to be fully replaced due to several factors including the higher number of breaks, suspected pipe corrosion issues and the proposed replacement of the adjacent sanitary sewer (see Appendix B, Watermain Construction Figure). Typically, when the adjacent sanitary sewer being replaced is deeper than the watermain, supporting the existing cast iron watermain during this construction becomes an issue and undercutting of the supporting soils is often experienced. This undercutting detrimentally impacts the existing watermain and many times, breaks occur immediately as well increasingly over time, thus leading to a shorter service life. Generally, the additional effort and cost needed to adequately support and protect the existing watermain would be significant. Additionally, the susceptibility of increased watermain breaks and the cost, inconvenience and effort that go along with increased watermain breaks overshadows and warrants the replacement of the watermain pipe concurrently during the adjacent sewer and street reconstruction. The proposed improvements in this north area also include the replacement of most valves, hydrants and water services extending from the water main in the street to the water curb stop located at the front property line. Replacement pipe materials include ductile iron pipe, which is more resistant to corrosion than cast iron pipe, and copper service pipe. Between 69 and 67 Avenues, the existing 30 -inch welded steel trunk line is proposed to be protected and not replaced. This watermain is in good condition, more durable than the standard cast iron pipe, and would be a significant, costly replacement of a large portion of watermain that has not yet reached its life expectancy. Although the adjacent sewer lines are proposed to be replaced, they are relatively shallow and minimal construction impact is expected. Additional measures to protect the watermain will be prescribed and required as necessary. South of 67 Avenue, the existing watermain is not proposed to be replaced and will be protected as necessary. Proposed improvements in the south section include replacement of valves as needed and most hydrants. VII. RIGHT -OF -WAY AND EASEMENTS Generally, all public infrastructure owned, maintained and operated by the City throughout the project area is located within City easements and/or right -of -way. It is not anticipated that the City will need to obtain any additional easements for this project. VIII. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The total estimated cost of the proposed project is $3,459,000. The preliminary estimate includes the cost for project administration, engineering and legal fees (13 percent) and construction contingency (10 percent). Table 1 provides a summary of the estimated project costs and recommended funding amounts from the various sources as indicated. Funding for the project is further described below. A. FUNDING FOR STREET IMPROVEMENTS The estimated project cost of roadway improvements for Dupont Avenue is $1,786,000. This preliminary estimate includes the costs for project administration, legal, engineering, construction contingency, and reforestation. Special assessments for street improvements are proposed in accordance with the 2010 rates adopted by the City Council. The standard 2010 residential street assessment rate is $3,435 per R1 zoned residential property within the project area and will be assessed to only those properties located north of 67 Feasibility Report 2010 Dupont Avenue Neighborhood Improvements Page 10 Avenue that will receive benefit from full street and utility reconstruction (see Figure 4). Assessments for other R1 zoned properties that are larger than the standard single family lot including the Evergreen • Elementary School property (zoned R 1) and 1107 Emerson Lane (Lutheran Church of Master, zoned PUD, R1) have been computed based on a maximum number of subdividable lots times the R1 unit assessment amount. For those properties south of 67 Avenue as described in the "Proposed Street Improvement" section where only a partial reconstruction of the roadway is proposed, a similar rate has been computed for full -depth pavement rehabilitation. In accordance with the City's assessment policy, the rate is based on the average cost of similar resurfacing projects and multiplied by the Council's designated proportion to be assessed, which the City has typically targeted 40 percent. Based on past project costs and typical assessments, it equates to approximately 75% of the full street reconstruction assessment amount and is proposed to be $2,576 per R1 zoned residential property. Assessments for other R1 zoned properties south of 67 Avenue that are larger than the standard single family lot including Brooklyn Center High School, the US West, Inc. property (1101 65 Avenue) and 1107 Emerson Lane (Lutheran Church of Master) have been computed based on the maximum number of subdividable lots times the R1 unit assessment amount. City owned park property is not proposed to be assessed. On this basis, a total estimated special assessments amount of $570,180 would be levied for street improvements. The remaining street construction costs would be funded from the Municipal State Aid funds. A summary of the proposed special assessments for street improvements is provided in Appendix C. B. FUNDING FOR STORM DRAINAGE UTILITY IMPROVEMENTS The total estimated cost for storm drainage improvements within the project area is $828,000. This • preliminary estimate includes the costs for project administration, legal, engineering and construction contingency. Special assessments for storm drainage improvements are proposed in accordance with the 2010 rates adopted by the City Council. The standard 2010 storm drainage special assessment rate is $1,031 per R1 zoned single family residential property within the project area for only those properties located north of 67 Avenue that will benefit from full street and utility reconstruction (see Figure 4). Assessments for other R1 zoned properties that are larger than the standard single family lot including the Evergreen Elementary School property (zoned R1) and 1107 Emerson Lane (Lutheran Church of Master, zoned PUD, R1) have been computed based on a maximum number of subdividable lots times the R1 unit assessment amount. On this basis, a total estimated special assessments amount of $78,356 would be levied for storm sewer improvements. No properties south of 67 Avenue will be assessed for storm sewer improvements. A summary of the proposed special assessments for storm drainage improvements is provided in Appendix C. C. FUNDING FOR OTHER UTILITY IMPROVEMENTS The estimated cost of sanitary sewer improvements is $462,000; the estimated cost for water main improvements is $346,000; and the estimated cost for street light improvemetns is $37,000. As previously noted, these cost estimates include the costs for project administration, engineering and construction contingency. All costs for water, sanitary sewer and street light improvements will be funded by their respective utility funds, in accordance with established policy for such improvements. I • Feasibility Report 2010 Dupont Avenue Neighborhood Improvements Page 11 A Table I. Cost and Funding Improvement Project Nos. 2010 -01, 02, 03, 04 0 2010 Dupont Avenue Improvements January 20,2010 Sanitary Water Storm Street Estimated Streets Sewer Main Drainage Lights Total Estimated Expenditures NJ Estimated Construction Cost Street & Utility $1,421.000 $372.000 5278.000 $566.000 S30,000 $2,767,000 o Contingencies (10 %) S142.000 $37,000 $28,000 S67,000 S3,000 S277.000 c Administration, Engineering, Legal (13 %) $203,000 $53,000 $40,000 S95,000 S4.000 S395.000 Reforestation $20, 000 S20000 'O 0 a e Total Estimated Project Costs (Feasibility; $1,786000 $462 000 $346.000 $828.000 S37,000 $3,459,000 m r m Estimated Revenue Str eet Special Assessments $570 $570,180 � Storm Drainage Special Assessments 578,356 $78,356 Sanitary Sewer Utility Fund $462000 S462,000 0 a- Water Utility Fund 5346.000 S346,000 o o h Storm Drainage Utility Fund $749,644 S749,644 Street Light Utility Fund S37,000 $37,000 b MSA Fund $1,215,820 $1,215,820 0 m Total Estimated Revenue (Feasibility $1,786,000 $462,000 $ 346 ,000 $828,000 $37,000 $3,459,000 i7 b ti N nc M �MT N f • • - -_ - Kb WW �' a .ao, 1 rr rN j g w+ u•1 � an & 9 � � � a a j : 4 1. 4 "s A mf ' >a . >°f z � - - •. _ ..- :l.u•ti rn wa �i ••Y Yw �! 73 tl•• rT• a aK �� x �I • � ` ♦1 y � i f �'J 4,' � Y,> � Yf! 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RECOMMENDED PROJECT SCHEDULE Table 2 contains the preliminary schedule for the project. Table 2. Dupont Neighborhood Project — Schedule Action Target Date City Council Receives Feasibility Report, Declares Cost January 25, 2010 to be Assessed and Calls for Public Hearings Council Holds Public Hearing, Authorizes the Project February 22, 2010 and Orders Preparation of Plans and Specifications City Council Approves Plans and Specs Authorizes Advertisement for Bids March 8, 2010 City Receives and Opens Project Bids April 29, 2010 City Council Considers Award of Contract May 10, 2010 Start Project Construction May 2010 Construction Substantially Complete — October 2010 X. CONCLUSIONS AND RECOMMENDATIONS The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare and economic health of the entire community. As a result of the infrastructure needs described, and the proposed solutions and estimated costs provided in this report, the proposed project is considered to be necessary, cost effective and feasible. Feasibility Report 2010 Dupont Avenue Neighborhood Improvements Page 14 i Appendix A Resident Comments Feasibility Report 2010 Residential Neighborhood Improvements Summary of Resident Survey DUPONT NEIGHBORHOOD stom ; i Wafter , Sump Pomp Comments/ Concerns t DUPOAT 6825 No 113asement flooding once in No Yes - No None awhile. Backyard drain _sometimes can't keen un. 7207 No =No No No -No How do the poor people pay for this? Just will be more foreclosures! More blight in the neVborhoods. Unknown -Not - Yes. Approx. 55' -60' out from No No. Only when hydrant is No No Special assessment - how to pay for it. _Provided - house about every 2 -3 yrs. flushed. In a time when the economy is really down- people have lost their jobs, retirees have lost some money. No raise in social security for - 2 years but groceries, gas and utilities are up. Where does the extra _money come from when we, people, are losing more every day? No tip, for N10 6213 Yes. Tree roots in the sewer line - Yes. Water flowing south Some "off' taste in summer. No t do - Wi iggmg affect our well water pressure and clarity? Will this ; 50 ft out from the east i oward 61 st Ave pools up in months and on occasion, = affect the static water level? jasement wall, blocking out flow. front of our driveway, rather cloudy. We use Roto Rooter about once than flowing through to the every 12 to 18 months. south drain. Our house is in the middle of the block, possible low spot in curb or street. 5936 Cdo, never. Been there since house No We have good pressure and: No 1-10 1 Jone at this time. Isuilt in 1953. good water. .5036 I Yes. Tree roots yearly. We also 'No Yes. Sometimes the water No _No `NA have a slight break in our sewer smells like sewage. Water _line (close to street). sometimes comes out black. Thought it was the water heater so we replaced it in November and it is still b3B➢C>alI'° 5813 No, never No, never No, never No No None 5731 N ot vet Not yet Not vet No No Poor condition of surface - manholes are same as a chuckhole. 6047 P40 No No No - No NA 6336 Yes. Cleaned out once per year. No No No No None Roots at 80 6742 No Puddles in street at end of No No No Other than the surface of the street (Dupont) I have no concerns. driveway. 7031 Once a year. Sewer gas smell in Generally no. No No No On street parking of Evergreen parents when picking up kids very the house sometimes. dangerous and Bing to our front vards. 7025 None No No No Yes, my sump Water quality good. Lines are fine. pump runs freauently. t � � 010 Su *ary of Resident Survey 6606 Yes. Had services run cutters and Not experienced this. Color every so often (every No No Do I have sewer services that I am responsible for that may have 1 glow bag all the way to the street other month maybe). severe root infiltration that should be addressed at the same time as :±pprox one year ago. Lived here 2 Changes in taste often. the City lines are being addressed? What specifically am I 1/2 years, services performed on Water from tap placed in a responsible for? F -)ne occasion. lug and left for I or 2 days will become moldy - smelling/tasting. Smells like rotting leaves. This is a clean, BPA free, plastic H2O container (i.e. Culligan jug). This also only happens some of the 5836 110. Every three years. The only water we get is/if from No -No -No k 1A � iizh water table? r 5006 k lot for many, many years. Haven't seen any. I drink bottled water. No -No Yes but it is not ' %Vhen the sidewalk was done last time, it was uneven and is now smell or no odor. zonnected or in use. r 2orroded. Is the sidewalk being redone and if there is a problem, can 1 _ call the Citv? Also will our taxes be raised? .5830 1 lever Puddling in the street in front ofkblild brown color. Water - No - Yes, my sump C3treet/boulevard grading in front. house, next to driveway. :;oftener takes care of it. - pump nms Occasional draining into frequently - in the basement in Spring. Spring during melt end rains. 6122 1 do No. I get the smell of sewer I get the sewer odor in my - No . No hiA odor in my basement basement sometimes. sometimes. 7200 ' JVe have needed it cleaned once. No No Yes No Y dA 7206 Yes. Basement floor drain used to In the 39 years I have owned No No -No The cost. ;rack up often until the plumber my home the only time I had ■ -leaned the line all the way to the water in the basement was April :street. That was at least 5 years 2001. I was on vacation but ago - no problems since then. apparently we had a huge rainstorm and everyone had basement water. No problem f nre 6713 I have had a few backups in my trre has been some minor - None No No Sidewalks on both sides of Dupont north of 67th? How long will basement floor in the laundry room street flooding in the 6700 the construction last? maybe once or twice a year. I block of Dupont during the have a plumber come in and ream heavy rain. The drains are out the clog. I don't know if this is oddly set back from the street considered a sanitary sewer service and I, myself, have had to problem. unclog them several times over the lact')O vearc. 2 1/20/2010 Summa of Resident Survey Y 6701 None No No Yes No I n order to upgrade the various home properties, it would be great to be able to roll in a complete driveway into the special assessment. Also, how much property is to be taken from my residence? Is curb and gutter to be put in? What about my lawn and sprinkler systems and trees you may take out. 6707 Once, in September 1979. - No No Yes - No NA 6743 No - No - No No No NA 6206 Yes. I have had my main sewer - No No No No "Special assessments" usually means you will raise my property line cleaned out about six times in taxes. I have seen my property taxes go up from $300.00 to almost - ihe last ten years, all the way to the $2,200.00 and my home value has not gone up that much. How -City main (usually about 75' cable much will you assess me? There is also a gas pipeline that runs in - used). Problem usually at 50' -60' front of my house. : frnm frnnt of hn ca 6842 -Once in the lffz line. No - Very hard water - needs lot—<10 Yes, my sump I'm on a fixed income - so the last is a concern. .if salt. - pump runs less frequently. 6100 - Yes. Two times. _No vio Yes No _NA 5706 No - No Odor ' No No _NA 5906 -Once a vear. -Street V10 No _No NA 5725 No No GVo _No _No None 5714 From Comment Card: Was wondering if there was a way to • -xtend the opening of our driveway another 10' to be able to fit two - -ars but since this project is only going to be fixing problem areas -around our area, if our case could be considered. Would also like to know if this could be done and if the money to cover our project comes from the project funding or that I would have to pay for it fntrcrlf 7219 Comment from Public Meeting (Steve's notes): Hvdrant/drivewav conflict - move 6206 Comment from Public Meeting (Steve's notes): Private line, root sawine in Drivate line - 6 times over last 10 vears. 6706 Comment from Public Meeting (Steve's notes): 5th wheel trailer. Should ensure good tumine movements. 6713 Comments from Public Meeting (Steve's notes): Sanitary service. Send still shot of service. 6830 Comment from Public Meeting: Drainage issue. Driveway width. 7019 & 7013 Comment from Public Meeting: Large ash. Owner would be okav to take. Close to road edge. 30 0 0010 Sugary of Resident Survey • I sump Pump OI&MLUM"MAMA Comments/ Concerns" 6812 No-with draining. About a year The storm drain right below our: Fligh hardness `Yes Yes, my sump Will the street be widened? What the proposed side walks for the ago I had the main drain line driveway constantly gets pump runs less street, both sides or the same? What are we responsible for as any inspected. The line was clear but clogged with road debris. It's frequently. - hookups to new utility lines? Additional comment via e-mail as it entered the main line, it had a definitely sinking in. - from resident following public meeting: I attended the meeting noticeable dip at the connections. 1 ast night, and want thank you for providing me with the project information. It was great to have all the expertise in one place, to .answer any questions people might have. I would like to bring up a oncem of mine about the project. I asked a general question last ! night about this issue as will. I live at 6812 dupont and as the ,roposal stands now the water main will not be replaced. I have 1 meat concern of not replacing the main at the time of the i econstruction project. The water main is at least 30+ years old, it's :it or close to it's expected life expectancy. Giving what's involved • with replacing the main, to me it only makes sense to perform the work at the time of this project. Also if the street projects are going to happen every 20 plus years. I think it's safe to say that the current water main won't last until the next major road reconstruction project. I personally would hate to see the new road being dug up 5 or so years down the road to fix or replace the main. I have worked in machine maintenance my whole life. I know for a fact it's much easier and cost effective to replace the part or line, while you have the road dug up anyway. Then to come back in several years and have to repair or replace the line. The cost of having to come back will probably be close to the chunk of the road cost on the current project. Also I'm concerned that once the digging and construction EMERSON 1100 No - No Water pressure _No - No Bad streets, no curb (black top falling apart). No street parking north of 69th for safety reasons. Comer of Dupont and Emerson Ln. Cement area for school safetv patrol to stand. I R'�DBINE /100 Comment from Public Meeting: Look at driveway. Wider. (Provide Woodbine construction area vear to owner. NA = No Answer 4 1/20/2010 Appendix B Project Drawings • • Feasibility Report 2010 Residential Neighborhood Improvements LEGEND O PAVED ROADWAY RAISED MEDIANS Y CURBS •O°�• �" �••+ CONCRETE TRAILS h SIDEWALKS Z = 2 Q < 2 f DUPONT > JUL 1�7 x x Z z z )r F a ❑ c f DUPONT < y �sjj '^ y y 2 BR. N0. 27929 �I �' ° a } b y a e «� 1� m npy rrn. rw. Pan q..ineafienx r.Prf STATE AID PROJECT W. DRAWN By WS-107-OW S . er.e. wo.rwNn CITY OF BROOKLYN CENTER vAND DESIGNED BY CONSULTING Bea. print Nome. JONA MOPNERSON D.BENU R� CRY pROJECT No. C HECKED BY ROADWAY CONSTRUCITON ry JJ ogre 1 sr CNO APPRi WErnEOW zolo -as J.MCrlcasaN GROUP, INC. I DUPONT AVENUE "Z LLOY4Dt OroDNIM \i0�2 _I eYOI. aWn Dera Icanes 47160 CONN. NO. 7012 _ - LEGEND O PAVED ROADWAY zm RAISED MEDIANS 6 CURBS CONCRETE TRAILS 4 SIDEWALKS .Dale in +M A ll- P IL DUPONT — 0N I��InnII � W ~ 0 N 1 1 a I w > a i 2 xale in fM Q J Z Z J € DUPONT a w > Z m 0 a n ° 2 2 O M F w 09 w u t0 _ w � � I + CQ Q � CQ GQ I C] r Q I I Q I I D w s 6 O Z S N j o too zoo r` $ eoa�e m hw 6 1---11 moe eNe pen ieM+ImMan.x reperf DRAWN BY srAre AID RRO,ccr ND. CITY OF BROOKLYN CENTER _ M tNauM M1eleWerw FMrrr 109-101 -010 5. VANL �e 'RO'w..ei,nes,an DESIGNED RY CONSULTING LTING vrm+� JONATHAN M CPNERSON o.BERoRE ROADWAY CONSTRUCITDN cirr RRO.¢cr W. csD cNECSED aY 61MI GROU P , INC. X03 Ro DAre BY A7 REVIStON t 010 - 05 �-° R"ER— DUPONT AVENUE u .. °yaW oM oe \TOl _1 z.OT Dat. icrica • 17160 COW. ND. 1012 e • • 0 0 0 KEY PROPOSED STORM SEWER PIPE AND STORM STRUCTURES - EXISTING STORM SEWER PIPE AND STO STRUCTURES Al IN PLACE — --- — --- - z 0 To REM LA F z F 7 1 : > LLJ w > DUPONT > LAI - - -� Ln * n o L Ew+ Ems] F yj Ff F- TTF - T T i I I F T - T - T T - T T�TTTT 1�T - � T z I z w wl > > > z —n— to 0 �� DUPONT LL rf_ [ E v wl N u F4 - 0 1 FF STATE AM PROJECT W . DRAW� t9 S.VA BY NG CITY OF BROOKLYN CENTER DESIGNED BY CONSULTING PIU, JONATHAN MCPHERSON C[TY D. B RUB STORM SEWER CONSTRUCITON ACT W. CHECKED BY ATE� BY� CKD "ISION PRO J.m HERSON ROUP,INC. DUPONT AVENUE 0 G F lo _\ ojjPPRU 47160 C ut h to'.� KEY / --J- � -- �--�.. J - -�- -- PROPOSED STORM SEWER PIPE 1.. 20 AND STORM STRUCTURES EX ISTING STORM SEWER PIPE AND STORM STRU TO REMAIN IN PLACE DUPONT I t3 ---- - ----- ---- --- — --- -- FT 1 > IZIU in z cc Z LA > DUPONT- 0 LA Lj w ` a D I i --- 1 --- � � � I J i 1 j �z� yb "I� - J �---j �--�! � 1 1[;m3s i L STATE AID PROJECT NO. DRAWN BY I I CITY OF BROOKLYN CENTER DESI GNED BY C ONSULTING JONATHAN M D BERU E STORM SEWER CONSTRUCITON CITY PROJECT NO, CHECKED BY 2010_DS MC— ON 61 HIGROUP, INC. DATE I BY� CAD P l 12.d- REVISION 47160 Colo. NO. DUPONT AVENUE O JA 0 KEY +— PROPOSED SANITARY SEWfR o Ioo zao L 1 MAIN LINE REPLACEMENT (REMOVE EXISTING) —WW-WA - - -- -- -- -- • PROPOSED SANITARY SEWER Z - - -------- - - -.__ MANHOLE REPLACEMENT _ -- 2 (REMOVE EXISTING) I > - -- -- -- W �- �_ -_ - - - I W - -- -- Z E %ISTING SANITARY SEWER 70 Q I I > REMAIN IN PLACE Q DUPON- I a > ° SANITARY WNHOLE TO N I REMAIN IN PLACE In FF z Z do �� LJ -�-' z Q ID f DUPONT L - \ \ I VA i • + - � � — �--L — I _ _ l' I I �� . s -- � f B WC P.M1 �, �N� .r ..P�. STATE AN PROJECT N0. DRAWN BY CITY OF BROOKLYN CENTER 105- I07- Y mo 5. vAN BY CONSULTING i e T DES JONATHAN a. IGD SANITARY SEWER CONSTRUCITON o. RERURE io Prin - t Nmr JONATNIN MCPHERSON CITY PROJECT N0. CHECKED BY GROUP INC. DUPONT AVENUE _ _ _ 2010 -05 J. M Rso. CPHE N0 DATE Br cKO A pp E REVISION i 4 �c•n•. . 47160 OMM C. N0. Tal2 .. avwr j=H o•`TO z I.aon KEY —� PROPOSED SANITARY SEWER :aa- ,- - - -"'— MAIN LINE REPLACEMENT (REMOVE EXISTING) '� �oai!In •e.r • PROPOSED SANITARY SEWER ° MANHOLE REPLACEMENT (REMOVE EXISTING) , P / - -- EXISTING SANITARY SEWER TO REMAIN IN PLACE ( o DUPONT SANITARY MANHOLE TO E / o REMAIN IN PLACE I ° Ul .- I I ° I I I �� ! r_:: ---�— � I � � � °❑ °, a i I - I z Z - -- uj DUPONT- ! H N J n W lv�l Cl lwil lm�l ° IL I j o m A. rw.• =• _• •n•• «N wo �M = *r°,.H rV STATE AID PROJECT NO. DRAWN BY CITY OF BROOKLYN CENTER _ orw 0girer �• ° 109-101 -0I0 S. VANG J Trot rn ;a DESIGNED By CONSULTING y , Print Nam.' JONATHAN MGPHERSON BE SANITARY SEWER CONSTRUCITON CITY p` 0JECi W. C HECKED MC-So. PRA o DATE I Br 1 cco j AjJj '. NEYI SION J GROUP INC. DUPONT AVENUE t+N /cevO z 0pi oats ' Icenae • 2010 05 47160 I COW. N0. TOl2 _ 0 0 KEY + PROPOSED HYDRANT (REMOVE EXISTING) t PRGPOS ED GATE VALVE - - � ���� ♦eN - J _ (REMOVE E %ISTING) —�— PROPOSED WATERMAIN I REPLAC Z EMENT (REMOVE EXISTING) > W Z c E %ISTING HYDRANT TO REMAIN > — �> E DUPONT— j < j IN PLA E C I E %ISTING EXISTIN GATE VALVE TO REMAIN - -- I = I = IN PLACE 1- — y I F• G WATERMAIN TO REMAIN N r ~ �— IN PLACE Em+ I � FF i l F77777 I ! FT W � I W LJ W ` - E DUPONT I K WC (r a IF -,- -,--- ,-- - �- �-- - C� •� �+� m �i^m +t^n ^r r.P°'+ STATE AID PR0.1ECi ND. DRAWN BY tw- to IT -0to s.vANC � CITY OF BROOKLYN CENTER ' oesccNED er CONSULTING Prins Nan s +R + JONATHAN + MCPHERSON D. BERUBE WATERMAIN CONSTRUC ITON _ CITY P10111 ND. CNECK ED BY �o / Br // AnP I WErmaN ,mo-os �. NERSON GROUP, INC. DUPONT AVENUE NO DATE CKO °• ... Mau4 uropN 1C. \TO 2_K�].00i Oa+K Icw. 47160 I _ COMM. No. Tot, KEY J . � _... + PROPOSED HYDRANT — — — - — — (REMOVE EXISTING) I PROPOSED GATE VALVE (REMOVE EXISTING) i• m+..r PROPOSED WATERMAIN ' REPLACEMENT (REMOVE EXISTING) / EXISTING IN PLACE IN TO REMAIN�,2, - r EXISTING GATE VALVE TO REMAIN IL DUPONT /6/ e IN PLACE r —� EXISTING WATERMAIN TO REMAIN ❑ �. ', IN PLACE a 7 - - FF - F ­ F ­ F -- F Y i J a - --, i a Z Q -- --• --- — . - - - -- - - --� J / J�__ ... — —..1 I - -- DUPO '— c� W �•���.... O yu` Z FF] mw o�m. p�ttv�x an0 %I STA AU) aJECT HO. DRAIN BY J •„��� " Ios - tE )armo s.vAnc CITY OF BROOKLYN CENTER �c4 print MW oE5 JONATHAN MCPHERSON [GNED BY CONSULTING 8a o ° � WATERMAIN CONSTRUCITON CITY PROJECT Na. CHECKED BY GROUP INC. �gy / oA 1E i er cx jj pvR AEVniox 2010 u CPXEASON r DUPONT AVENUE „ armhlw \�81�_wtL2.C� oat• 47160 I COW,. N0. IOl2 G DUPONT AVE G DUPONT AVE 11.0' 11.0' 11.0' 11.0' 8.0' 11.0' 13.0' SHLD. THRU THRU SHLD. SHLD. THRU THRU PROFILE PROFILE r GRADE GRADE / 2.0% 2.0 %_ \ X 2.0% 2.0% `5618 C &G (EXISTING) l 8618 C &G (EXISTING)) IA( B618 C &G 8618 C &G DUPONT AVE (SOUTH OF 67TH AVE) DUPONT AVE (NORTH OF 67TH AVE) DESIGN SPEED = 30 MPH DESIGN SPEED = 30 MPH 6 g s e a 4 I H.r�r w ,�., nw Pw..Pa ifaaf[x x r.p :r STATE AID PR0.IECT ND. DRAWN BY A a. ire. are I09 -Im olo B.NANC CITY OF BROOKLYN CENTER Ya.rewra DESIGNED BY CONSULTING TYPICAL SECTION 4oE print Ware. JONATHAN MCPHERSON D. BERuBE ^ C ° y zoo o5OJECi No. GHEMDD nN DUPONT AVENUE u�T NO DATE BY GIJ�:'] REVISION GROUP, INC. Cyr .. Grm 1 T. aal lm.dm Data Licaiva. 47160 CDMN. ND. Lott J CHOKER DETAIL SOUTH OF 67TH AVE 15 k 11' THR� / 15' X 11' THRU � X 11' SHLD. 101 5 11 20.0' R DUPONT AVE CHOKER DETAIL NORTH OF 67TH AVE 20.0'R JJ 10 SHLD. 15' [ 1THRU 13' ' THRU 11 II DUPONT AVE p D; Der 1NS ""'pm .Imn »x a ^= BY JIG910iA010PROJECT N0. D S.�VANG Y I CITY OF BROOKLYN CENTER am • M�5 YProYKwoYKwa' wGr DESIGNED BY g I I P — t JONATHAN YGPHERSON D. BE RUBE CONSULTING I CHOKER DETAIL CITY PROJECT No. [NECKED BY DUPONT AVENUE 4 NDND D1TE / CKD REV IIPPR` ISION 2010 -OS J.YPNER ON GROUP, INC. \[Mkr Detall. don pc}K Elcwa • 47160 COM4. ND. S TOlz J I I Appendix C DRAFT Proposed Pending Assessment Roll i III • Feasibility Report 2010 Residential Neighborhood Improvements CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL January 25, 2010 DUPONT NEIGHBORHOOD IMPROVEMENT PROJECT 2010 01 & 02 PROPERTY ID ADDRESS LEVY# STREET LEVY # STORM NOTES PID: 0111821210046 6042 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821210047 6036 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210048 6030 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210049 6024 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210050 6018 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210051 6012 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210052 6006 DUPONT AVE N 17589 $2.576.00 17590 PID: 0111821210053 6000 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821210054 5942 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821210055 5936 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210056 5930 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210057 5924 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210058 5918 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210059 5912 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210060 5906 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220001 5951 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821220002 5947 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220003 5941 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220004 5935 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220005 5927 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220006 5919 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220007 5909 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220008 5901 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821220030 6047 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821220031 6041 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220032 6035 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220033 6029 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220034 6023 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220035 6015 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220036 6007 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220037 6001 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821230023 5715 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821230024 5707 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821230025 1100 57TH AVE N 17589 $2,576.00 17590 Corner PID: 0111821230062 5743 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821230063 5737 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821230064 5731 DUPONT AVE N 17589 $2.576.00 17590 PID: 0111821230065 5725 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821230091 5837 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821230092 5831 DUPONT AVE N 17589 $2.576.00 17590 PID: 0111821230093 5825 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821230094 5819 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821230095 5813 DUPONT AVE N 17589 $2.576.00 17590 PID: 0111821230096 5807 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821230097 5801 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821230106 LOT 000 BLOCK 000 17589 $5,152.00 17590 PID: 0111821240026 5808 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821240027 5816 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821240028 5824 DUPONT AVE N 17589 $2,576.00 17590 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL January 25, 2010 DUPONT NEIGHBORHOOD IMPROVEMENT PROJECT 2010 01 & 02 PID: 0111821240029 5832 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821240030 5840 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821240031 5848 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821240054 5742 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821240055 5740 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821240057 5714 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 2511921310016 7254 DUPONT AVE N 17589 $3 17590 $1,031.00 Corner PID: 2511921310043 1019 WOODBINE LA 17589 $3,435.00 17590 $1,031.00 Corner PID: 2511921310055 7200 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner PID: 2511921310056 7206 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921310057 7212 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921310058 7218 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921310059 7224 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921310060 7230 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921310061 7236 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921310062 7242 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921310063 7100 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner PID: 2511921320067 1100 WOODBINE LA 17589 $3 „435.00 17590 $1,031.00 Corner PID: 2511921320091 1101 72ND AVE N 17589 $3,435.00 17590 $1,031.00 Corner ID: 2511921320096 7249 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner 2511921320097 7243 DUPONT AVE N 17589 $3435.00 17590 $1,031.00 :2511921320098 7237 DUPONT AVE N 17589 $3 17590 $1,031.00 PID: 2511921320099 7231 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921320100 7225 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921320101 7219 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921320102 7213 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921320103 7207 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID:2511921320104 7201 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner PID:2511921330003 7043 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330004 7037 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330005 7031 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330006 7025 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330007 7019 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330008 7013 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330009 7007 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330010 7001 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330011 6927 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID:2511921330012 6921 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330013 1100 EMERSON LA 17589 $3,435.00 17590 $1,031.00 Corner PID: 2511921330085 1100 69TH AVE N 17589 $10,305.00 17590 $3,093.00 Corner (3 lots) PID: 2511921340001 7020 DUPONT AVE N 17589 $27,480.00 17590 $8,248.00 (8 lots) PID: 3611921210052 6700 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner PID: 3611921210053 6706 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210054 6712 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210055 6718 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210056 6724 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 3611921210057 6730 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 :3611921210058 6736 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 ID: 3611921210059 6742 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210060 6800 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL January 25, 2010 DUPONT NEIGHBORHOOD IMPROVEMENT PROJECT 2010 01 & 02 PID: 3611921210061 6806 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210062 6812 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210063 6818 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210064 6824 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210065 6830 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210066 6836 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210067 6842 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner PID: 3611921220002 6843 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner PID: 3611921220003 6837 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220004 6831 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220005 6825 DUPONT AVE N 175891 $3,435.00 17590 $1,031.00 PID: 3611921220006 6819 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220007 6813 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220008 6807 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220009 6801 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220010 6743 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220011 6737 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220012 6731 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220013 6725 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220014 6719 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 • PID: 3611921220015 6713 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220016 6707 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220017 6701 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner PID: 3611921230001 6500 HUMBOLDT AVE N 17589 $41,216.00 17590 Corner(16 lots) PID: 3611921240038 6600 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921240039 6606 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921240040 6612 DUPONT AVE N 175891 $2,576.00 17590 PID: 3611921240041 6618 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921240042 6624 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921240043 6630 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921240044 6636 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921240045 6642 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921310007 6400 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921310008 64061 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921310014 6336 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921310015 6342 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921310036 6414 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921310038 6422 DUPONT AVE N 175891 $2,576.00 17590 PID: 3611921310039 6430 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921310040 6436 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921320001 6343 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921320002 6337 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921320016 6419 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921320017 6413 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921320018 6407 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921320019 6401 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921320082 1101 65TH AVE N 17589 $7,728.00 17590 Corner(3 lots) PID: 3611921330001 6218 LILAC DR N 17589 $2,576.00 17590 Corner PID: 3611921330002 6219 DUPONT AVE N 175891 $2,576.001 17590 PID: 3611921330003 6213 DUPONT AVE N j 175891 $2,576.001 17590 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL January 25, 2010 DUPONT NEIGHBORHOOD IMPROVEMENT PROJECT 2010 01 & 02 PID: 3611921330004 6207 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921330015 1100 62ND AVE N 17589 $2,576.00 17590 Corner PID: 3611921330019 6139 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921330020 6125 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921330021 6119 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921330022 6113 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921330023 6107 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921330024 6101 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921340034 6100 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921340035 6106 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340036 6114 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340037 6122 DUPONT AVE N 17589 $2 „576.00 17590 PID: 3611921340038 6130 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340039 6138 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921340070 6200 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921340071 6206 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340072 6212 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340073 6218 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340074 6224 DUPONT AVE N 17589 $2,576.00 17590 :3611921340075 6220 LILAC DR N 17589 $2,576.00 17590 Corner al Assessments $570,180.00 $78,356.00 PROPERTIES PREVIOUSLY ASSESSED: PROPERTY ID ADDRESS ASSESSMENT YEAR PID: 0111821210061 5900 DUPONT AVE N 2010 PID: 0111821240025 5800 DUPONT AVE N 2010 PID: 0111821240032 5856 DUPONT AVE N 2010 PID: 0111821240053 5746 DUPONT AVE N 2010 PID: 0111821240056 5700 DUPONT AVE N 1997 PID: 2511921310096 1019 73RD AVE N 2001 PID: 2511921320001 1101 73RD AVE N 2001 IPID: 3611921310041 1007 65TH AVE N 2008 0 Appendix D Traffic Calming Management Devices i Feasibility Report 2010 Residential Neighborhood Improvements Neck Definition: Physical curb reduction of road width at intersections. Similar to lane narrowing but used at intersection(s). Widening of street corners at intersections to discourage cut - through traffic, to improve pedestrian access and to help define neighborhoods. (Nubs, bulb -outs, knuckles, intersection narrowings, corner bulges, safe crosses.) Description: • Realignment of curb, reducing street width at intersections. Applications: • Residential, local streets. Q • Should not be used in locations where turn lanes or through lanes would be lost. • County typically does not allow neckdowns directly adjacent to county roads. • Can be used in multiple applications or on a single segment of roadway. Design /Installation Issues:' • Must result in a minimum intersection opening and � �( radii to accommodate turning movements. • Drainage issues may be significant. • Vertical delineators or object markers are often used to make visible to snowplow operators. Advantages: • May be aesthetically pleasing if landscaped. • Reduces pedestrian crossing distance. • May reduce speeds and traffic volumes. • Self- enforcing. • May improve sight lines. Disadvantages: • Unfriendly to cyclists unless designed to accommodate them. • Landscaping may cause sight line problems. • Increased maintenance if landscaped. �a...•.,�� , May impact drainage. • May impact bicycle accommodations. • May impact parking. • May require signage that may be considered unsightly. Evaluation Considerations Speed Traffic Fuel Air /Noise Cost Emergency Test vs. Other Reduction Reduction Consumption Pollution Services Permanent Possible Possible Small Small Medium to Minimal Impact Test Increase Increase High Installation Possible City of Edina Transportation Policy B - 10 April 2005 Pavement Striping Definition: Paint or thermoplastic street markings commonly placed for delineation that provides guidance and information to the road user. Description: • Centerline, edgeline and transverse markings on the street used to provide guidance and information to the driver. Applications: • Used to supplement other traffic control devices. • Used to effectively convey regulations, guidance or _ ft warning. �t \ • Centerlines and edgeline use may have the effect of visually narrowing the roadway. • Used to create bicycle lanes. • Patterns of transverse markings placed across travel paths used to help slow traffic at intersections and at horizontal curve locations. Design /Installation Issues: • The materials used for markings should provide the specified color throughout their useful life. • Consideration should be given to selecting materials Advantages: that will minimize tripping or loss of traction for . Provide important information while pedestrians and bicyclists. allowing minimal diversion of driver attention from the roadway. • Perception of narrowing the roadway may modestly reduce speeds. Disadvantages: • Visibility of markings can be limited by snow, debris and water. • Marking durability is limited. Evaluation Considerations Speed Traffic Fuel Air /Noise Cost Emergency Test vs. Other Reduction Reduction Consumption Pollution Services Permanent Possible No Effect No Effect No Effect Low No Effect Permanent Installation Only City of Edina Transportation Policy B -29 April 2005 I, • Work Session Agenda AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • January 25, 2010 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. Twins Ball Park Express Bus Line — Councilmember Roche 2. Hennepin County Active Living Program Presentation 3. Gateway Commons- Revoked Rental License 4. Group Home Report 5. Community Gardens 6. Meetings with Commissions PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing • 1. Sister City Update — Curt 2. Strategic Plan Goals — Outcomes Success Measures 3. 57th and Logan Update 4. Strategic Outcome Reports 5. Department Year End Reports 6. Legislative Update a. Prosecutor Services 7. Community Schools Update 8. Ordinance Amendments — Farmers Market 9. 2011 Brooklyn Center Celebration Update 10. Crime Free Housing Update 11. Random Acts of Kindness — Mayor Willson 12. Neighborhood Designations 13. Junk and Inoperable Vehicles Update — Back Yard Parking 14. Minn. Stat. 273.128 4d Rental Properties — Annual Report 15. Visit Minneapolis North Update 16. 6101 Beard -6037 Brooklyn Blvd Update- May 17. Joslyn/City Property Remediation Update 18. Prosecutor's Contract 19. TIF District No. 2 -Use of Tax Increment 20. Local Government Aid Policy 21. Shingle Creek County Study 22. Brookdale Mall Update 23. Utility Conservation Rate — Irrigation Systems Work Session Agenda Item No. I MEMORANDUM - COUNCIL WORK SESSION DATE: January 21, 2010 TO: Brooklyn Center City Council FROM: „ 5L Boganey, City Manager on behalf of Councilmember Roche SUBJECT: Twins Ball Park Express Bus- Councilmember Roche COUNCIL ACTION REQUIRED Per the request below Councilmember Roche would like to introduce the subject item for council discussion and consideration of future action. BACKGROUND Good morning Curt, I am requesting a Work Session item: The request is for Council discussion on how B.C. may better advocate our proximity to • the new Twins ballpark. One idea is to advocate for an express bus line from Bass Lake Road to the new Twins Ballpark. On page 3 of the Saturday 01/16/10 StarTribune metro section there was an article "Helping Twins fans stay on Target.” Metro Transit is offering new options to get fans to and from the ballpark including a new express bus line on game days along 394 from the Hopkins Crossroad. Our city is also an obvious choice for such a line. We have a Metro Transit Hub, Interstate 94, the distance between the ballpark & B.C. is seven miles. Another option we can better promote is for people to come to BC and ride the 766 Express (a ten minute ride downtown with many time options available). The best plan may be to work with Metro Transit to profile pre- existing routes and suggest two more to get in & out on game day. The Regal Theatre is an acknowledged Metro Transit Park & Ride. COUNCIL POLICY ISSUES Will pursuing this subject matter advance the City Council Goals? Should staff be directed to pursue this activity? i Council Goals • # Maintain upgrade City • S G 5 in and upg y infrastructure o The public will benefit from multi -modal transportation options • O.G.# 6 Improve city's image with citizens and those outside of the city's borders • • • Work Session Agenda Item No. 2 . MEMORANDUM - COUNCIL WORK SESSION DATE: January 21, 2010 TO: Brooklyn Center City Council FROM: Curt Boganey, City Mane SUBJECT: Hennepin County Active Living Program COUNCIL ACTION REQUIRED Per Council direction November 23` 2009, Ms. Karen Nikolai has been invited to make a presentation regarding the Hennepin County Active Living program. BACKGROUND On October 26 2009 several Council members attend the North Metro Sustainability Round Table at the Brookdale Library. Ms. Karen Nikolai was one of the presenters at the workshop. Initially the Council was interested in the proposed safe streets program being developed by the Department of Transportation. Ultimately, the Council decided to direct staff to comment on the safe streets policy and to invite Ms. Nikolai to present • information on the Hennepin County initiative with Cities to promote healthy life styles and living environments. COUNCIL POLICY ISSUES • S.G. # 2 Respond to the increased public awareness and interest in environmental Sustainability and green community issues. o Pubic appreciation of the environment will be enhanced. • Work Session Agenda Item No. 3 • MEMORANDUM - COUNCIL WORK SESSION DATE: January 21, 2010 TO: Brooklyn Center City Council FROM: Curt Boganey, City ManV015 SUBJECT: Gateway Commons License Revocation COUNCIL ACTION REQUIRED Staff is seeking direction regarding the request submitted by Mr. Gary Brummer the owner of Gateway commons that City Council reconsiders the license revocation for the property at 2900 Northway Drive, formerly known as Center Point Apartments. BACKGROUND On December 10 2007 the City Council adopted resolution 2007 -161 making a finding of fact and order relating to Center Point Apartments. That resolution revoked for one year effective January 14, 2008 the rental license for the property. Subsequent to this action the owners, Brooklyn Center Leased Housing Associates Limited Partnership ( BCLHA) filed suit against the City The revocation was stayed and ultimately the City entered into a consent decree with BCLHA on January 22, 2008. On April 8 th 2009, Judge Hedlund determined that the owners had made a material breach of the consent decree and reinstated the Council one year license revocation effective April 9 th 2009. Based upon these actions the City may not accept an application for a new license until the revocation has expired on April 10 2010 In October 2009 Mr. Gary Brummer, acquired title to the property and he has been making significant improvements to the property as indicated in his enclosed letter. According to Mr. Brummer he believes that as a new owner who has demonstrated a willingness to significantly change the conditions of the property the license revocation should be lifted, which will facilitate his goal to continue to improve the living conditions for the residents and the effect on the community. If the City Council decides not to reconsider the license revocation, Mr. Brummer will be required to meet all rental ordinance housing standards before a license can be issued some time after April 9 th 2010 and no new tenants will be allowed to move into the complex. If the City Council decides to entertain the request to reconsider the revocation the Council could impose conditions that would exceed minimum requirements under the 0 City Code. i Mr. Brummer is expected to be present at the worksession so that he can answer your • questions and explain in greater detail his request. If the Council is inclined to consider this request, I would recommend that the matter be referred to staff for a recommend licensing strategy including any conditions that the Council would want to impose. COUNCIL POLICY ISSUES Does reconsideration of the licensing ordinance advance the City Council Goals and further the interest of the community. Strategic Goals 1. Ensure a safe and secure community 2. Stabilize and improve residential neighborhoods 3. Improve city's image with citizens • ORIGINAL January 5, 2010 City of Brooklyn Center Attn: Mr. Curt Boganey Address Re: Leasing License for Gateway Commons Dear Mr. Boganey: Since taking possession of the property located at 2900 Northway Drive, Brooklyn Center, Minnesota in October. 2009, the entire property has been fenced in with a six - feet -high rod iron fence, which allows access to the property only by way of electric gates. One of the buildings has already been remodeled with the following, new interior doors, appliances, light fixtures, laminate flooring, sound proofing in the living room and hallways, ceramic tile in the entry ways, kitchens, dining rooms and bathrooms. The bathrooms have new tile on the floors and tub walls. Granite counter tops in the bathrooms and kitchens and all new faucets and shut off valves in the bathroom and kitchens as well. Additionally, we are currently in the process of re- roofing five of the buildings. The next six buildings are also in various stages of work being completed. All exterior stucco repairs required by the city have been completed. With the first 12 buildings already underway, we anticipate completing one building every two to three weeks, with an approximate completion date of all 21 buildings on or about December 15, 2010. In light of the above, we are now able to begin renting the newly renovated apartments and it is respectfully requested that the City Council reconsider the license revocation of the property located at 2900 Northway Drive, Brooklyn Center, Minnesota. Please advise at your earliest convenience when Gateway Commons is able to begin leasing their newly renovated units. Thank you in advance for your consideration. Sincerely, Gary Brummer • Work Session Agenda Item No. 4 COUNCIL WORK SESSION MEMORANDUM • TO: Curt Bo ane City Manager g Y� Y g FROM: Sharon Knutson, City Clerk DATE: January 20, 2010 SUBJECT: Group Homes At its October 26, 2009, Work Session the City Council discussed the topic of group homes. It was Council consensus to have staff complete an inventory of group homes in the City and include the following items in the report: • number of group homes • location • type of facilities • status of taxable or tax - exempt • calls for service including code enforcement and other police calls You have asked me to prepare said report. The City's Assessor's Office and Police Department have provided substantial information for this report. Locations were identified from the Minnesota Department of Health as well as the Minnesota Department of Human Services. Both State agencies post lists of currently licensed/registered facilities on their websites. • Attached is a spreadsheet that identifies the location type of facility, date of purchase, P � Yp Y, � rental license number or owner - occupied, tax status, and police calls for service and code enforcement detail for 2008 and 2009. Summary: There are 49 single - family group homes that have been identified in Brooklyn Center. • 6 properties are tax - exempt • 15 properties are owner - occupied • 34 properties are licensed rental properties Of the 49 single - family group homes, following is the breakdown of the number of code violations identified: • 31 properties have NONE • 18 properties have code violation entries in either 2008 or 2009 or both 0 3 properties in 2008 only 0 10 properties in 2009 only 0 5 properties in both 2008 and 2009 i Council Work Session Memo RE: Group Homes Page 2 January 20, 2010 • number of public safet Of the 48 single-family ou homes following is the breakdown of the nu y group � g P calls for service identified: • 7 properties have NONE • 42 properties have medical, nuisance, and other in either 2008 or 2009 or both 0 6 properties in 2008 only 0 7 properties in 2009 only 0 29 properties in 2008 and 2009 Following is the breakdown of the total number of types of calls for service: 2008 2009 206 total calls for service 230 total calls for service 20 properties had 53 medical calls 24 properties had 61 medical calls 11 properties had 23 nuisance calls 10 properties had 28 nuisance calls 30 properties had 130 other calls 31 properties had 141 other calls Please let me know if Y ou need further information. City of Brooklyn Center • Location of Known Group Homes M i «! Waot�flQ� eft �'q `• wooer In N o NOW 3FO V 0 SO rf� Ave Lake Env 72nd 0 Nature Area E � i � • 101h Ave N # a v 60h Ave N • it Wam -. 67th Ave N`i� Pei Pat Winchester tin Winchester U 66th Ave and JH S nth Ave w x a pi ' t � .____ � • Gentry � .d�, � r .3 v��, ,,, -� � `� Nesh Rd Park • i Joyce In Rd g t``¢� 62nd Ave N t . 4 • t0 ►t!f 4- r Pack ; 610 e N In N . 601*Ave I• 110 r • a 1gQr 54th Ave N 4 � CR 90 `F 58th Ave N •04, v m _ _... — ._ 571h Ave N , rt Shopping � Qr 0 50 Ave N dark � GenteN 4 Z ®�� ego° ® E itshire Blvd 5 53rd F1 N `' Park g' E • u Z �' \I*,,* e N w � URN Legend �-- h Ave Group_ Homes -- Total 49 ILI 47th Ave N , Map Date: 01/12/2010 City of Brooklyn Center Group Homes 1/20/2010 Year Rental Exempt Exempt House # Street Name Type of Facility Owner / Business Name Date of Purchase License # Property Began 7110 Riverdale Rd Group Home - Adult Foster Care (M & F) ACR Homes Inc. 02/01/1994 1004728 5706 Camden Ave N Group Home - Adult Foster Care (Female) Christian Restoration Services 05/07/2007 1004622 7219 June Ave N Group Home - Adult Foster Care (M & F) Christian Restoration Services 08/02/2007 1004621 5449 Lyndale Ave N Group Home - Intermediate Care Fac (MR - M & F) Dakota Communities 05/01/1987 1003567 E 1994 5313 62nd Ave N Group Home - MDH Housing w /Services (55+ M & F) Doua Yang & Chao Vang 06/16/2005 1003889 4100 61st Ave N Group Home - Adult Foster Care (M & F) Emmanuel & Oluyemisi Coker 08/24/2007 1003989 6012 Zenith Ave N Group Home - Juvenile Youth Hearthstone of Minnesota 10/01/1991 3004546 E 1992 2318 55th Ave N Group Home - Unknown type Helen Osonowo 04 /28/2006 1004167 6018 Admiral PI Group Home- Adult Foster Care (M & F) Lutheran Social Services 05/01/1995 1004424 E 1995 3612 55th Ave N Group Home - Adult Foster Care (M & F) Lutheran Social Services 06/16/1995 1004420 E 1995 5501 Brooklyn Blvd Group Home - Adult Foster Care (M & F) Mains'l Properties 11/01/1999 1004158 3706 55th Ave N Group Home - Adult Foster Care (M & F) Mains'I Properties 01/16/2003 1004650 3206 Thurber Rd Group Home - Adult Foster Care (M & F) Mains'I Properties 11/14/2001 1003680 3812 Janet La Group Home - Adult Foster Care (M & F) Mains'I Properties 06/06/2005 1004656 2812 Ohenry Rd Group Home - Adult Foster Care (M & F) Mains'I Properties 04 /28/1999 1004524 5900 Pearson Dr Group Home -Adult Foster Care (M & F) Mary & Margaret Tjosvold 08/01/2004 1004092 5101 Eleanor La Group Home - Adult Foster Care (Male) Michael Potaczek 11/01/2002 1004254 5200 Drew Ave N Group Home - Adult Foster Care (M & F) Morris Matthews 03/20/2003 1004377 6712 Beard Ave N Group Home - Child Foster Care Morris Matthews 10/07/2004 1004330 3019. Mumford Rd Group Home - Adult Foster Care (M & F) Morris Matthews 04 /05/2002 1004692 6213 Chowen Ave N Group Home - MDH Housing w /Services Nazneen Khatoon 11/14/2003 1004779 507 69th Ave N Group Home - Developmentally Disabled Outreach Six Acres 03/02/1989 1004511 E 1995 5550 Girard Ave N Group Home - Developmentally Disabled Adults Restart Inc. 12/01/2002 1004255 E 2003 7215 Girard Ave N Group Home - Adult Foster Care (M & F) RHT Girard LLC 06/02/2003 1003699 1807 70th Ave N Group Home - Adult Foster Care (M & F) RHT Logan LLC 08/01/2001 1003691 0 is • 0 . • City of Brooklyn Center Group Homes 1/20/2010 , Public Safety Calls for Service Public Safety Calls for Service House tr Street Name 2009 (Jan 1 -Nov 30) 2008 Code Enforcement Detail 2009 Code Enforcement Detail 2008 M M ,,. m 7110 Riverdale Rd 1 1 1 1 NONE NONE 08/11/09 Tall Grass & Noxious Weeds 05/19/09 Tall Grass & Noxious 5706 Camden Ave N 0 0 Weeds NONE 7219 June Ave N 4 4 3 3 NONE NONE 5449 Lyndale Ave N 0 2 2 NONE NONE 5313 62nd Ave N 3 1 4 1 1 NONE NONE 08/24/09 Accumulation of 4100 61st Ave N 1 1 2 5 5 rubbish/brush /debris NONE 6012 Zenith Ave N 10 10 1 2 3 NONE NONE 2318 55th Ave N 3 3 3 1 4 NONE NONE 6018 Admiral PI 0 0 NONE NONE 3612 55th Ave N 1 2 9 12 5 2 8 15 NONE NONE 5501 Brooklyn Blvd 2 5 13 20 1 6 19 26 NONE NONE 3706 55th Ave N 0 2 1 3 NONE NONE 3206 Thurber Rd 1 2 3 1 2 3 NONE NONE 3812 Janet La 0 0 NONE NONE 2812 Ohenry Rd 0 0 NONE NONE 03/30/09 Accumulation of rubbish/ brush/ debris 03/30/09 Accumulation ofjunk/ furniture/ appliances 03/30/09 Garage and /or shed needs 5900 Pearson Dr 0 9 9 repair or removal NONE 5101 Eleanor La 5 1 3 9 3 7 10 NONE NONE 5200 Drew Ave N 1 1 2 0 NONE NONE 6712 Beard Ave N 1 1 0 NONE NONE 3019 Mumford Rd 0 1 4 5 NONE NONE 6213 Chowen Ave N 1 1 0 NONE NONE 507 69th Ave N 1 1 1 1 NONE NONE 7 Garbage storage/ 0 /06/09 G g g / removal 07/06/09 Accumulation of rubbish/ 5550 Girard Ave N 3 3 1 1 brush/ debris NONE 7215 Girard Ave N 1 1 2 2 1 1 4 NONE NONE 1807 70th Ave N 2 2 4 1 2 3 NONE NONE City of Brooklyn Center Group Homes 1/2012010 Year Rental Exempt Exempt House p Street Name Type of Facility Owner / Business Name Date of Purchase License # Property Began 3819 France PI Group Home - Adult Foster Care (Female) Robert & Michelle Lindahl 04 /10/2002 1004821 3412 62nd Ave N Group Home - VACANT Shadlyn Cox 12/19/2006 1003719 3901 Burquest La Group Home - Assisted Living Elderly Superior Development Inc. 01/18/2007 1003714 6406 Indiana Ave N Group Home c Adult Males William Coleman 05/31/2002 1003910 3319 Mumford Rd Group Home -Adult Foster Care (M & F) William Coleman 07/15/2002 1004013 2801 66th Ave N Group Home - MDH Housing w /Services Lin Shuang LLC 08/06/2009 1004755 6812 Ewing Ave N Group Home - MDH Class A Prof Home Care Agency George Marshall 05/01/1995 Owner 6018 Halifax PI Group Home - MDH Housing w /Services Fuloso Allison 10/03/2007 Owner 5415B Girard Ave N Group Home - MDH Class A Prof Home Care Agency Audrey Pierson 05101/2004 Owner 6051 Halifax Ave N Group Home - MDH Class A Prof Home Care Agency Ngozi Mbibi 09 /01/2002 Owner 6624 Colfax Ave N Group Home - MDH Class A Prof Home Care Agency Galen Frislie 07/01/1998 Owner 6906 Regent Ave N Group Home - MDH Cert of Reg for Home Mgmt Carolyn Ittner 04/01/2000 Owner 6912 Toledo Ave N Group Home - MDH Class A Prof Home Care Agency Jennifer Ryan 07/01/1988 Owner 4727 Wingard La Group Home - MDH Class A Prof Home Care Agency Tenneh Johnson 05/01/2000 Owner 4106 71st Ave N Group Home - MDH Class A Prof Home Care Agency Currently Bank Owned 06/25/2009 Owner 7243 Morgan Ave N Group Home - MDH Class A Prof Home Care Agency Olivier Nkwonkam 02/01/2005 Owner 7208 Bryant Ave N Group Home - MDH Housing w /Services Felix Neba 08/29/2006 Owner City of Brooklyn Center Group Homes 1/20/2010 Public Safety Calls for Service Public Safety Calls for Service House # Street Name 2009 (Jan 1 -Nov 30) 2008 Code Enforcement Detail 2009 Code Enforcement Detail 2008 MR ,1 . 111 –In" 1" MI -1 0 ,1 10 0, W E 3819 France PI 1 1 1 1 NONE NONE 08/06/09 Tall grass & noxious weeds 06/23/09 Tall grass & noxious weeds 02/15/08 Unlicensed/ Inoperable vehicles 06/25/09 Vacant property 02/15/08 Garbage storage/ removal 3412 62nd Ave N 1 1' 2 2 1 3 09/08/09 Unsecured/ abatement 10/13/08 Tall grass & noxious weeds 10/21/09 Accumulation of junk/ 3901 Burquest La 2 2 2 1 3 6 furniture/ appliances NONE 6406 Indiana Ave N 2 3 5 1 1 NONE NONE 3319 Mumford Rd 3 1 4 1 1 NONE NONE 05/26/09 Tall grass & noxious weeds 2801 66th Ave N 2 2 1 4 5 06/24/09 Vacant property 11/17/08 Foreclosure 6812 Ewing Ave N 9 5 44 58 3 2 22 27 NONE NONE 6018 Halifax PI 0 0 NONE 08/18/08 Garbage storage/ removal 05/27/09 Tail grass & noxious weeds 07/02/09 Vacant property 5415B Girard Ave N S 7 2 14 8 4 10 22 09/03/09 Foreclosure NONE 6051 Halifax Ave N 0 0 NONE NONE 6624 Colfax Ave N 0 1 1 NONE 09/11/08 Unlicensed/ inoperable vehicles 10/19/09 Accumulation ofjunk/ 6906 Regent Ave N 1 2 6 9 0 furniture/ appliances NONE 6912 Toledo Ave N 1 2 3 0 NONE NONE 4727 Wingard La 1 1 0 NONE NONE 06/15/09 Accumulation of rubbish/ brush/ debris 09/28/09 Unsecured/ abatement 11/26/08 Foreclosure 4106 71st Ave N 0 1 4 5 09/29/09 Vacant property 07/09/08 Accumulation of rubbish/ brush/ debris 10/13/09 Accumulation ofjunk/ 07/09/08 Accumulation ofjunk/ furniture/ 7243 Morgan Ave N 1 1 2 2 furniture/ appliances appliances 7208 Bryant Ave N 4 1 11 16 1 1 2 NONE NONE City of Brooklyn Center Group Homes 1/20/2010 Year Rental Exempt Exempt House # Street Name Type of Facility Owner/ Business Name Date of Purchase License # Property Began 3906 Burquest La Group Home - MDH Housing w /Services Lauriant Azangue 11/02/2007 Owner 5200 63rd Ave N Group Home - Adult Foster Care (M & F) Ejimadu Evaristus 08/30/2005 1004016 6007 Washburn Ave N Group Home - Adult Foster Care (Male) Victoria House 02/28/1996 Owner 6939 Major Ave N Group Home - Adult Foster Care (Male) Edith Jones 01/01/1901 Owner 3913 58th Ave N Group Home - Adult Foster Care (M & F) Glenda Jordan 01/01/1901 Owner 7131 Halifax Ave N Group Home - Adult Foster Care (M & F) Open Hands Inc 09/26/2008 1004484 6007 Girard Ave N Group Home - MDH Housing w /Services R & B Management I LLC 10/26/2005 1002867 I City of Brooklyn Center Group Homes 1/20/2010 Public Safety Calls for Service Public Safety Calls for Service House N Street Name 2009 (Jan 1 -Nov 30) 2008 Code Enforcement Detail 2009 Code Enforcement Detail 2008 09/10/09 Tall grass & noxious weeds 06/01/09 Tall grass & noxious weeds 09/01/09 illegal parking/ storage of vehicles 10/07/09 Unlicensed/ inoperable vehicles 10/07/09 illegal parking/ storage of vehicles 10/26/09 Occupancy check/ 3906 Burquest La 1 1 2 5 2 7 unlicensed rental NONE 5200 63rd Ave N 9 2 11 10 5 15 NONE 05/23/08 Tall grass & noxious weeds 6007 Washburn Ave N 1 1 1 1 NONE NONE 6939 Major Ave N 0 0 NONE NONE 11/20/09 illegal parking/ storage of 3913 58th Ave N 1 2 3 0 vehicles NONE 7131 Halifax Ave N 1 2 8 11 5 5 06/15/09 Tall grass & noxious weeds NONE 05/14/08 Not licensed for rental 05/14/08 Unfit 06/13/08 Vacant property 06/20/08 Garbage storage/ removal 06/20/08 Accumulation of rubbish/ brush/ debris 06/20/08 Accumulation of junk/ furniture/ appliances 11/06/08 Accessory buildings - garage and /or 6007 Girard Ave N 2 2 1 2 3 06/23/09 Tall grass & noxious weeds shed needs repair or removal • Work Session Agenda Item No. 5 MEMORANDUM - COUNCIL WORK SESSION DATE: January 20, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development, " SUBJECT: Community Gardens COUNCIL ACTION REQUESTED: City Council direction regarding staff recommendation to develop a community garden site within the XCEL Energy Transmission Corridor and a neighborhood garden site at 5301 James Ave. BACKGROUND: The August 24, 2009 City Council Work Session included a presentation on the Community Garden Programs within the Cities of Hopkins and Brooklyn Park and a general overview of information obtained from the American Community Garden Association on starting a community garden within the City. The majority consensus of the City Council was to direct staff to conduct further exploration, refine the possibilities, and define the structure of a community garden program. Attached for your reference are the minutes of this Work Session discussion and staff memo. COMMUNITY GARDEN PROGRAM: Site Selection: The following sites are being recommended for City Council consideration in the development of a 2010 community garden program: - The XCEL Energy Transmission corridor lying east and west of the Colfax Ave. right of way which has the potential of 100 + garden plots. - The vacant lot at 5301 James Ave. acquired through the EDA's Remove & Rebuild Program has the potential of 10 garden plots. Site Control: EXCEL Energy has indicated a willingness to work with the City on the temporary use of their transmission corridor for community garden plots and has provided the attached Garden Permit for Community. The attached permit is being offered at no cost with a $500 refundable damage deposit. 5301 James Ave was acquired for the EDA by our housing consultant, GMHC, in 2009 and is • the process of being conveyed to the City. 1 Conceptual Plot Layouts: Concepts illustrating on the potential layout of typical 20'x20' • individual garden plots served by a 4' walkway will be prepared by City staff that will also address the following components: - Identification of a water source - Parking areas - Potential location for a rubbish container and optional sanitation facilities /satellite - Identification signage and optional message board - Potential need for decorative landscaping and perimeter fencing. The EXCEL Energy site will also illustrate the potential expansion along the corridor and possible option to acquire interest in adjoining property for a long term or permanent location for this community garden. Program Administration: At this time, program administration would follow the examples provided by the current community gardens operated by the Cities of Hopkins and Brooklyn Park. Existing staff would provide the following administrative tasks for the initial garden program: - Development of Operating Policies, guidelines /rules. Gardner's contract - Development of application - Identify program costs and establish fee - Identify target audience and communication options - newsletter, web, media news - Prepare announcements, advertisement and program promotions - Registration - Communicating with gardeners: o Introduction - Kick Off - information on gardening (supplies, etc.) o Exchange of information on gardens o Updates o Harvest time o Fall enroll for next season o Clean up /off season (late October) A portion or all of these activities could be shifted to a garden association or a seasonal volunteer as the programs develops. Garden Plot Development /Preparation: The annual work activities associated with creating a community garden include: clearing /clean -up of the site, staking and identification of the plots, tilling the soils, and providing a watering source and rubbish containers. Perimeter fencing, sanitation, and wood chips for the walkway appear to be optional. Establishine a Rental Fee: The Hopkins and Brooklyn Park programs have established a garden plot rental fee that covers their City out of pocket costs associated with soil preparation /tilling, staking & identification of the plots, rubbish and sanitation. The City of Brooklyn Park also made capital improvements to their garden plots (water service and perimeter fencing to keep the deer out). . 2 • The rental fee in Hopkins is $12 for their 185 plot garden and the fee in Brooklyn Park is $50 for their 80 plot garden. Budget Issues: A rental fee to cover the City's out of pocket expenses will be projected for each of the garden sites. Modifications to the site preparations completed by the City may be necessary pending on the total number of garden plots to keep the rental fees in the $12 to $50 range. The garden development concepts will also identify the potential expansion opportunities which would require capital improvements and involve other sources of funding that are unknown at this time. COUNCIL POLICY ISSUES: Does the City Council wish to proceed with a community garden program within the XCEL Energy transmission corridor at Colfax Ave? Does the City Council wish to proceed with establishing neighborhood garden plots at 5301 James Ave? 3 LOGISMap Output Page Page 1 of I City of Brooklyn Center "d mom suet Nano LAtmis ftwwftry SWICOft FmAp"nu LaMs, I Stream Parks F Pattals bm" N ---------- . ......... A 7 57TH AVE N _... _._..� i I I s i x K I i i � • • -------------- E3 ......... . .. . . ........ f f ---------- A " CO. of m B BROOKLYN 0( CENTER http://gis.logis.org/LOGIS ArcIMS/ims?ServiceName=bc 1/20/2010 Garden Permit For Community Use This Garden Permit ( "Permit ") is entered into effective as of the date stated below, by and between Northern States Power Company, a Minnesota corporation, d /b /a Xcel Energy ( "NSP ") and City of Brooklyn Center, its successors and assigns ( "Grantee "). WHEREAS, NSP owns a transmission line right -of -way ( "Right -Of- Way ") in fee simple absolute which is located north of and adjacent to Colfax Avenue North, Brooklyn Center, Minnesota, and WHEREAS Grantee desires to utilize a ortion of the Right-Of-Way p h Right Of Way for garden purposes, and WHEREAS, NSP is agreeable to granting to Grantee a permit for garden purposes on a portion of the Right -Of -Way described as follows: The North Seventy-five feet of Lots 20, 21, 23 and 24 in Gould's Riverview Addition, Hennepin County, Minnesota, according to the duly recorded plat thereof on file and of record in the Office of the Register of Deeds in and for the County of Hennepin and State of Minnesota. and hereinafter referred to as the "Permit Area% subject to the terms and conditions hereinafter set forth. NOW THEREFORE, NSP, hereby grants unto Grantee, a permit to use the Permit Area for garden purposes in consideration of and subject to the following conditions: 1. Upon execution hereof, Grantee shall deposit with NSP $500.00 as a damage deposit, which deposit shall be refundable to Grantee upon termination of this Permit as provided for herein and upon restoration of the Permit Area to a grass field. 2. Use of the Permit Area by Grantee shall not interfere with NSP's utilization of its property in any way. 3. Grantee shall be responsible for obtaining any permits from the City of Brooklyn Center, Minnesota or from an other governmental entity required to use the Permit Y 9 Y 4 Area for the ur oses ranted herein. Grantee P p g shall maintain and keep the Permit Area in an orderly manner consistent with garden use and in compliance with all pertinent laws, codes and ordinances. 4. No permanent or temporary structures and no trees or shrubbery with a mature height in excess of 15 feet shall be located on the Permit Area. . 5. No ground elevation changes shall be made within the Permit Area. a 6. No equipment or materials shall be stored on the Permit Area. 7. No motorized vehicles, recreational vehicles or trailers shall be parked or stored on the Permit Area. 8. Grantee shall assume all liability and indemnify and compensate NSP for any injury or damage to persons or property, including NSP's property or employees, resulting from the use of the Permit Area by Grantee, its agents or invitees. Grantee shall defend, indemnify and save harmless NSP against all actions, claims, damages or demands which may be brought or made either against NSP or against NSP's interest in the Permit Area by reason of anything done by Grantee in the exercise or purported exercise of the rights and privileges granted herein. 9. The rights granted herein may not be assigned, leased or sold by Grantee. 10. Nothing herein contained shall be deemed to restrict in any way the continued use of the Permit Area by NSP for its purposes. Grantee is liable for any property or landscaping of Grantee damaged or destroyed by NSP during maintenance, repair, upgrading, construction or re- construction of its facilities or appurtenances thereto upon the Permit Area. 11. This Permit shall remain in effect unless 1) terminated by NSP or Grantee by 30 days' notice to the other party; 2) Grantee no longer occupies the residential lot adjacent to the Permit Area; or 3) revoked for cause by NSP. This Agreement incorporates all agreements and stipulations between the parties and no prior representation or statement, verbal or written, shall modify, add, or change the terms hereof. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the day of 2010. NORTHER STATES POWER COMPANY GRANTEE By: B Its: Its: This Instrument was drafted by: BJA Northern States Power Company 414 Nicollet Mall MP -8 Minneapolis MN 55401 2009.434 a Page 2 of 2 09/21/04 kab S: \General- Offices- GO- Trans\SLR- Project- Warehouse\ Completed_ Projects\ WIP \Transmission\0804�211180112009 .434, City of Brooklyn Center Garden Lease.doc I ry ( JI M r M 1 M • w N r iC IO .� ryry V V �... V V � V• V V w tc•mr X 91 91 Pt �.� ._._.N ..� : ,.... ._..... u •lam " � ..,�� � a lo'L ► �t j a st st it s1 i n V ' •,: ►l :DG ►F to � d' Ir'L' /C'I1 1►'t4 MCaY �. A 1 re r♦$ A A �. #.�i31i1r7� ./ C V � U.1 � � •• � �•i h � � YI r � y ' V V v 4. 1 Y4 rr•ff ec•r Klu ,. y ►�. . �� .1 k+ i� it N V LI ar CZ .. « »..., »............• p11..... « «.. «.../ ((i'0 0}11.11) I I r • J �1 PJ9dfl� fo'fac l ( I of a � I. LY 41 WIL i1 toll 61 Yl fill • aH NN FlN v - .. –'- 10 INVD •h v v v — � YMAIl LOGISMap Output Page City of Brooklyn Center .................... ....... 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SnW AVE K ... ...... ............. ......... . ........... ..... .............. ... ... . ...............__ i it ... ..... . ........ ... ............... i .. .......... . ....... . . ............ . ... ------- --- W. > .. ... ......... .. . ...... ....... . .................... . . .......... ...... f r 0 9 ............ ........ . .. ........... ..... ... ... . . ..... ........... .......... .... .... . .........._...a ...... . . ............... --------------- -- . ............ ......... .............. ............. ..... ...... - - ------- ------ *--i ................... ...... ----- — -------- . .......... ... ..................... ._........_. .........,...__.,......_._.._:+ . ........ . .......... 'IFW AVE K 241; w, PID:0211821440054 itv of 3 rB)R?OOKLYN C 5301 3ames Ave N CENTER Brooklyn Center, MN 55430 • Councilmember Yelich requested an update from staff on a timeline to address Council's direction to prepare sign ordinance implementation guidelines. City Manager Curt Boganey indicated his intent is to include this topic on the next City Council meeting agenda. COMMUNITY GARDENS — COUNCILMEMBER LASMAN Councilmember Lasman stated she has been approached by residents showing an interest in creating a community garden program in the City. She had provided Mr. Boganey with information provided by the Metropolitan Council on community gardens and information she obtained from the Public Works Director in the City of Hopkins. Mr. Boganey assigned additional information gathering on community gardens to Mr. Eitel. Director of Business and Development Gary Eitel provided a presentation on community gardens. The presentation included photos and information on Valley Park in the City of Hopkins and Eidum Historic Farmstead in the City, of Brooklyn Park. W. Eitel presented an outline on starting a community garden provided by the American Community Garden Association. He presented photos on potential garden plot sites: Xcel Energy Transmission Line Corridor; Northbrook Church Site; Odyssey Charter School Site; Willow Lane School and Park; and 70 Avenue — Adjacent to Willow Lane Apartments. Mr. Eitel requested discussion and direction on the position of the City Council regarding the City's role in promoting, facilitating, or developing community gardens. He indicated it should _ be noted that there are potential savings associated with a community garden. The City spends approximately $350 for each mowing at 57 and Logan Avenues; this property is normally mowed five to six times per season. There was discussion on the following topics in relation to creating a community garden program: • Examples of community gardens in other municipalities • Costs associated with the program would be covered by the rental fee for garden lots • American Community Garden Association Fact Sheet • Importance of including clear expectations in lot agreements • Possible issues associated with water accessibility for locations that are not adjacent to the river or creek Each member of the City Council stated support for consideration of creating a community garden program. The majority consensus of the City Council was to direct staff to conduct further exploration, refine the possibilities, and define the structure of a community garden program. Mr. Boganey indicated staff will present Council with analysis and options for consideration. ADJOURNMENT i 1 08/24/09 -2- DRAFT • MEMORANDUM - CITY COUNCIL WORK SESSION DATE: August 18, 2009 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development�-� SUBJECT: Discussion on Community Gardens COUNCIL ACTION REQUESTED: City Council discussion and direction regarding the City's role in either promoting, facilitating, or developing community gardens. BACKGROUND: At the April 27th informal open forum, the City Council received a request by a resident for the City to consider assisting in the creation of a community garden program. As a follow up to this request, staff has been obtaining information on community gardening in • preparation for a future report to the City Council. Subsequently, Council Member Lasman requested that a discussion on community gardens, including a review of the City of Hopkins's garden program, be placed on a future work session agenda. On August 14th, I visited the City of Hopkins community garden that is located in a passive part of a large neighborhood park, Valley Park, that parallels Nine Mile Creek. This community garden provides 185 garden plots (20'xZ0j that the City offers to residents for an annual plot fee of $12.00 per year. The role of the City of Hopkins includes tilling of the land in the Spring, providing sanitary facility (satellite) at the site, waste containers, and coordinates the registration, plot staking, communications to gardners and year end clean up. The gardeners are responsible for either drawing or pumping water from the creek. The Hopkins's Asst. City Manager indicated that the City has managed this community garden for approximately 30 years, individuals are limited to a maximum of 5 garden plots, that residents receive the first option, that they have riot experienced disputes amongst the gardners, and that all of the plot were rented in 2009. Photos of this community garden will be presented at the meeting. Additionally, this year the City of Brooklyn Park created a community garden as part of the Eidem Historic Homestead site, a 10 acre farmstead maintained to provide a living record of farm life in Minnesota during the years of 1890 to 1910. The City tilled two areas that • i •- provide a total of 80 � 20 arden lots 'x20 ' and extended water service to serve the g P ) gardens. The city fee is $50 per plot with a limit of 1 plot per household, unless additional lots are available after the new rental period. The Director of Recreation and Parks indicated that all plots were rented this year and that the City has not experienced any problems, other than the need to erect deer fences to protect the garden plots. He also noted that the gardners have requested to do their own tilling next year A search on the internet included numerous sites in both the U.S. and Canada on community gardening including The American Community Gardening Association which is celebrating their 25th Anniversary and uses the theme, "Building Communities Through Greening ". This web site provided a fact sheet on basic information needed for a gardening project which has been attached for reference. Potential Garden Plot Sites: A review of the City aerial photos indicates that there are several areas that are privately owned that are under developed and could be possible candidates for this type of an activity; such as the transmission line which runs parallel to 57th Ave. Also churches and schools often have open space areas that are not actively used or reserved for a future use. The City /EDA has commercial sites that have been acquired to promote redevelopment that may be appropriate for an interim use of gardening and an opportunity to defer the annual maintenance costs associated with mowing and site cleanup. Additionally, there may be an opportunity to provide scattered sites throughout the community though the use of the City's Remove & Rebuild Program for blighted foreclosed homes. Policv Ouestion: Should staff further pursue the development of a community garden program? American • Community Starting a Community Garden This fact sheet is designed to give many different groups the basic information they need to get their gardening project off the ground. These fists are in no way meant to be complete. E�ach main Gardening idea will probably trigger more questions, so an assortment of ways to carry out that idea are presented; pick and choose those that seem to apply to your own situation. Association FORM A PLANNING COMMITTEE • Determine if there really s a need and desire fora amen. Y g • What kind of garden— vegetable, flower, trees, a combination? �� • Who will the garden serve —youth, seniors, special populations, people who just want an A altemative to trash? • If the project is meant to benefit a particular group or neighborhood, it is essential that the group be involved in all phases. • Organize a meeting or social gathering of interested people. • Choose a well- organized leadership team. • Make a list of what needs to be done. • Decide on a malting address and central telephone number(s). Try to have at least 3 people Building who are very familiar with all pertinent information. Form a telephone tree. • Find a garden site. Communities • Obtain lease or agreement from owner. • Determine a source of water. Through • Form committees to accomplish tasks: Funding & Resource Development; Youth Activities; Construction; Communication. Gro ming • Approach a sponsor. A sponsor is an individual or organization that supports a community garden. Site sponsorship can be a tremendous asset Contributions of land, tools, seeds, fencing, soil improvements or money are all vital to a successful community garden. Some community gardens can provide most of their provisions through fees charged to the membership; but for many, a garden sponsor is essential. Churches, schools, citizens groups, • private businesses, local parks and recreation departments are all potential supporters. Community Development Block Grants are sometimes available through your municipality. • If your community garden has a budget, keep administration in the hands of several people. • Choose a name for the garden. CHOOSE A SITE • Identify the owner of the land. • Make sure the site gets at least 6 full hours of sunlight daily (for vegetables). • Do a soil test in the fall for nutrients & heavy metals. • Consider availability of water. • Try and get a lease or agreement which allows the space to be used at least for 3 years. • Consider past uses of the land. Is there any contamination? • Is insurance something you need to consider? PREPARE AND DEVELOP THE SITE • Clean the site. • Develop your design. • Gather your resources —try to gather free materials. • Organize volunteer work crews. • Plan your work day. • Decide on P lot sizes, mark plots clearly with gardeners names. • Include plans for a storage area for tools and other equipment, as well as a compost and event areas. • Have a rainproof bulletin board for announcing garden events and messages. • Arrange for land preparation — plowing, eto--or let gardeners do their own prep. • Will the garden be organic? • Lay out garden to place flower or shrub beds around the visible perimeter. This helps to promote good will with non - gardening neighbors, passersby, and municipal authorities. s • ORGANIZE THE GARDEN • Are there conditions for membership (residence, dues, agreement with rules)? • How will plots be assigned (by family size, by residency, by need, by group— i.e., youth, elderly, etc.)? • How large should plots be (or should there be several sizes based on family size or other factors? • How should plots be laid out? • If the group charges dues, how will the money be used? What services, if any, will be provided to gardeners in return? • Will the group do certain things cooperatively (such as turning in soil in the spring, planting cover crops, or composting)? • When someone leaves a plot, how will the next gardener be chosen? • How will the group deal with possible vandalism? • Will there be a children's plot? • Will the gardeners meet regularly? If so, how often and for what purposes? • Will gardeners share tools, hoses, and other such items? • How will minimum maintenance (especially weeding) be handled both inside plots and in common areas (such as along fences, in flower beds, and in sitting areas)? • Will there be a set of written rules which gardeners are expected to uphold? If so, how will they be enforced? • Should your group incorporate and consider eventually owning your garden site? INSURANCE It is becoming increasingly difficult to obtain leases from landowners without obtaining liability insurance. Garden insurance is a new thing for many insurance carriers and their underwriters are reluctant to cover community gardens. It helps if you know what you want before you start talking to agents. Two tips: you should probably be working with an agent from a firm which deals with many different carriers (so you can get the best policy for your needs) and you will probably have better success with one of the ten largest insurance carriers, rather than smaller ones. SETTING UP A NEW GARDENING ORGANIZATION Many garden groups are organized very informally and operate successfully. Leaders "rise to the occasion" to propose ideas and carry out tasks. However, as the work load expands, many groups choose a more formal structure for their organization. A structured program is a means to an end. It is a conscious, planned effort to create a system so that each person can participate fully and the group can perform effectively. It's vital that the leadership be responsive to the members. Structure will help an organization to last; it will promote trust it will help your group grow and create new opportunities for leaders to develop. If your group is new, have several planning meetings to discuss your program and organization. Try out suggestions raised at these meetings and after a few months of operation, you'll be in a better position to develop bylaws or organizational guidelines. A community garden project should be kept simple as possible, whether large or small. Bylaws are rules which govern the Internal affairs of an organization. They are required when you form a nonprofit corporation, but are useful even if your group is a club or a group of neighbors. Many battles are won simply because one side has more pieces of paper to wave than the other. Its helpful to look over bylaws from other similar organizations if you are incorporating. Guidelines and Rules (see TROUBLESHOOTING for examples) are less formal than Bylaws, and are often adequate enough for a garden group that has no intention of incorporating. Organizational Considerations: • What is your purpose? What are your short and long4emt objectives? • How are decisions to be made? Who chooses leaders and how? • How will work be shared? Who does what? • How will you raise money? Membership dues, fund raising, grants, sponsors? • Are you open to change? Flexibility is important when goals and members change. Do you want to be Incorporated or act as a club? I • What goes Into formal Bylaws: • Full official name of organization and legal address. • The purpose, goals and philosophy of the olganization. • Membership categories and eligibility requirements. • Membership dues, how much and when paid. • Specify when and how often regular or special meetings of the membership are to be held, as well as regular and annual meetings of the board of directors. • State what officers are necessary, how they are chosen, length of term their duties and how vacancies are filled. • State special committees, their purpose and how they operate. • Establish a system so that bylaws can be rescinded or amended, maybe by a simple majority. State any official policies or practices: e.g.. garden group will avoid the use of hazardous substances; group will agree to keep all adjacent sidewalks in good repair and free of ice and snow In season; group will make all repairs necessary to keep equipment, fences and furniture in good order and repair. • Include a Hold Harmless clause (sample): "We the undersigned members of the (name) garden group hereby agree to hold harmless (name owner) from and against any damage, loss, liability, claim, demand, suit, cost and expense directly or indirectly resulting from, arising out of or in connection with the use of the (name) garden by the garden group, its successors, assigns, employees, agents and invites." For more Information on whether to incorporate as a non -profit corporation (a state function) or to apply for tax deductible charitable (501(c)3) status (a federal IRS function), go to the following wsbsites: www. fdneenter.ora/leamffaas /startina nonor9fit.htmi. www.nolo.comrndex.cfiri (in the Business & Human Resources section, select nonprofit organizations) www.toci.com/maaazina/96summeritobal.aSD, HOW TO MANAGE YOUR COMMUNITY GARDEN In order to offer a high quality community garden program, good management techniques are essential. Included in this fact sheet are the main ideas to consider In management, along with many different ways to carry them out • Having written rules is very important with older groups as well as new gardens, since they spell out exactly what is expected of a gardener. They also make it much easier to eliminate dead wood should the need arise. Sample Guidelines and Rules Some may be more relevant to vegetable gardens than to community flower gardens or parks. Pick and choose what best fits your situation. • 1 will pay a fee of $_ to help cover garden expenses. • I will have something planted in the garden by (date) and keep it planted all summer long. • If I must abandon my plot for any reason, I will notify the garden leaders. • I will keep weeds down and maintain the areas Immediately surrounding my plot if any. • If my plot becomes unkempt, I understand I will be given 1 week's notice to dean it up. At that time, It wlll be re- assigned or tilled in. • I will keep trash and litter leaned, from the plot, as well as from adjacent pathways and fences. • I will participate in the fall cleanup of the garden. • 1 will plant tall crops only where they will not shade neighboring plots. • 1 will pick only my own crops unless given permission by another plot user. r weed • 1 will not use fertilizers, insecticides o repellents that will in any way affect other plots. I agree to volunteer hours toward community gardening ardenin efforts (include a list of volunteer tasks which your • re garden needs). • 1 will not bring pets to the garden. • I understand that neither the garden group nor owners of the land are responsible for my actions. I THEREFORE AGREE TO HOLD HARMLESS THE GARDEN GROUP AND OWNERS OF THE LAND FOR ANY LIABILITY, DAMAGE, LOSS OR CLAIM THAT OCCURS IN CONNECTION WITH USE OF THE GARDEN BY ME OR ANY OF MY GUESTS. Application Forms Application forms can include any of the following information: Name(s) Address Telephone number. Days Evenings Site Preference: 1.2. 3.4. Size of plot. (fist choices available) Season: Year round (must be maintained all year) Short season (include dates) Check the appropriate items: • I am a senior citizen • I am physically disabled • This Is my first year at this garden • I would Ike a garden next to a friend, Name • I have gardened here before and would like plot # if available • I have gardened before at (where?); for how long? TROUBLESHOOTING Vandalism is a common fear among community gardeners. However, the fear tends to be much greater than the actual incidence. Try these proven methods to deter vandalism: • Make a sign for the garden. Let people know to whom the garden belongs and that it Is a neighborhood project. • Fences can be of almost any material. They serve as much to mark possession of a property as to prevent entry, since nothing short of razor -wire and land mines will keep a determined vandal from getting in. Short picket fences or turkey wire will keep out dogs and honest people. • Create a shady meeting area in the garden and spend time there. • Invite everyone in the neighborhood to participate from the very beginning. Persons excluded from the garden are potential vandals. • Involve the neighborhood children In teaming gardens. They can be the garden's best protectors. • Plant raspberries, roses or other thorny plants along the fence as a barrier to fence climbers. • Make friends with neighbors whose window overlook the garden. Trade them flowers and vegetabies for a protective eye. • Harvest all ripe fruit and vegetables on a daily basis. Red tomatoes falling from the vines Invite trouble. • Plant potatoes, other root crops or a less popular vegetable such as kohlrabi along the side walk or fence. Plant the purple varieties of cauliflower and beans or the white eggplant to confuse a vandal. • Plant a "venders garden" at the entrance. Mark it with a sign: "If you must take food, please take it from here. Children's Plots • Children included in the garden process become champions of the cause rather than vandals of the garden. Therefore your garden may want to allocate some plots specifically for children. The "children's garden" can help market your Idea to local scout troops, day cares, foster grandparent programs, church groups, etc. • Consider offering free small plots in the children's garden to children whose parents already have a plot in the garden. People Problems and Solutions Angry neighbors and bad gardeners pose problems for a community garden. Usually the two are related. Neighbors complain to municipal governments about messy, unkempt gardens or rowdy behavior, most gardens can li afford poor relations with neighbors, local politicians or potential sponsors. Therefore, choose bylaws carefully so you have procedures to follow when members fail to keep their plots clean and up to code. A well - organized garden with strong leadership and committed members can overcome almost any obstacle. t • RESOURCES Horticultural information: • Cooperative Extension Service in your county • Garden Clubs • Horticultural Societies • Garden Centers Seeds: • America the Beautiful Fund 219 72515th Street, NW, Suite 605, Dept AG, Washington, DC 20005 (202)636 -1649 htto:// www. freeseeds .us/OogrationGPfbrrn.html • Garden Centers and Hardware Stores Bedding plants: • Local nurseries • Vocational -Tech Horticulture Department • High school Horticulture classes • Parks Department Websites: httD:// celosanaeles .ucdavis.eduloarden/artic startup aulde.html httD:// cplosangples.ucdevis /articles /school startuo nuida.html httD : / /elca.oroldcslstardnq.html htto: / /nnninfo.orafindex.Dha?a =guide ih :l/ www. urbgnrarvest .gmlgommunity/howtostart.�r i httD : //www.foodshare.net/toolbox month07.htrn htto.// aeson. nitaers .edu /— niuso /0df /Comrnaard.odf i • Work Session Agenda Item No. 6 r • MEMORANDUM - COUNCIL WORK SESSION DATE: January 21, 2010 TO: Brooklyn Center City Council FROM: Curt Boganey, City Nya- SUBJECT: Meetings with Commissions COUNCIL ACTION REQUIRED Staff is seeking direction regarding the establishment of meetings with the commissions of the City. Council. BACKGROUND The City Council /Charter has established the following advisory commissions to the City Council 1. Charter Commission 2. Financial Commission • 3. Housing Commission 4. Parks and Recreation Commission 5. Planning Commission The Minutes from the November 9 2009 Study Session reflect the following: Councilmember Roche stated at the Housing Commission meetinv- there was discussion on the idea of holding_ an oven house in December with the Citv Council invited to attend. It was noted that in the east there have been ioint work sessions and meetings with the different commissions making Dresentations to the Citv Council. Council Members stated support of meeting with the Citv boards and commissions. Based on this Council Consensus, a discussion item has been added to the agenda so that Council can decide if and when meetings with the Commissions should be held. The Council may wish to discuss the expected outcomes, the meeting format, and specific and or general agenda topics. Following council direction commissions may be notified and meetings scheduled. • COUNCIL POLICY ISSUES Will meeting ith the Council advisory commissions improve the working relationship and • g rY P g P effectiveness of the Council and Commissions? • •