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HomeMy WebLinkAbout2010 11-08 CCP Regular Session AGENDA is CITY COUNCIL STUDY SESSION November 8, 2010 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 CITY COUNCIL MEETING City of Brooklyn Center November 8, 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. October 25, 2010 — Study Session 2. October 25, 2010 — Regular Session 3. October 25, 2010 — Work Session 4. November 1, 2010 — Joint Work Session with Financial Commission b. Licenses 7. Presentations/ Proclamations /Recognitions/Donations None. 8. Public Hearings None. CITY COUNCIL AGENDA -2- November 8, 2010 9. Planning Commission Items None. 10. Council Consideration Items a. Consideration of Type IV 6 -Month Provisional Rental License for 5307 Emerson Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. b. Consideration of Type IV 6 -Month Provisional Rental License for 3112 Quarles Road Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. C. Consideration of Type IV 6 -Month Provisional Rental License for 419 67 Avenue N Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. 11. Council Report 12. Adjourn Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. Resolution Establishing Fees for Community Garden Plots in the City of Brooklyn Center 0 —This item was tabled at the May 10, 2010, meeting. EDA MEETING City of Brooklyn Center • November 8, 2010 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. October 25, 2010 — Regular Session 4. Commission Consideration Items • a. Resolution Authorizing the Acquisition of Property in Connection with the Remove and Rebuild Program (5400 Bryant Avenue North) Requested Commission Action: — Motion to adopt resolution. 5. Adjournment • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 8, 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. Firehouse Park Update -Kevin 2. Garbage Hauler Report - Steve 3. City Council Retreat- Curt 4. Housing Improvement Area Policy PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Junk and Inoperable Vehicles Update — Back Yard Parking- November 22 2010 2. Centennial Request- EBHC 3. Sister City Update S 4. Strategic Outcome Reports 5. 2011 Brooklyn Center Celebration Update 6. Neighborhood Designations 7. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 8. Brookdale Mall Update 9. Department Year End Reports 10. Active Living Program 11. Community Schools Update 12. Hwy 252 update — February 13. Graduated Sanitary Utility Rate Study • City Council Agenda Item No. 6a • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 25, 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 6:02 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, City Clerk Sharon Knutson, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS With regard to Item 6c Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2009 -01, 02, 03, 04, 09, 11, and 12, 2009 Neighborhood Street and Utility Improvements (Aldrich Area), James Circle Watermain Relocation, Centerbrook Golf Course Watermain Improvements and Emergency Bypass for Lift Station No. 6, City Manager Curt Boganey in response to an inquiry from Councilmember Ryan, the Council may want to consider establishing a policy addressing liquidated damages; however, he would caution that if the policy is too rigid, contractors may start to build the policy into their pricing. He explained that staff met to discuss the amount of liquidated damages and agreed that $50,000 was consistent with the contract, fair to all concerned, and an amount that would avoid a protracted litigation that would follow if the amount was higher. Mr. Boganey felt this level of liquidated damages would send the correct message to this contractor and other contractors that the City takes this matter seriously. The Council thanked Mr. Boganey for providing additional information on this matter. MISCELLANEOUS Councilmember Roche reported that about 200 feet of the bicycle trail, between Bass Lake Road and the marsh on Shingle Creek Parkway, is in very poor condition. He asked when signage will be installed. Mr. Boganey will check and report back on timing. 10/25/10 -1- DRAFT Councilmember Roche stated it looks like there is room for a shelter on Shingle Creek Parkway, 50 feet north of Bass Lake Road. Councilmember Roche described the "Yield to Pedestrian" signage being used by other municipalities and suggested staff look into the select placement of this type of signage in locations where vehicles do not yield, such as by Shingle Creek and Evergreen Park. The Council agreed to direct staff to look into the use of "Yield to Pedestrian" signage and report back. Mayor Willson asked about the incident with a pedestrian in a crosswalk at Highway 252 and 65 Avenue. Mr. Boganey stated he had received no response so he will follow up. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS FIREHOUSE PARK UPDATE Due to absence of Police Commander Tim Gannon to attend a funeral, Mr. Boganey noted this item will be presented at the next meeting. GRADUATED SANITARY UTILITY RATE STUDY Director of Fiscal and Support Services Dan Jordet explained that interest was expressed in developing a consumption based sanitary sewer rate that can address the differentiation between lower occupancy residential properties and higher occupancy properties. He described water rate structures used by other cities, noting a consumption charge was based on an average of water usage during non -lawn watering months. Mr. Jordet presented a chart containing examples of different household size scenarios, water usage per quarter, and explained how to calculate an average water usage that could be the basis for sewer usage. Mr. Jordet explained that by using the more reliable readings of water consumption generated by the new meter reading system installed in 2009, it is now possible to develop a consumption based sanitary sewer rate that can address the differentiation between lower occupancy residential properties and higher occupancy properties. Mr. Jordet reviewed fixed charges including personnel, operations, Metropolitan Council charges, depreciation, debt and capital, and explained how to use personnel plus operations plus actual or average capital to determine the fixed charge. Councilmember Yelich noted the sewer billing would be based on last year's data. Mr. Jordet stated that is correct and the only other way is to install a separate metered service for outside water usage. He reviewed the lawn watering calculations distinction for different scenarios and explained that if the home had been vacant the previous year, a minimum charge would be used. Councilmember Ryan asked if there are fixed costs per unit of waste water treated by the Met Council. Mr. Jordet stated that is not a fixed charge, it is a rate charged against a variable flow. • 10/25/10 -2- DRAFT A fixed charge is for costs incurred even if the system is not being used. Councilmember Ryan stated his concern is that the administrative costs are not too high to create a more nuanced billing system. Mr. Jordet stated staff will have to determine the capabilities of the billing software. Councilmember Roche asked if a graduated sanitary sewer billing is an evolution of the process to improve tracking of water usage. Mr. Jordet explained that an advantage of the new meters was to get more regular and accurate readings so if the City wanted to base the sanitary sewer charge on water usage, it would be more accurate. A graduated sanitary sewer billing was one of the ideas to pursue when the new water meters were being considered. Councilmember Lasman stated this has been talked about for a long time and the new metering system now provides a more accurate reading on water usage so the City also has a better reading on sanitary sewer usage. She felt this was a natural next step in that process and believes it is equitable and fair because it is a user fee. She stated the City will need to determine how to implement, noting this is not intended to be a new revenue stream but would shift the cost among users. Mayor Willson asked if this is enough data to plan out 15 years. Mr. Jordet stated staff can do projections out 15 years but anything beyond 3 years will need to be updated each year. Mayor Willson noted that the availability of better data allows for better projections. He stated his agreement with Councilmember Lasman that user based fees are equitable. Councilmember Roche concurred and noted this is a natural evolution. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:43 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Roche seconded to reconvene the Study Session at 6:53 p.m. Motion passed unanimously. GRADUATED SANITARY UTILITY RATE STUDY — CONTINUED Discussion continued on the graduated sanitary utility rate study. Mr. Boganey explained this item was originally discussed as a matter of fairness and equity. He noted the Metropolitan Council charges represent a dramatic cost to the system and are based on the flow of water so an argument can be made that it is a reasonable approach for the City to also use a fee that is based on the flow of water. 10/25/10 -3- DRAFT The Council noted that considering graduated sewer utility rates will create another incentive for water conservation, which will also meet the State's mandate to encourage conservation. Mr. Jordet presented the summary of impacts, noting a minimum charge would be established. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:58 p.m. Motion passed unanimously. • 10/25/10 -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 OCTOBER 25, 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, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. p Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Y Sarah Topoh, 4207 63` Avenue N., invited the Council to attend a fundraising event on October 30, 2010, from 5 -11 p.m., that will be hosted by American Love Drive for Africa. Diane Sannes, 7006 Willow Lane N., reported that she often leads tours through Brooklyn Center and thanked Code Enforcement staff for the excellent job they are doing to eliminate blight. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 2. INVOCATION Rev. Rachel Morey, Brooklyn United Methodist Church, provided 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 7:00 p.m. 10/25/10 -1- DRAFT 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 Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Roche seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 11, 2010 — Study Session 2. October 11, 2010 — Regular Session 3. October 11, 2010 — Work Session 6b. LICENSES LIQUOR — OFF -SALE 3.2 PERCENT MALT LIQUOR Northern Tier Retail LLC dba SuperAmerica #3192 6950 Brooklyn Boulevard dba SuperAmerica #4058 1901 57 Avenue N. dba SuperAmerica #4160 6545 West River Road MECHANICAL Heating and Cooling Solutions 21461 Aberdeen Street NE, East Bethel Hendrick's Mechanical LLC 16730 County Road 6, Plymouth Joel Smith Heating & AC 13915 Lincoln St., Suite E. Ham Lake Nasseff Mechanical Contractors, Inc. 122 S. Wabasha St., Suite 101, St. Paul Total Comfort 4000 Winnetka Avenue N., New Hope RENTAL — STANDARDS PRIOR TO MARCH 6.2010 3906 61 Avenue N. I Lucky Igbinoba RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 3613 Commodore Drive Charles Bright 6538 Ewing Avenue N. TuUyen Tran • 10/25/10 -2- DRAFT I ' 6649 Xerxes Place N. Lane Schwartz RENEWAL YPE III —one-year ear license) �' y 5746 Irving Avenue N. Kathy Becker RENEWAL (TYPE II — two-year license) 5341 Girard Avenue N. Jeremy Robertson 5400 Sailor Lane Duane Christiansen RENEWAL (TYPE I — three-year license) 4110 Lakebreeze Avenue Daniel Mazzuco 7111 Riverdale Road Allan & Vicki Olson 5418 70 Circle Doug Wahl 4953 Zenith Avenue N. Jerry Rath 6c. RESOLUTION NO. 2010 -140 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2009 -01, 02, 03, 04, 09, 11 AND 12, 2009 NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS (ALDRICH AREA), JAMES CIRCLE WATERMAIN RELOCATION, CENTERBROOK GOLF COURSE WATERMAIN IMPROVEMENTS AND EMERGENCY BYPASS FOR LIFT STATION NO.6 Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING OCTOBER 25, 2010, TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY City Manager Curt Boganey presented the proclamation to designate October 25, 2010, as Random Acts of Kindness Day. Councilmember Lasman moved and Councilmember Ryan seconded to approve Proclamation Declaring October 25, 2010, to be Designated as Random Acts of Kindness Day. Mayor Willson recited the above proclamation. Motion passed unanimously. 7b. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY Councilmembers read the nominations for the Random Acts of Kindness nominees. Mayor Willson presented certificates to the present nominees. Nominees are as follows: Amaya . Basumatary, Diane Sannes, Pastor M. Evans and Pastor R. Morey of the Brooklyn United 10/25/10 -3- DRAFT Methodist Church, Friends of the Brookdale Library, Dana Anderson of Brooklyn Center Cub Foods, Halley Anderson, Tom Broom, Wade Skoglund, Chad and Kari Tolifson, Greg and Pam Osborn, Gary and Mavis Kuensting, Larry Saas, Delores Racette, Julia Khadar, Brooklyn Historical Society, Earle Brown Terrace, Jeff and Penny Kreutter, Sam, Molly, and Amanda Adam, Nick Nicklaus, Paul Engelman of Brooklyn Center UPS Store, Tou Xiong, Leone Howe, Sue and Janel Broman, Brooklyn Center Lions, Earl and Ruthanne Simons, Brooklyn Center Lions, Half Price Books, Leah Wellnitz of Embassy Suites, Arlene Swanson, Jill Dalton, Allan Hancock, Larry Jackson, and Richard Klick. 7c. BROOKLYN CENTER BUSINESS ASSOCIATION — DONATION TO CENTENNIAL CELEBRATION COMMITTEE Mr. Boganey introduced the item and recommended the Council accept the donation from the Brooklyn Center Business Association (BCBA) in support of the 2011 Centennial Celebration. Lauri Winters, representing the BCBA, presented a check in the amount of $750 from their fundraising efforts. Keith Lester, Centennial Celebration Committee Chair, accepted the check on behalf of the City and extended his appreciation. Councilmember Lasman moved and Councilmember Ryan seconded to accept the donation to the Centennial Celebration Committee. Motion passed unanimously. • 8. PUBLIC HEARING - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS - None. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following: • October 17, 2010, Politics and Religion Forum at the Brooklyn United Methodist Church that was led by Rev. Morey. • October 19, 2010, Park and Recreation Commission meeting. The topic of tobacco use at City parks will be discussed at its November meeting. • 10/25/10 -4- DRAFT • October 24, 2010, Domestic Violence Awareness event at the Congregation of the City of Praise Church. Councilmember Lasman reported on her attendance at the following: • October 14, 2010, Planning Commission work session to discuss projected changes at Brookdale Center. • October 17, 2010, Riverwoods Picnic Fest and service to honor Jerry Blarney who had organized the Riverwood Association. • October 20, 2010, Crime Prevention Program where reports were given by staff and officers. • October 21, 2010, Special Events Program meeting. Work is still going on for the February 5, 2011, "Party of the Century" to celebrate Brooklyn Center's 100 birthday. Councilmember Roche announced the October 30, 2010, fundraiser sponsored by America Love Drive for Africa from 5 -11 p.m. Councilmember Ryan reported on his attendance at the following: • October 17, 2010, Minnesota Interfaith Open Forum at the Brookly n United Methodist Church hosted by Rev. Rachel Morey. Mayor Willson reported on his attendance at the following: • October 17, 2010, Minnesota Interfaith Open Forum where a number of candidates were in attendance from across the political spectrum. • • October 14, 2010 Planning Commission meeting. Mayor Willson announced that Equity, Inc., a nonprofit, is holding a fundraising dinner and silent auction on October 26, 2010, 4 p.m., at the Crowne Plaza banquet room. 12. ADJOURNMENT Councilmember Roche moved and Councilmember Yelich seconded adjournment of the City Council meeting at 7:42 p.m. Motion passed unanimously. i 10/25/10 -5- 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 OCTOBER 25, 2010 CITY HALL — COUNCIL/EDA 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 7:51 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Carla Wirth, Timesaver Off Site Secretarial, Inc. GRADUATED SANITARY UTILITY RATE STUDY Discussion continued on the graduated sanitary utility rate study. City Manager Curt Boganey explained the revenue generated would vary significantly from user to user. The City will need • to determine, to some degree, distribution of various sized users to estimate what the appropriate aggregate revenue would be. Director of Fiscal and Support Services Dan Jordet reviewed the percentage of water usage based on property use. Mayor/President Willson complimented Mr. Jordet on this analysis, noting the goal is not to create a revenue generator. The Council/EDA addressed the status of water treatment, which used to be mentioned periodically. Mr. Boganey stated it used to come up in the past because the EPA rules were adopted and Minnesota requirements for potable water have become more stringent. In addition, as technology developed to assess water quality, more things are found that can be treated which generates additional regulation. Mr. Jordet presented 2005 rates, updated to 2009, and rates for different household scenarios, noting this gives an idea of the percentage of change this billing method, based on consumption, will result in. Mr. Boganey noted this analysis uses real accounts but may not be typical of a particular family. Mr. Jordet agreed it is not a representative sample. The Council/EDA discussed the benefit of providing residents with information on best management practices such as water efficient shower heads. It also discussed that the City does not want to discourage residents from watering their lawns. Mr. Jordet explained that when determining an average usage, the months of highest and lowest water usage would not be used. Mr. Boganey stated the objective is to identify the period of time • 10/25/10 -1- DRAFT when the water being consumed is also going into the sanitary sewer and not for some other use. The Council/EDA indicated this is a move in the right direction. Mr. Jordet reviewed an analysis including personnel and operations in the fixed charge, resulting in $13.15 and $2.73 per 1,000 gallons consumption charge. The next analysis included personnel, operations, and average capital into the fixed charge, resulting in $33.89 per quarter fixed charge and $1.85 per 1,000 gallons consumption charge. He explained how the Metropolitan Council calculates sewage rates based on the previous year. Mr. Jordet presented another analysis that included capital because that is also a fixed charge. He noted the more that is put into fixed charge, the less shock on the higher users to make up for the reductions that the lower users get, yet generate the same level of revenue. Councilmember /Commissioner Ryan stated his concern that while it may be appropriate to significantly increase the charge to households with higher water consumption and sewer flow, he thinks there will be a lot of residents who will not accept this change. He asked if there is a way that is reasonable and equitable to flatten out and mitigate that impact. Mr. Boganey stated the City will not hear from the accounts that get the big reduction and noted these rates show the most scientific relationship between fixed and variable costs. He pointed out that the 2005 Rate Study is the most accurate in allocating expenditures between fixed and variable but that is the one farthest away from what the City is doing now and would make for some significant cost shifts. Councilmember /Commissioner Lasman noted it is related to fixed and consumption charges but also in a way that is more reflective in the 2005 Rate Study where you pay for what you are using. She felt the City needed to find a balance because seniors and snowbirds are now paying more and higher water users are getting the discount. Mayor/President Willson agreed and noted the 2005 Rate Study addressed "pay as you use" but also talked about conservation and to provide an incentive to conserve usage. Councilmember /Commissioner Yelich stated it seems this approach would compliment or supplement the City's conservation water rate which has already been implemented and be an additional incentive for less water consumption. He noted there is a benefit to the City as a whole since it has less than optimal water storage and additional storage would be a cost to the whole City. Mayor/President Willson stated when the new system was installed, the City anticipated it would be able to find leaks. Mr. Jordet advised that Public Works has indicated that leaks have been identified. Mr. Boganey stated the City has sent letters to the property owners regarding possible leaks. Mr. Jordet stated he will prepare scenarios with variables and provide as much information as possible so the Council/EDA is comfortable with its decision. Mr. Jordet requested Council/EDA direction on the following: what consumption indicator to use, what to include in . the fixed charge, what to include in the consumption charge, and what to do about senior rates. 10/25/10 -2- DRAFT Staff would like to set up the system before the end of the year so it can be explained to . residents. The billing implementation may go into the second quarter of 2011 because the software will have to be modified and tested. Councilmember /Commissioner Yelich stated he wanted to simplify the administrative process. He asked whether the City would need to hire a consultant every few years to determine fixed cost or if the City would start at this point and make periodic percentage adjustments. Mr. Jordet stated between Finance and the Public Works Department, staff can create a spreadsheet with detailed information or an outside consultant could be hired. Mr. Boganey stated if the model is adjusted from year to year, a consultant may not be needed more than once every ten years. The Council/EDA discussed whether additional storage capacity is needed. Mr. Jordet clarified that this matter deals with sewer rates, not water storage capacity, and redistributing the cost to users in a more equitable fashion. He advised that costs will remain about the same for the sanitary sewer system, depending on the Metropolitan Council rates. Mr. Jordet stated the more detailed the study gets, the lower the fixed charge will be and the more the City will depend on the consumption charge. He asked whether the Council/EDA supported a heavier fixed charge or a heavier consumption charge. Councilmember /Commissioner Roche stated he favors developing a graduated sanitary utility rate and thinks personnel, operations, and capital should be included in the fixed charge. He supports a heavier consumption charge. Councilmember /Commissioner Ryan supported a heavier fixed charge because it will have less • impact on households of larger families even if senior users would slightly subsidize those households. Mr. Jordet stated staff looked at "equitable" in two ways: tied into the formula and also stress based on income levels. Mayor/President Willson supported a heavier consumption rate because it is more equitable to pay for what you use than a flat rate, which would also result in less conservation. Councilmember /Commissioner Lasman supported paying for what you use and felt the 2005 Rate Study most closely relates to that method. She noted that fixed costs are still much higher P er quarter and that is not controllable but there are some things a household can do to reduce consumption. Councilmember /Commissioner Lasman stated there are some educational opportunities for higher usage consumers to change habits in a positive way, noting it would also teach their children more positives methods of using water. Councilmember /Commissioner Yelich favored the 2005 Rate Study approach with smaller fixed costs and a larger consumption costs. He noted the City will need to do an analysis on distribution of different uses and there is a need for a longer view approach. He felt a graduated rate was another tool to encourage being more conscious of how you use resources and the cost to the City to deliver sewage services and water. • 10/25/10 -3- DRAFT Public Works Director /City Engineer Steve Lillehaug addressed the cost to provide additional water storage and to maintain water towers. He advised that the City's water system has adequate capacity at this time. Mayor/President Willson stated the need for new capital equipment is another good incentive for the City to encourage conservation. Mr. Boganey agreed that controlling the demand is important. Mr. Jordet summarized the Council's discussion. Mr. Boganey stated it is fair to assume the City wants to remove the cost from the sewer rates that is not attributable to water going into the sanitary sewer system. The CounciVEDA indicated that is correct. Councilmember /Commissioner Ryan indicated he was basically in agreement to weight towards usage but would like staff to present an analysis on a variation that would weigh more in fixed costs for the reasons he outlined earlier. Mr. Boganey stated a strong majority of the Council/EDA is leaning in the other direction. The Council/EDA did not support staff preparing that analysis. It was the consensus of the City Council/EDA to direct staff to gather data on Brooklyn Center's consumption patterns as a basis for determining graduated sanitary sewer charges, to support a conservation incentive, consumption based sewer rates, and a program of education. ADJOURNMENT Councilmember /Commissioner Roche moved and Councilmember /Commissioner Lasman seconded adjournment of the City Council/Economic Development Authority Work Session at 8:58 p.m. Motion passed unanimously. • 10/25/10 -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 JOINT WORK SESSION WITH FINANCIAL COMMISSION NOVEMBER 1 2010 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:32 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Koffi Agbossou, Steve Landis, Rex Newman, and Susan Shogren Smith. Financial Commissioners Teneshia Plunkett and Dan Schueller arrived at 6:38 p.m. UTILITY FUNDS, RATES, AND ENTERPRISE FUNDS City Manager Curt Boganey discussed that the Agenda had been modified to include the November 15, 2010, Budget Work Session with Financial Commission which had already been scheduled and was missing from the agenda. Fiscal and Support Services Director Dan Jordet provided an overview of the proposed 2011 Enterprise Fund Budgets for the Water, Sanitary Sewer, Storm Sewer, Street Light, Recycling, Liquor, Centerbrook Golf Course and the Earle Brown Heritage Center Funds. Some of the q � g notable highlights of the overview were as follows: • Four percent increase or a rate of $1.40 per 1,000 gallons for the Water Fund. • Cash flows in the Water Fund involving capital improvements include combining two of street projects in 2011 to take advantage of lower construction costs. • Wells 4 and 9 will be rehabbed this year so that will fluctuate with year to year costs and would be the most significant change for 2011. • Three percent increase or a rate of $21.93 per quarterly rate (per dwelling) for the Sanitary Sewer Fund. • Changes to the Sanitary Sewer Fund are status quo with the exception of changes in the capital improvements portion of the project including a significant reduction in 2011. p p P P J g g • All funds with ersonnel services do not include a cost of living budget for employees. to p g g P Y • 11/01/10 -1- DRAFT • With "Other Costs" being relatively large in the Sanitary Sewer Fund, and some of the costs are from the Metropolitan Council, it was suggested that a separate line be added. Staff will work on getting this modified for the future budgets. • One percent increase or a $14.48 quarterly rate per residential lot for the Storm Sewer Fund. • With the amendment to the 2010 Budget for the Storm Sewer Fund of shifting a street worker to the Storm Sewer Fund, staff will be deleting the $100,000 storm sewer transfer to the General Fund. • Three percent increase or a $3.95 quarterly rate (per dwelling) for Street Light Fund. • In 2010 money had been budgeted for a City Wide Street Light Study and staff still hopes to get that study done in 2010. This study would be done by a consultant to find methods and materials to reduce electrical use. The outcome of the study would also be beneficial in helping the City apply for grants in the future. • Two percent increase or $8.43 quarterly residential rate for the Recycling Fund. • Discussion regarding the City potentially adding a bi- annual curb -side pickup beginning in 2012 for an additional charge of $2.70 per quarter (per household). This could be looked at as a sensitive subject for residents and a survey was discussed as part of getting feedback from citizens. • With the two liquor stores, the City's Capital Project Fund is provided with at least $135,000 per year. • Centerbrook Golf Course will continue to look for ways to enhance revenues and look for strategies for cost savings. • Earle Brown Heritage Center is working on adding ten new corporate clients and is actively • working with the Embassy Suites. Some of the questions raised with answers needing to be provided at a later date included the following: Arsenic testing, is the City testing for this? Public Works Director /City Engineer Steve Lillehaug will check to see if the City is already doing this as part of the process. Can additional percentages be run and provided for the Street Lighting Fund to see what the numbers would be by the year 2016 under alternate rate increase scenarios. Fiscal and Support Services Director Jordet responded yes that would be feasible and will be provided. Comparisons of utility rates in Brooklyn Center and other communities will be presented to see where the City is with other communities. The State Auditors Report providing information on liquor store comparisons will be provided. REVIEW NEXT STEPS City Manager Boganey discussed the next steps as follows: November 15, 2010, Budget Work Session with Financial Commission November 22, 2010 Adopt Utility Rates, Pay Plan, and Cafeteria Contribution 11/01/10 -2- DRAFT November 29, 2010 Budget and Taxation Presentation and Hearing December 13, 2010 Adopt Final Tax Levy and Final Budgets ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to adjourn the Work Session at 8:26 p.m. Motion passed unanimously. • • 11 /01 /10 -3- DRAFT City Council Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM DATE: November 2, 2010 • TO: Curt Bo ane City Manager e g Y� Y g FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its November 8, 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. MECHANICAL Absolute Mechanical, LLC 5203 West 73 Street, Edina • Air Quality Services 6221 Cambridge Street, St. Louis Park Eco Air, Inc. 16820 Highway 10, Elk River High Road Heating & Cooling 6650 Winfield Circle N, Rockford RENTAL See attached reports. Mission: Ensuring an attractive, clean, safe comnumitp that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 i Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I— 3 Year 1 -2 units . 0-1 Type II — 2 Year 1 - 2 units Greater than 1 but not more than 4 „. _ t o .. Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 AA 11, ZAMMQWF�,E W fr . rte.:•,..,., ,$ _ ,., _ ... Type IV — 6 Months 1 -2 units Greater than 8 �y L R F -a ash Lray, f ` '}'° License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0 -1 Impact f 5 or more units 0-0.35 • Decrease 1 1 -2 Greater than 1 but not more than 3 v h rY x u o a ., Cate g 5 or more units Greater than 0.3 5 but not \ more than 0.50 Decrease 2 1 -2 Greater than 3 Categories il 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust W-1110V WOO Mffitw , , , ml Rental Standards Prior to March 6, 2010 t�P 3305 53rd Ave N 12 Bldgs 81 Twin Lakes Manor 310 Units Renewal Teddy Bear Extended LLP .26/Unit OK OK I Current Rental Standards s 13 5245 -47 Drew Ave N Two Family (2) Initial Mai Xiong 6.5 /unit III N/A III OK OK 6820 Fremont PI N Single Family Initial Sharon McGary 0 II N/A II OK OK 6819 Humboldt Ave N A202 Single Family Initial Raymond Charest 0 II N/A II OK OK 4500 58th Ave N 46 Bldgs 115 33 Twin Lake North Apts 276 Units Renewal TLN LA NEL .42 /unit I .12 /Unit I OK OK 6511 Humboldt Ave N 2 Bldgs 70 21 Pines of Brooklyn Center 102 Units Renewal The Pines North, LLC .69 /unit I .20 /Unit I OK OK 1 Bldgs 4204 Lakebreeze Ave 4 Units Renewal Andrew Hardacre 0 1 0 1 OK OK 5301 Russell Ave N 2 Bldgs 98 7 Sommerset Place Apts 36 Units Renewal Nedzad Ceric 2.72 /unit III .19 /Unit III OK OK 1 5316 -20 Russell Ave N Two Family (2) Renewal Daniel Hedlund .5 /unit 1 0 1 OK OK 3224 67th Ave N Single Family Renewal Haymanth Dasrath 0 1 1 1 OK OK 6435 Bryant Ave N Single Family Renewal Thomas Kaiser 4 II 0 II OK OK 5819 Dupont Ave N Single Family lRenewal Tiet Nguyen 2 II 0 II OK OK 5540 Knox Ave N Single Family lRenewal Roberto Miguel Rodriguez 0 1 0 1 OK OK * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N /A.) ** Final License Type Type 1= 3 year Type II = 2 year Type III =1 year Type IV = 6 mos 0 • • City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: November 8, 2010 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 0W SUBJECT: Type IV 6 -Month Provisional Rental License for 5307 Emerson Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 5307 Emerson Ave N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on the number of property code violations found during the initial rental license inspection and validated police incidents /nuisance calls for the past 12 months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV • License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06/15/2010 Jeff Theisen applied for a renewal of the rental dwelling license for 5307 Emerson Ave N, a single - family residential property. 07/12/2010 The inspection was unable to be performed because a representative for the property did not show up. 07/23/2010 Initial rental inspection conducted (fifteen orders cited, see attached rental criteria) 09/27/2010 All orders were corrected. A $100 reinspection fee was due for the missed inspection. 09/30/2010 Payment for the reinspection fee was received. 10/10/2010 One validated police incident/nuisances calls occurred in the past 12 months. 10/04/2010 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 10/29/2010 Mitigation Plan finalized Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM If approved, after six months, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all • phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. • Mission: Ensuring an attractive, clean, safe comnuinity that enhances the quality of life and preserves the public trust I COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. p Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1:5 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact 3 -4 units 0 -0.25 5 or more units 0-0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units; Greater than 0.25 but not more than I' 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City of Brooklyn Center 63f11 Shrtxgle Creek Parkway Brooklyn Cents -, CAN 5543{} -2119 rr.'r��i{f'•.07 MI: _ Rental Lie -ense Mitigation Plan (Type IV License) Handwriveit *as will riot be accepted. Please tnm or use flUable form on City imbsite. Property Address- 5307 Eme rson Ave N, Mold n Lenter ttvner 1"asne: ; Local Agent Jeff Theisen M &N property Management Owner Address: Agent Addrm; 2034 Cleve Ave Nf Roseville, MN 561 FAO Box 75, Delano, MN 5532$ Owner Phone- 61 2 - 281 - 11573 Agcnt Phone, 703-972 Ow°ncr Ei 'L yail: )eff,ftis+en@gmai1 Agent F- il: delanomaggW@hotrnai The above referenced property qualifies for a Type IV Rental Li`cnse, AMitigation Pim 111ust. be completed and reviewed by City staff before the rental license application can bi: considered for approval by City C.ounc. 1. A `litigation flan should indicate the steps being taken to coa t rdentaified violations and the measures that will be taken to ensurc ongoing co mpliance with Cit}r Ordinances, and applicable Codes. The Mitigation Plan provides an oppi)rtunitY tot review property` consents and identify c the overall condi 0f`thc E 1DR!Reat __ Sect A —Required Documents Submit the following documents with (lie Mitigation Plan for approval: 1. Crime Free 1 ou!iing. Pmgr& Ttairtittg Ceftifie to 2_ C of lase includiAg Minnesota Crime Free Housing Least Addendum 3. Signed. & Completed Midgation Platt 4. Security Assessment Report (Pcrformed by the Smoklyn. C'cnter Police Department) 5, Submit written report by I& of each. month (after license approval). Sectliat B. —C rime Free H ousing Pro Reg ulrelmedit mm Phase 1 1. Use vrrittcn lease including, Crime Fret Housing, Lease Addendum, 2. Cunduct criminal baekgmund check for all prospective tenants, Provide doclunentatton to City if requcsttd. 3. Pursue the eviction of tcu &rats wllo violate ft teims. of the lease or miy addenduttts, 4. Attend City appmvcd eight hour Crime l=rcc Housing course. ]date Course Completed: 05{1012 gate: Course Scheduled; Phase II Complete Security Assessment and implenienl all seeurkEY Improvements rex:ornjncrld�d by the Brooklyn Center police Dcpartt - ment. 11f03 1 Bate Corn lct+3: Itnpt4vitic to be com pleted b Page l Tve IV Mitigation Plaa14 -10 Phase III I will attend a rnin`rnum of 50% of the ARM mectmSs (four). l will attend the ARNI meetings scheduled for: -- - & m I a ill hd4 r nO repeat code violations preuitstrsiy dc�eurt�es�t �r ithia the Est y e rr: For pr rues 1'virk fo Ur a hi are Rxrits. I will coriduct resident training annually tW includes crime prevention techniques. I will hold regular resident meetings. Section C — Long Term Ca, ital Im rove nt Flay Vale Last Replaced Future Replacement Date Fumacc)AC 41101120 O f41f2022 ,v 'later Heater 01101 09 1XC1' 01919 Kitchen A lianve.� 151l�1f2<y11� #]1f�11f�Q �9 Laundry A fiances Exterior -Paint/Siding 1200 112610 1 2K) tQG25 windows oVGir2O -llf 1�1f201[1 12141f2035 r� Shed -Garage 01110iltgso a1101f2d i - SideW3,14 Oire1f15ea 01101r2021) Smoke Alarnbs & Carbon 14 anexide Alarms 0110112009 00101=14 Other: Sec tion D -- Ste e to Improve Management and Conditions of Prix r Tniplementing the following best practices may assist in the tnanagen=t of your property_ By ChecMMg the boom bow you agree to; i Chcck in with tenants every 34 days. Drivc by propexty Ea. ci .k for violations twice: a month. I Evir,t dcnants in violation of the lease and all addendunm Provide lawn/snow scruice, Provide garbage scrvicc. Insta I l secu ri ty systeni.. ?Provide maintrnance service plan for appliances_ Nacre of Service company: • tither: Provide InL c ctic� _b+�f�are lease renewal Page 2 Type IV Mitigation Plait 9 -10 • If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 of each Calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation. Plan. I verify that all information provided above is true and accurate. i understand that if I do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license revie ay re It: Owner r n ignature 1 Title Date Additional Owner or Agent Signature I Title Date (If applicable) . 9 • Police Department f isle Date Bu` g & Community Standards Department l Title Date • City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: November 8, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 3112 Quarles Road Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 3112 Quarles Road. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on the number of property code violations found during the initial rental license inspection and validated police incidents /nuisance calls for the past 12 months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06/10/2010 Cha Lee applied for a renewal of the rental dwelling license for 3112 Quarles Road North, a single - family residential property. 07/08/2010 Initial rental inspection conducted (thirteen orders cited, see attached rental criteria) 08/20/2010 Second rental inspection passed 08/27/2010 One validated police incident/nuisance calls occurred in the past 12 months. 08/30/2010 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases 1, II, and III of Crime Free Housing Program, etc.) 09/10/2010 Reminder letter sent requesting Mitigation Plan 10/29/2010 Mitigation Plan finalized If approved, after six months of license expiration date, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan' submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. P Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. P p p • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact 3 -4 units 0 -0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units " Greater;than 0.25 but not more than i 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than 1 5 or more units Greater than 0.50 • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust City of Brooklyn Center Phone 763.50 -.MV • 63111 Shingle Creek Parkway rrYlVokr 71 Brooklyn Center. ?SIN 554304199 liar 76J- 569 - 14 - 9 4 Rental License Mitigation Plan (Type IV LiceT5e) H9ndwritten plans will not be accepted Plgass type or aw fillable farm On Gity websita. PMP"V AddrM*- 3112 QUaftr. RaM Nark OwncrNarae_ Cha Lee Local Agerrt. Owner Address: Agent Ads,:' 3275 98th Cirde North Owner P tch. ($ 859 -054 Agent Phone- ( inner Email: Oha_We76 @ yalhov.tw M Agent Email The above referenced property qualifcs for a Type 1V Rental. Licensee. A Mitigation Plan must be completed and teviewcd by City staff bef ore the rental lu�eaise applicatim cant be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to Correct identified violations aru3 the measures that will bar taken to ensure cmgaping compliance with City Ordinances and applicable codes.. The Mitigation Plan provides an opportunity to review ley' concerns and identify ssble solutioin t tin ve o dt ons of the o verall two tt the �� 1T- �� � ��i!'..MR mod' - � �, 4 •{ 3.: y '#`„ M * * Submit the followings documents wlth the Litigation, Plan lur approval: � t. Grime Free Ho Ftogram Training, Certificate 2. Cam. of Lease including Minnesota Crime Free Housing Lease Addendwn 3. Signed & Completed Mitigation Plan tip 4. Security Assessment Report (Nrformed by the Brookl)na Center Police Department) 5. Submit wriot n report byte of each month. (after license appmval)_ j �Phase l 1. Use written lease including Crime Free Housing Lease Addendum... 2- Conduct criminal background check for all prospective tenants. prgNride documentation to city if requested, 3. Pursue the eviction oftcnants who violate the terms of the lease or any addenduras- 4. Attend City approied eight hour Crime Free Housing course, Date Course Completed: 10/131 Date Course Sclw4vled- -- Phase 11 Complete Security Assessment and bttalement ale sr w ityr improvements r+ecorn by L ! the Brooklyn Center Police Dcpartment, Date Cofi feted: 10t2P O !rn tov to be E2m leted Pap L x n{ kAit:gatiott Flan 9- l Phase 111 I will atl a minimt�9tt. of 50 OF , 7 meetings (four). 7 1 will end the ARM em s r -duled for: 3111111 & 5A 311 l , will have DO relseat CO& viOlativns prCV'Lrusly doc umented within the pant yam. F4)r properties with four or more 11171 : l will coMu a mi&_.nt traimi.ng annu alb that includes crime PTeventiOn tcchnicl t will hold mgular resident mecting y Futum .Date last Replaced lacernent Date kFurnaoe t er H A te 4&1 f! tchen Appliances 111 �1 La dry AVPWp �ct�ar 5111 _ ftinuSi,ding = inflows �fi X17 _ X115 -Shed 7f1 _ GM age _ - Ekiveway 11 114 Sidewalks $11115 Smoke Alarms & Carbon Monoxide A1amis O 101111 Met: 1 iple�ncnting,the fo llo�'ir p b prices ma }' assist in the maces eat of your pa rty. By ept?cking tho bons ift with tenants evefY 30 dg Ys Drive by PrOPCnY to chcck for viotatio s twig a month. FVict tenants in violation of the lease and all ad4endums Provide lawnhwow service. Provide game service. Install Witt' system. Provide maintcr=ce service Plan fbt aPPlianres, Nance of se ice c paflT Type Fagg lV mitigation Plan 9-10 If dw Type IV' Rental License is ap ved I*' tZ� Cit Gcrurrcil, the I,i�� �E rurnpiw with the • approved Mitigation Plait and all applicable city cedes- No lam than the I& Of cKb calendar month. the licenser must submit to the Building and unity Stadia Dcpa truent a written report dmen – bing all steps taken to comply with the. Mitigation Plan. I verify that all infornmtion pmvided above is true artd acute. I understand that if t day not ComglY with an approved Mitigat ort Plan., ettforcement actions suer as citation, formal complaint or l[cense review may result. owneT or Agent ;immure +' the Date Additional Owner of Xgeart Sigmtute t Tide Dat 01 appfi big) f fide Date "— r _ 1/1 Buil CO in Starrd�t s Ueparnncm Title bate PW 3 Type I`1r Miti tion Plan - 11} • City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: November 8, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 419 67 Avenue North Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 419 67 Avenue North. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on the number of property code violations found during the initial rental license inspection and validated police incidents /nuisance calls for the past 12 months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase 1, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 03 -01 -10 John Staloch applied for renewal of the rental dwelling license for 419 67 Ave N, a single - family residential property. 03 -18 -10 Initial rental inspection conducted (Twelve orders cited, see attached rental criteria) 04 -14 -10 Second rental inspection passed. 06 -30 -10 One validated police incident/nuisance call occurred in the past 12 months. 07 -20 -10 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 09 -10 -10 Letter to owners notifying of past due status for Type IV 6 -Month Provisional Rental License requirements (submit mitigation plan, completion of Phases I, I I , and III of Crime Free Housing Program, etc.) 09 -27 -10 Handwritten mitigation plan returned to owner to be typed. 10 -18 -10 Mitigation Plan finalized Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM If approved, after six months of the expiration date, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of Citv Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and • regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences. and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 L Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. • The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type 1I — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. • Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact 34 units 0 -0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust i City of Brooklyn Center Phone. 763-569-3300 6301 Shingle Creek Parkway TTY /Voice 711 Brooklyn Center, MN 55430 -2199 Fax 763 -569 -3494 www.dtyotbrooklyncenter.org Rental License Mitigation Plan (Type IV License) Mandwrltten plans will not be accepted Please type or useJlllable form an City website. Property Address: 419 67th Ave. N;, Brooklyn Center, MN 55430 Owner Name: John Staloch Local Agent: same Owner Address: Agent Address: 1715 Badger Blvd. west. S9anchfield, MN 56080 same Owner Phone: 612_226 -6816 Agent Phone: same Owner Email: A Email: sandysdugotrtQhotmalltbm � same The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be corn Acted and reviewed by City staff before the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions of the ro • Section A — Re Documents . Subunit the following documents with the Mitigation Plan for approval: F7 -11. Crime Free Housing Program Training Certificate C1 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum • C] 3. Signed & Completed Mitigation Plan F -714- Security Assessment Report (Performed by the Brooklyn Center Police Department) E3 5. Submit written report by 10 of each month (after license approval). Section R — Crime Free Housing Program Requirements Phase I 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 08!29!2010 Date Course Scheduled: Phase II f T� Complete Security Assessment and implement all security improvements recommended by 1 the Brooklyn Center Police Department. Date Cam leted: 10/0112010 Improvements to be completed by: Page I Type IV Mitigation Plan 9 -10 • Phase III I will attend a minimum of SO% of the ARM meetings (four). 1 will attend the ARM meetings scheduled for: 1111812010 & 11/19/2010 • -F8D ' & 6T,, bckde-r CD 1 will have no repeat code violations previously documented within the past year. For properties with four or more units: C _j I will conduct resident training annually that includes crime prevention techniques. F__11 will hold regular resident meetings. Secdon'C - lAnk Term Ca ital Im rovemeats Plan Date Last Replaced Future Re laeement Date Fumace/AC WaUT Heater Kitchen Appliances d0 Laundry Appliances O Exterior - Paint/Siding 000 - Windows 67 D -Roof -Fence -Shed - Garage - Driveway - Sidewalks Smoke Alarms & Carbon Monoxide Alarms Other. Section D - Ste to Improve Management and Conditions of Implementing the following best practices may assist in the management of your property. By c4ecking the boxes below, you agree to: F7 Check in with tenants every 30 days. CI Drive by property to check for violations twice a month. F 7] Evict tenants in violation of the lease and all addendums. C] Provide lawn/snow service. C - 1 Provide garbage service. C� Install security system. C� Provide maintenance service plan for appliances. Name of service company: C� Other: Page 2 Type IV Mitigation Plan 9 -10 If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 of each calendar monrh, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or liceruse review may result ffz r/ y O�w . Agent gignal&i / Title Date Additional Owner or Agent Signature / Title Date (If q�plicable) olive Department Tie l3ate (2"' /1)// ltd Burk Og & Community Standards Department / Title Date Page: 3 Type IV Mitigation Plan 9 -10 AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • November 8, 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. Firehouse Park Update -Kevin 2. Garbage Hauler Report - Steve 3. City Council Retreat- Curt 4. Housing Improvement Area Policy PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Junk and Inoperable Vehicles Update — Back Yard Parking- November 22 2010 2. Centennial Request- EBHC • 3. Sister City Update 4. Strategic Outcome Reports 5. 2011 Brooklyn Center Celebration Update 6. Neighborhood Designations 7. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 8. Brookdale Mall Update 9. Department Year End Reports 10. Active Living Program 11. Community Schools Update 12. Hwy 252 update — February 13. Graduated Sanitary Utility Rate Study Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: October 18, 2010 TO: Curt Boganey, City Manager FROM: Tim Gannon, Police Commander SUBJECT: Firehouse Park Summary Recommendation: A review of calls for service to Firehouse Park since the reinstallation of a single basketball hoop on June 29, 2010 has shown no significant increase in police calls to the park. It is therefore recommended that the single basketball hoop remain in place. The police department and specifically park patrol will continue to monitor activities within the park. Background: On July 20, 2009 a neighborhood meeting was held at Firehouse Park to discuss citizen's concerns and a recent violent crime committed in the park, but not directly related to the basketball court. As a result of that meeting and with more than three years of complaints generated by neighbors, the basketball hoops were removed from the park. Approximately one year later, on June 29, 2010 a single basketball hoop was reinstalled. Summary of calls for service from 612912010 to 10118110 There were a total of eleven police calls to Firehouse Park since the basketball hoop was reinstalled. Of that total seven were self-initiated by either a community service officer or patrol officer. Those calls included six spot checks /afterhours warnings and one juvenile curfew arrest. We received three parking complaints all related to vehicles parking on the grass. We also received and responded to a large party call that was related to a shelter rental. All four police calls were generated by the same citizen caller. Each call has been reviewed and there was no direct relation to the basketball court portion of the park. An analysis was completed of the thirty days leading up to the hoop installation compared to the first thirty days after the hoop was installed... That analysis shows one non -officer related call before and one non - officer related call within the 30 days since the reinstallation. Officer initiated activity went from four calls before to six calls after. That increase was directly related to some information - gathering the department was doing regarding park usage by citizens. The installation of the single basketball hoop had no impact on police related calls. Mission: Ensuring an attractive, clean, safe emnmuutty that enhances the quelby of life attd preserves the public trust Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: November 4, 2010 TO: Curt Boganey, City Manage FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Garbage Hauler Report Recommendation: It is recommended that the City Council consider providing direction to staff pertaining to pursuing organized trash collection. Background: At the March 8, 2010, Council Work Session, the City Council requested that City staff review and report on the City's private "open" garbage collection, specifically identifying impacts due to this system on the public infrastructure, environment and the City's residents. Currently, the City only requires private garbage collectors to be registered in the City and does not operate a public "organized" system. In a related program, the City participates in a state - mandated curbside recycling program. The recycling service provides for bi- weekly collection of recyclables. Revenues are from customer service fees with expenses comprised of amounts paid to the Hennepin Recycling Group (HRG), a four -city consortium for recycling services. Attached is a memorandum pertaining to the City's open garbage collection system and the effects on the community. Policy Issues: Would it make a real difference to Brooklyn Center's quality of life, the environment and our community infrastructure if the City had fewer garbage trucks on our streets? Does the City Council support organizing the garbage collection system within the City of Brooklyn Center? Council Goals: Strategic: 6. We will respond to increased public awareness and interest in environmental sustainability and green community issues Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust 3 City of BROOKLYN MEMORANDUM CENTER DATE: November 4, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Organized vs. Open Garbage Collection Introduction On March 8, 2010, the Brooklyn Center City Council directed staff to report back to the City Council pertaining to the impacts of having an "open" garbage collection system and what the City could do to minimize the negative impacts as part of a Citywide long -term goal. The following provides information pertaining to garbage collection systems. Background The City of Brooklyn Center has had an "open" system of trash collection for many years. The City does not provide refuse collection as a municipal service with exception to recyclable materials. As part of a state mandated initiative, the City participates in a four -city consortium for recycling services called the Hennepin Recycling Group (HRG). Other garbage collection is contracted directly with independent haulers that are only required to be licensed in the City of Brooklyn Center (see attached License Requirements and Application forms). This "open" system of trash collection is very common in Minnesota but is not the only way to manage municipal solid waste. Trash collection could be managed by a public entity (e.g. City or County). Options consist of a City completely running the program by using City employees and trucks, or by managing the contracting of a single or multiple companies that would be used Citywide. This is called public or "organized" collection. These types of organized systems significantly reduce the number of garbage trucks traveling over the same stretch of roadway. The City of Brooklyn Center has maintained an open system and has not ventured into organized trash collection. Issues that exist with garbage collection systems include impacts by garbage trucks on the public infrastructure and the environment, costs, efficiency and effectiveness, and competitive free enterprise in the hauling industry versus public policy. Many Cities have attempted to and/or addressed this issue over the years and handle solid waste innumerous ways. Recently in June 2009, the Minnesota Pollution Control Agency (MPCA) issued a comprehensive 271 page report on an Analysis of Waster Collection Service Arrangements. This report developed quantifiable information comparing open and organized residential municipal solid waste and recyclable collection systems that are currently in place in cities across Minnesota. A copy of this complete report can be obtained from the City's Public Works Department or can be viewed at the following website: http / /www pca state mn us /index php /view- document.html ?aid =4514 L Effects of Garbage Trucks on Public Infrastructure and the Environment Impact of Truck Weight on City Streets It is well known that increased truck traffic on roadways is detrimental to them and increases the cost of maintenance. Reducing the number of multiple garbage haulers driving up and down the streets during collection day is typically high on the list of residents' concerns. This concern about the impact of garbage trucks on the City's infrastructure is not unfounded. The recent MPCA study includes data that a garbage truck trip has a roadway weight impact factor equivalent to approximately 857 to 2,286 cars. It is evident that garbage trucks alone contribute a significant amount to the wear and tear on our public streets due to vehicle weight. Over the past 20 years, the City of Brooklyn Center has made a significant investment in its City streets through the strategic infrastructure reconstruction program amounting to approximately $50,000,000. Any strategy that helps protect and prolong this investment would be very beneficial to the City and to the residents that directly pay for portions of these projects. All evidence shows that the change that could do the most to reduce the impact of heavy garbage trucks on our streets is to reduce the number of trucks driving on them. Public Safety Public safety concerns caused by the number and frequency of large trucks moving quickly through residential neighborhoods have not been identified in any significant study that I could find. However, it is intuitive that less truck miles traveled would in turn reduce the potential for accidents involving garbage trucks and improve safety in general. Air and Noise Pollution Garbage trucks contribute to more than wear and tear on our public streets. Emissions of air pollutants are directly related to fuel consumption and the number of trucks doubling up and traveling the same routes. Likewise, noise pollution is an issue with higher levels of vehicle traffic with some garbage trucks exceeding 100 decibels, a noise level that can cause hearing loss. Likewise, all evidence shows that reducing the number of garbage trucks on our streets will result in significant reductions in both air and noise pollution, adding to the quality of life for the City's residents, including the operators of the garbage trucks. II. Efficiency and Costs Improved efficiency in a City's solid waste collection system is meaningful and does really matter. Improving means to pick up more waste with fewer trucks and fewer people in less time over a smaller distance can have a big impact on total costs. Table 1 provides a quick comparison of these rates. There are many factors that go into establishing the rates for garbage collection services including cost of collection services, transfer and disposal fees, fuel, factors for volume based pricing, etc. Special deals may also come into consideration where haulers sometimes offer as much as six months free service to new customers. However, in general as shown in Table 1, organized systems usually result in lower costs for the consumer. Table 1. Average Monthly Service Rates Charged to Residents Page 2 of 5 Collection Average Monthl- y Rate • System ail Gallon 60 Galion 90 Gallon Organized MSW $14.93 $16.98 $22.23 Open MSW $22.64 $25.46 $26.50 Difference $7.81 $5.48 $4.27 % Change +53% ' 50% +19% Source: "Analysis of Waste Collection Service Arrangements," MPCA, Foth Infrastructure & Environment, 2009, pg. 55 See the attached rate schedule for a comparison of licensed providers in the City of Brooklyn Center. The rates that were provided by the garbage collectors for Brooklyn Center customers are generally lower than the typical averages as shown in Table 1 for other Minnesota Cities. III. Summary of Advantages/Disadvantages The following tables are provided to evaluate the pros and cons of an open system versus an organized system. Table 2. Advantages/Disadvantages of Open Collectio Systems Advantages Disadvantages • Choice — Households are free to . Usually results in a more expensive continue to choose their hauler based monthly cost on preference . Results in more truck traffic with • • There is a direct relationship between potential associated impacts of the hauler and the customer that allows ► Added street maintenance the customer to shop around or change > Air qualityivehiele emissions if dissatisfied ► Safety/vehicle accidents • Done to very minimal administrative ► Aesthetics (containers out more costs or burdens for public entities days of the week), noise, and litter • Small haulers are more apt to compete Inconsistent charges for the same level for a portion of the accounts — entry of service in a community, even among level requirements for new businesses customers of the same hauling is low company • Haulers are more likely able to shop for . Reduced ability of the community to lower disposal prices or use their own effectively manage solid wastes facilities . Haulers switching from one landfill to another due to price results in exposure to liability at more sites Source: "Analysis of Waste Collection Service Arrangements," MPCA, Foth Infrastructure & Environment, 2009, pg. 4 i I I Page 3 of 5 I I Table 3. Advantages/Disadvantages of Organized Collection Systems Advantages Disadvantages * Increased efficiency enabling a lower • Households do not have a choice of cost per household their hauler * Decreased impacts from truck traffic # Greater administrative involvement by • Decreased fuel consumption the public entity * Greater control to establish service # Small haulers have higher "entry" requirements including: requirements to get in the business Ability to standardize service along with competitive opportunities makes public education simpler limited to contract openings Ability to provide access to special ♦ Current organized collection statutory service needs at knovm, controlled process to convert from open to costs organized is ciunbersome and difficult Volume-based pricing to achieve politically waste abatement goals Delivery destinations for processing and overall solid waste manaaement Factors affecting recycling and diversion such as variable rate pricing Improved control over residents actually using garbage service • Ability to set specifications on the size and quality of trucks used * Ability to competitively bid service on a regular basis helping promote lower costs • Can be used to generate revenues to support other services Source: "Analysis of Waste Collection Service Arrangements," MPCA, Foth Infrastructure & Environment, 2009, pg. 6 IV. The Garbage Hauler Conundrum Many Cities have evaluated both systems at one time or another and in some instances, multiple times. It is apparent that the decision has not been easy for many communities to switch to an organized system even when the pros seemingly outweigh the cons. Many communities receive pushback from residents and private companies and their desire to maintain an open, non- governmentally controlled system, regardless of the benefits. The pushback being so much that many Cities simply abandoned organized garbage collection even after performing exhaustive studies that guided them differently. V. Neighborhood Garbage Collection Organization Option In an effort to keep an open system yet experience some benefits of an organized system, some cities have assisted with "neighborhood garbage collection organizations". In recent years, City • staff set the ground work for this in Brooklyn Center by developing an informational packet. The packet guides interested neighborhoods in developing and implementing this voluntary Page 4 of 5 program to help address the issues that some residents experience due to an open collection system (see attached Neighborhood Garbage Collection Organization Info Packet). However, I am unaware of any Brooklyn Center neighborhood or organization that has formally followed through with a volunteer organized collection program. A more strategic implementation of the neighborhood organized collection program may provide a better balance to address the issues experienced with exclusive open and organized systems. Attachments Brooklyn Center License Requirements (web site) Brooklyn Center Garbage Collection Vehicle Application Brooklyn Center Garbage Collection Vehicle Application Information Sheet Garbage Hauler Rates in Brooklyn Center DRAFT Brooklyn Center Neighborhood Garbage Collection Organization Info Packet • Page 5 of 5 City of Brooklyn Center -- Garbage Collection Vehicle Page 1 of 4 Y l& Home -- Brookl center Garbage Co Vehicle Mayor I Council I Commissions /Charter License Requirements City Code of Ordinances The City of Brooklyn Center requires the licensing of garbage collection vehicles as defined in Chapter 7 of its Ordinance. The license period is July 1 through June 30. Residents Please complete or provide the following: Community/News /Events License Application — completed information as required in Chapter 7. Section 7 -103, of the City Ordinance (see below to download application) Departments /City Services Annual License Fee - $85 per company, plus $25 per vehicle (checks made payable to the City of Brooklyn Center) Recreation Certificate of Insurance — certificate of insurance from your insurance carrier Community Center Vehicle Inspection Report — copy of a vehicle inspection report for each vehicle as prescribed — by the Minnesota State Patrol arks and Trails Vehicle Information Sheet — completed information sheet identifying vehicles and services (see below to download form) Centerbrook Golf Course Proof of workers' Compensation Insurance Coverage Form — completed form as required Earle Brown Days Festival by Minnesota Statute Section 176.182 (see below to download form) Earle Brown Heritage Minnesota Business Tax Identification Number — completed form as required by Minnesota Center Statute Section 270.72 (see below to download form) Cultural Diversity Insurance Requirements City Documents Section 7 -103, Subd. 4. INSURANCE. Applicants for licenses must maintain for the following minimum insurance. Government Links Commercial Automobile Liability Insurance Covering All Owned, Hired, and Non -owned Salary Notification Automobiles — Limits of Liability: Combined Single Limits - $500,000 each occurrence; or Bodily Injury - $100,000 each Site Map person, $500,000 each occurrence; and Property Damage - $50,000 each occurrence Disclaimer /Copyright In the event applicants for licenses use refuse collection bins furnished for their clients, then the following additional coverage is necessary: In Departments /City Commercial Liability Insurance Covering All Operations and Completed Operations — Limits of Services: Liability: Administration Combined Single Limits - $500,000 each occurrence, $500,000 aggregate; or Bodily Injury - Contact Information $100,000 each person; and Property Damage - $500,000 each occurrence mhtml:file://G:\Administration \Council\ Upcoming Council items \Garbage Hauler Reprt WORKSESSIO... 11/1/2010 City of Brooklyn Center -- Garbage Collection Vehicle Page 2 of 4 Business Licensing Coverage is to be provided by an Insurance Carrier who holds a Certificate of Authorization Amusement (licensed) with the State of Minnesota. Evidence of such insurance shall be in the form of a Devices Certificate of Insurance, ACORD form, or similarly approved form. The Certificate shall require Bowling Alley that the City be fumished thirty (30) days prior written notice of any cancellation, non - renewal, or major revision. Such Certificate shall be in the hands of the City Clerk prior to any issuance Christmas Tree of license. It is expressly understood that this insurance and these limits are for the City's Sales requirements only and do not represent the complete coverage the licensee should carry. Commercial Kennel License Approval Fireworks - Consumer Upon the City Clerk's receipt of a completed garbage collection vehicle license application, Garbage appropriate license fee, certificate of insurance, vehicle information sheet, copy of vehicle Collection Vehicle inspection report per each vehicle, Proof of Workers' Compensation Insurance Coverage form, Gasoline Service and Minnesota Business Tax Identification Number form, the license application shall be Station presented to the City Council for consideration at its next regular meeting. The City Council Liquor - 3.2 meets the 2 nd and 4th Monday of the month. License materials must be submitted at least Percent Malt seven (7) days prior to a City Council meeting. Liquor Questions - For more information relating to license requirements for garbage collection Liquor - vehicle licensing, please e-mail the City Clerk or call (763) 569 -3308 Monday — Friday 8:00 Intoxicating a.m. — 4:30 p.m. Liquor - Temporary or Garbaae Collection Vehicle License Application Special Events # Garbaae Collection Vehicle Information Sheet Massage Proof of Workers' Compensation Insurance Coverage Establishment Minnesota Business Tax Identification Number Mechanical Contractors Motor Vehicle Dealership Pawnbroker Public Dance Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups, Escort Services, Model Services, Dancing Services, or Hostess Services Rental Dwellings Saunas or Sauna Baths Secondhand Goods Dealer Sign Hanger Tattoo and /or Body Piercing Establishments Taxicab mhtml: file : //G:\Administration \Council\ Upcoming Council items \Garbage Hauler Reprt WORKSESSIO... 11/1/2010 City of Brooklyn Center -- Waste Haulers Page 1 of 3 Home -- Brooklyn Center Waste Haulers Collection Zone Descriptions Mayor /Council ! �� � - � The City of Brooklyn Center wants Commissions / Charter �? to ensure that the public health I and welfare of its community is F: k maintained. Chapter 7 of the City Thursday -West of City Code of Ordinances , Ordinances, along with County Brooklyn and State laws, require that every Boulevard /1 -94 /Hwy. Residents household, agency, business, and 100, North of I facility have, at a minimum, Robbinsdale Community/News /Events weekly collection of garbage and Boundary, East of refuse from the premises, and Noble /Brooklyn Park Departments /City require them to recycle paper and Boundary, South of corrugated cardboard, metal food 73rd Avenue Services and beverage cans, plastic bottles with narrow necks, and glass food and beverage containers. Recreation Friday - West of Garbage Collection Mississippi River, Community Center Residential garbage service providers must be licensed by the City of North of 53rd Brooklyn Center. Residents may select a licensed company of their Avenue, East of Parks and Trails choice and service needs (see sidebar to right of this web page for list Hwy. 100/1 - of licensed haulers). The common container is a cart on wheels that is 94 /Brooklyn brought to the curb on collection day. Garbage containers should be Boulevard, South of Centerbrook Golf Course set at the curb on the day of collection only and returned to a storage 73rd Avenue place that is inside, out of common site. A company collecting curbside Earle Brown Days Festival from single - family residential households must collect according to the collection zones adopted by the City Council (see Collection Zones Li map and Zone Descriptions above). Licensed Waste Earle Brown Heritage Haulers Center Recycling Overview Allied Waste Cultural Diversity Residential collection is a City contracted utility service with one Services collection company. Every household must recycle paper, corrugated 763 -784 -2104 cardboard, metal food and beverage cans, plastic bottles with narrow City Documents necks, and glass containers. Recycling carts are available in 35, 64, and 96- gallon varieties. The recycling service is billed quarterly on Aspen Waste Government Links your sewer/water utility bill. This fee pays for curbside recycling Systems collection, the yard waste drop -off site, special events, public 612 - 884 -8008 education, and administration. The fee is set by City Council action Salary Notification and can be adjusted according to contract costs. Hennepin County Budget Waste contributes approximately $8.50 per household per year toward the Systems Site Map program. 763- 231 -2005 Disclaimer /Copyright For more information on recycling, visit our Recycling web page. Garbageman, Inc. 763 - 230 -7499 In Residents: Randy's Sanitation 763 - 479 -3335 Centerbrook Golf Course T & L Sanitation 763 - 560 -3610 Chamber of Commerce - North Walter's Recycling & Hennepin Area Refuse Chamber of 763- 780 -8464 Commerce - TwinWest Walz Brothers City Council Members Sanitation 763 -493 -3474 City/Parks Maps mhtml:file://G:\Administration \Council\ Upcoming Council items \Garbage Hauler Reprt ... 11/4/2010 City of Brooklyn Center -- Waste Haulers Page 2 of 3 Community Guide Waste Management 952- 890 -1100 Consumer Confidence Report • Guide to Good Neighborhoods - Property Maintenance and Livability Standards Homestead /Property Taxes Local Library - Brookdale Regional Center Local Newspaper - Brooklyn Center Sun - Post Mosquito Control Information Odd -Even Sprinkling Ban Parks and Recreation Prescription Discount Card Program Recycling Resident Newsletter - City Watch Schools /Education Tourism - Visit Minneapolis North Utility Companies Serving Brooklyn Center Voting Waste Haulers eCitizen Center Brooklyn Center Business Association Utilities- Water & Sewer Animals Search GO €' Full Site 0 This Section Search Tips Printer- friendly Version This is the official site of the City of Brooklyn Center, Minnesota Home -- Brooklyn Center I Mayor / Council / Commissions / Charter I City Code of Ordinances I Residents I Community /News/Events I Departments /City Services I Recreation I Community Center ( Parks and Trails I Centerbrook Golf Course I Earle Brown Days Festival I Earle Brown Heritage Center I Cultural Diversity I City Documents I Government Links I Salary Notification I Site Man I Disclaimer /Copyright i mhtml :file: //G:\Administration \Council\ Upcoming Council items \Garbage Hauler Reprt ... 11/4/2010 City of Brooklyn Center 6301 Shingle Creek Pkwy 55430 -2199 (763) 569 -3300 License Application Annual tee: company $25 /vehicle Garbage Collection Vehicle Prorated Fee: Annual Expiration: June 30 TO THE HONORABLE CITY COUNCIL: Date: OPERATOR Company Name: Address: (Street Address, City, State, and Zip) Telephone Number: OWNER (APPLICANT) Company Name: Address: (Street Address, City, State, and Zip) Telephone Number: The undersigned hereby applies for a garbage collection vehicle license and acknowledges receipt of a copy of City Ordinance Sections 7 -001 through 7 -113 and agrees to comply at all times with all laws, ordinances, or regulations applicable whether they be federal, state, county, or municipal. Submitted with this application is a copy of applicant's insurance certificate, proof of workers' compensation insurance coverage, Minnesota business tax identification number, information sheet identifying vehicles and services, and a copy of vehicle inspection report for each vehicle as prescribed by the Minnesota State Patrol. Information is collected to determine eligibility for license. Failure to provide information requested may result in denial of application. , 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 therein are true of his/her own knowledge and belief. Signature of Applicant Subscribed and sworn to before me this day of Notary Public County My Commission expires 31 City of Brooklyn Center 6301 Shingle Creek Pkwy • Brooklyn Center, 1W 55430 -2199 763 -569 -3300 INFORMATION SHEET TO BE COMPLETED AND SUBMITTED WITH APPLICATION FOR GARBAGE AND REFUSE COLLECTOR'S LICENSE 1. Business Name: Address: Phone: 2. List make of vehicle, the vehicle number (if any), and the vehicle license plate number: A. B. C. D. E. F. (use other side if more vehicles) 3. Frequency of service to be rendered (minimum): A. Commercial establishment: B. Residential dwellings: C. Multiple dwellings: 4. Types of material collected: A. Garbage (food wastes): B. Refuse (cans, bottles, ashes, trimmings): C. Other (explain): 5. Statement of policy regarding extent and/or limitations of service and condition of pick -up: 6. Method of final disposal: A. Landfill: B. Incineration: C. Other (explain): 7. Location of final disposal facility: 8. Name and address of disposal facility: Name: Address: 9. Allk Applicant's Signature Date 0 0 0 Garbage Hauler Rates in Brooklyn Center MONTHLY RATE -Does not include yard waste information 30 gal 60 gal 90 gal Carrier 30 gal 32 gal 35 gal 38 gal 60 gal 64 gal 65 gal 68 gal 90 gal 95 gal 94 gal 96 gal NOTES Aspen Waste No information provided by provider. Does not include taxes or fees. $5.00 extra for Allied Waste $8.00 $9.00 $10.00 additional can. Does not include taxes or fees. Additional charge of Budget Waste Sys. $10.95 $12.95 $14.95 1 $8-$10 for extra cans Includes taxes and fees. Additional charge of $5.00 GarbageMan, Inc. $17.00 $19.00 per can. Randy's Sanitation $10.95 $12.95 $14.95 Does not include taxes or fees. T & L Sanitation No information provided by provider. Does not include taxes and fees. $7.00 extra for any Walters $13.50 $14.50 $15.50 additional can. not include taxes or fees. Additional cans -an Waste Mngmt $14.00 $15.00 $16.00 , Does add'I charge of $9.60 for large can, $9.00 for medium can and $8.40 for smaller can Walz Bros lownhomes his company only services Mallard Creek I *Rates and information obtained October 2010 City o! BROOKLYN CENTER Neighborhood Garbage Collection Organization Information Packet WHAT IS THE NEIGHBORHOOD GARBAGE COLLECTION ORGANIZATION? The current garbage /recycling collection system in the City of BrooklnCenter allows residents to contract individually with a licensed hauler. While this system permits frgip 'th of choice, it may lead to multiple garbage /recycling trucks in each neighborhood. In order to r duc46ck traffic, neighborhoods may choose the same hauler to collect their garabe /recycling Neb orh ods that participate in the Neighborhood Garbage Collection Organizations can realize severa tenefits. Fewer trucks mean: 1. increased levels of safety due to less "�raac and congesticn� 2. decreased noise levels, 3. decreased wear and tear on city streets 4. increased bargaining power with thetiauler for price and services The Neighborhood Garbage Collection isarolury option, chosen k neighborhoods, to encourage environmentally friendly and fifer services, as wet as promote neighborhood cooperation. 'abd �. SUGGESTED ACTIVITIES FOR THE NEt I itBORH00l3 ORGANIZERS` 7 1. Establish a neighborhood leader - The neighbor4,eod leader 6 ah be one person, a couple of people or a com nJ6e. 2. Define the neighborhood Once the botind r[es are set a l�s of residents and their addresses will need to be coral fled. This list will be us fo inform neighbors about the Neighborhood Garbage Collectio iMtganizatloh A sample�letter informing residents about the program is includ�l in,this packet he I r des the opus ns to either call the neighborhood leader with a reply or mail a reply fcsrm (sample `hcluded wi i letter) to the neighborhood leader. If the nerc h orhood 1ea er knows of pew resident' j the neighborhood, they may want to send a letter o call to let them knaw,abouhe, collection pogram that has been established. 3. Chtase a hauler. Ce the neighborhood leader has an estimate of the number of households that ilf,be participatin 11 rogram and an idea of the type of service desired, the different haulers oa . be contacted deterrnk ptions for services and rates. A sample workshee +"hecklist has be provided to give the neighborhood leader an idea of some questions That may be advishle to ask haulers and information that will be helpful before contacting the b1prs. Det lmining the choice of the hauler will usually require a meeting of interested neigMors� After consensus is reached, the hauler that was chosen needs to be informed of the parf�9 residents. it is suggested that a list of the participating households be sent to the hauler with the name of the neighborhood organization so the hauler can check off the names as the residents call in to establish services. 4. Establish Collection Service. Residents who choose to participate in the Neighborhood Garbage Collection Organization should contact the hauler to establish the new service. The resident also needs to call their previous hauler to cancel service. The neighborhood leader may need to follow up with answers to additional questions from neighbors before service is established. 5. Contact City. If you have questions regarding neighborhood garbage /recycling collection, contact the City of Brooklyn Center at 753 - 569 -3300. 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 (Phone) 763 -569 -3300 TTY 711 (Fax) 763 -569 -3494 3 C or BROOKLYN CENTER NEIGHBORHOOD GARBAGE COLLECTION ORGANIZATION WORKSHEET /CHECKLIST Date: Neighborhood: Information to be determined before haulers are contacted. 1. Number of households participating in the organization 2. How will the hauler bill customers? ❑ Each rrcfridul customer billed ❑ The association Uther: 3. What level of service is desired? ❑ Each,househ will have af""horce of the level entice ❑ Every home has the same level of service Li 30 ❑ 0{? ❑ 90 ❑ Other 4. Will carts need t +d ❑ Yes fare customers ❑ Yes; as an option to customers ❑ No carts ' will be provided 5. How vuill yard waste' be handled ❑Every home will be provided with yard waste pick -up ❑Each home will choose if they want yard waste pick -up sw F ., 6. Are other services requested': ❑ Special pick -ups ❑ Other 7. How will the recycling n #erial be El Separate bags for each material prepared? ❑ Commingled; some or all materials combined 6301Shingle Creek Parkway, Brooklyn Center, MN 55430 (Phone) 763 -569 -3300 TTY 711 (Fax) 763 -569 -3494 3 rB ly of KLYN TER Worksheet/Checklist (continued) QUESTIONS TO ASK HAULERS HAULER NAME r SAMPLE QUESTIONS TO ASK HAULER' Y 1. What is the minimum number of new accounts for a discount rates 2. Are services guaranteed in writing? 3. How long is the price guaranteed for? 4. What is the monthlyt�e foi out " neighborhood? �= 30 qallon 60 gallon y A .S. .". a 5. Are 64r%, ncluded in thr 6. Does the iate include tax? 7. Cost for yard wade dick -up? 8. Can the pick -up time' .e se Fb , . the neighborhood? z � 9. Other (specify) 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 (Phone) 763 -569 -3300 TTY 711 (Fax) 763 -569 -3494 X ty of KLYN TER Dear Neighbor, Greetings. I would like to introduce myself as the neighborhood organizer for the Neighborhood Garbage Collection Organization, a program to organize the collection of garbage /recycling. I am initiating an effect to have only one hauler service our neighborhood. The intent of this program is to reduce the number of collection vehicles that travel through our neighborhood. By organizing our neighborhood and reducing the number of collection trucks, we would experience several benefits: • increased levels of safety due to less traffic decrease noise f • 4 • decrease wear and tear on our streets • decrease air pollution • decrease consumption of energy • possibility of reduced rates for collection service The City of Brooklyn Center is promoting this program"'in hopes of saving costs ri oad repair and providing residents with safe, environmentally sound, cost,effectivatO.11ection service 411 I would like to know if you are interested[ - e program. T is as , oluntary program, none is required to participate. We will be working on ct' b.. the hauler together ,,if you decide to participate. To do the necessary background work, I need to know an estimate of the number of households that would be ri "fh interested in the program. The number of parklicipatiouseholds r4ill determine the collection rates when the different haulers are contacted Per- cipation jn1hurogram may or may not involve changing haulers, but we are hoping that tie- benefits of`heving oneta �r service xaur area will offset any NO inconvenience on your pant.: Please fill out and return the reply form 11 will be contacting you about choosing the hauler, the next step in the process, if you are interested iwtt a program. Y � Please feel f'i'de tc: contact me if you have any questions Sincerely, Address: 3 Phone Number: �z M I am interested , participating. I am not interested in participating. Name: Address: Phone Number: (Day) (Evening) 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 (Phone) 763 -569 -3300 TTY 711 (Fax) 763 -569 -3494 Work Session Agenda Item No. 3 MEMORANDUM - COUNCIL WORK SESSION DATE: November 4, 2010 TO: City Council FROM: Curt Boganey, City Manag5o^r SUBJECT: City Council Retreat Recommendation: It is recommended that the City Council consider providing direction to staff regarding setting a date for the annual Council /Staff retreat. Background: For the last several years the City Council has met in a full day planning session to review progress and establish goals for the future. The purpose this agenda item is to establish the following; 1. Does the City Council want to hold a retreat in 2011? 2. What date would the Council like to hold the retreat? 3. What should be the principal agenda Items? From the perspective of Management, we have found the retreats to be essential to guiding management efforts, and hope they would continue. Since we know that there will be one new Councilmember, It is recommended that some portion of the retreat be devoted to Council Orientation, with the balance devoted to goal setting. In January, I will provide the City Council with year -end reports on Strategic Goal progress. This should reduce the amount of time needed during the goal setting portion of the retreat, leaving time for Council Orientation. If this approach is acceptable to the City Council, a retreat in February or early March would seem to be the best time. Policy Issues: Council Goals: Ongoing goal supported by this consideration; 1. The annual retreat supports all Strategic and Ongoing Goals of the City Council. Mission: Ensuring an attractive, clean, safe conununity that enhances the duality of life and preserves the public trust Work Session Agenda Item No. 4 MEMORANDUM - COUNCIL WORK SESSION DATE: November 4, 2010 TO: City Council FROM: Curt Boganey, City Manawr SUBJECT: Housing Improvement Area Recommendation: It is recommended that the City Council consider providing direction to staff regarding establishing a Policy to govern the use Housing Improvement Areas in the City Of Brooklyn Center. Background: Several months ago I met with the Mallard Creek Homeowners Association, which expressed an interest in have the City establish a Housing Improvement Area established under Minnesota Statutes, Section 428A. The creation of a district would allow the City fund the cost of improvements to the common elements of housing structures in the area. The association indicating that there primary interest was in gaining a way to fund siding for the housing in the association. If a district is established the City would be authorized to sell bonds and to collect repayment as an assessment on the properties benefiting. • I have attached a copy of an overview of the law. This law was recently amended in 2010, so that the petitioning percentages have increased. The law has also been extended to sunset in 2013. As you can see this is fairly extensive set of procedures with very strict time frames. Most critical in our view is that the Statute allows for an ordinance veto by 45% of the owners long after significant effort and costs have been incurred. For this reason we recommend a 56% petition and a waiver of veto rights requirement from at least 56% of the area owners. Policy Issues: 1. Is the policy needed in order to achieve the Council strategic goal of stable improved neighborhoods? 2. If a policy is adopted, what should be the minimum petition requirements? 3. Should there be a waiver of veto requirement? 4. Are there additional procedural requires needed? Council Goals: Strategic Goal supported by this consideration: We will stabilize and improve residential neighborhoods enclosures Mission. Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust HOUSING IMPROVEMENT AREAS The 1996 Minnesota State Legislature enacted a law intended to provide cities with a means of assisting homeowners associations, and the owners of housing units within the associations, in the costs of housing improvements made to the common elements of the development. paying g In P P order for a city to provide such assistance, the City Council must first designate the area in which the improvements are to be made as a Housing Improvement Area. The law, Minnesota Statutes, Sections 428A.I I to 428A.21 ( copy enclosed), can seem complex at times. The following information is intended to assist in the understanding of that legislation and the process that must be followed if a Housing Improvement Area is to be designated. 1. What is a Housing Improvement Area. A Housing Improvement Area is a designated portion of the City in which housing improvements are financed, in whole or in part, with ublic funds that are repaid b fees imposed against the benefitted housing P P Y P g g units much in the same manner as property taxes or special assessments. The law is designed to assist areas where common elements of a development are maintained by condominium or home owners associations. 2. What types of improvements can be included. The enabling law seems to intend that the improvements are to be made to the common elements of the housing structures, although under proper circumstances the City Council may consider including other common • elements such as common, private drives, provided those elements constitute a necessary part of the development. "Common Elements" are those maintenance and capital improvement items which are the, responsibility of the association and not the individual home owners. 3. When is a Housing Improvement Area designation appropriate. The City Council can establish a Housing Improvement Area only if it finds: a. That the proposed improvements to the common elements are immediately necessary to maintain and preserve the housing units. b. The home owners association treasury balance is grossly inadequate to finance the needed improvements and no other financing tool is reasonably available to the association or the individual owners of the housing units. 4. Steps an association should take to be considered for Housing Improvement Area designation. a. The first step is for the association membership to meet and determine to the extent reasonably possible, the needed improvements to the common elements. b. The next step is to obtain a reasonable estimate or estimates of the total costs of those improvements. c. Once the costs have been estimated, the association should investigate all reasonable means of financing the improvements including any balance in the association treasury, additional fees imposed on the unit owners, private financing by the association and/or the individual owners, and any other possible housing improvement assistance. d. If all other means of financing the improvements are unsuccessful, a petition • o�'o a • signed by the owners of at least 25% of the housing units to be included in the proposed area may be filed with the City Clerk requesting the City to designate the development as a Housing Improvement Area. The petition should also request a public hearing on the imposition of a fee to pay for those improvements. A suggested petition form is enclosed. 5. What happens after an adequate petition is filed. a. The petition is presented to the City Council who determines whether it contains all the required elements under the law and whether it contains at least the minimum number of required signatures. If the petition is found to be adequate, it is accepted by the City Council and a date for a public hearing is set. b. Prior to the public hearing, the City staff prepares a preliminary listing of the improvements proposed to be made. This list will require City employees to view and inspect the property and discuss the problems with owners and/or members of the association. c. At the hearing staff will present its findings and owners will have an opportunity to present relevant testimony and issues related to the proposed area. The hearing is intended to assist the City Council in determining the proper boundaries of the area, the extent of the necessary improvements, and that there are no other available financing methods. The hearing may be continued over several meetings if necessary. d. If the City Council makes the required findings of need, it will adopt an ordinance establishing a Housing Improvement Area. The ordinance will, among other things, designate the area, establish the improvements to be made, and determine the • basis for the imposition of the fees. Fees may be based on the tax capacity of each unit, the square footage of each unit or some other method as determined by the City Council such as per unit. Pursuant to the Brooklyn Center City Charter, the ordinance is introduced at a Council meeting and then cannot be adopted for at least seven days after it is introduced. Under the State law, the ordinance takes effect 35 days after adoption. The ordinance must be adopted within six months of the close of the public hearing. e. After the ordinance is adopted, the City will work with the association to determine through estimates, bids, and similar methods the costs of the improvements. The association is required to follow the Uniform Municipal Contracting Law, Minn. Stat. Section 471.345. The City will consult with the association on these requirements as needed. f. Once the costs have been determined to the extent possible a second public hearing is held at which time the owners may discuss the proposed fees in general, or they may question the fee proposed to be imposed against their individual unit. Within six months of the closing of this public hearing, the City Council will adopt a resolution imposing the fee. This fee may not exceed the amount stated in the hearing notice, but it may be less. The fees to be imposed are to be at a rate, term or amount sufficient to produce revenues required to make the improvements. The resolution takes effect 45 days after it is adopted. The fees will include an administrative charge and will be collected along with property taxes for the number of years established in the resolution.. The fee may, however, be prepaid in full to avoid the payment of interest. 6. Recourse of Owners who disagree with the designation of the area or the imposition of . the fee. a. Before the ordinance is adopted, any owner may file a written objection claiming that the owner's property may be in the area or subject to the fee. The City Council then has 60 days to make a determination on this objection. The Council's , 6 determination maybe appealed to the District Court. 0,6 Y. b. After an ordinance or fee resolution is adopted, if owners of 35 0 /3`67 the i o properties located in the designated area file an objection to the ordinance or the fee resolution before the effective date, the ordinance or the resolution does not become effective. For this reason, the City will want to be assured that the fees will be imposed before proceeding with the improvements. 7. Obligations of the owners and the association after designation of a Housing Improvement Area. a. Obviously, all parties need to cooperate with each other so the improvements can be made or constructed in a timely fashion. b. The State law requires that before the City Council may adopt a fee resolution, the association must submit a financial plan to the City. This plan has to be prepared by an independent third parry acceptable to both the association and the City. A plan prepared by the association does not meet the requirements of the law. This plan must demonstrate how the association will be able to finance the maintenance and operation of the common elements of the development, and also demonstrate how the association will be able to conduct and finance capital improvements in the future. Without this plan • the City would not proceed with the improvements. Owners should be aware that compliance with the plan may result in higher association payments in addition to the fees. Failure to comply with the program could be grounds for disqualifying the area from future assistance in this program. c. On or before August 15 of each year, the association must provide the City with a copy of its audited financial statements. The City, as part of the original ordinance, may require the submission of additional information as well. 8. How long does a Housing Improvement Area designation last? The State law is not clear as to when and if a Housing Improvement Area designation expires. The law does currently provide that no new Housing Improvement Areas can be created after June 30, 2013 unless the City receives special legislation authorizing establishment of the area. The area will remain in effect at least as long as the term of the payment of fees. However, the requirement of a financial plan under §428A.14 of the law seems to suggest that the intent of the Legislature was to provide a tool to be used to assist an association only during a particularly tough time but it is not to be used several times at the same location. Questions regarding Housing Improvement Areas may be addressed to: DRAFT CITY OF BROOKLYN CENTER HOUSING IMPROVEMENT AREAS PROCEDURES 1. RECEIVE PETITION -- Signed by owners of at least 56% (50% Statutory Minimum) of housing units within proposed area -- Obtain names and addresses of all owners in the area (Assessing) -- Notify Finance Department -- Notify Inspections 2. PLACE PETITION ON NEXT COUNCIL AGENDA - -Memo to Council with map of the area -- Prepare public hearing notices re: establishment of the area -- Individual in charge of project to contact Inspections 3. COUNCIL ACCEPTS PETITION AND ORDERS PUBLIC HEARING - -Mail hearing notice to all owners $ Notice to include: time, date and place of hearing and statement that all persons subject to the fee will be heard $ Attach map of the boundaries of the proposed area • $ "Owners" are those persons shown on records of County auditor, or equivalent, but other records may be used $ at least 10 days before hearing $ include that Association will contact for the work $ include City intends to loan the association funds to complete the project and loan will be repaid by property owners in the improvement area. $ that the terms of the loan will be disclosed prior to the passing of the ordinance establishing the HIA $ that all City costs will be paid by the Association -- Publish notice of hearing $ Notice to include: time, date, and place of hearing and statement that all persons subject to the fee will be heard $ At least 7 days before hearing 4. PREPARE ORDINANCE TO ESTABLISH AREA FOR PUBLIC HEARING -- Ordinance to include: $ Description of portion of the city included in the area $ Basis for the imposition of the fees $ Number of years fees will be in effect $ A finding that without the Housing Improvement Area the improvements could not be made • $ A finding the designation is necessary to preserve the units 5. COUNCIL HOLDS PUBLIC HEARING t -- Hearing is to include $ Listing of necessary improvements $ Identify the improvements to the common elements $ List of units where the improvements have already been made and are exempt from the fee 6. COUNCIL INTRODUCES ORDINANCE ESTABLISHING THE AREA 7. COUNCIL ADOPTS ORDINANCE - -At least 7 days after introduction - -Memo to Council -- Majority of all members (3) needed to adopt - -Must be adopted within six months after hearing is closed -- Effective date is 45 days after adoption 8. COPY OF ORDINANCE (OR SUMMARY) SENT TO EACH OWNER -- Within 5 days after adoption -- Include notice that ordinance can be vetoed if owners of at least 45% of the units file written objections with the City Clerk before the ordinance takes effect. 9. COPY OF ORDINANCE SENT TO STATE DEPARTMENT OF REVENUE -- Within 30 days after adoption . 10. DETERMINATION OF CONTRACTORS AND LIAISON -- Association works with Inspections 11. FINANCIAL PLAN -- Prepared for the Housing Improvement Area by independent third party acceptable to City -- Include: $ Method for financing the maintenance and operation of the common elements $ Long range plan to conduct and finance future capital improvements - -Must be completed before fee resolution can be considered 12. DETERMINE AMOUNT TO BE COLLECTED BY FEES (ASSESSMENTS) - -Total amount of contracts - -City assessment fee (2.4% but not to exceed $500 per unit) -- Amount to be paid by each unit -- Interest rate (current special assessment rate) 13. COUNCIL SETS DATE FOR HEARING ON FEES -- Resolution and memo to Council • 14. PREPARE NOTICE OF HEARING - -Date, time, and place of hearing -- Estimated total cost of improvements -- amount to be charged to each unit - -Right to pay entire fee -- Number of years fee will be in effect -- Interest rate -- Statement that initial petition requirements of M.S. §428A.12 have been met or do not apply - -Right of all interested parties to be heard 15. MAIL NOTICE TO OWNERS - -At least seven days before hearing 16. PUBLISH HEARING NOTICE - -At least seven days before hearing 17. PREPARE FEE RESOLUTION -- Include list of units subject to fees and amount attributable to each unit - -Memo to Council 18. COUNCIL CONDUCTS HEARING ON FEE RESOLUTION - -Take citizen comments and rules on objections 19. COUNCIL ADOPTS FEE RESOLUTION -- Within six months after close of hearing - -Copy to owners within five days of adoption -- Include notice that resolution can be vetoed by the owners of at least 45% of the units file objections with the City Clerk before effective date -- Effective date is 45 days after adoption 20. PROCEED WITH PROJECT - -After fee resolution takes effect - -May be sooner if owners of more than 55% of the units sign waivers of veto rights 21. PROJECT FINANCING - -After all components of an approved project have been contracted for the City, -- may issue obligations for financing total project cost -- Obligations are paid out of fee charge the member of the Associations or through special assessments. - -City may use full faith and credit of the City to secure the obligation - -Such obligations are not consider net. debt of the City i 7 MINNESOTA STATUTES 2010 428A.12 (2) in the case of operating and maintenance services, the maximum service charge to be • imposed in any year and the maximum number of years, or a statement that the service charge will be imposed for an indefinite number of years, the service charges will be imposed to pay for operation and maintenance services. The resolution may provide that the maximum service charge to be imposed in any year will increase or decrease from the maximum amount authorized in the preceding year based on an indicator of increased cost or a percentage amount established by the resolution. History: 1988 c 719 art 14 s 10; 2009 c 88 art 6 s 11 428A.101 DEADLINE FOR SPECIAL SERVICE DISTRICT UNDER GENERAL LAW. The establishment of a new special service district after June 30, 2013, requires enactment of a special law authorizing the establishment. History: 1996 c 471 art 8 s 6; 2000 c 493 s 4; 2005 c 152 art I s 10; 2009 c 88 art 2 s 27 HOUSING IMPROVEMENT AREAS 428A.11 HOUSING IMPROVEMENT AREAS; DEFINITIONS. Subdivision 1. Applicability. As used in sections 428A.11 to 428A.20, the terms defined in this section have the meanings given them. Subd. 2. City. "City" means a home rule charter or statutory city. Subd. 3. Enabling ordinance. "Enabling ordinance" means the ordinance adopted by the city council establishing the housing improvement area. • Subd. 4. Housing improvements. "Housing improvements" has the meaning given in the city's enabling ordinance. Housing improvements may include improvements to common elements of a condominium or other common interest community. Subd. 5. Housing improvement area. "Housing improvement area" means a defined area within the city where housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. Subd. 6. Housing unit. "Housing unit" means real property and improvements thereon consisting of a one - dwelling unit, or an apartment or unit as described in chapter 515, 515A, or 515B, respectively, that is occupied by a person or family for use as a residence. Subd. 7. Authority. "Authority" means an economic development authority or housing and redevelopment authority created pursuant to section 469.003, 469.004, or 469.091 or another entity authorized by law to exercise the powers of an authority created pursuant to one of those sections. Subd. 8. Implementing entity. "Implementing entity" means the city or authority designated in the enabling ordinance as responsible for implementing and administering the housing improvement area. History: 1996 c 471 art 8 s 7; 1999 c Il art 3 s 13,14; 2000 c 490 art 11 s 2,3 428A.12 PETITION REQUIRED. No action may be taken under sections 428A.13 and 428A.14 unless owners of 50 percent or more of the housing units that would be subject to fees in the proposed housing improvement Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8 MINNESOTA STATUTES 2010 428A.13 area file a petition requesting a public hearing on the proposed action with the city clerk. No action may be taken under section 428A.14 to impose a fee unless owners of 50 percent or more of the housing units subject to the proposed fee file a petition requesting a public hearing on the proposed fee with the city clerk or other appropriate official. History: 1996 c 471 art 8 s 8; 2010 c 389 art 1 s 22 428A.13 ESTABLISHMENT OF HOUSING IMPROVEMENT AREA. Subdivision 1. Ordinance. The governing body of the city may adopt an ordinance establishing one or more housing improvement areas. The ordinance must specifically describe the portion of the city to be included in the area, the basis for the imposition of the fees, and the number of years the fee will be in effect. In addition, the ordinance must include findings that without the housing improvement area, the proposed improvements could not be made by the condominium associations or housing unit owners, and the designation is needed to maintain and preserve the housing units within the housing improvement area. The ordinance shall designate the implementing entity. The ordinance may not be adopted until a public hearing has been held regarding the ordinance. The ordinance may be amended by the governing body of the city, provided the governing body complies with the public hearing notice provisions of subdivision 2. Within 30 days after adoption of the ordinance under this subdivision, the governing body shall send a copy of the ordinance to the commissioner of revenue. Subd. la. Prerequisites for establishing. Prior to establishment of a housing improvement area, the governing body of the city must: (1) provide full disclosure of public expenditures, as well as the terms of any loans; bonds, • or other financing arrangements for housing improvement area projects; and (2) determine whether the association or the implementing entity will contract for the housing improvements, and ensure that any contracts made by the implementing entity are subject to section 471.345. Subd. 2. Public hearing. The notice of public hearing must include the time and place of hearing, a map showing the boundaries of the proposed area, and a statement that all persons owning housing units in the proposed area that would be subject to a fee for housing improvements will be given an opportunity to be heard at the hearing. Notice of the hearing must be given by publication in the official newspaper of the city. The public hearing must be held at least -seven days after the publication. Not less than ten days before the hearing, notice must also be mailed to the owner of each housing unit within the proposed area. For the purpose of giving mailed notice, owners are those shown on the records of the county auditor. Other records may be used to supply the necessary information. At the public hearing a person owning property in the proposed housing improvement area may testify on any issues relevant to the proposed area. The hearing may be adjourned from time to time. The ordinance establishing the area may be adopted at any time within six months after the date of the conclusion of the hearing by a vote of the majority of the governing body of the city. Subd. 3. Proposed housing improvements. At the public hearing held under subdivision 2, the proposed implementing entity shall provide a preliminary listing of the housing improvements to be made in the area. The listing shall identify those improvements, if any, that are proposed to be made to all or a portion of the common elements of a condominium. The listing shall also identify those housing units that have completed the proposed housing improvements and are proposed to be exempted from a portion of the fee. In preparing the list the proposed implementing Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 MINNESOTA STATUTES 2010 428A.14 entity shall consult with the residents of the area and the condominium associations. • Subd. 4. Benefit; objection. Before the ordinance is adopted or at the hearing at which it is to be adopted, the owner of a housing unit in the proposed housing improvement area may file a written objection with the city clerk asserting that the owner's property should not be included in the area or should not be subjected to a fee and objecting to the inclusion of the housing unit in the area, for the reason that the property would not benefit from the improvements. The governing body shall make a determination of the objection within 60 days of its filing. Pending its determination, the governing body may delay adoption of the ordinance or it may adopt the ordinance with a reservation that the landowner's property may be excluded from the housing improvement area or fee when the determination is made. Subd. 5. Appeal to district court. Within 30 days after the determination of the objection, any person aggrieved, who is not precluded by failure to object before or at the hearing, or whose failure to object is due to a reasonable cause, may appeal to the district court by serving a notice upon the mayor or city clerk. The notice shall be filed with the court administrator of the district court within ten days after its service. The city clerk shall furnish the appellant a certified copy of the findings and determination of the governing body. The court may affirm the action objected to or, if the appellant's objections have merit, modify or cancel it. If the appellant does not prevail upon the appeal, the costs incurred are taxed to the appellant by the court and judgment entered for them. All objections are deemed waived unless presented on appeal. History: 1996 c 471 art 8 s 9; 2000 c 490 art 11 s 4,5; 2009 - c 88 art 2 s 28 428A.14 IMPROVEMENT FEES AUTHORITY, NOTICE AND HEARING. Subdivision 1. Authority. Fees may be imposed by the implementing entity on the housing • units within the housing improvement area at a rate, term, or amount sufficient to produce revenue required to provide housing improvements in the area to reimburse the implementing entity for advances made to pay for the housing improvements or to pay principal of, interest on, and premiums, if any, on bonds issued by the implementing entity under section 428A.16. The fee can be imposed on the basis of the tax capacity of the housing unit, or the total amount of square footage of the housing unit, or a method determined by the council and specified in the resolution. If a fee is imposed on a basis other than the tax capacity or square footage of the housin g unit the council must make a findin g that the alternative basis for the fee is more fair and reasonable. Before the imposition of the fees, a hearing must be held and notice must be published in the official newspaper at least seven days before the hearing and shall be mailed at least seven days before the hearing to any housing unit owner subject to a fee. For purposes of this section, the notice must also include: (1) a statement that all interested persons will be given an opportunity to be heard at the hearing regarding a proposed housing improvement fee; (2) the estimated cost of improvements including administrative costs to be paid for in whole or in part by the fee imposed under the ordinance; (3) the amount to be charged against the particular property; (4) the right of the property owner to prepay the entire fee; (5) the number of years the fee will be in effect; and (6) a statement that the petition requirements of section 428A.12 have either been met or . do not apply to the proposed fee. Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 10 MINNESOTA STATUTES 2010 428A.17 Within six months of the public hearing, the implementing entity may adopt a resolution imposing a fee within the area not exceeding the amount expressed in the notice issued under this section. Prior to adoption of the resolution approving the fee, the condominium associations located in the housing improvement area shall submit to the implementing entity a financial plan prepared by an independent third party, acceptable to the implementing entity and associations, that provides for the associations to finance maintenance and operation of the common elements in the condominium and a long -range plan to conduct and finance capital improvements. Subd. 2. Levy limit. Fees imposed under this section are not included in the calculation of levies or limits on levies imposed under any law or charter. History: 1996 c 471 art 8 s 10; 2000 c 490 art 11 s 6; 2009 c 88 art 2 s 29 428A.15 COLLECTION OF FEES. The implementing entity may provide for the collection of the housing improvement fees according to the terms of section 428A.05. History: 1996 c 471 art 8 s 11; 2000 c 490 art 11 s 7 428A.16 BONDS. At any time after a contract for the construction of all or part of an improvement authorized under sections 428A.I I to 428A.20 has been entered into or the work has been ordered, the implementing entity may issue obligations in the amount it deems necessary to defray in whole or in part the expense incurred and estimated to be incurred in making the improvement, including every item of cost from inception to completion and all fees and expenses incurred in connection . with the improvement or the financing. The obligations are payable primarily out of the proceeds of the fees imposed under section 428A.14, or from any other special assessments or revenues available to be pledged for their payment under charter or statutory authority, or from two or more of those sources. The governing body of the city, or if the governing bodies are the same or consist of identical membership the authority may, by resolution adopted prior to the sale of obligations, pledge the full faith, credit, and taxing power of the city to bonds issued by it to ensure payment of the principal and interest if the proceeds of the fees in the area are insufficient to pay the principal and interest. The obligations must be issued in accordance with chapter 475, except that an election is not required, and the amount of the obligations are not included in determination of the net debt of the city under the provisions of any law or charter limiting debt. History: 1996 c 471 art 8 s 12; 2000 c 490 art 11 s 8 428A.17 ADVISORY BOARD. The implementing entity may create and appoint an advisory board for the housing improvement area in the city to advise the implementing entity in connection with the planning and construction of housing improvements. In appointing the board, the implementing entity shall consider for membership members of condominium associations located in the housing improvement area. The advisory board shall make recommendations to the implementing entity to provide improvements or impose fees within the housing improvement area. Before the adoption of a proposal by the implementing entity to provide improvements within the housing Copyright m 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. i 11 MINNESOTA STATUTES 2010 428A.21 improvement area, the advisory board of the housing improvement area shall have an opportunity to review and comment upon the proposal. History: 1996 c 471 art 8 s 13; 2000 c 490 art 11 s 9 - 428A.18 VETO POWERS. Subdivision 1. Notice of right to file objections. The effective date of any ordinance or resolution adopted under sections 428A.13 and 428A.14 must be at least 45 days after it is adopted. Within five days after adoption of the ordinance or resolution, a summary-of the ordinance or resolution shall be mailed to the owner of each housing unit included in the multiunit housing improvement area. The mailing shall include a notice that owners subject to a fee have a right to veto the ordinance or resolution by filing the required number of objections with the city clerk before the effective date of the ordinance or resolution and that a copy of the ordinance or resolution is on file with the city clerk for public inspection. Subd. 2. Requirements for veto. If residents of 45 percent or more of the housing units in the area subject to the fee file an objection to the ordinance adopted by the city under section 428A.13 with the city clerk before the effective date of the ordinance, the ordinance does not become effective. If owners of 45 percent or more of the housing units' tax capacity subject to the fee under section 428A.14 file an objection with the city clerk before the effective date of the resolution, the resolution does not become effective. History: 1996 c 471 art 8 s 14; 2010 c 389 art 1 s 23 428A.19 ANNUAL REPORTS. Each condominium association located within the housing improvement area must, by August 15 annually, submit a copy of its audited financial statements to the implementing entity. The city may also, as part of the enabling ordinance, require the submission of other relevant information from the associations. History: 1996 c 471 art 8 s 15; 2000 c 490 art 11 s 10 428A.20 SPECIAL ASSESSMENTS. Within a housing improvement area, the governing body of the city may, in addition to the fee authorized in section 428A.14, special assess housing improvements to benefited property. The governing body of the city may by ordinance adopt regulations consistent with this section. History: 1996 c 471 art 8 s 16 428A.21 DEADLINE FOR HOUSING IMPROVEMENT DISTRICTS UNDER GENERAL LAW. The establishment of a new housing improvement area after June 30, 2013, requires enactment of a special law authorizing the establishment of the area. History: 1996 c 471 art 8 s 17; 2000 c 490 art 11 s 11; 2005 c 152 art 1 s 11; 2009 c 88 art 2s30 Copyright © 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. i