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Home My WebLink About2011 04-11 CCP Regular Session AGENDA • CITY COUNCIL STUDY SESSION April 11, 2011 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn i i • CITY COUNCIL MEETING City of Brooklyn Center . April 11, 2011 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. March 28, 2011 — Study Session 2. March 28, 2011 — Regular Session 3. March 28, 2011 — Work Session 4. April 4, 2011 — Board of Appeal and Equalization b. Licenses C. Resolution Designating 2011 Planting List of Allowable Boulevard Tree Species d. Resolution Accepting the Executive Summary from Donald Salverda and Associates from the City of Brooklyn Center City Council and Department Heads 2011 Leadership Planning and Team Building Retreat and Adopting a Mission Statement, Values Statement, and Goals Program e. Resolution Establishing Fees for Commercial Fire Inspections • I CITY COUNCIL AGENDA -2- April 11, 2011 • 7. Presentations / Proclamations /Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of James Richards for His Dedicated Public Service on the Housing Commission Requested Council Action: — Motion to adopt resolution. b. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Nineteenth Consecutive Year, and Proclamation Declaring April 29, 2011, as Arbor Day and May 2011, as Arbor Month in Brooklyn Center Requested Council Action: — Motion to adopt resolution. — Motion to adopt proclamation. C. Proclamations Declaring April 16 -23, 2011, as the Great Shingle Creek Watershed Cleanup Week and April 22, 2011, as Earth Day in Brooklyn Center Requested Council Action: — Motion to adopt proclamations. d. Resolution Expressing Appreciation for the Donation from Xcel Energy for a $700 Grant to be Used for the Purchase of GPS Equipment • Requested Council Action: — Motion to adopt resolution. 8. Public Hearings a. Establishing a Spending Plan for Tax Increment Financing District No. 2 1. Resolution Approving a Spending Plan for Tax Increment Financing District No. 2 —This item was published in the official newspaper on March 31, 2011; and is offered this evening for Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolution. b. An Ordinance Amending and Repealing Certain Sections of Chapters 1 and 19 Relating to Private Kemzel Licenses —This item was first read on March 14, 2011; published in the official newspaper on March 24, 2011; and is offered this evening for second reading and Public Hearing. Requested Council Action: 0 —Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt ordinance. CITY COUNCIL AGENDA -3- April 11, 2011 • 9. Planning Commission Items a. Planning Commission Application No. 2011 -007 Submitted by Jon Van Eyll. Request for Planned Unit Development Approval and Special Use Permit (Master Special Use Permit) Approval to Allow Educational and Religious Uses in the PUD /I -1 Zoning District, Along With a Child Daycare Operation in Conjunction with an Educational Use. The Planning Commission recommended approval of this application at its March 31, 2011, meeting. 1. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2011 -007 Submitted by Jon Van Eyll of Wirth Companies and on Behalf of Palmer Lake Plaza Requested Council Action: — Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6 -Month Provisional Rental License for 5636 Fremont 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 3815 52nd 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. C. Consideration of Type IV 6 -Month Provisional Rental License for 3112 Quarles Road 1. Resolution Approving a Type IV Rental License for 3112 Quarles Road Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. — Motion to adopt resolution. • CITY COUNCIL AGENDA -4- April 11, 2011 • 11. Council Report 12. Adjournment 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 Regulated by the City of Brooklyn Center —This item was tabled at the May 10, 2010, meeting. • EDA MEETING City of Brooklyn Center • April 11, 2011 AGENDA 1. Call to Order v —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. March 28, 2011 — Regular Session 4. Commission Consideration Items • a. Establishing a Spending Plan for Tax Increment Financing District No. 2 1. Resolution Approving a Spending Plan for Tax Increment Financing District No. 2 Requested Council Action: — Motion to adopt resolution. 5. Adjournment • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 11, 2011 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. Opportunity to Acquire 5.7 Acres for Future Housing Opportunities (portions of Phase I1 Eastbrook Estates) PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Progress Reports on Achievement of Strategic Goals 2. School District Discussions /BC Strategic Plan Report 3. All City Open House 4. Sister City Update 5. Neighborhood Designations • 6. Active Living Program 7. Graduated Sanitary Utility Rate Study 8. Garbage Hauler Organized Collection Update 9. Financial Commission Report 10. Youth Participation Request 11. Budget Reductions to Lower City's Reliance on State LGA 12. Highway 252 Update — June 2011 13. Annual Department Year End Reports 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 MARCH 28, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:10 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Tim Roche, and Dan Ryan. Absent and excused was Councilmember Kay Lasman. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Kleven requested discussion of Work Session Item No. 2, Review of TIF 5 Development Agreement, and asked if the owner of Midas, who plans to retire in several years, will be asked to retire early if Gatlin Development buys the Midas site. Mayor Willson explained that if Gatlin Development acquires the Midas site, it must have come to an agreement on the purchase price with the owner. He stated this is outside of the Council's purview but from the City's perspective, it is a good thing to include the Midas site in the redevelopment rather than have it redevelop several years into the future. City Manager Curt Boganey stated that the Mayor's response is accurate and this matter will be discussed in additional detail during the Work Session. Councilmember Ryan stated he had noticed the illustration of Shingle Creek Crossing did not incorporate the Kohl's property but a recent document indicates that Gatlin Development will secure a mortgage on the Kohl's property. Mr. Boganey explained that the Brookdale Mall and Kohl's are owned by Capmark and it has always been the intent of Gatlin Development to purchase all of the Capmark property as reflected in the original acquisition plans. However, there are no plans to redevelop the Kohl's property so it was indicated as being outside of the redevelopment area. Councilmember Ryan asked if the mortgage is part of the developer's security and guarantee relative to Phase I. Mr. Boganey answered in the affirmative. • 03/28/11 -1- DRAFT MISCELLANEOUS Councilmember Roche requested an update on the potential of flooding along the Mississippi River. Public Works Director/City E Lil stated the National Weather Engineer Steve lehau g g Service is vague on the Mississippi River in Brooklyn Center and not yet predicting a crest but has determined the probability of flooding is somewhat lowered. He indicated that staff will continue to monitor the situation and keep the Council updated. Councilmember Roche stated there has been sandbagging at the property just north of I -694 at TH252. Mr. Lillehaug reported that so far six property owners had taken advantage of sandbags and sand. Councilmember Roche reviewed the upcoming community events and advocated for the City to send a formal invitation to the White House to come to Brooklyn Center and celebrate its Centennial this summer. He stated the invitation could highlight how the City successfully leveraged use of.public works stimulus funds. Mr. Boganey stated that City staff has not sent a formal invitation to the White House. Mayor Willson advised that the Centennial Committee did send a formal invitation to the White House. He indicated that he was not opposed to the suggestion and would be happy to sign such • letter if approved by the Council. However, he noted that a lot of logistics are involved during • Presidential visit. Councilmember Roche stated such an invitation could provide the possibility of "opening a • window" and he would be happy to coordinate the letter and make contact with the elementary schools to also send invitations. Councilmember Ryan stated that while this is a nice thought, the President's security detail is another consideration. Councilmember Ryan requested discussion on the March 23, 2011, letter from Hennepin County Taxpayer Services and the March 28, 2011, letter from Hinshaw & Culbertson LLP relating to the redevelopment of Brookdale and Sears. Mr. Boganey explained the Hennepin County letter acknowledges receipt of the City's notice to create a new TIF district and is a favorable response. Mr. Eitel noted it also indicates the TIF district satisfies the preference of Hennepin County for use of tax increment financing as a tool of last resort. Mr. Boganey stated the letter from Hinshaw & Culbertson LLP, representing Sears, contains an inaccurate statement that they had received assurances the Council would not take action prior to April 11. Mr. Boganey advised that statement had not been made and the letter contained nothing that is not a repetition of previous comments. Mayor Willson announced a panel discussion will again take place at the Brookdale Library the first weekend in April. The same pastor will be facilitating "Why do Bad Things Happen to Good People." • 03/28/11 -2- DRAFT Mayor Willson stated he received a letter from Dr. Joseph A. Howard about last week's grand • opening of A -List, a non - profit organization for teens in Brooklyn Park. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS WEST PALMER LAKE PARK BUILDING Mr. Lillehaug explained the 2011 Capital Improvement Program (CIP) includes a project to replace the West Palmer Lake Park building. He displayed pictures of the current park building, noting its state of disrepair, and the Kylawn Park building /shelter that was constructed at $250,000. Mr. Lillehaug advised that $300,000 is planned for the West Palmer Lake Park building and it will include a furnace, which was not included in the Kylawn Park building. The West Palmer Lake Park building does not have a hockey rink with boards but a general ice rink. Mr. Lillehaug requested Council input on the replacement of this park building. Mr. Boganey stated if this project comes in under budget, the funds could be used to add a furnace to the Kylawn Park building. However, that may open the expectation that the building would be staffed during winter months, which is not the case. The City Council concurred with the need to replace the current deteriorated West Palmer Lake Park building and directed staff to proceed with the building project consistent with the Kylawn Park building constructed in 2007 -2008 and to include a furnace to extend use during the winter months. REVIEW OF TIF 5 DEVELOPMENT AGREEMENT • Director of Business and Development Gary Eitel stated the Council/EDA gave direction at its January 24, 2011, Work Session for a development framework that was formalized in a letter dated February 1, 2011, to the developer. He explained the development agreement between the EDA and Gatlin Development is 40 -50 pages in length to cover all statutory requirements so a summary will be presented tonight. It was noted the draft development agreement reflects the following modifications to the information available at the January 24, 2011, Council /EDA Work Session: 1. The developer has entered into a purchase agreement to acquire the Midas site and is revising the PUD plans to incorporate this site into the PUD. 2. The developer has agreed to the use of a Pay -As- You -Go Note in lieu of the City issuing a General Obligation (GO) Tax Increment Bond associated with the completion of the minimum improvements of Phase I, which includes the internal streetscaping and daylighting of Shingle Creek. Jenny Boulton, City Attorney's Office, explained the EDA owns a parcel of land within the TIF district that would convey to Gatlin Development as part of the development. State law requires, when an EDA conveys land, that it be done for a purpose and development must commence, beyond site preparation, within one year. • ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL 03/28/11 -3- DRAFT Councilmember Roche moved and Councilmember Ryan seconded to close the Study Session at • 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Roche seconded to reconvene the Study Session at 6:49 p.m. Motion passed unanimously. REVIEW OF TIF S DEVELOPMENT AGREEMENT - CONTINUED The discussion continued on the Gatlin Development development agreement. Mr. Eitel displayed a map of the development and pointed out the EDA site to be conveyed. He explained that document will provide a mechanism by which the EDA property would be appraised, which was completed. It also promotes the incorporation of the Midas site into the PUD. Mr. Eitel stated the first issue is the statutory conveyance of the EDA property and the second issue is that the developer has now included the Midas site into the overall PUD application process. With regard to the Midas site, Ms. Boulton stated the developer is purchasing the land not with cash paid to the EDA but will deliver a promissory note, secured by a mortgage on the EDA parcel. The promissory note will be forgiven and deemed paid if the Midas site is redeveloped consistent with the PUD. Councilmember Ryan asked what the cost is for the EDA property. Mr. Eitel stated the draft appraisal indicates $355,000. Councilmember Roche asked if creek daylighting or road construction would qualify as the beginning of construction. Ms. Boulton stated the surrounding roads may not be sufficient because the Statute relates to the use of the parcel of property. Councilmember Ryan asked if there would have to be buildup on the EDA property to show appropriate use of TIF. Ms. Boulton stated it involves the use of public funds so the property has to be used for the purpose intended through conveying it. Mayor Willson noted that Walmart has not asked for, and will receive no, TIF or assistance. Ms. Boulton stated the TIF law does not have that same time frame for specific development and deals more with the contractual undertaking by the developer and conditions for receiving funds from TIF No. 5. She referenced Article V, Tax Increment Assistance, of the development agreement that addresses the portion paid from tax increments of a new district. Ms. Boulton explained the idea is that when Gatlin Development has completed the items required (minimum improvements), the EDA will deliver a Pay -As- You -Go Note so when tax increments are paid to • 03/28/11 -4- DRAFT the EDA from the County, it will make payment to the developer for up to a 15 -year period, the term of the TIF district. Mayor Willson stated he filly agreed with Ms. Sannes, who addressed the Council at Informal Open Forum, that restaurants are needed in Brooklyn Center and that will happen by building the local economy and bringing in more jobs. ADJOURNMENT Councilmember Roche moved and Councilmember Ryan seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. • • 03/28/11 -5- 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 MARCH 28,2D I I 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 Carol Kleven, Tim Roche, Dan Ryan. Absent and excused was Councilmember Kay Lasman. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. • Diane Sannes, 7006 Willow Lane, announced upcoming events, encouraged the Council to assure restaurants are part of the Shingle Creek Crossing project; and distributed preview copies of the "Shop Local" savings coupon booklet. Councilmember Roche moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION At the request of Councilmember Roche, a representative of BAPS Shri Swaminarayan Mandir, 2300 Freeway Boulevard, provided an Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. • 03/28/11 -1- DRAFT 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven Tim Roche and Dan Ryan. Absent and Y Y excused was Councilmember Kay Lasman. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and 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 Roche moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 14, 2011— Study Session 2. March 14, 2011 —Regular Session 6b. LICENSES • MECHANICAL Alta Htg. and Plbg 19260 Mushtown Road, Prior Lake (dba Clearwater Plbg. & Htg.) Centerpoint Energy 9320 Evergreen Blvd., Coon Rapids Gorham Oien Mechanical, Inc. 841 E. Forest Avenue, Mora Infinity Heating and Air 1017 Meadowwood Dr., Brooklyn Park LBP Mechanical 315 Royalston Avenue N., Minneapolis Mike's Custom Mechanical, Inc. 3946 Central Avenue NE, Columbia Heights Minnesota Heating and Air 1070193 d Avenue N., Maple Grove Quality Refrigeration, Inc. 6237 Penn Avenue S., Richfield Sedgwick Heating and Air 1408 Northland Drive, Mendota Heights RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 1600 69 Avenue N. Vo Hieu Passed with Weather Deferral 5916 Aldrich Avenue N. Hue Xiong 5914 Fremont Avenue N. Queena Sloan Passed with Weather Deferral 6828 Fremont Place N. Ali Sajjad 3701 Woodbine Lane Rose Blalock 03/28/11 -2- DRAFT 5949 York Avenue N. Orrin Hager • Passed with Weather Deferral RENEWAL (TYPE III — one-year license) 5603 Bryant Avenue N. Michael Skrogstad Passed with Weather Deferral 6006 Bryant Avenue N. Faheem Rizvi RENEWAL (TYPE II — two-year license) Evergreen Park Manor 7200 -7224 Camden Avenue N. Sean Bannerman Willow Lane Apartments 7015 -21 Brooklyn Boulevard Jason Quilling 7230 West River Road Nedim and Adisa Frlj Passed with Weather Deferral 4700 Lakeview Avenue Nancy Dahlquist Passed with Weather Deferral 4824 71 Avenue N. C & D Angell's Property Management Passed with Weather Deferral 6018 Admiral Place Lutheran Social Services of Minnesota Passed with Weather Deferral 5712 Logan Avenue N. Dwayne Meier 6901 Quail Avenue N. Lin Shuang, LLC RENEWAL (TYPE I — three-year license) • 1100 69"' Avenue N. Evangelical Lutheran Church of the Master 2401 -03 54 Avenue N. Karboy Properties LLC 361255 th Avenue N. Lutheran Social Services of Minnesota 300663 d Avenue N. John & Anita Landry 292867 Ih Lane N. Benjamin & Nicole Tramm 7142 France Avenue N. Deepak Nath 5401 Humboldt Avenue N William Brook Passed with Weather Deferral 6813 Humboldt Avenue N. B201 Stephanie Sinise Ford 6912 Unity Avenue N. Geri Williams Councilmember Ryan abstained from the approval of the minutes due to his absence at the March 14, 2011, meeting. Motion passed. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS None. • 03/28/11 -3- DRAFT 8. PUBLIC HEARINGS 8a. CONTINUED SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS, NUISANCE ABATEMENT COSTS, AND ADMINISTRATIVE FINES %CITATION COSTS City Manager Curt Boganey introduced the item and discussed the consideration at the last Council meeting when contested assessments were referred to staff for investigation. Assistant City Manager /Director of Building and Community Standards Vickie Schleuning reviewed that six property owners (5012 Lilac Drive, 5607 Aldrich Avenue N., 4806 Twin Lake Avenue, 5800 Ewing Avenue N., 1201 57 Avenue N., and, 5931 Vincent Avenue N.) had appealed their assessment at the March 14, 2011, hearing. The City Council moved to continue the hearing and directed staff to investigate each' appeal and prepared a report for its consideration. Ms. Schleuning presented a summary of staff's findings based on its investigation of each appeal including pictures of the violation, dates of inspection, notices given, and actions taken. She advised staff had followed the legal requirements as set forth by City Code and contacted both the owner and responsible party. It was noted that the assessment for 5800 Ewing Avenue N. had been removed since it was paid by the title company that processed the sale. Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. • Doug Wahl, 1845 Stinson Parkway, regardin g 4806 Twin Lake Avenue., assured the Council that he did not know about the City's new requirements for rental properties until he was contacted by Housing and Community Standards Supervisor Anderson. He stated since he became aware of the regulations, all four of his rental properties were brought into compliance. Ed Doll, 1201 57" Avenue N., explained that the grass was the right height by the building but weeds popped up over several days under the tree. He stated they had sprayed the weeds once but did not want to spray too often because it is close to the street and storm gutter. Mr. Doll stated the weeds were cut before the reinspection and asked the Council to dismiss the assessment. Councilmember Roche moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -48 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011 -48 Certifying Special Assessments for Weed Removal Costs to the Hennepin County • Tax Rolls. 03/28/11 -4- DRAFT The Council acknowledged its strategic goal to stabilize residential neighborhoods. Motion . assed unanimously. Y 2. RESOLUTION NO. 2011 -49 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2011 -49 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 3. RESOLUTION NO. 2011 -50 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES /CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2011 -50 Certifying Special Assessments for Administrative Fines /Citation Costs to the Hennepin County Tax Rolls. Mayor Willson noted that property owners had appealed the assessments under consideration so the assessments were referred to staff for investigation and a report to the Council. • Motion passed unanimously. 8b. MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 5 THEREIN AND APPROVING A TAX INCREMENT FINANCING PLAN THEREFOR City Manager Curt Boganey introduced the item and reviewed the Council's past consideration of the proposed redevelopment by Gatlin Development of portions of the Brookdale Mall, to be known as Shingle Creels Crossing, and from the City's financial consultant and staff relating to financial assistance to facilitate this commercial redevelopment. It was noted the project would require the establishment of a redevelopment plan and creation of a financing district that would become Tax Increment Financing (TIF) District No. 5. Jenny Wolfe, Springsted, presented a summary of the Tax Increment Financing (TIF) Plan for TIF District No. 5, a renewal and renovation district for the Shingle Creek Crossing project. Councilmember Ryan stated the financials for this TIF project are rather complex and noted Walmart will receive no subsidy. He stated the City's financial consultant had verified that there is a need for subsidy for this project to move forward. Ms. Wolfe stated that is correct due to the • 03/28/11 -5- DRAFT extensive cost to prep and develop this site. It was noted that Mr. Gatlin is not willing to do this . project without TIF assistance. Councilmember Ryan stated the amount of subsidy dollars are set conservatively and based on review of financials, the consultant determined the rate of return was not sufficient without TIF assistance. A conservative amount was determined under the TIF plan that puts the developer just into a reasonable rate of return. Ms. Wolfe responded affirmatively. Councilmember Roche stated this is the third or fourth time he has heard this presentation and found it very helpful to better understand the project. Mr. Boganey clarified that the development agreement specifically precludes any benefit to Walmart and the agreement between Gatlin Development and Walmart indicates that Walmart will be a significant contributor to other improvements in the project with infrastructure, daylighting of Shingle Creek, and lighting. Councilmember Roche moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Donald Jackson, 608 North Oaks Drive, Osseo, asked how stores will be selected and how soon the project will proceed, once approved. • Councilmember Ryan moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -51 APPROVING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 5 THEREIN AND APPROVING A TAX INCREMENT FINANCING PLAN THEREFOR Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011-51 Approving a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1 and Establishing a Tax Increment Financing District Therein and Approving a Tax Increment Financing Plan Therefor. In response to the question raised by Mr. Jackson, Mr. Eitel indicated that Gatlin Development is proposing a phased approach over three years and has retained Mid America as its local marketing agent. It is expected the PUD, site plan, and preliminary platting will be completed by the end of April. Demolition will proceed in May /June and development will begin in July /August. Mr. Eitel stated Phase I improvements will be completed in 2012 with the balance of the site maintained in a green passive state while awaiting development, which will be market driven. 03/28/11 -6- DRAFT Motion passed unanimously. LAN 9. P NING COMMISSION ITEMS • 9a. PLANNING COMMISSION APPLICATION NO. 2011 -006 SUBMITTED BY TODD SHAW FOR PRECISION MACHINE, INC. REQUEST FOR PUD AMENDMENT APPROVAL TO REZONE 1700 FREEWAY BOULEVARD FROM I -1 (INDUSTRIAL) TO PUD/I -1 (PLANNED UNIT DEVELOPMENT/ INDUSTRIAL) TO FACILITATE AN EXPANSION OF THE PARKING LOT AND REPURPOSING OF THIS INDUSTRIAL BUILDING FROM WAREHOUSING TO MANUFACTURING Mr. Eitel provided an overview of Planning Commission Application No. 2011 -006 to relocate an existing manufacturing use into the vacant industrial building at 1700 Freeway Boulevard and use of the Planned Unit Development (PUD) ordinance to establish flexibility in allowing expansion of the existing one -way angled parking to a double sided parking lot with a relocation of the driveway unto James Avenue. It was noted that this vacant office /warehouse building would be repurposed with minimal parking lot revision for a manufacturing facility that has been in Brooklyn Center since the 1950s. Presently they have 100 employees, operate two shifts, and this application will accommodate anticipated growth. Mr. Eitel advised of the Planning Commission's consideration and unanimous recommendation for approval of the requested PUD amendment subject to three conditions as detailed in the resolution. 1. RESOLUTION NO. 2011 -52 REGARDING DISPOSITION OF PLANNING • COMMISSION APPLICATION NO. 2011 -006 SUBMITTED BY TODD SHAW FOR PRECISION MACHINE, INC. (1700 FREEWAY BOULEVARD) Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011 -52, Regarding the Disposition of Planning Commission Application No. 2011 -006 Submitted by Todd Shaw for Precision Machine, Inc. (1700 Freeway Boulevard) The Council indicated that while it is aggressive in the redevelopment of the City, it does not want to exclude companies that have been in Brooklyn Center for years. The Council extended its appreciation to Precision Machine for deciding to expand its business in Brooklyn Center and complemented the owners on the site's landscaping. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS None. 03/28/11 -7- DRAFT 11. COUNCIL REPORT Councilmember Roche announced the April 2 2011 Northwest Suburban Remodeling Fair that p g will take place at the Crystal Community Center and offers free workshops. Councilmember Kleven reported on her attendance at the following: • March 15, 2011, Housing Commission meeting to discuss goals and determination to start a Welcome Wagon • March 17, 2011, Planning Commission meeting • March 17, 2011, visit to Odyssey School where she viewed science projects and enjoyed a chili contest dinner • March 19, 2011, District 281 Middle School Spelling Bee where she was a judge Councilmember Ryan reported on his attendance at the following: • March 12 -16, 2011, National League of Cities Congressional Conference in Washington, D.C. that he attended with Councilmember Lasman and reported on meetings and training sessions attended • March 24, 2011, League of Minnesota Cities State Capitol Conference Mayor Willson reported on his attendance at the following: • March 22, 2011, he met with Precision Machine owners, toured its facility, and learned of its plans for expansion. ,Mayor Willson thanked Precision Machine for staying in Brooklyn Center to expand its business • • March 26, 2011, Royal Laotian Armed Services Ceremony held in St. Paul in remembrance of those who fell during the Vietnam War. 12. ADJOURNMENT Councilmember Roche moved and Councilmember Kleven seconded adjournment of the City Council meeting at 8:13 p.m. Motion passed unanimously. • 03/28/11 -8- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER t IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MARCH 28, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council /Economic Development Authority (EDA) met in Work Session called to order by Mayor /President Tim Willson at 8:18 p.m. ROLL CALL Mayor /President Tim Willson and Councilmembers /Commissioners Carol Kleven, Tim Roche, and Dan Ryan. Absent and excused was Councilmember /Commissioner Kay Lasman. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building & Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. REVIEW OF TIF 5 DEVELOPMENT AGREEMENT (CONTINUED) Discussion continued on the creation of TIF 5. Director of Business and Development Gar • p Y Eitel described the Phase I minimum improvements detailed in Article IV of the development agreement. Jenny Boulton, City Attorney's Office, explained the development agreement is the legal document that provides assistance to the developer and sets the legal requirements. The minimum improvements are required to be built in order to receive assistance. She noted the project will be constructed in phases depending on the market for additional retail development, but at the very least, these minimum improvements will be constructed. The City Council /EDA indicated its support to require the minimum improvements in Phase I to assure they are completed. Ms. Boulton presented Article V, Tax Increment Assistance, Upfront TIF District No. 2 Assistance, and explained it will be used to stimulate the creation of jobs, including construction jobs. This money is on hand and eligible for use under the new temporary legislation but has to be contributed to a project started on or before July 1 and spent before the end of the year, which is a limited time frame and this project is expected to meet those requirements. Assistance of $2.4 million from TIF District No. 2 will be in two pieces: $1.4 million to reimburse the developer for the Capmark property acquisition; and, $1 million as a loan that will be forgiven, on a sliding scale, based on the additional development accomplished. If no Phase II improvements are made, the developer will be required to repay the full $1 million plus 6% • 03/28/11 -1- DRAFT interest at the end of five years. This will be secured by a mortgage on the Kohl's property and . the City's would be subordinate (in second position) on the Kohl's mortgage. However, it will not be subordinate to the mortgage taken by Walmart to secure its contribution of funds towards the overall project development. Ms. Boulton explained that the $1.4 million would be contributed for land acquisition costs but rather than being forgiven after the Phase II development is constructed, it would be forgiven earlier in the redevelopment, after construction of the minimum improvements, the Walmart development is underway, and several other conditions. Councilmember /Commissioner Ryan asked whether the City had the prerogative of placing conditions on the $2.4 million from TIF District No. 2, such as creation of jobs. Ms. Boulton answered in the affirmative. Mr. Boganey summarized that the $2.4 million will be broken into 2 pieces: $1.4 million in Phase I with minimum improvements required to be completed within the first year and Walmart being under construction within the first six months; and, $1 million as incentive with Phase II to provide restaurants, other retail, and box boxes, to assure the City does not end up with just a reskinned existing mall and Walmart. The $1 million is forgiven on a sliding scale as retailers are built. Ms. Boulton noted that when tax increments from TIF District No. 5 are sufficient to repay TIF District No. 2, the funds would be available for other projects. Mr. Boganey stated another option is to close TIF District No. 5 early. Ms. Boulton presented Article VI, Encumbrance of the Property, and Article VIII, Transfer Limitations and Indemnification, and advised the development agreement will be recorded, which limits the developer's ability to encumber the property, and then be released when the minimum improvements are constructed. It would also prohibit another developer from taking over the development. However, Gatlin Development would have the authority to lease parcels if it continued to own the parcels or sell parcels. Should the developer default in obligations or become bankrupt, there are remedies the City could take such as stop payments on the Pay -As- You-Go Note or proceed under the mortgage once the developer has had the opportunity to remedy defaults. With regard to the difference between selling general obligation bonds and a Pay -As- You -Go Note, Ms. Boulton explained the Pay -As- You -Go format provides additional leverage to stop making payments and puts some risk back in the developer's hands because if the project does not proceed, payments will not be made. Should bonds be sold, the City has to make payments and if development does not occur it may have to fall back on general taxes to make payments. The City Council /EDA discussed both options and indicated support for a Pay -As- You -Go Note since it reduced the City's overall risk and eliminates the need to finance capitalized interest and pay bond issuance costs. The City Council /EDA also supported the inclusion of the Midas site and resulting PUD amendment. 03/28/11 -2- DRAFT Mr. Boganey concurred that a Pay -As- You -Go Note works for both parties because to sell bonds the developer would also have to provide strong guarantees and assurances, which is not the case • with a Pay -As- You -Go Note. The City Council/EDA acknowledged the concern of its citizens regarding the construction companies that would be used for the project and stated a strong preference that the project use local companies and engage the local skilled labor force. Mr. Boganey explained that . Gatlin Development will purchase the property from Capmark and he expects that Walmart (a private project) will purchase its land and build its own store. Gatlin Development will construct the parking lot, daylight Single Creels, complete landscaping, and may construct other retail buildings. The City Council /EDA discussed that since public dollars are involved, it supported payment of prevailing wages and asked staff to consider how that language can be negotiated and included in the development agreement. Mr. Boganey stated it seems reasonable to include language that would set forth expectations on wages because a public subsidy is involved. The City Council /EDA expressed an interest in reviewing Walmart's yearly budget for giving back to the community but noted that is not part of the development agreement under consideration. The City Council /EDA stated its support to assure landscaping behind Walmart provides adequate screening and to ensure that, all development sites, into perpetuity, are required to maintain its green space through the life of the PUD. Mr. Boganey advised that those details will be addressed in the final PUD consideration before the Planning Commission and again when the PUD is considered by the City Council. • Mr. Eitel stated the Planning Commission, at its March 17, 2011, meeting addressed the use of ecofriendly construction and skylights to provide passive lighting. He stated those issues will be addressed in more detail as the project proceeds. The majority consensus of the City Council/EDA was that the draft development agreement is consistent with the City Council/EDA's direction on the economic assistance /development framework for Shingle Creek Crossing. ADJOURNMENT Councilmember /Commissioner Ryan moved and Councilmember /Commissioner Roche seconded adjournment of the City Council/Economic Development Authority Work Session at 9:04 p.m. Motion passed unanimously. • 03/28/11 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF APPEAL AND EQUALIZATION APRIL 4, 2011 CITY HALL — COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Councilmember Tim Roche arrived at 7:03 p.m. Also present were City Manager Curt Boganey, City Assessor Nancy Wojcik, Appraiser Jill Brenna, Appraiser Technician Karen Casto, Hennepin County Commercial Appraiser Chris Bennett, and Deputy City Clerk Maria Rosenbaum. 2. LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM . City Assessor Nancy Wojcik introduced the Local Board of Appeal and Equalization and discussed the Certification form. 3. THE PURPOSE OF THE LOCAL BOARD OF APPEAL AND EQUALIZATION Ms. Wojcik explained the purpose of the Local Board of Appeal and Equalization. 4. QUESTIONS REGARDING THE LOCAL BOARD OF APPEAL AND EQUALIZATION DUTIES There were no questions regarding the Local Board of Appeal and Equalization duties. 5. THE ASSESSOR'S REPORT Ms. Wojcik reported on the sales for residential, commercial /industrial, and apartments occurring during the October 1, 2009, through September 30, 2010, study period. The residential open market sales occurring during this study period were analyzed by comparing them to the previous assessment and the preliminary assessment process. The preliminary final assessment is then analyzed statistically to ensure accuracy and uniformity. • 04/04/11 -1- DRAFT The valuation of the commercial /industrial properties is primarily accomplished through an analysis of the rental market, potential income, and the sale market. Sales data used is provided from a shared sales exchange program with Hennepin County that provides sale data, property • characteristics, and verified information on both open and non -open market transactions within Anoka, Hennepin, Ramsey, and Carver Counties. The apartment assessment is based on a combination of market sale activity and analysis of the rental market and apartment surveys are sent out annually to collect market trends in rental income and vacancy within the City. Information regarding expenses and improvement costs are also included to give a complete picture of the apartment market. During the summer of 2010 the Assessor's Office conducted approximately 1,$94 re- inspections located within the area south of 65 Avenue North, west of Shingle Creek and north of 59 Avenue North to the western City _ limits. In addition, a portion of commercial, industrial, apartment, and exempt properties were also included. The overall value changes made to the 2011 assessments were as follows: Citywide (including all property types) -2.60 percent Citywide (excluding new construction) -3.20 percent Citywide (residential single - family detached only) -2.76 percent Citywide (excluding new construction) -2.92 percent Commercial -4.90 percent Industrial -3.10 percent Apartments -0.50 percent • Condominiums -1.80 percent Townhouses -7.10 percent Double Bungalows -8.00 percent Residential Neighborhoods: #50456 All Residential -2.76 percent #50455 Residential Off Water -2.60 percent 456 Residential Waterfront -7.28 percent 6. QUESTIONS REGARDING THE ASSESSMENT REPORT There were no questions regarding the Assessment Report. 7. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS The following addressed the Board to appeal their 2011 estimated market values: Tony Yang, Kashia Adult Daycare, 5650 Lilac Drive N, addressed the Board with his Appraiser Kari Jacobson to discuss this properties appraisal and highest and best use. 04/04/11 -2- DRAFT • Ms. Wojcik read her report and explained staff s recommendations for the property located at 5650 Lilac Drive N as included in the packet. She indicated that she originally suggested sustaining this property's 2011 estimated market value of $478,700 for taxes payable in 2012; • however, with the new information provided by the" appraiser, she would like to review the information and bring back a report to the reconvene meeting. A motion by Councilmember Lasman, seconded by Councilmember Ryan to have this property reviewed and brought back to the reconvene meeting. Motion passed unanimously. Bob Strand, on behalf of 9816 Palm Street LLC, 6300 France Avenue N, addressed the Board to express that he believes the assessment is too high and that it should be more in the range of $125,000. Ms. Wojcik read her report and explained staff's recommendations for the property located at 6300 France Avenue N as included in the packet. Her suggested recommendation is to reduce the 2011 estimated market value of $143,300 to $139,900 for taxes payable in 2012, as indicated by physical review and sales comparables. A motion by Councilmember Lasman, seconded by Councilmember Roche to reduce the 2011 estimated market value of $143,300 to $139,900 for taxes payable in 2012, as indicated by physical review and sales comparables. Motion passed unanimously. Abraham & Lizeth Montemayor, 5307 Knox Avenue N, were not present at this meeting and Ms. Wojcik read her report and explained staff s recommendations for the property as included in the packet. A motion by Councilmember Roche, seconded by Councilmember Ryan to sustain the 2011 estimated market value of $213,000 for taxes payable in 2012, as indicated by physical review and sales comparables. Motion passed unanimously. 8. APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT Bill Stoner, 5001 Drew Avenue N, and his representative Randi Erickson, addressed the Board to discuss this properties covenant. (This was a written appeal and owner was present this evening so the Board discussed at this time.) Ms. Wojcik read her report and explained staff's recommendations for the property located at 5001 Drew Avenue N as included in the packet. She indicated that she would like to do further review of the office /showroom market and restrictive covenant documentation and report back to the Board at the reconvene meeting. A motion by Councilmember Lasman, seconded by Councilmember Roche to have this property reviewed and brought back to the reconvene meeting. Motion passed unanimously. Scott Kevitt, 5306 Perry Avenue N, addressed the Board to express his concern with the appraisal that he had done last fall and the current estimated market value. • 04/04/11 -3- DRAFT Ms. Wojcik indicated that she would like to do further review due to the unique size of the property and report back to the Board at the reconvene meeting. A motion by Councilmember Lasman, seconded by Councilmember Ryan to have this property • reviewed and brought back to the reconvene meeting. Motion passed unanimously. Ludmilla Bryskina, 5601 Indiana Avenue N, and her real estate agent Kirby addressed the Board to inform that she had just purchased the property and closed on March 25, 2011. Ms. Bryskina believes that the 2011 assessment is too high and would like to have the Assessor's Office do a review of the property. Ms. Wojcik indicated that she would like to do further review on this property and report back to the Board at the reconvene meeting. A motion by Councilmember Ryan, seconded by Councilmember Kleven to have this property reviewed and brought back to the reconvene meeting. Motion passed unanimously. Brett Hildreth, on behalf of Dragon Property Management, 720 69 th Avenue N, addressed the Board to express his concern that he believes the estimated 2011 assessment is too high and outlined some comparable sales. Ms. Wojcik indicated that she would like to do further review on this property and report back to the Board at the reconvene meeting. A motion by Councilmember Roche, seconded by Councilmember Lasman to have this property • reviewed and brought back to the reconvene meeting. Motion passed unanimously. 9. CONSIDERATION OF WRITTEN APPEALS The following provided written appeals and were not present. David Trepanier, 5801 Knox Avenue N, believes his estimated market value is too high. Ms. Wojcik indicated that she would like to review this property since no market or expense data had been provided and report back to the Board at the reconvene meeting. A motion by Councilmember Lasman, seconded by Councilmember Ryan to have this property reviewed and brought back to the reconvene meeting. Motion passed unanimously. Bill Stoner, 5001 Drew Avenue N, had his property discussed as part of the Appearances by Taxpayers Without an Appointment. Michael Seery, 615 66 th Avenue N had submitted an appeal application along with an appraisal with income and expense data as requested. Ms. Wojcik indicated that she would like to complete a review of the appraisal report along with income and expense documentation provided and report back to the Board at the reconvene meeting. i 04/04/11 -4- DRAFT • A motion by Councilmember Lasman, seconded by Councilmember Ryan to have this property reviewed and brought back to the reconvene meeting. Motion passed unanimously. • Extended Stay Hotel, 2701 Freeway Boulevard, submitted an appeal application with income and expense data. Ms. Wojcik discussed that the actual income approach is used to determine the 2011 estimated market value and she recommends sustaining the 2011 estimated market value at $2,530,000 or $24,327 per room for taxes payable in 2012. A motion by Councilmember Lasman, seconded by Councilmember Roche to sustain the 2011 estimated market value at $2,530,000 or $24,327 per room for taxes payable in 2012. Motion passed unanimously. 10. SET DATE OF LOCAL BOARD OF APPEAL AND EQUALIZATION RECONVENE MEETING Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Board of Appeal and Equalization meeting on April 18, 2011, at 6:00 p.m. Motion passed unanimously. 11. ADJOURN Councilmember Lasman moved and Councilmember Roche seconded to recess the meeting at 8:47 p.m. Motion passed unanimously. • 04/04/11 -5- DRAFT I� City Council Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM DATE: April 5, 2011 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval '09 Recommendation: It is recommended that the City Council consider approval of the following licenses at its April 11, 2011, 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 • Assured Heating A/C 13571 Balsam Lane, Dayton CenterPoint Energy 9320 Evergreen Boulevard, Coon Rapids Central Heating and Cooling 26009 Nightingale Street NW, Isanti Istel's Installation 2500 Highway 88, St. Anthony Gorham Oien Mechanical 841 Forest Avenue E, Mora Lee's Heating & Air 10500 7th Street NE, Blaine Northern Heating & Air 9431 Alpine Drive NW, Ramsey RENTAL See attached report. SIGN HANGER Spectrum Sign Systems, Inc. 2025 Gateway Circle, Centerville • Hission: Ensuring an attractive, clear, safe eonununity that enhances the quality of fife and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 • Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 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 (? 75,but not mQTe than I , „ 5 , Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 , but.nat mare than 3 ” , Type IV — 6 Months 1 -2 units Greater than 8 3+ units'. Greater than 3 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3 -4 units `' 0= x.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 riotmore than 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; Grreaterthan:1' 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Alission: Ensuring an attractive, clean, :safe community that enhances the duality of life and preserves the public trust ��-�� Rentalk Li;ce.ns`es;fo'r�� "Co�ncrl a�► r-oua:h on A rr��11 � -2:011 � � . � �� ' � -T_ ,_� z y =, pp., ► x .... ., t i =..m .. , -. . -... , _..,.- .*-xx .<.,,. , ti, m., �,� . K,.,> . .:;. ,.. x _.:�' r� �.F; ,,',' ,- mss. „�?.' f, e,aN . . F, �,.��; .R.� ~?k ,✓ . ,^` ,a•,�m,# a Property "` r Final Dwelling Renewal Code, License Police License Cinpaid Unpaid Property Address Type or lnitlal - Owner Vio'lations Type CFS * ` Type * *' .Utilities; Tares 4112 61st Ave N Single Family Initial Christina Duong 0 II N/A II OK OK 2923 68th Ln N Single Family Initial Steven Pfeiffer 0 II N/A II OK OK 5330 Girard Av N Single Family Initial Charles Bright 2 II N/A II OK' OK 6807 Humboldt Ave N C101 Passed w /Weather Deferral Single Family Initial Raymond Charest 2 II N/A II OK OK 6807 Humboldt Ave N C204 Passed w /Weather Deferral Single Family Initial Raymond Charest 3 II N/A II OK OK 6813 Humboldt Ave N B102 Passed w /Weather Deferral Single Family Initial Raymond Charest 2 II N/A II OK OK 6813 Humboldt Ave N 8203 Passed w /Weather Deferral Single Family Initial Raymond Charest 2 II N/A II OK OK 6813 Humboldt Ave N 8204 Passed w /Weather Deferral Single Family Initial Raymond Charest 3 II N/A II OK OK 6813 Humboldt Ave N 8304 Passed w /Weather Deferral Single Family Initial Raymond Charest 5 III N/A III OK OK 6819 Humboldt Ave N A102 Passed w /Weather Deferral Single Family Initial Raymond Charest 1 II N/A II OK OK 6819 Humboldt Ave N A104 Passed w /Weather Deferral Single Family Initial Raymond Charest 4 II N/A II OK OK 6819 Humboldt Ave N A201 Passed w /Weather Deferral Single Family Initial Raymond Charest 1 II N/A Il OK OK 6819 Humboldt Ave N A204 Passed w /Weather Deferral Single Family Initial Raymond Charest 1 II N/A II OK OK 2913 Nash Rd Single Family Initial Michael & Beverly Bernier 0 II N/A II OK OK River Glen Apts 8 Bldgs 43 15 407 70th Ave N 128 Units Renewal Gary Brummer .36 /Unit I .12 /Unit I OK OK 3012 -18 51st Ave N Two Family (2) Renewal Steven & Debra Elhardt 0 1 0 1 OK OK 909 58th Ave N Passed w /Weather Deferral Single Family Renewal Clinton Blaiser 3 II 0 II OK OK 4700 63rd Ave N Single Family Renewal Lin Shuang, LLC 1 1 0 1 OK OK I IIIq 11114G616N 1 11 -r!I,LII -., films life - ®,._a ,y„ ., to l l li iiii� lir - iui>_� ,€ll�lllil!'11111IP1919,I1 q, I 1 u 1, 1 ,�sw_ ooh c ,'s,) llH� _ 9 1 �� s f©r Ca �.:1 r� uaV ,w '.,�,,,,.., —10,00"1 �i r'i,. Property Fin a D�tiel �� .ling aenawai � Code Lieene Police License Unpaid Unpaid Property Address „o, Type o or Initial Wnelilil _° Violations Type US * '``Type' * Utilities Taxes 4307 66th Ave N Single Family Renewal Patrick Doring 0 1 0 1 OK OK 6117 Beard Ave N Single Family Renewal Cynthia Grant 0 1 0 1 OK OK 6915 Brooklyn Blvd Single Family Renewal Curtis Cady 0 1 0 1 OK OK 6031 Colfax Ave N Single Family Renewal J Thomas Equities LLC 6 111 0 111 OK OK 6806 Drew Ave N Single Family Renewal Thomas Davidson 2 II 2 III OK OK 5903 Emerson Ave N Single Family Renewal Chai Lee 1 1 1 1 OK OK 6906 Newton Ave N Passed w/Weather Deferral Single Family Renewal Eric Syrstad 4 II 0 II OK OK 6930 Newton Ave N Passed w/Weather Deferral Single Family Renewal Desra Widdel 2 11 0 1 11 OK OK 6400 Quail Ave N Passed w/Weather Deferral Single Family Renewal Pavel Sakurets 2 II 0 11 OK OK 6437 Scott Ave N Single Family Renewal Greg Gervlis 6 III 0 111 OK OK 7033 Unity Ave N Single Family Renewal Matthew Vetter 0 1 0 1 OK OK 6605 Xerxes PI N Single Family Renewal Ryan Bernard 3 11 0 II 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 I=3 year Type II =2 year Type 111=1 year Type IV=6 mos City Council Agenda Item No. 6c • • MEMORANDUM - COUNCIL ITEM • DATE: April 5, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer G - O p nh SUBJECT: RESOLUTION DESIGNATING 2011 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES Recommendation: It is recommended that the City Council consider approval of the attached resolution designating the 2011 planting list of allowable boulevard tree species. Background: In 1990, City residents and Council members expressed strong support for an improved city forestry program. Staff was directed to develop a Community Forestry Work Plan and policies regarding public tree care. In February 1992, Chapter 20 of the Code of Ordinances regarding trees was adopted by the City Council. Section 20 -402 of the ordinance states that the City Council shall annually adopt a resolution designating allowable boulevard tree species. This section is included in the ordinance to emphasize the importance of maintaining a variety of species to reduce the impact of future tree • disease and to assure that all boulevard trees be located so as to avoid creating future sight distance problems. Attached is a resolution designating the 2011 planting list of allowable boulevard tree species along with a copy of the boulevard permit that residents are required to complete and submit before the planting of boulevard trees. The 2011 planting list is identical to the 2010 list. Budget Issues: Staff time for inspections is minimal. There are no other significant budget issues. Council Goals: Strategic: 6. We will respond to increased public awareness and interest in environmental sustainability and green community issues Mission: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION DESIGNATING 2011 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, Section 20 -402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following trees are hereby designated as allowable boulevard tree species for 2011: Crabapple (Flowering) & cultivars Linden (American) Birch (River, Paper) Oak (Pin) Elm (Accolade) Oak (White, Bur, Swamp) Ginko (male tree only) Oak (Northern Red) Hackberry Maple (Autumn Blaze) Honeylocust (Imperial, Shademaster, Maple (Red) & cultivars Skyline, Thornless) Maple (Sugar) & cultivars • Kentucky Coffeetree Serviceberry Linden (Littleleaf) April 11, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. p Yp p • City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Phone 763 -569 -3340 PERMIT BOULEVARD TREE PLANTING PROPERTY ADDRESS: OWNER NAME: ADDRESS: CITY, STATE, ZIP: PHONE: DAY OTHER VARIETY OF TREE: TO BE PLANTED (COMMON NAME) APPROXIMATE DATE OF PLANTING: Please stake or otherwise indicate your preferred tree location as soon as possible I have called or will call Gopher State One Call at 651 -454 -0002 to obtain underground utility locations Owner Signature Date * * * ALLOW 48 HOURS FOR PROCESSING City use only: Initial and date each item checked Variety At least 5' from underground utilities Sight Distance At least 10' from overhead utilities Approx. width of Blvd. Proposed distance from edge of street Sidewalk? Proposed distance from edge of sidewalk • ALL REQUIREMENTS MET: Signature Title Date i � d4 • BEFORE YOU LE e Q GI�B�1I,, 4l =,fet'�o e • • • The City Council of the City of Brooklyn Center has adopted an ordinance to establish policies for the care of boulevard trees. The ordinance contains very specific information regarding where boulevard trees maybe planted Please read the following information before you plant a boulevard tree. A copy of the complete ordinance is available at City Hall. Section 20 -200. PUBLIC TREE CARE IN GENERAL Subdivision 3. Planting Boulevard Trees. No tree may be planted on the • boulevard except by permit obtained from the director of public works or designee. The City may move, remove, or trim or cause or order to be moved, removed, or trimmed any boulevard tree not planted by permit, or any boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection, location, and care of said trees are in accordance with the provisions of this code. The purpose of a permit is to ensure that all requirements are met, most especially those relating to sight distance, both at corners and near driveways, sidewalks, alleys, etc. The following is the list of allowable boulevard trees for 2011: Crabapple (Flowering) & cultivars Linden (American) Birch (River, Paper) Oak (Pin) Elm (Accolade) Oak (White, Bur, Swamp) Ginko (male tree only) Oak (Northern Red) Hackberry Maple (Autumn Blaze) Honeylocust (Imperial, Shademaster, Maple (Red) & cultivars Skyline, Thornless) Maple (Sugar) & cultivars Kentucky Coffeetree Serviceberry Linden (Littleleaf) • City Council Agenda Item No. 6d • • TO: Mayor and Councilmembers FROM: Curt Boganey, City Manage , DATE: April 5, 2011 SUBJECT: Resolution accepting the executive summary from Donald Salverda and Associates from the City of Brooklyn Center City Council and Department Heads 2011 Leadership Planning Team Building Retreat and adopting a Mission Statement, Values Statement and Goals Program Recommendation: It is recommended that the City Council consider adoption of the subject resolution. Background: On March 5, 2011 the City Council and Department Heads met in a full day Leadership- Planning -Team Building Retreat at the Earle Brown Heritage Center. The facilitator was • Don Salverda and Associates of Roseville, Minnesota. Having received and reviewed the Executive Summary it is believed that this document accurately reflects the discussion and consensus reached by the City Council at the retreat. Included in the summary is the agreed upon Mission Statement, Values Statement and Goals Program. The Council has adopted the Strategic Plan derived from the retreat and committed to implementation of this plan. Adoption of the resolution accepts the report as submitted and confirms the Mission, Values Statement and Strategic Goals which will continue to guide the direction of the City and staff as it pursues the policies of the City Council Fiscal Issues: The adoption of this resolution will have no immediate fiscal consequences. It is fair to say that the implementation of the necessary strategies will have budgetary implications in the future. C: • Councilmember introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING THE EXECUTIVE SUMMARY FROM DONALD SALVERDA AND ASSOCIATES FROM THE CITY OF BROOKLYN CENTER CITY COUNCIL AND DEPARTMENT HEADS 2011 LEADERSHIP PLANNING AND TEAM BUILDING RETREAT AND ADOPTING A MISSION STATEMENT, VALUES STATEMENT, AND GOALS PROGRAM WHEREAS, the Brooklyn Center City Council and Department Heads met on March 5, 2011, in a leadership planning and team building retreat facilitated by Mr. Donald Salverda; and WHEREAS, the City Council after receiving input from the management team has decided upon the City Mission Statement, Statement of Values, and 2011 Goals Program; and WHEREAS, these statements of City Policy shall serve as a guide and direction to the City Manager and his staff as they conduct the business of the City; and WHEREAS, the City Council commits itself to the adherence to these Statements and all reasonable efforts in 2011 and beyond toward the achievement of these goals. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the executive summary from the March 5, 2011, Leadership Planning and Team Building Retreat is accepted and the Mission Statement, Values Statement, and 2011 Goals are officially approved and adopted. April 11, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • WORK BEHAVIOR STYLES 2011 NAME GRAPH III PROFILE PATTERN Tim Willson (1) 6713 Inspirational Kay Lasman (C) 3456 Perfectionist Dan Ryan (C) 2437 Objective Thinker Tim Roche (DI) 7711 Inspirational Carol Kleven (1) 5742 Persuader Curt Boganey (1) 5625 Appraiser Vickie Schleuning (C) 5227 Creative • Dan Jordet (1) 3645 Practitioner Jim Glascoe (C) 4446 Objective Thinker Gary Eitel (ISC) 2555 Practitioner Lee Gatlin (D) 6143 Developer Kevin Benner (C) 5526 Appraiser Steve Lillehaug • Donald Salverda & Associates Roseville Professional Center - Suite 620 • 2233 N. Hamline Avenue - Roseville, MN 55113 (651) 484 -1335 THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS 2011 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT EXECUTIVE SUMMARY THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS • 2011 LEADERSHIP — PLANNING — TEAM BUILDING RETREAT TABLE OF CONTENTS Pa4e INTRODUCTION............................................... ............................... 1 II INTRODUCTORY REMARKS .............................. ............................... 2 III COMMUNICATION ENHANCEMENT .................... ............................... 3 IV REVIEW OF PROGRESS ..................................... ............................... 3 V LEADERS AND MANAGERS ARE BEING CHALLENGED ......................... 4 VI THE CITY'S MISSION AND VALUES STATEMENTS . ............................... 4 VII CHANGES AND EXTERNAL FORCES THAT ARE EXPECTED TOIMPACT THE CITY ......................................... ............................... 4 VIII ISSUES AND OPPORTUNITIES FACING THE CITY ..... ............ :............... 4 IX THE CITY'S ONGOING AND STRATEGIC GOALS (PROPOSED) ................. 5 X THE DESIRED OUTCOMES FOR EACH OF THE CITY'S GOALS ................. 5 XI THE SUCCESS TARGETS FOR EACH OF THE CITY'S GOALS AND DESIRED OUTCOMES ................................... ............................... 5 XII ACTION PLANS TO ACHIEVE THE GOALS AND DESIRED OUTCOMES...... 5 XIII WORKING AS A TEAM— UNDERSTANDING WORK BEHAVIOR STYLES....... 5 XIV ROLES AND RESPONSIBILITIES .............................. ............................... 6 XV EXPECTATIONS AND CONTRIBUTIONS .................... ........... ................... ... 6 XVI ORGANIZATIONAL CLIMATE QUESTIONNAIRE ............................ I............. 6 XVII CLOSING REMARKS ............................................. ............................... 6 XVIII EVALUATION OF THE RETREAT AND PARTICIPANT COMMENTS .............. 7 XIX RECOMMENDED FOLLOW-UP ACTIONS ................... ............................... 7 ATTACHMENTS..................................................... ............................... 8 -33 • THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS 2011 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT • INTRODUCTION The council members, city manager, and department heads of the City of Brooklyn Center held a Leadership — Planning — Team Building Retreat on March 5, 2011. The retreat was held at the Earle Brown Conference Center in Brooklyn Center. The retreat facilitator was Don Salverda, President of Donald Salverda and Associates of Roseville, Minnesota. Participants at the retreat were: Tim Willson Mayor Kay Lasman Council Member Dan Ryan Council Member Tim Roche Council Member Carol Kleven Council Member • Curt Boganey City Manager Vickie Schleuning Assistant City Manager & Director of Buildings & Community Standards Gary Eitel Director of Business and Development Lee Gatlin Fire Chief Kevin Benner Police Chief Dan Jordet Finance Director Jim Glasoe Director of Community Activities and Recreation Services Note: Public Works Director and City Engineer Steve Lillehaug was on vacation and could not attend the retreat. • 1 i The primary objectives of the retreat were: • 1 To rovide an opportunity to become better a cquainted with the new p pp ty a council member and police chief, integrating them onto the city's leadership team 2) To review progress being made by the city (particularly on 2010 projects, ongoing and strategic goals, and success target results) 3) To build on previous retreats 4) To discuss changes and forces that are likely to impact the city 5) To develop updated consensus on issues and opportunities facing the city (1 — 3 year perspective) 6) To develop an updated -goals program for the city (1 — 3 year perspective) 7) To review the roles, responsibilities and expectations of the city's leadership team 8) To discuss ways that the council and staff can improve their overall effectiveness • 9) To be both educational and eniovable This report summarizes the results of the retreat and includes recommendations for follow -up actions to be taken. II INTRODUCTORY REMARKS Mayor Tim Willson welcomed participants to the retreat. He particularly welcomed the city's new council member Carol Kleven and the city's new Police Chief Kevin Benner. He thanked the staff for the very good job they are doing for the city. He indicated that the city is moving in the right direction and has had many successes. He indicated the importance of holding an annual retreat and to build on the successes of the past. City Manager Curt Boganey also welcomed participants to the retreat. He said that previous retreats have gone well and provide the staff with needed direction from the council. He anticipates that this year's retreat will go equally well. He stressed the importance of having positive working relationships within the city's leadership team. He then introduced the retreat facilitator, Don Salverda. • 2 III COMMUNICATION ENHANCEMENT After introductory remarks were made, the facilitator indicated that one of the • objectives of the retreat was to become better acquainted and to enhance communication among the participants. He congratulated the new council member Carol Kleven and the new Police Chief Kevin Benner and indicated the importance of getting to know the other members of the city's leadership team. He said that effective teams have three things in common: goals, clarified roles and responsibilities, and positive working relationships built on communication and trust. He also said that effective teams normally progress through four stages: forming, storming, norming and performing. The first activity began the communication process by providing the participants the opportunity to share backgrounds, perspectives on the greatest challenges facing the city and expectations for the retreat. The group discussions, refreshment breaks, and luncheon provided additional opportunities to further enhance communication. See Attachment A for the Greatest Challenges Facing the City and Expectations for the Retreat IV REVIEW OF PROGRESS • The next activity focused on a Review of Progress being made during the last year. It was agreed that considerable progress has been made in a number of areas. Participants listed numerous successes, discussed problems that have been encountered and lessons that have been learned. Participants agreed that despite the numerous successes, there is room for improvement. See attachment B -1 for the Review of Progress being made Participants also discussed four questions pertaining to the city: Q, What's working well? Q2 What's not working well? Q3 What's the city not doing that it should be doing? Q4 What's the city currently doing that it should not be doing? See attachment B -2 for the Responses to the Questions • 3 V LEADERS AND MANAGERS ARE BEING CHALLENGED • The facilitator rovided information on leadership, pointing out that leaders and p p. p 9 managers at all levels of organizations in both the public and private sectors are being challenged as never before. In the public sector, government officials and professional staff are faced with the dilemma of meeting increasing service needs with limited funding capability. It was pointed out that in year 2011 and beyond increased emphasis is being placed on individual leadership and leadership development within organizations. VI THE CITY'S MISSION AND VALUES STATEMENTS The Mission Statement is a statement that describes the organizations overall purpose and reason for existing. Participants reviewed and affirmed the City's Mission Statement. The Values Statement defines the core values that guide the day -to day activities of the City's personnel. Participants reviewed and affirmed the City's Values Statement. See Attachement C for the City's • Mission and Values Statement VII CHANGES AND EXTERNAL FORCES THAT ARE EXPECTED TO IMPACT THE CITY Participants discussed changes and external forces that are expected to impact the city in the next five years. See Attachment D for the Listing of Changes and External Forces That Are Expected to Impact the City VIII ISSUES AND OPPORTUNITIES FACING THE CITY Participants identified a number of issues and opportunities facing the city. The list provides a fresh update and consensus on issues to be addressed by the city. See Attachment E for the Listing of Issues and Opportunities Facing the City • 4 IX THE CITY'S ONGOING AND STRATEGIC GOALS (PROPOSED) The identified issues and opportunities were then converted into a Proposed Goals Program." The goals program includes six ongoing and six strategic (1 -3 year) goals. It should be noted that the proposed goals program is a continuation of the goals program adopted in 2010. See Attachment F for the Proposed Goals Program X THE DESIRED OUTCOMES FOR EACH OF THE CITY'S GOALS The staff, under the guidance of the city manager, will develop updated desired outcomes for each of the city's goals and present these proposed outcomes to the council. XI THE SUCCESS TARGETS FOR EACH OF THE CITY'S GOALS AND DESIRED OUTCOMES The staff, under the guidance of the city manager, will develop updated success • targets for each of the city's goals and desired outcomes and present those success targets to the council. XII ACTION PLANS TO ACHIEVE THE GOALS AND DESIRED OUTCOMES The final piece of the City's updated strategic plan is the development of action plans to achieve the goals and desired outcomes. These action plans will align and guide the City's work force in meaningful activities leading toward goal and desired result achievement. These action plans also will be developed by the staff under the guidance of the city manager. XIII WORKING AS A TEAM — UNDERSTANDING WORK BEHAVIOR STYLES Much of effective leadership and team success is understanding and working with various behavior styles. Participants identified their different work behavior styles. By identifying behavior styles and understanding the differences in styles, hopefully increased communication, harmony, teamwork and productivity will result. • 5 XIV ROLES AND RESPONSIBILITIES Participants reviewed and discussed d the roles and mayor responsibilities of the city council, council members, the mayor, the city manager, department heads, city employees, and citizens. See Attachment G for the Listing of Mayor Roles and Responsibilities XV EXPECTATIONS AND CONTRIBUTIONS Participants next discussed expectations that the council has of staff and the staff has of the council. Participants also discussed contributions that the council and staff bring to the city's leadership team. See Attachment H for the Listings of Expectations and Contributions XVI ORGANIZATIONAL CLIMATE QUESTIONNAIRE Participants each filled out an organizational climate questionnaire indicating their perceptions as to where the city is "currently at" and where it "ought to be" in seven dimensions. Participants indicated there continues to be room for improvement. See Attachment 1 for the Summary of the Organizational Climate Questionnaire XVII CLOSING REMARKS The retreat concluded with the facilitator challenging the participants to make a positive impact in their leadership roles. He pointed out the interdependency of the council and staff and the need to be mission and goal directed. He also said "we're all a work in progress." Mayor Tim Willson and City Manager Curt Boganey closed the session by thanking everyone for participating. They said it was a very productive day. Both expressed their satisfaction with the teamwork of the council and staff and the direction the city is headed. 6 XVIII EVALUATION OF THE RETREAT . The retreat was well received by participants with an overall rating of 4.2 on a scale of 1 = low and 5 = high. See Attachment J for the Evaluation of the Retreat and Participants Comments XIX RECOMMENDED FOLLOW -UP ACTIONS It was agreed that considerable progress was made at the retreat and that follow - up actions are needed. A recommended sequence of actions are: 1) The participants review the Executive Summary of the retreat 2) The city council reaffirms the city's mission and values statements 3) The city manager fine tunes the goals program and oversees the development of desired outcomes and success targets for city council consideration 4) The city council approves and formally adopts the finalized goals program 5) Action plans be developed for each goal and desired outcome under the guidance of the city manager 6) The city council and city manager monitor progress on achievement of the goals during the year 7) A follow -up retreat be scheduled in one year to evaluate progress and update the goals and desired outcomes Executive Summary Written by the Retreat Facilitator Don Salverda Donald Salverda & Associates Roseville Professional Center, Suite 511 2233 North Hamline Roseville, MN 55113 • (651) 484 -1335 7 • Attachment A GREATEST CHALLENGES FACING THE CITY 1) "The economy and the city's budget" 2) "The city's image" 3) "An aging residential housing stock" 4) "Demographic changes and the continued integration of a diverse community" 5) "Becoming complacent: both externally and internally" 6) "Foreclosures" 7) "Vacant Businesses" 8) "The cost of redevelopment and assembling properties" 9) "Meaningful communication with the public" 10) "Attracting new development to the city" 11) "The school district" 12) "The city's quality of life" 13) "Local market conditions" Note: The comments made on pages 8 -13 were offered individually by participants at the session. The comments were for discussion purposes and ultimately for the development of the city's goals. The group did not adopt these statements or officially support them as a unified statement of the city. 8 Attachment A (continued) • EXPECTATIONS FOR THE RETREAT 1) "To develop closer working relationships" 2) "To be open, to listen, to communicate with others" 3) "To better get to know other members of the leadership team" 4) "To update the city's goals and to develop greater trust" 5) "To get feedback from council members" 6) "To integrate new members onto the city's leadership team and to update the city's goals" 7) "Team building" 8) "Transformational thinking and discussion of the city's changing needs" • 9 Attachment B -1 REVIEW OF PROGRESS BEING MADE BY THE CITY The Successes 1) "The completion of the Shingle Creek Crossing" 2) "The construction of the FBI building" 3) "Street reconstruction" 4 Bass Lake Road and Xerxes 5) "Gateway Commons" 6) "Crime reduction" 7) "The city's neighborhood meetings" 8) "The rental housing program" • 9 "The arrival of the new Family Services Bureau" 10) "The coordination of the Three Rivers Park programs" 11) "The AMR (Automated Meter Reading)" 12) "The planning for the city's centennial celebration" 13) "The Twin Lakes Watershed District improvements" 14) "The city's AA financial rating" 15) "The council and department heads working as a team" 16) "The city continues to provide quality services with limited resources" 17) "The city's building maintenance and energy efficiency projects" 18) "Implementing the Police Department's Juvenile Unit" 19) "Recognition of the JCPP (Joint Community Police Partnership)" 20) "Progress on the Brooklyn Bridge Youth Cooperative" 10 Attachment B -1 The Problems Encountered (continued) 1) "The challenge to 'do more with less "' 2) "Reductions in local government aid to the city" 3) "Communication with the public" 4) "A decline in home values" 5) "Vacant businesses and houses" 6) "A perception that there is a high level of crime in the city" 7) "The city's image" 8) "Delays in completing projects" - 9) "Conflicts with the Department of Agriculture" 10) "Code enforcement" 11) "Identity problems with the City of Brooklyn Park" • The Lessons Learned 1) "Advanced planning is important to successful projects" 2) "The importance of patience" 3) "Success breeds success" 4) "The importance of resiliency" 5) "The importance of being a positive ambassador for the city" 6) "The importance of having a good public hearing process" 7) "The importance of 'framing the vision' of a project or service and then communicating that vision" 8) "The importance of partnerships" 11 THE CITY OF BROOKLYN CENTER Attachment B -2 MARCH 2011 Qi What's working well with the city? 1) "The building of 'the community' of Brooklyn Center" 2) "The services provided to the citizens (customers) by the city" 3) "The city's administration and programs" 4) "The city's finances" 5) "The council teamwork" 6) "Council -Staff relationships" 7) "The teamwork and collaboration of the city's departments" 8) "The city's annual retreat and goal- setting process" 9) "The city's planning" 10) "The city's rental ordinance" • 11) "A positive attitude and overall harmony of staff' Q2 What's not working well with the city? 1) "The city's image" 2) "Overcoming the overall mistrust of government" 3) "Holding property owners more responsible for the properties" 4) "Engaging all aspects of a diverse community" 5) "The city's outreach to citizens" 6) "Empowering citizens to take increased responsibility in solving their own problems" 7) "Code enforcement follow through" 8) "The structure of the city's advisory commissions" 9) "Some grandstanding at council meetings" 12 Attachment B -2 . continued Q3 What's the city not doing that it should be doing? 1) "Better recognizing the city's changing needs" 2) "Recruiting a more diversified staff' 3) "Partnering with community members" 4) "Critiquing relationships with "Minneapolis NW and community meetings" 5) "Promoting greater youth involvement in the city" 6) "Working more closely with North Minneapolis on housing and other issues" 7) "Creating a narrative (for the city) with bullet points so that the spokespersons for the city have the same basic message" 8) "Improving the city's golf course efficiency and profits" 9) "Improving the council chambers at City Hall" 10) "Becoming more involved with addressing citizen social problems" Q4 What's the city currently doing that it should not be doing? 1) "Relying on state funding" 2) "Tolerating toxic property owners" • 13 • Attachment C THE CITY'S MISSION STATEMENT "The mission of the City of Brooklyn Center is to ensure a clean, safe, attractive community that enhances the quality of life and preserves the public trust. 14 Attachment C (Continued) • THE CITY'S VALUES STATEMENT 1) Excellence and Quality Service Delivery We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost - effective manner. 2) Ethics and Integrity We believe that ethics and integrity are foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. 3) Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. 4) Fiscal Responsibility We believe that fiscal responsibility and prudent stewardship of public funds is • essential for citizen confidence in government. 5) Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. 6) Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizen and to foster a positive working environment for employees. citizenry p 9 P Y 7) Professionalism We believe that a commitment to ethical values and continuous improvement is the mark of professionalism. We are committed to applying this principle to the services we offer and to the development of our employees. • 15 • Attachment D CHANGES AND FORCES EXPECTED TO IMPACT THE CITY IN THE NEXT FIVE YEARS MOST SIGNIFICANT 1) Increased redevelopment and the development of Shingle Creek Crossing 2) Continuing demographic changes that include an aging population and increased ethnic diversity 3) An improved economy 4) The impact of the state's budget crisis 5) The impact of the school districts (Brooklyn Center and neighboring districts) 6) A continued decline in the city's crime rate 7) Increased aging of numbers of multi - housing rental properties that are becoming functionally obsolete 8 Growth and changes in the city's commercial businesses g v • 9) Future elections and staff changes 10) Continuing housing foreclosures SIGNIFICANT 11) An increasing focus on partnerships and collaborations 12) The improvement of Brooklyn Boulevard 13) The volatility of energy costs and gasoline prices 14) Increasing health care costs and other employee benefits 15) Any new unfunded mandates 16) Increasing numbers of environment related concerns 17) Increasing traffic in the city due to improvements in Highway 252 and completion of H ig hway 210 18) Increasing focus on water related issues 19) An increasing commercial skyline • 16 Attachment E • ISSUES AND OPPORTUNITIES EXPRESSED AS NEEDS ONGOING 1) The need to continue to provide streamlined, cost effective, quality services with limited resources 2) The need to ensure the city's financial stability (while adapting to economic changes) 3) The need to move toward maintaining or lowering the level of the city's proverty taxes 4) The need to ensure the city's influence at the legislature • 5) The need to improve the image of the city with citizens and those outside the city borders 6) The need to ensure the city's drinking water is high quality and that storm water is properly managed 17 Attachment E • (Continued) ISSUES AND OPPORTUNITIES EXPRESSED AS NEEDS STRATEGIC 1 -3 YEARS HIGHEST PRIORITY #Votes Council & Staff Too Three .5 +7 =12 1) The need to ensure a safe & secure community 4 +6 =10 2) The need to aggressively proceed with the implementation of the city's redevelopment plans 4 +6 =10 3) The need to stabilize and improve the city's residential neighborhoods • To include aging multi- housing and rental properties • HIGH PRIORITY 1 =3 =4 4) The need to embrace the community's demographic makeup and cultural diversitv 1 +0 =1 5) The need to improve the city's image 0 +0 =0 6) The need to maintain and upgrade the city's infrastructure 0 +0 =0 7) The need to address the city's environmental sustainability 18 • Attachment F THE CITY'S PROPOSED GOALS PROGRAM Ongoing Goals GOAL #1 To continue to provide streamlined, cost effective, quality services with limited resources GOAL #2 To ensure the financial stability of the City GOAL. #3 To move toward maintaining or lowering the level of the City's P taxes GOAL #4 To ensure the city's influence at the legislature GOAL N To improve the image of the city, with citizens and those outside of the City's borders GOAL N To ensure the City drinking water is high guality and that the storm water is properly managed • Strategic Goals HIGHEST PRIORITY GOAL #1 To ensure a safe and secure community GOAL #2 To aggressive proceed with Implementation of City's redevelopment plans GOAL #3 To stabilize and improve residential neighborh HIGH PRIORITY GOAL #4 To Positively embrace the community demographic makeup and increasing ethnic diversity GOAL #5 To continue to maintain the city's infrastructure GOAL N To address the city's environmental sustainability t 19 Attachment G ROLE AND RESPONSIBILITIES OF THE CITY COUNCIL MOST SIGNIFICANT 1) To provide leadership, direction, and long -range planning for the city 2) To determine policy for the city 3) To hire and monitor the performance of the city manager (to manage city operations) 4) To adopt an annual budget for the city . 5) To represent the collective best interests of the city and the citizens of the city 6) To be Good Will Ambassadors for the city • 20 Attachment G (continued) • ROLE AND RESPONSIBILITIES OF INDIVIDUAL COUNCIL MEMBERS MOST SIGNIFICANT 1) To represent the citizens and be accessible to them 2) To make leadership and policy decisions for the greater good of the city 3) To be prepared for, and participate in, council meetings 4) To act professionally and listen respectfully to other council members, staff, and citizens • 5) To share information and communicate openly with the city manager and other council members 6) To be Good Will Ambassadors for the city • 21 • Attachment G (continued) ROLE AND RESPONSIBILITIES . OF THE MAYOR MOST SIGNIFICANT i 1) To conduct orderly and effective city council meetings 2) To represent the city at public functions 3) To facilitate discussions on agenda items and help resolve conflict among council members • 4) To make advisory committee and other appointments as appropriate 5) To sign the city's legal documents 6) To also function as a council member 7) To be a Good Will Ambassador for the city • 22 Attachment G (continued) ROLE AND RESPONSIBILITIES OF THE CITY MANAGER MOST SIGNIFICANT 1) To prepare and provide information for the council, make policy recommendations based on the information, and implement adopted policies 2) To be a liaison between the council and staff 3) To provide leadership and foster a positive work environment for the city's employees 4) To develop and administer the city's annual budget 5) To represent the city before public bodies and community groups 6) To coordinate with local, state, and federal agencies 7) To hire, appoint, develop, evaluate, and terminate (when necessary) city employees 8) To be a Good Will Ambassador for the city • 23 Attachment G (continued) ROLE AND RESPONSIBILITIES OF THE DEPARTMENT HEADS MOST SIGNIFICANT 1) To provide leadership and goals for their departments 2) To manage the day -to -day operations of their departments 3) To prepare and administer their department's annual budget 4) To communicate and cooperate with other entities in the city 5) To keep the city manager and their department staff informed 6) To provide training and development opportunities for department employees 7) To recommend 'new hires' to the city manager 8) To coordinate with other local, state, and federal agencies 9) To publicly represent the city policies 10) To be Good Will Ambassadors for the city i 24 Attachment G (continued) ROLE AND RESPONSIBILITIES OF ALL CITY EMPLOYEES MOST SIGNIFICANT 1) To have a positive attitude towards their job and when dealing with the public 2) To be team players 3) To be fiscally responsible 4) To be a positive representative and ambassador of the city 5) To have a strong work ethic 6) To be receptive to, and participate in, training and development opportunities 7) To be innovative problem solvers • 25 Attachment G (continued) ROLE AND RESPONSIBILITIES OF THE CITIZENS MOST SIGNIFICANT 1) To vote in city elections 2) To provide fiscal support for city services and operations; i.e., to pay their taxes 3) To keep informed on issues that affect the city and to communicate their concerns to the city's elected officials and staff • 4) To be involved in community affairs 5) To be positive contributors to the community 26 Attachment H EXPECTATIONS AND CONTRIBUTIONS THE COUNCIL'S EXPECTATIONS OF THE STAFF 1) "To implement the city's goals and policies" 2) "The city manager is available to and responsive to the council's questions" 3) "To provide complete background information on agenda items" 4) 'To treat the council with respect" 5) "To provide research materials on issues pertaining to city business" • • 27 • Attachment H (continued) EXPECTATIONS AND CONTRIBUTIONS THE STAFF'S EXPECTATIONS OF THE CITY COUNCIL 1) "To provide leadership, direction and long -range planning for the city" 2) "To determine policy for the city" 3) "To hire and monitor the performance of the city manager (to manage city operations)" 4) "To adopt an annual budget for the city" 5) "To represent the collective best interests of the city and the citizens of the city" • 6) "When possible — direct citizen requests and concerns to the appropriate staff resource" 7) "To communicate respectfully with the staff' 8) "To respect the staff for their professional expertise" 28 Attachment H • (Continued) THE COUNCIL'S CONTRIBUTION TO THE CITY'S LEADERSHIP TEAM 1) "To represent the community and bring the public's perspective to the discussions" 2 "To make the policy 9 city's olic and strategic decisions: 'The buck stops here "' 3) "To grasp the 'big picture' — to establish a vision for the city" 4) "To be positive ambassadors for the city" 5) "To bring our life experiences and professional expertise to the discussions" 6) "To bring our connection with the city and personal history to the discussions" • • 29 Attachment H • (Continued) THE STAFF'S CONTRIBUTIONS TO THE CITY'S LEADERSHIP TEAM 1) "Knowledge and expertise" 2) "Professional competency with good intentions" 3) "Cooperation and timely responses" 4) "Communication and loyalty" 5) "Integrity and honesty" 6) "Mutual respect and empathy" 7) "Dedication" 8) "Good Will Ambassadors for the city" 9) "Performance and passion 10 "Teamwork" • 30 Httacnment r ORGANIZATIONAL CLIMATE QUESTIONNAIRE o each of the seven organizational climate dimensions below, F r • place an "A" above the number that indicates your arse organizationi s current position on f where the dimension organization s b �Td Ideally number that n d fates your choice be on this dimension. _ Wft owwr X71 Ot C ONFORMITY . The feeling that there are many alternally imposed constraints in i , procedures th isn pr the actice s d egree hich they have to a nfore, than being able to do 7�� policies. and practices � their work as they as* it. conformity is not characteristi 1 2 3 K 5 6 7* a 9 10 o"f� organi zationchsracteriat'a of the organisation . !? nt!p9N5181 IL TY. members of the organization re given personal responsibility to 2. -- achieve their part of the org aad tht-outrcheckingiwith ssuuparioss sac g,S that they can make decision J71 stop of the way. a t 9 10 There i o great es�phaai s on No responsibility is given in 1 2 3 6 5 6 personal respa+albility in the organization the organisation 3. STANDARDS. The eszphaste the organisation plac s qn quality performance sa on is stag n= production including the degree to wbie erg feet the orgaai goals for itself &n& comeuni at g these goals to its members. g8' 7,7 setting challenging g �%''' are very 1 oat or non- 1 2 3 4 3 d 7 S ! 10 are set in the standards y existent in the organs :anon ' . • 4. REWARDS. The degree to which members feel the they are being recognised and rewarded far good work rather than being ignore cri ticized, or punished when O GD ��3 .things as wrong. fished. 1 2 3 g 5 6 7 8 d 10 Members are r tt wty and Members are ignored, pun rewarded poa or criticized 5. ORGANIZATIONAL CLARITY. The feeling among ere that things are well — organised and goo s are clearly defined rather t an ?slag disorderly os confused. g q :anon is contused, 1 2 3 + 5 6 7 e9 10 The organization is well - ' The organs or9anized with clearly dlsorderir� and chaotic defined goals 6. WARMTH AND SUPPORT. The feeling of frie and i o for a valued no in t h e organisation; that members trust o n • The feeling that good relationships prevail in the vock, environment. There is no warmth and support 1 2 3 • 5 6 7 *9 10 warmth and support are ver in the organisation characteristic of the Organization 7 LEADERSHIP The willingness of organisation me firs to accept le and direction frog other qualified personnel. As age alfor leadership feel free to take leaaddershiprol The orgaaisat ca l ls notcdoainatedeby# oridependsn Leadership is bas p on. one or two personse f a nd are laadershtp to not rswordedl 1 2 3 6 S 6 109 10 rN� ier members are dominated and based e expertise dependent or resist leadership 31 attempts • Attachment J THE CITY OF BROOKLYN CENTER COUNCIL MEMBERS AND DEPARTMENT HEADS 2011 LEADERSHIP — PLANNING — TEAM BUILDING RETREAT SUMMARY EVALUATION i) The objectives of the session were: �11 5 4 3 2 1 Clear Vague 2) The organization o the session was: 5 4 3 2 i Excellent Poor 3) The ideas presented ere: 5 4 3 2 1 • �.,,L;J Very Not Interesting Interesting 4) The ability of the resenter to stimulate discussion was: �t r 5 4 3 2 1 Excellent Poor 5) My attendance t this session was: 5 4 3 2 1 Very Waste Beneficial of Time 6) Overall, I con ider this session to have been: 2 5 4 3 2 1 Excellent Poor • 32 THE CITY OF BROOKLYN CENTER • COUNCIL MEMBERS AND DEPARTMENT HEADS 2011 LEADERSHIP — PLANNING — TEAM BUILDING RETREAT PARTICIPANT COMMENTS 1) "Staff members and council meeting together for goal setting is very beneficial." 2) "As before, this session was great. A lot was accomplished and self - awareness was gained. Thanks." 3) "Good job!" 4) "Thank you for the opportunity" 5) "Learned a lot about the council and department heads" • 6) "Although objectives and strategic outcomes may seem familiar — sometimes the review and opportunity o explore new outcomes and objectives is b tY p 1 Y every measure; invigorating, refreshing and honestly dynamic." 7) "Clearer, distinct questions needed for rating feedback purposes" • 33 City Council Agenda Item No. 6e • • COUNCIL ITEM MEMORANDUM DATE: March 22, 2011 TO: Curt Boganey, City Manager FROM: Lee Gatlin, Fire Chief SUBJECT: Establishment of Fire Re- inspections Fees Recommendation: It is recommended that the City Council approve the establishment of fees for commercial properties that fail to correct fire code violations in a timely manner. Background: Fire inspections are a cornerstone of an effective fire prevention program. The primary purpose of the fire inspection program is to ensure compliance with the State Fire Code and to identify potential hazards to life and property. A reduction in fire department calls for service is another benefit of a commercial fire inspection program. Brooklyn Center Fire Department has had a part -time fire inspector on staff since June of 2009. • It is important to inspect as many businesses as possible each year. Since June of 2009, fire inspections have been conducted at 206 businesses. Unfortunately, over 26% (54) of these businesses have required at least two follow -up visits to ensure that fire code violations have been corrected; one business required 10 follow -up visits (see attachment for summary). Currently, businesses do not incur fees for the re- inspections required to follow up on outstanding fire code violations. In order to encourage correction of fire code violations in a timely manner, the fire department is recommending that the following fee structure be established: Initial inspection No Charge First Re- inspection No Charge Second Re- inspection $100.00 Third Re- inspection $150.00 Fourth and subsequent Re- inspections $200.00 Budget Issues: The City of Brooklyn Center will recover fees associated with conducting re- inspections. Council Goals: 1. We will ensure a safe and secure community. • :9lission: E?nsnria g an attrartire, clean, safe coninaunity that enhances the alualitr oflyi andpreserves the public trust COUNCIL ITEM MEMORANDUM Summary of Businesses Requiring 3 or More Inspection Visits June 2009 to March 31, 2011 Total # # of Fee - Incurring Proposed Fee Number of Total Fees Inspection Visits Incurred Businesses Affected Generated Visits 3 1 $100 32 $3,200 4 2 $250 4 $1,000 5 3 $450 7 $3,150 6 4 $650 9 $5,850 7 5 $850 1 $850 11 9 $1,650 1 $1,650 Total Fees $15,700 • m .1Wi sion: Ensnriig, an attraclire, cleatd, Sf(fC' wiPt) iunity that etzhance' S the quality Elf fijE and preserves the public trust Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ESTABLISHING FEES FOR COMMERCIAL FIRE INSPECTIONS WHEREAS, the primary purpose of the fire inspection program is to ensure compliance with the State Fire Code and to identify potential hazards to life and property; and WHEREAS, a reduction in Fire Department calls for service is a benefit of a commercial fire inspection program; and WHEREAS, the fire inspector has found that businesses have required at least two follow -up visits to ensure that fire code violations have been corrected; and WHEREAS, businesses do not incur fees for the re- inspections required to follow up on outstanding fire code violations; and WHEREAS, in an effort to encourage correction of fire code violations in a timely manner, the Fire Department recommends fees be established for commercial fire inspections. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following fees for fire inspections are adopted: Initial Inspection No Charge First Re- Inspection No Charge Second Re- Inspection $100.00 Third Re- Inspection $150.00 Fourth and Subsequent Re- Inspections $200.00 April 11, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7a • COUNCIL ITEM MEMORANDUM • DATE: April 5, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JW144UZ SUBJECT: Resolution Expressing Recognition and Appreciation of James Richards for His Dedicated Public Service on the Housing Commission Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of James Richards for His Dedicated Public Service on the Housing Commission. Background: James Richards served on the Housing Commission from March 9, 2009, through March 2, 2011. Mayor Willson has requested that residents be recognized for their service on commissions by Council Resolution. Budget Issues: • There are no budget issues to consider. • Alissinn: Ensuring; an attractive, clean, safe community that enhances the quality ref life and preserves the public trust Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JAMES RICHARDS FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, James Richards served on the Housing Commission from March 9, 2009, through March 2, 2011; and WHEREAS, as a member of the Housing Commission, he contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, his leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that James Richards is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. April 11, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I • City Council Agenda Item No. 7b i COUNCIL ITEM MEMORANDUM • DATE: April 5, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Nineteenth Consecutive Year and Proclamation Declaring April 29, 2011, Arbor Day and May 2011 Arbor Month in Brooklyn Center Recommendation: It is recommended that the City Council consider approval of a resolution recognizing Brooklyn Center as a Tree City USA and approval of a proclamation declaring Arbor Day and Arbor Month in Brooklyn Center. Background: For each of the past nineteen years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day. Foundation (see attached letter dated March 30, 2011). This national award recognizes communities with effective community forestry programs. The City's forestry program includes the following: • Care for and planting of park and boulevard trees • Diseased and nuisance tree removal program • Mandatory tree contractor registrations requiring certain minimums of liability insurance • Boulevard tree planting permits requiring proper placement of tree and selection of tree species • A tree ordinance specifying proper standards of care for all trees • An Arbor Day and Month program which travels between elementary schools in Brooklyn Center providing teaching resources, learning activities, and an Arbor Day event to plant one or more trees Budget Issues: The American Legion and the Sons of the American Legion have indicated they will provide a $100 contribution to cover the expenses for the Arbor Day event. Funding requirements for event supplies is expected to be less than $150 and is included in the 2011 Budget under the Public Works Park Division operating budget. Council Goals: Strategic: 6. We will respond to increased public awareness and interest in environmental sustainability and green community issues Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE NINETEENTH CONSECUTIVE YEAR WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Association of State Foresters and the US Department of Agriculture Forest Service have recommended that the City of Brooklyn Center be designated as a Tree City USA in recognition of 2010 forestry activities. NOW THEREFORE BE IT RESOLVED b the City Council of the City of Brooklyn > Y tY tY n Y Center, Minnesota, that: 1. The Council hereby recognizes and accepts the designation of Tree City USA for the nineteenth consecutive year on behalf of the residents of Brooklyn Center. 2. The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue its reforestation efforts. 3. The Council commends Brooklyn Center residents and staff for their work in • maintaining and enhancing Brooklyn Centers urban forest. April 11, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly, seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • PROCLAMATION DECLARING APRIL 29, 2011 TO BE ARBOR DAY AND MAY 2011 TO BE ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beauty our community; and WHEREAS, Human activities such as pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and WHEREAS, People can contribute to the environmental stewardship of our community by locally planting trees and ensuring that these trees are nurtured, protected, and wisely used in the years ahead; and WHEREAS, The City of Brooklyn Center desires to continue its tree management efforts. NOW, ,THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State ofMinnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1. April 29, 2011 to be Arbor Day. 2. May 2011 to be Arbor Month in the City Brooklyn Center. 3. I urge all citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. April 11, 2011 Date Mayor Council Members • ATTEST: City Clerk Minnesota Department of Natural Resources Minnesota 500 Lafayette Road • St. Paul, MN 55155 -40 DEPARTMENT OF NATURAL RESOURCES March 30, 2011 Todd Berg Supv of Streets & Parks / City of Brooklyn Center 6844 Shingle Creek Pkwy, Brooklyn Center, MN 55430 Dear Mr. Berg: On behalf of the Minnesota Department of Natural Resources, Division of Forestry, and the Arbor Day Foundation, we once again congratulate the City of Brooklyn Center for your community forest management work in 2010, which qualifies you as a Tree City USA. Your city is among only 109 out of 870 Minnesota communities to attain this national recognition. Being a Tree City USA helps present the kind of image that most citizens want to have for the place they live or conduct business. The Tree City USA signs at community entrances tell visitors that here is a community that cares about its environment. It is also an indication to prospective businesses that the quality of life is better here. Gaining and retaining Tree City USA recognition is an award to the tree workers, managers, volunteers, tree board members and others who work on behalf of better care of a community's trees. This may translate to better care of trees on private property and a willingness to volunteer in the future. The Minnesota DNR looks forward to assisting your city in maintaining the high standard of tree care practices you have attained. Please let us know how we might be of further assistance. Congratulations! Ken Holman, Community Forestry Coordinator MN Department of Natural Resources • wwwAncstate.mn.us AN EQUAL OPPORTUNITY EMPLOYER �� PRINTED 0 N RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST - CONSUMER WASTE • City g Council Agenda Item No. 7c • COUNCIL ITEM MEMORANDUM DATE: April 5, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Proclamations Declaring April 16 -23, 2011 as the Great Shingle Creek Watershed Cleanup Week and April 22, 2011 as Earth Day in Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring April 16- 23, 2011, as the Great Shingle Creek Watershed Cleanup Week and a proclamation declaring April 22, 2011, as Earth Day in Brooklyn Center. Background: Brooklyn Center and five other cities that make up the Shingle Creek Watershed will celebrate Earth Day 2011 with the 10th annual "Great Shingle Creek Watershed Cleanup ". Beginning Saturday, April 16, 2011, through Saturday, April 23, 2011, hundreds of volunteers from Plymouth to the Mississippi River will line the banks of Shingle Creek, as well as city parks, trails and streets, picking up everything from pop cans and auto parts to building materials and household appliances. The "Great Shingle Creek Watershed Cleanup" meets one of the public involvement and • participation requirements of the federally mandated National Pollutant Discharge Elimination System (NPDES) permit for Brooklyn Center. The event not only educates people that trash and other contaminants in the streets, parks and shorelines eventually end up in our lakes, rivers and streams but also provides opportunities for the public to become involved in the protection of water quality. Many of the 33 groups affiliated with the Brooklyn Center Adopt- a- Park/Trail /Street or Flower Garden programs will concentrate on a cleanup of their assigned sites during the week. Groups and. individuals not already connected with a park, trail or street will be assigned to a nearby park, creek, open space or parkway to pick up trash and debris. On Saturday, April 23, 2011, Brooklyn Center City officials, commissioners and employees will be distributing trash bags and cotton gloves as well as coffee, juice and pastries at the Brooklyn Center Community Center to kick off the official clean up. More than 300 volunteers are expected to participate in the week- long event. Budget Issues: The American Legion and the Sons of the American Legion have indicated that they will provide a $100 contribution to cover the expenses for the Great Shingle Creek Cleanup event. Funding requirements for event supplies is expected to be less than $150 and is included in the 2011 Budget under the Storm Drainage Utility operating budget. • Council Goals: Strategic: 6. We will respond to increased public awareness and interest in environmental sustainability and green community issues Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Ongoing: • 6. We will ensure the City drinking water is high quality and that the storm water is properly managed • • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust PROCLAMATION DECLARING APRIL 22, 2011 TO BE EAR THDAYIN BROOKLYN CENTER WHEREAS, a sound natural environment is the foundation of a health society and a robust economy; and WHEREAS, local communities can do much to reverse environmental degradation and contribute to building a healthy society by addressing such issues as energy use, waste prevention and sustainable practices; and WHEREAS, Earth Day 2011 offers an unprecedented opportunity to commit to building a healthy planet and flourishing communities. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BR OOKL YN CENTER, State ofMinnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1. April 22, 2011, to be Earth Day in Brooklyn Center. 2. The City o Brook n Center commits itself to undertaking programs and • ty l . y . f gP ro gr projects that enhance the community's natural environment. 3. The City Council hereby reaffirms its commitment and encourages residents, businesses and institutions to use Earth Day 2010 to celebrate the Earth and to commit to building a sustainable society by initiating or expanding existing programs which improve energy efficiency, reduce or prevent waste and promote recycling. April 11, 2011 Date Mayor Council Members • ATTEST: City Clerk PROCLAMATION DECLARING APRIL 16 -23, 2011 TO BE THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK WHEREAS, the City of Brooklyn Center is dedicated to preserving and protecting the water resources in our watersheds; and WHEREAS, litter and trash can be washed into our lakes, rivers, and streams, polluting the water and clogging the City's storm water drainage system; and WHEREAS, citizens can take an active role in protecting water resources by picking up litter and trash and keeping our streets, parks, neighborhoods and community clean; and WHEREAS, the Shingle Creek and West Mississippi Watershed Management Commissions' annual event "The Great Shingle Creek Watershed Cleanup" will take place April 16 -23, 2011. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim 1. April 16 -23, 2011, to be The Great Shingle Creek Watershed Cleanup Week 2. The City Council hereby reaffirms its commitment to protecting and preserving our water resources and encourages residents, businesses and institutions to use The Great Shingle Creek Watershed Cleanup Week 2011 to help prevent water pollution and preserve our watersheds by participating in a Cleanup Event or by using this time to pick up trash and clean up our homes, businesses, streets, neighborhoods and community. April 11, 2011 Date Mayor Council Members ATTEST.- City Clerk • City Council Agenda Item No. 7d • COUNCIL ITEM MEMORANDUM • DATE: April 5, 2011 TO: "Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Acceptance of Xcel Energy 2011 Grant Contribution Recommendation: It is recommended that Council recognize by resolution the acceptance of a charitable contribution grant from Xcel Energy in the amount of $700 for the purchase of global positioning satellite (GPS) equipment for use in investigations. Background: During a recent investigation, a GPS tracking unit was deployed on a suspect vehicle believed to be involved in multiple copper wire thefts. During the course of the investigation, the tracking device was believed to be removed by the suspect and lost. Inpartnership with Xcel Energy loss prevention, over $100,000 in copper wire has been recovered and it is believed the same suspects are involved pending DNA evidence results. On March 23, 2011, Xcel Energy awarded the Brooklyn Center Police Department with a grant in the amount of $700 to be used for the purchase of a new GPS tracking unit. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community 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 anti preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION FROM XCEL ENERGY FOR A $700 GRANT TO BE USED FOR THE PURCHASE OF GPS EQUIPMENT WHEREAS, Xcel Energy has established programs to offer financial assistance in the form of a grant to qualified participants; and WHEREAS, Xcel Energy selected Brooklyn Center to receive a $700 grant to be used towards the purchase of GPS equipment; and WHEREAS, the GPS equipment is crucial to obtaining valuable information in pursuing investigative leads; and WHEREAS, the City Council is appreciative of this donation and commends Xcel Energy in making this funding possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges this donation with gratitude. • April 11, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 8a • • COUNCIL ITEM MEMORANDUM • DATE: April 5, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Business and Development Director 1V SUBJECT: Resolution Approving a Spending Plan for Tax Increment Financing District No. 2 Recommendation: It is recommended that the following the public hearing the City Council consider adoption/approval of the Resolution Approving a Spending Plan for Tax Increment Financing District No. 2. Background: Minnesota Statutes, Section 469.176, Sub. 4m (the "Temporary TIF Authority Act ", was adopted as part of the 2010 State Legislation to stimulate job creation and retention. This legislation, commonly referred to as Minnesota Job Bill, authorized the use of available tax increment from any existing Tax Increment Financing District to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following exist: • • Such assistance will create or retain jobs in the State of Minnesota, including construction jobs, • Construction commences before July 1, 2011 • The construction would not have commenced before that date without any assistance;, and • The City Council approves a written spending plan (after duly noticed public hearing) that specifically authorizes the EDA to take such action. In compliance with the requirements of the Temporary TIF Authority Act, a public hearing notice was ublished in the official ial newspaper on March 31, 2011. The attached draft Spending Plan specifically identifies the use of tax increment assistance for the portion of the Embassy Suites — Heritage Center link associated with the D -Barn Lease and the tax increment assistance ( inter -fund loan to Tax Increment District 5) for the renovation of the Brookdale Mall and development of the Shingle Creek Crossing Project. Additionally, the draft Spending Plan provides the option for the EDA to consider other private developments within the City which meet the above conditions. Tax Increment District No. 2 Tax Increment District No. 2 was established in 1985 as a Redevelopment District to remedy conditions of economic obsolescence, physical blight, under utilization of land, extensive soil • corrections which the private sector has not been willing or able to accomplish and correction of numerous traffic hazards and pedestrian conflicts. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM The District has a current fund balance of approximately $2.9M and is projected to receive an • additional $800,000+ of tax increment before it expires on December 31, 2011. The TIF 2 Finance Plan as amended on February 1, 1991, has budget authority to undertake additional TIF eligible activities within the following line items: - Public utilities approx. $760,000 remaining from the $1.5 budget - Streets and sidewalks approx. $150,000 remaining from the $985,000 budget - Parking Facilities $1.5M budget with no expenditures - Land/Bldg Acquisition approx. $46,000 remaining from the $3,260,000 The Council and EDA have identified the use of TIF 2 funds for the Shingle Creek Storm Water Management Improvements and a portion of the Embassy Suites Link to the Heritage Center. The use of an inter -fund loan from TIF 2 to TIF 5 has been identified as a funding source for the Brookdale redevelopment/ Shingle Creek Crossing Project. The TIF funds identified for these projects amount to approximately $2.9 M. Resolution Approving the Spending Plan: The City Attorney has worked with our Financial Consultant in the preparation of the TIF 2 Spending Plan and has prepared the attached Resolution which meets the statutory requirements for a Spending Plan under the Temporary TIF Authority Act and includes the necessary findings by the City Council in approving this Spending Plan. The resolution also authorizes the EDA/ Authority o carry out the terms of the Spending Plan in tY Y P g such manner as it determines, subject to compliance with all terms and conditions of the Temporary TIF Authority Act. Budget Issues: The spending plan implements the EDA's financing plan for the construction of the Embassy Suites Link to the Heritage Center and provides the financial mechanism for an inter -fund loan to Tax Increment District 5. The future repayment of this inter -fund loan will become excess TIF 2 tax increment revenue and will be returned to Hennepin County for redistribution to appropriate taxing jurisdictions. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Ongoing: 2. We will ensure the financial stability of the City. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.2 ADOPTED BY CITY COUNCIL AND EDA BOARD APRIL 11, 2011 S d � 1 • 383598v3 JSB BR291 -304 SPENDING PLAN • FOR TAX INCREMENT FINANCING DISTRICT NO.2 I. PURPOSE The Economic Development Authority of the City of Brooklyn Center, Minnesota (the "EDA ") proposes to adopt a Spending Plan for Tax Increment Financing District No. 2 (the "TIF District ") in accordance with Minnesota Statutes, Section 469.176 Subd. 4m (the "Temporary TIF Authority Act "). Under the Temporary TIF Authority Act, the EDA is authorized to spend available tax increment from any existing tax increment financing district, notwithstanding any other law to the contrary, to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following conditions exist: (1) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (2 }` Construction commences before July 1, 2011 (or such °'`laterx date as = °authorized s under the Temporary TIF Authority`Act if amended); x, (3) The "',construction ;would not have commenced before that date without the h ' assistance, X' (4) The 'City Council approves a written `spending p1ari;5 (after a duly noticed public y' hearing) thaf specifically auth6"rizes the EI1 to tak�,such actions. 'S.b `�tixx y •xti4 S 'a 4 " 'Tl e `purpose of the `Spending'PI&i is to° develo'ii ' 'redevelop' sites, lands or `areas within the City of Brooklyn Center, Minnesota (the "City ") in conformance with the City's Comprehensive Plan by using available tax .increments from the TIF District to provide assistance under the Temporary TIF Authority Act as further described in this Spending Plan. II. SPENDING PLAN The EDA is authorized as follows: (a) To use any available tax increments from the TIF District on hand at the time of approval of this Spending Plan and received through December 31, 2011 (or such later date as authorized under the Temporary TIF Authority Act if amended) and not otherwise pledged to any outstanding contract or obligation (referred to as "Available Spending Plan Increment "), to provide improvements, loans, interest rate subsidies, or assistance in any form to private development occurring anywhere within the City that meets the requirements of the Temporary TIF Authority Act described above. (b) The assistance authorized under this Spending Plan expressly includes, but is not limited to, (i) assistance to finance the costs of an approximately 80 foot portion of the link • that connects the Embassy Suites Hotel to the D -Barn of the Earle Brown Heritage Center up to a 3835980 JSB BR291 -304 • public entrance point and access to the rear service entrance to the D -Barn (the "Link ") where a privately operated spa and salon or other private business will be located pursuant to a 10 -year lease and (ii) assistance in connection with the renovation of the Brookdale Mall and the development of the Shingle Creek Crossing Project. (c) In addition to the assistance for the development described above, the EDA is authorized to spend Available Spending Plan Increment for any other private development in the City for which the EDA finds that the private development will create or retain jobs in the State (including construction jobs); that the private development will commence before July 1, 2011 (or such later date as authorized under the Temporary TIF Authority Act if amended); and that such construction would not have commenced before that date without the assistance under this Spending Plan. The EDA must document its findings under this section at the time of approval of assistance to each development. (d) In accordance with the Temporary TIF Authority Act, the EDA may implement this Spending Plan by making an equity or similar investment in a corporation, partnership or limited liability that the Authority determines is necessary to make construction that meets the requirements of paragraph (c) financially feasible. (e) This Spending Plan authorizes, but does not obligate,. thi&EDA�tb spend �. -x� Available Spending Plan Increment Any obligation to provide assistanceinder this, Spending Plan must be evidenced by' a contract approved by the EDA's board, entered into withsa private party ;who otherwise meets the requirements of tlus`4 Spending plan and the Temporary TIF Authority Act. In accordance with the Temporary TIF Authority. Act, the authority to spend Available= Spending'Plan Increment .tinder this Spending Plan expires on December 31, 2011 ;unless Tern .or TIF 'Aithorif Act is axiieiided . , No.: Available Speldliigr, Plan p ary, yx Increment may be spent under this Spending Plan after December 31, 2011 unless such expenditure is otherwise authorized by law without regard to the Temporary TIF Authority Act or the Temporary TIF Authority Act is amended. (g) The City and EDA acknowledge that assistance provided pursuant to this Spending Plan will be subject to Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Business Subsidy Act "), unless the assistance provided to a specified recipient is exempt from the Business Subsidy Act under the terms of that statute. (h) The EDA and City may amend this Spending Plan at any time in accordance with the procedures for approval of the Spending Plan under the Temporary TIF Authority Act. (i) EDA staff are authorized and directed to maintain a copy of this Spending Plan with the EDA's records for the TIF District, and to file a copy of the Spending Plan with the Office of the State Auditor (as requested by the State Auditor in the August, 2010 TIF Division Newsletter). • 3835980 JSB BR291 -304 Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.2 BE IT RESOLVED by the City Council (the "Council ") of the City of Brooklyn Center, Minnesota (the "City "), as follows: Section 1. Recitals 1.01. Minnesota Statutes, Section 469.176 Subd. 4m, (the "Temporary TIF Authority Act ") authorizes the Economic Development Authority of the City of Brooklyn Center, Minnesota (the "Authority ") to spend available tax increment from any existing tax increment financing district, notwithstanding any other law to the contrary, to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following conditions exist: (1) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (2) Construction commences before July 1, 2011; • (3) The construction would not have commenced before that date without the assistance; (4) Tax increments under the Spending Plan are spent by December 31, 2011; and (4) The City Council approves a written spending plan (after a duly noticed public hearing) that specifically authorizes the Authority to take such actions. 1.02. The Authority proposes to adopt a spending plan for the Tax Increment Financing District No. 2 (the "TIF District ") in accordance with the Temporary TIF Authority Act in substantially the form submitted to the City Council (the "Spending Plan ") to utilize existing tax increment revenues from the TIF District in order to stimulate construction or rehabilitation of private development in a way that will also create or retain jobs. 1.03. On this date, the City Council held a public hearing regarding the Spending Plan, for which notice was published in a newspaper of general circulation in the City at least once, not less than ten days nor more than 30 days prior to the hearing, and at which hearing all persons were given the opportunity to be heard. • Section 2. Approval and Adoption of the Spending Plan 2.01. The City Council hereby finds that construction of the projects to be assisted pursuant to the Spending Plan would not have commenced by July 1, 2011 without the assistance being offered by the Authority as permitted by the Temporary TIF Authority Act. 2.02. The Spending Plan for the TIF District is hereby approved and adopted in substantially the form on file in City Hall. 2.03. The Authority is hereby authorized to carry out the terms of the Spending Plan in such manner as it determines, subject to compliance with all terms and conditions of the Temporary TIF Authority Act. The Spending Plan, as presented to the Council on this date, shall be placed on file in the office of the Business and Development Director. The Business and Development Director is hereby directed to file the Spending Plan with the Office of the State A April 11, 2011 Date Mayor • ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 2 City Council Agenda Item No. 8b • • COUNCIL ITEM MEMORANDUM • DATE: April 4, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk�� /��- SUBJECT: An Ordinance Amending and Repealing Certain Sections of Chapters 1 and 19 Relating to Private Kennel Licenses Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending and Repealing Certain Sections of Chapters 1 and 19 Relating to Private Kennel Licenses. Background: At its March 14, 2011, meeting the Brooklyn Center City Council approved first reading of An Ordinance Amending and Repealing Certain Sections of Chapters 1 and 19 Relating to Private Kennel Licenses. Attached are the materials provided at the March 14, 2011, meeting and the ordinance amendment as it was approved at first reading. The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing • was published in the Brooklyn Center Sun -Post newspaper on March 24, 2011. If adopted, effective date will be May 21, 2011. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community 3. We will stabilize and improve residential neighborhoods • Mission: Ensuring an attractive, clean, safe community that enhances the quality of lift and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 1 Ith day of April, 2011, at 7 p.m. • or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending and repealing certain sections of Chapters 1 and 19 relating to private kennel licenses. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING AND REPEALING CERTAIN SECTIONS OF CHAPTERS 1 AND 19 RELATING TO PRIVATE KENNEL LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 1 -101 of the Brooklyn Center City Code of Ordinances is amended by deleting the following definition: 8. Private Kennel means any wd or- used for- R! a-ad R2 puVeses, as defined in the Br-eek!5-- Gity , on w tb "r fn.,.e ....mo s:: • mon old or older-, are k ep t h as pets ccir' sellin b, L,.,.,,- cling, or- showing tFeating, groom ing, or- other eefl h%er - eial t , .,.mo [and renumbering paragraph 9 of Section 1 -101 to paragraph 8] Section 2. Section 1 -102 of the Brooklyn Center City Code of Ordinances is amended as follows: Section 1 -102. LICENSES REQUIRED. Commercial Kennel License. Every person operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. 2. Pri v ate Ce Kenn Lieense. Every per-son operating e lefmel- sli to r ��Cler , u pon „t er -i ..,ti b the City Getmeil, a private kennel heense. • ORDINANCE NO. • Section 3. Section 1 -103 of the Brooklyn Y Center City Code of Ordinances is amended as follows: Section 1 -103. LICENSE FEES. The license fee for each commercial kennel license, eaek private kernel lieu each renewal license, and each impounding penalty described herein shall be as set forth by City Council resolution. 1. Refunds, Prorating, and Transfers. No commercial kennel license fee or private k efine 1 li se fe shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferable. Section 4. Section 1 -104 (2) of the Brooklyn Center City Code of Ordinances is amended as follows: Section 1 -104. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ewe Chapter shall be made to the City Clerk. 2 A +.p eat for Privat K 7 ; • u ne ate k 1; ° ° will be i .,ft° A,,,-;1 23 2001. Tho i�v per$ e ns - who -were issued a- priva4e keme! 1 to Ap 23, 2001, may UVVlI ° ° as Set iin- dhis Chapter. m ade r, (1 llr e t e b e 1 to the Cit rl :.h s r, hall r + orris +o, - o f kenne! heenses. The applioation shall state the name and address of the m ade uiuuu , the property address or legal desefiption of the kennel 7 name , animals te A01 23, 2001. Noth4ng herein shall autherize the holder of a. i te kepmel beyond these identified in the applireation fe w-hieh the 4i.eense -was gfaFAed prior- to April 23, 2 001 At „ Eh time as th numbe of do th e s e hall 1 +h.,,-. t dogs, ..� �.� uv�o �, c nz- ric cn�cu� i= cmiec crrcgicccrizv- �rroi��crn-c�rc-vrv- avg"o� the lieense sha4l expire. A private keiffiel lieense shall be FeneWable only 4. .1aint regarding the kerael's operation has be— ----d during the ""' OTtse - ycur. r crre ev cT o carrorr vr lYY2 rrev rracl�,r z7rccceor eenteraplated by the City Gouneil, the lieense shall be renewable as set forth 4n C ha p te r - . a t. , .,izro -�vr ORDINANCE NO. e. Standards for- Ap pr-eva & A app lieatien -fe�- enewa4 of private I efinel ?:.,ense • sha4l be reviewed by the City Clerk to insufe eemplianee with this Chaptff, with Chapter 1 of th rig O r- di nanees, a nd w ith nditio i mpos ed b y the Git Couneil at the time of issuemee. d. Lieense Reveea4iea. In the event a eempWfA -has been r-eeeived by City offieials, Couneil may dir-eet the appheant to appear- to show eause Why the lieense should Hot be - revok e d . n i; o e , be rev oked „ latio of thi Ch ap te r-, Ch t �.au „ Y ci, "iiur � 19 of the Br- eeklyn Center Or dinaix eendifien imposed by the r t Couneil at the time of issua-mee. Section 5. Section 1 -105 (STANDARDS FOR PRIVATE KENNELS) of the Brooklyn Center City Code of Ordinances is hereby repealed. Section 6. Section 19 -104, paragraph 1, of the Brooklyn Center City Code of Ordinances is amended as follows: Section 19 -104. LIMITATIONS ON KEEPING OF ANIMALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 11. More than two (2) dogs exceeding six months of age t mess a p ri vate k ej3in i • heense wa_ issued prior- te A�! -23, 2001, as- set -- feAlin Chapter- o f t h e Br-eeklyn Center- City Or-difianee-s. Section 7. This Ordinance shall be effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2011. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Str-ik indicates matter to be deleted, underline indicates new matter.) COUNCIL ITEM MEMORANDUM DATE: March 14, 2011 i TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending and Repealing Certain Sections of Chapters 1 and 19 Relating to Private Kennel Licenses Recommendation: It is recommended that the City Council consider approval of first reading of an ordinance amending and repealing certain sections of Chapters 1 and 19 relating to private kennel licenses and set second reading and Public Hearing for April 11, 2011. Background: This ordinance relating to private kennel licenses is a housekeeping amendment and removes reference to private kennel licenses from the City Code. In 2001 the City Council amended the City Code of Ordinances regarding private kennel licenses so that no new private kennel license would be issued after April 23, 2001. However, persons who had received a private kennel license prior to April 23, 2001, could seek renewal of their i private kennel license. Language regarding private kennel license application procedures and requirements remained in the ordinance since there were private kennel licenses that were issued prior to April 23, 2001. In August 2006 the last recipient of a private kennel license notified the City that she was moving out of the community and would no longer need to renew the private kennel license. Since there are no longer any holders of private kennel licenses, the language referencing private kennel licenses can be removed. There have been a few occasions when residents have called to inquire about obtaining a private kennel license, as they had read about the requirements on the City's website in the ordinance, but had missed the 1st paragraph of Section 1 -104 (2) (a) regarding no new private kennels license will be issued after April 23, 2001. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community 3. We will stabilize and improve residential neighborhoods i :Mission: Ensuring all attractive, clean, safe community that en /lances the quality of life and preserves the public trust • City Council Agenda Item No. 9a i • COUNCIL ITEM MEMORANDUM • DATE: April 6, 2011 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist -- ce SUBJECT: Planning Commission Application No. 2011 -007 Request for Planned Unit Development Approval and Special Use Permit (Master Special Use Permit) Approval to Allow Educational and Religious Uses in the PUD /I -1 Zoning District, Along With a Child Daycare Operation in Conjunction with an Educational Use Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the disposition of Planning Commission Application No. 2011 -007 Submitted by Jon Van Eyll (6850, 6860 & 6870 Shingle Creek Pkwy). Background: On March 31, 2011 the Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -007 submitted by Jon Van Eyll requesting Planned Unit Development approval and Special Use Permit (Master Special Use Permit) approval to allow Educational and Religious Uses in the PUD/I -1 Zoning District, along with a Child Daycare • Operation in conjunction with an educational use at 6850, 6860 and 6870 Shingle Creek Parkway. The creation of this master special use permit under the premise of the PUD application will allow the landowners the flexibility to self -manage this large office /warehouse facility with individual educational and religious uses, subject to meeting parking requirements. This matter was considered by the Planning Commission at their March 31, 201lmeeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2011 -007, an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community. Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Application Filed on 03 -01 -11 City Council Action Should Be Taken By 04 -30 -11 (60 Days) Planning Commission Information Sheet Application No. 2011 -007 Applicant: Jon Van Eyll, Wirth Companies Location: 6850, 6860, 6870 Shingle Creek Pkwy, Palmer Lake Plaza Building Request: Amendment to a Planned Unit Development and Master Special Use Permit — to allow Educational Uses and Religious Uses /Churches Within a PUD /I -1 (Planned Unit Development/Industrial Park) Zoning District INTRODUCTION The applicant, Jon Van Eyll of Wirth Companies and on behalf of Palmer Lake Plaza, is requesting a Planned Unit Development Amendment, along with a Master Special Use .Permit to allow for educational and religious uses within the office portion of said Palmer Lake Plaza (Office /Service portions only), plus a child day care facility operated in conjunction with an approved educational use. The subject property is located at 6850 -6870 Shingle Creek Parkway. The applicant has provided the attached floor plans illustrating the proposed areas to be dedicated for. specific uses. At this time, only one educational space area is offering a fenced -in • play area to be used for a future child care facility. A public hearing has been scheduled and notices.of the Planning Commission's consideration have been sent to surrounding property owners. BACKGROUND A review of the zoning history of this property indicates the following: The Palmer Lake Plaza was constructed in 1978 as a mixed use multi -tenant facility consisting of approximately 139,000 sq. ft. including the following: x 52;000 sq. ft. office area 39,000 sq. ft. warehouse area 48,000 sq. ft. service center area The project was initially developed with a main parking area consisting of 281 stalls on the west side of the lot and 50 parking stalls on the east side for a total of 331 stalls. In 1986, an amendment to the site -plan was approved which replaced the front row of parking stalls on the west side of the building with a landscaped berm to screen the service area of the west side of the uil in reduced the parking to 307 improved stalls and involved a b d .The plan reduc g P P g p restrictive covenant on the proof of parking plan. • 03 -31 -11 Page 1 In 2003, the 11.14 acre Shingle Creek Plaza property, a vacant 2.36 acre lot adjoining to the west, and excess vacated R.O.W. from. 69 Avenue realignment were replatted in Wirth Addition: Lot 1, Block 1, 9.8 acre Palmer Lake Plaza (6850, 60, 70 Shingle Creek Pkwy) Lot 2, Block 1, 4.18 acre Holiday Stationstores, Inc. (6890 Shingle Creek Pkwy) On August 13, 2003, the Planning Commission approved Resolution No. 2003 -01 which, recommended approval of the rezoning of Lots 1 and 2, Block 1, Wirth Addition from 1 -1 (Industrial Park) to PUD /I -1 (Planned Unit Development/Industrial Park). This recommendation, facilitated the development plans for a 43,761 sq. ft. Holiday Stationstore Commissary building on Lot 2, Block 1, Wirth Addition and parking lot modifications (addition of 50 parking stalls) to the Shingle Creek Plaza facility on Lot 1, Block 1, WirthAddition. On August 25, 2003, the City Council adopted Resolution No. 2003 -124 accepting the Planning Commission recommendations. On January 14, 2010, the Planning Commission approved Planning Commission Application No. 2010 -001 which recommended approval of the request by Alleluia Sanctuary Church to occupy a tenant space (Suite B 115 of Palmer Lake Plaza). This existing church space is noted on the attached floor plans. Subsequent to that action, on January .25, 2010 the City Council approved • the Special Use Permit with conditions. In the 2010 Special Use Permit application, the property management firm indicated to city planning staff that a significant portion (over 80 percent) of the 48,000 sq. ft. office /service center is being leased to non - industrial uses (Brown Institute and the Brooklyn Center Area Learning Center). The consensus of property management was that there was sufficient/excess parking on site and that the approved church was very compatible with the current and future use of this portion of the building. ZONING & SITE ISSUES The subject property is zoned PUD /1 -1 (Planned Unit Development /Industrial Park). Under the PUD classification, the regulations and standards governing the uses and structures shall be the same as those established in the underlying zone, which in this case is I -1 Industrial Park. The PUD further provides that these underlying regulations may be modified by conditions imposed by the City Council; or in cases where it may be to the extent necessary to comply with the development plan of the PUD. In essence, the PUD allows the city to provide "flexibility" in allowing certain uses or standards as they become known or requested, as is the case of Mr. Eyll /Wirth Companies. One of the unique purposes of the PUD district is to give the City Council the needed flexibility in addressing-development and redevelopment issues. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development • plans. The applicant is seeking the ability to provide for a number of certain uses that normally 03 -31 -11 4 Page 2 require individual special use permit consideration. • Any proposed educational (defined: "non residential educational uses including Area Learning Centers (ALQ, post- secondary schools, business schools, trade schools, and the like — excluding public /private school ") and religious uses (defined: "places of religious assembly such as chapels, churches, temples, mosques and synagogues ") are allowed by special use permit, pursuant to Section 35 -330, Subdivision 3c, of the zoning ordinance. This section allows limited ` commercial and service and office uses such as those proposed to be located in the I -1 zoning district provided the use can meet the general standards for special use permits contained in Section 35 -220 of the zoning ordinance and the special. criteria outlined in Section 35 -330, Subdivision 3e. The applicant has submitted individual floor plans of those portions of the building identified as Building A and Building B, respectively. These floor plans identify certain areas dedicated to existing or future uses. The existing users are identified by name, their hours of operations and numbers of employees. The applicant is further requesting an enclosed (fence) outdoor "play" area to be used in conjunction with the operations of an educational use in Building B, which appears to be identified as the Brooklyn Center Alternative Learning Center (BCALC). Parkin g requirement ratios are broken down as follows: q City Code: Office /Service Buildings (20,000 — 200,000 sq. ft.): GFA/(.0005 x GFA) + 190 Warehouse area = One space /per two employees —or - GFA/800: PLP • Plaza Lake Park: Office /Service Area= 100,000 sq. ft. GFA / (50) + 190 =416 spaces Warehouse = 39,000 sq. ft. / 800 = 49 spaces Combining these numbers equates to approximately 465 spaces needed to serve this site. In personal review of the submitted plans, it appears the subject site only has 324 spaces dedicated to this site. Staff assumes that when the subject site was split into two separate parcels and rezoned to PUD /I -1 in 2003, that the City Council accepted the reduced parking spaces as part of the overall PUD plan of the site, and acknowledged the "flexibility" in reduced parking needs due to the mixture of uses inside the building. The applicant has done a nice job identifying the users, their space allotments and hours of operation. It is important to note that although the church users may have large numbers of attendees, their operations are limited to only weekend hours, and do not overlap the existing educational uses or miscellaneous office users regular weekday hours. In determining the three church users arkin needs plus their employees a uals 141 spaces. Factoring out these 141 p g p equals g spaces (religious uses only) during regular, weekday business hours results in a need of 325 spaces for all remaining educational and office users. Theoretically, the site meets the overall and mixed -use parking needs for the existing and proposed users. Staff is unaware of any parking issues or complaints as a result of this parking ratio. 03 -31 -11 Page 3 • The applicant also provided for staff review a plan illustrating two separate fenced -in play areas located near the southwest corner of Building B (assumed to be part of BCALC). City staff is not supporting the southerly play area located along the frontage with Shingle Creek Parkway. We are more supportive of the play area located inside the building inset. The applicant will need to provide additional information on the fencing type/height, playground equipment (if any) to be provided and access in and out of the area. COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITS Attached are the responses to the five questions which must be satisfied to consider the issuance of a Special Use Permit (Section 35 -220, Subdivision 2) a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use wil t other property in the p 1 no be injurious to the use and enjoyment of oth p perty immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Additionally, these responses address the following questions within Section 35 -330, Subdivision 3e, which are required to be satisfied. 1. Compatible with existing adjacent land uses as well as with those uses permitted in the I -1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the I -1 district generally. 3. Of comparable intensity to permitted I -1 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park . or the community. 03 -31 -11 Page 4 i I STAFF COMMENT It should be noted that there is no such "master special use permit" defined or identified under the contents of our city code and/or zoning ordinance. The creation of this master special use permit is unique to this site and reflects city staff's understanding and recognizing all identified educational and religious users inside the building site, including attendee and employee numbers, and hours of operations. This Master Special Use Permit further acknowledges city staff's willingness and cooperative effort by allowing the property owners to personally manage the site, and allow certain educational and religious uses on their own, without the need of applying for individual special use permits should the need arise in the future. According to our city attorney, the creation of this master special use permit is allowed under the guise of this Amendment to the Planned Unit Development, which allows cities to provide flexibility in sustaining or approving specific uses or conditions_ that the underlying zoning district (or City Code) may not allow or normally permit. The PUD Amendment is not akin to a variance, which requires specific (statutory) conditions to be met and moreover, a demonstrated or proven hardship. The PUD amendment is further strengthened by meeting the conditions established under the special use permit requirements, as noted above. City planning staff feels the basic tenets of the special use standards noted above have been or will be met by these specified uses within the subject property. We find no reasons to deny this special use permit based on any newly discovered or perceived findings at this point. • RECOMMENDATION It is the opinion of staff that the site may be approved for a Planned Unit Development Amendment (PUD/I -1 Zone remains unchanged), and that standards for allowing a master special use permit and the special criteria for allowing certain non - industrial uses in the I -1 zoning district have been satisfactorily addressed. It is recommended that the application be approved subject to the following conditions: 1. The master special use permit is issued to the subject site, which acknowledges the three existing places of religious assembly and associated uses at this location. If other religious uses apply to occupy this site, the Applicant/Owners may allow by means of this master special use permit, subject to meeting parking requirements. 2. The master special use permit is issued to the subject site, which acknowledges the three educational spaces and associated uses at this location. If other educational uses apply to occupy this site, the Applicant/Owners may allow by means of this master special use permit, subject to meeting parking requirements. 3. The child care center and the 33' x 47' outdoor - enclosed play area is allowed in conjunction with an approved educational use subject to receiving State of Minnesota licenses and inspection of said premises. No other play area or child care uses not identified b this application shall be permitted as art of this special use permit. An Y pp P p p P Y 03 -31 -11 Page 5 . expansion or major alteration to the site to accommodate this child care use shall be subject to an amendment to this special use permit. 4. The Applicant will need to submit to city staff specifications on the outdoor child care play area, including fencing type and height, playground equipment (if any) and access points. The final location of this area may be subject to building and/or fire code regulations. 5. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, maybe grounds for revocation. 6. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable cozies through the building permit process. ` 7. Special use approval is exclusive of all - signery which is subject to the provisions of Chapter 34 of the City Ordinances. 8. If necessary, the Applicants will execute a PUD Amendment development agreement with the City of Brooklyn Center, as prepared by the City Attorney, which agreement shall memorialize the conditions noted herein and other conditions as recommended by the Planning Commission and adopted by the City Council. 03 -31 -11 Page 6 y "' Planning Commission PaIr Application No. 2011 -007 22 � f / y ob ``-... °�•,.� 22 —_� ff 1 X59 n 4N N 2s i ` � f w m 2804 707 3r0, Shingle reek Trail rri I h' 28AD�4 � � ! 201a % g , h i+uN eta ` \ arc+° 2lY1,5 3A:�cnmY twAsvtiAS.� . }iocIs saxu c OS � N'3AV O sax d u3X a / 4 4 1!1 LO z lb :gym ,I• , I X0 i t I a ' 1 Y Q... a . 0 • S (a. W O I a {1 a L EL I I e_ \ T I LDH2l1 I 3, Q J U to ! T < W / / /�� I c I II F • 81 t .w -_t ILI U) z �j j BUILDING.C 4II ,..._...e •�% V .,....._ J U) N co 444 LL, u Z' I t ��> r I u i�Lkl �+a a la la l xui�aa I I _) Wo I ttttttttt�'r4f4idi11111 ttttt4#-t #1111.' w o \\ \ \\ a AVM332ld \� 1` 1 r S N I i �I i. •fit Z u 0 eB;NI o 3P `,j Ix I 7 \' \\ I � � Y Z � � I t I N ¢R: � I Z� Z m \ N AA ' i�� A i i__ __ I ° 11— Z BUILDING A BUILDI �1--� O W V) 0 LL PLP SSME PLAN �3, 9 PlP 6UILOING PLAN � S ° Y ` � ` \� // '�/ ~PLPOI ONNOV. 1 0 wi LOOP,, ul q Zi qt in si OD Jill a f ig BUILDING A (LOWER LEVEU O j PRIMARY USE IS OFFICE SPACE. TENANTS INCLUDE AN INSURANCE AGENCY. AN EDUCATION OFFICE, BUILDING MAINTENANCE OFFICE, OFFICE STORAGE, CONFERENCE ROOMS, x,. \ A VENDING ROOM AND A CHURCH. - W A109 OFFICE SPACE \ / U 3 EMPLOYEES / Z HOURS OF OPPERATION 7AM -7PM MON -FRI J Al24 W 0 BUILDING LOADING DOCK " ¢ S. m Al25 OFFICE STORAGE ROOM O EMPLOYEES Ll.. Q mce A118 W BUILDING MAINTENANCE ROOM a 1EMPLOYEES Y " HOURS OF OPPERATION 7AM -4PM MON -FRI w / L / 0_ U) Al 10 A103 VENDING ROOM J EDUCATION OFFICE SPACE 0 EMPLOYEES ¢ 4EMPLOYEES / , B `` •��,� t9 OURS OF OPPERATION 7AM -6PM MON -FRI z. ' \ o A102 W INSURANCE OFFICE SPACE '` �� ' ' U 5 EMPLOYEES a / LL HOURS OF OPPERATION 7AM -6PM MON -FRI A100 0 CHURCH SPACE 3 EMPLOYEES (LOCATED IN A 1 13) BUILDING A - "' HOURS OF OPPERATION 7AM -1 OPM SAT -SUN 100-150 PERSON TEMP OCCUPANCY) I PLP A BUILDING PLAN B PLP BUILDING PLAN PLP03 BUILDING B PRIMARY USE IS EDUCATION. TENANTS INCLUDE BROWN COLLEGE, ' ALTERNATIVE LEARNING, LUNCH ROOM AREA, A CHURCH AND ONE SHIPPING /RECEIVING BUSINESS. to to Z F 1 8125 8122 II-- SHIP/REC SPACE CHURCH SPACE W 5 EMPLOYEES 5 EMPLOYEES HOURS OF OPPERATION 7AM -6PM MON -FRI HOURS OF OPPERATION 7AM -1 1 PM SAT -SUN Z (250 PERSON TEMP OCCUPANCY) W O m W \ W \.�\ � W u LU LID 000 /; / /' /•/ / /�i� \ EDUCATIONALSPACE S EMPLOYEES HOURS OF OPPERATION 7AM -6PM MON -FRI F- / (20 PERSON TEMP OCCUPANCY) { 0 Ld Z U A cr B100 EDUCATIONAL SPACE ,\ \ • \\ \ \�� , \\` BUILD NG B 50 EMPLOYEES \ \ \ \ �; \ HOURS OF OPPERATION 7AM -1 OPM MON•FRI (250 -400 PERSON TEMP OCCUPANCY) 8113 EDUCATIONALSPACE 30 EMPLOYEES HOURS OF OPPERATION 7AM -6PM MON.FRf (150 PERSON TEMP OCCUPANCY) o LER Fo • I PLP B BUILDING PLAN B PUP BUILDING PLAN r PLPO4 A217 OFFICE SPACE 7 EMPLOYEES _ € HOURS OF OPPERATION 7AM -6PM MON -FRI; U 3 # BUILDING A (UPPER LEVEL) PRIMARY USE IS OFFICE SPACE. O TENANTS INCLUDE AN EDUCATION OFFICE, A BUSINESS OFFICE,OFFICE STORAGE AND A CHURCH. In Z \ U Z \ SC HOOLOFFICESPACE W 0 12 EMPLOYEES Y Q ` \ HOURS OF OPPERATION 7AM -6PM MON -FRI m (20 PERSON TEMPORARY OCCUPANCY) Q ALI Lu IL cD U v v\ %iii /, �j a \ \ \ \ A205A,B,C } \ \ \ \ \\ \ \\ CHURCHSPACE g 5 EMPLOYEES HOURS OF OPPERATION 4PM -1 2AM SATSUN". .S• (7 (100 PERSON TEMPORARY OCCUPANCY) 0 0 fr \ f . \ \ \\ Z Lli II.I W \ Z, � ; // BUILDING A .�•. PLPA BUILDING PLAN SECOND FLOOR - PLP BUILDING PLAN PLP05 • 's M � 2 0000 F i� "91, _ s / ROOF ROOF / DRAIN (n DRAIN HpSCgp \ \� Al UO O O o O O �6 � � H U o m '30 \ qR 00 0 \ �N 2 00 00. '00 "41 aG \ ` \ \�elq BCALC MAIM —N . Z ROOF NEED 5' X 33' \ DRAIN _SIDEWALK FOR It EGRESS ENT. Z a W U) PROPOSED EXT FENCED AREA PROPOSED EXT FENCE AREA z 1 NO SCALE NO SCALE . III W Z U 0 IL ,c w , TRACT K \ \^ \��``• �\ y' N a \ H . 2. '..+Si. 4GOVER S ENT LO W Q \ \� S E ION 3 5 FENCED IN PLAY AREA (2) R 33'X 47 1,551 SQ FT S f' . \`` u D W U Al R °4 0 oy�; f ,�� .; i ' t J to U R ROB 4t � ! 1 3 Q w m D -E CREnTE. -3— FENCED IN PLAY AREA (1) grFs �� `�� = PROJECTW -1 ' 20 = 1 ,440 SQ FT RCA- PER PLAN 72 X I i .... ti gpa qR,y� Aq oetc: mizsno pr \k,yq oanwR Rr m y 15 -6" X 4' -9" = 73.625 SQ FT. ". - _ CHECRFD9Y. - TOTALLING 1,513.625 SQ FT _ �='°"" PLP03 S • Member Parks introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2011 -05 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011-007 SUBMITTED BY JON VAN EYLL OF WIRTH COMPANIES AND ON BEHALF OF PALMER LAKE PLAZA WHEREAS, Planning Commission Application No. 2011 -007 submitted by Jon Van Eyll with Wirth Companies proposes a Planned Unit Development (PUD) Amendment to an existing PUD /I -1 (Planned Unit Development/Industrial Park) district, along with Special Use Permit approval for Palmer Lake Plaza, located at 6850- 6860 -6870 Shingle Creek Parkway; and WHEREAS, the proposal comprehends the amendment to the original PUD /1 -1 zone to allow the creation of an "master" special use permit allowing the applicant/owners to provide educational and religious uses /churches in the above- referenced property, along with a child daycare operation in conjunction with an educational use; and WHEREAS, the master special use permit provides the flexibility and opportunity to the owners of said Palmer Lake Plaza facility, by allowing certain educational and religious uses within this PUD /I -1 district without the need for separate special use permit considerations for each • existing or future use, provided that certain site conditions, such as parking and building safety code conditions are all met; and WHEREAS, the Planning Commission held a duly called public hearing on March 31, 2011 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development Amendment and Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this amendment and special use permit provided the use can meet the general standards for special use permits contained in Section 35 -220 and the special criteria outlined in Section 35 -330, Subdivision 3e. of the City's Zoning. Ordinance and complies with the goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -007 submitted by Jon Van Eyll with Wirth Companies be approved based upon the following considerations: 1. The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. • 2. The Planned Unit Development Amendment proposal will allow for the utilization 1 of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Amendment is considered a reasonable use of the property and will conform with underlying I -1 Zone standards 4. The Planned Unit Development Amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. Furthermore, the Planning Advisory Commission finds: 1. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 2. The special use will not be injurious to the use and enjoyment of other property in • the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. 5. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -007 be approved subject to the following conditions and considerations: 1. The master special use permit is issued to the subject site, which acknowledges the three existing places of religious assembly and associated uses at this location. If other religious uses apply to occupy this site, the Applicant/Owners may allow by means of this master special use permit, subject to meeting parking requirements. 2. The master special use permit is issued to the subject site, which acknowledges the • three educational spaces and associated uses at this location. If other educational uses 2 J apply to occupy this site, the Applicant/Owners may allow by means of this master special use permit, subject to meeting parking requirements. 3. The child care center and the 33' x 47' outdoor - enclosed play area is allowed in conjunction with an approved educational use, subject to receiving State of Minnesota licenses and inspection of said premises. No other play area or child care uses not identified by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the site to accommodate this child care use shall be subject to an amendment to this special use permit. 4. The Applicant will need to submit to city staff specifications on the outdoor child care play area, including fencing type and height, playground equipment (if any) and access points. The final location of this area may be subject to building and/or fire code regulations. 5. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 6. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. • 7. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. .8. If necessary, the Applicants will execute a PUD Amendment development agreement with the City of Brooklyn Center, as prepared by the City Attorney, which agreement shall memorialize the conditions noted herein and other conditions as recommended by the Planning Commission and adopted by the City Council. 3-3( -1 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Kuykendall and upon vote being taken thereon, the following voted in favor thereof: Chair Rahn, Commissioners Kuykendall, Morey, Parks, and Schonning. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3 Member introduced the following resolution and moved its . adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011-007 SUBMITTED BY JON VAN EYLL OF WIRTH COMPANIES AND ON BEHALF OF PALMER LAKE PLAZA WHEREAS, Planning Commission Application No. 2011 -007 submitted by Jon Van Eyll with Wirth Companies proposes a Planned Unit Development (PUD) Amendment to an existing PUD /I -1 (Planned Unit Development/Industrial Park) district, along with Special Use Permit approval for Palmer Lake Plaza, located at 6850 - 6860 Shingle Creek Parkway; and WHEREAS, the proposal comprehends the amendment to the original PUD/I -1 zone to allow the creation of an "master" special use permit allowing the applicant/owners to provide educational and religious uses /churches in the above - referenced property, along with a child daycare operation in conjunction with an educational use; and WHEREAS, the master special use permit provides the flexibility and opportunity to the owners of said Palmer Lake Plaza facility, by allowing certain educational and religious uses within this PUD /I -1 district without the need for separate special use permit considerations for each • existing or future use, provided that certain site conditions, such as parking and building safety code conditions are all met; and WHEREAS, the Planning Commission held a duly called public hearing on March 31, 2011 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development Amendment and Special Use Permit request in light of all 'testimony received, the guidelines and standards for evaluating this amendment and special use permit provided the use can meet the general standards for special use permits contained in Section 35 -220 and the special criteria outlined in Section 35 -330, Subdivision 3e. of the City's Zoning Ordinance and complies with the goals and objectives of the City's 2030 Comprehensive Plan. WHEREAS, the Planning Commission recommended approval of Application No. 2011 -007 by adopting Planning Commission Resolution No. 2011 -05 on March 31, 2011; and WHEREAS, the City Council considered Application No. 2011 -007 at its April 11, 2011 meeting; and WHEREAS, ' the City Council considered the Planned Unit Development Amendment and Special -Use Permit request in light of all testimony received, the guidelines and..' • standards for evaluating this amendment and special use permit provided the use can meet the 1 • general standards for special use permits contained in' Section 35 -220 and the special criteria outlined in Section 35 -330, Subdivision 3e. of the City's Zoning Ordinance and complies with the goals and objectives of the City's 2030 Comprehensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -007 submitted by Jon Van Eyll with Wirth Companies be approved based upon the following considerations: 1. The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development Amendment proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses _as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Amendment is considered a reasonable use of the property and will conform with underlying 1 -1 Zone standards • 4. The Planned Unit Development Amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the, existing land and this development can be considered an asset to the community. Furthermore, the City Council finds: 1. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the - public health, safety, morals or comfort. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. 2 5. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -007 be approved subject to the following, conditions and considerations: 1. The master special use permit is issued to the subject site, which acknowledges the three existing places of religious assembly and associated uses at this location. If other religious uses apply to occupy this site, the Applicant/Owners may allow by means of this master special use permit, subject to meeting parking requirements. 2. The master special use permit is issued to the subject site, which acknowledges the three educational spaces and associated uses at this location. If other educational uses apply to occupy this site, the Applicant/Owners may allow by means of this master special use permit, subject to meeting parking requirements. 3. The child care center and the 33' x 47' outdoor - enclosed play area is allowed in conjunction with an approved educational use, subject to receiving State of Minnesota licenses and inspection of said premises. No other play area or child care uses not identified by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the site to accommodate this child care use shall be • subject to an amendment to this special use permit. 4. The Applicant will need to submit to city staff specifications on the outdoor child care play area, including fencing type and height, playground equipment (if any) and access oints. The final location of this area may be subject to building and/or fire P Y J g code regulations. 5. This special use permit is subject to all applicable codes ordinances and regulations. p. p J pP � Any violation, thereof, may be grounds for revocation. 6. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 7. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the - City Ordinances. 8. If necessary, the Applicants will execute a PUD Amendment development agreement with the City of Brooklyn Center, as prepared by the City Attorney, which agreement shall memorialize the conditions noted herein and other conditions as recommended by the Planning Commission and adopted by the City Council i 3 • Date Mayor ATTEST City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • 4 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 31, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:08 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Morey, Michael Parks, and Stephen Schonning were present. Also present were Secretary to the Planning Commission/Director of Business & Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Councilmember Carol Kleven, and Planning Commission Recording Secretary Rebecca Crass. Carlos Morgan was absent and unexcused. Commissioner Leino was absent and excused. APPROVAL OF MINUTES — MARCH 17, 2011 There was a motion by Commissioner Morey, seconded by Commissioner Kuykendall, to approve the minutes of the March 17, 2011 meeting as submitted. The motion passed. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned these hearings, the Commission makes recommendations to the City Council. 'The City Council makes all final decisions in these matters. APPLICATION NO. 2011-007 JON VAN EYLL Chair Rahn introduced Application No. 2011 -007, a request for Planned Unit Development approval and Special Use Permit (Master Special Use Permit) approval to allow educational and religious uses in the PUD /I -1 zoning district, along with a child daycare operation in conjunction with an educational use for the property located at 6850, 6860 and 6870 Shingle Creek Parkway. Mr. Benetti presented the staff report which describes the proposal including the history and " current uses of the building including where the current educational uses are located in the building. Mr. Benetti added that educational uses and church uses are considered special uses in the I -1 industrial zone. He explained that the applicant was asked to identify all of the current such uses on the site and that the process of creating a Master Special Use Permit would capture all of those existing uses. He added that even though the parking lot is approximately 100 spaces short of the ordinance requirement, with the proposed uses of the buildings there will be scattered times of operation which will not create a problem with parking since not all uses occur at the same time of the day. Commissioner Morey asked for more information on the proposed outdoor play area. Mr. Benetti replied that this is a -new area that will be used in conjunction with the BC Alternative Learning Center. He added that most similar facilities desire an outdoor -play area and that city 3 -31 -11 Page 1 staff will ask for further details on the outdoor play area to assure that it meets all code requirements. Chair Rahn asked for further explanation on a Master Special Use Permit since it has not been used in the past and not part of the current city ordinances. Mr. Benetti replied that the City attorney recommended that this would be an appropriate action to take by creating this Master Special Use Permit since it provides for a very unique Special Use Permit which applies to this property only. Commissioner Parks asked if by granting this Master plan, there will not be a need to create another Special Use Permit in the future for additional uses. Mr. Benetti replied that the city feels that there could be instances that will require an amendment to the Special Use Permit such as an expansion of an educational and church use that would create a need for additional parking on the site and further review by the City. He added that any new educational or church uses would require further review and approval by the Planning Commission. PUBLIC HEARING — APPLICATION NO. 2011 -007 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to open the public hearing on Application No. 2011 -007, at 7:23p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. Charles Lemke, representing the Brooklyn Center School District and the alternative educational uses that are proposed for the site, stated that he was here on behalf,of the applicant. He stated that he had a couple questions for staff: 1. The school district may make minor modifications to the building to accommodate the daycare center. Would that create a minor or major alteration to the site? Mr. Benetti responded that there is a standard threshold that refexences 5% of the building footprint is allowed to be altered. He added that if there are minor interior alterations to the building, the city would accept that if they are located within the area already identified as a. current use for the school. 2. Can we also presume that any building permit required could be obtained and not subject to a development agreement? Mr. Benetti responded that permits will be required for any work being done that alters the building.. He added that once the Special Use Permit is approved by City Council, permits can be issued. He also stated that he would confirm with the City Attorney to determine if a development agreement would need to be created. Mr. Jeffrey Wirth, Wirth Companies, stated that he was here on behalf of the applicant, Mr. Jon Van Eyll. • 3 -31 -11 Page 2 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -007. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2011 -007, at 7:29 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Mr. Parks stated that he felt that a typical condition of approval in the past included a statement about permits being required. Chair Rahn stated that Condition No. 6 covered that requirement. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011 -05 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to recommend to the City Council that it approve Planning Commission Resolution No. 2011 -05 regarding the recommended disposition of Planning Commission Application No. 2011 -007, submitted by Jon Van Eyll for P Unit Development approval and Special Use Permit (Master Special Use Permit) approval to allow educational and religious uses in the PUD /1 -1 zoning district, along with a child daycare operation in conjunction with an educational use for the property located at 6850, 6860 and 6870 Shingle Creek Parkway.. • Voting Kuykendall, Morey, Parks and Schonnin Vot m favor: Chair Rahn Commissioners Ku kenda g � Y . g And the following voted against the same: None Whereupon said resolution as declared duly passed and .adopted. Planning Commission Resolution 2011 -05 is made part of these minutes by attachment. The Council will consider the application at its April 11, 2011 meeting. The applicant must be .present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2011 -004 — LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY, INC. Chair Rahn introduced Application No. 2011 -004, a request from Loren Van Der Slik for Gatlin Development Company, Inc., for Preliminary Plat Approval of Shingle Creek Crossing, the replat of the Brookdale properties. Mr. Eitel explained that this Planning Commission Application No. 2011 -004 had been tabled at the March .17, 2011 Planning Commission meeting. He added that since that time the application had been officially withdrawn by the applicant. He stated that there had been a `gentlemen's agreement' and no one representing the applicant would be in contact with the city before discussions begin for the April 14, 2011 Planning Commission meeting. • 3 -31 -11 Page 3 DISCUSSION ITEMS ` CONTINUED REVIEW OF CITY COUNCIL GOALS AND THE 2010 PLANNING COMMISSION AGENDAS IN PREPARATION FOR THE APRIL 6 TH JOINT COUNCIL /COMMISSION MEETING Mr. Eitel reviewed a PowerPoint presentation for the April 6 th joint meeting with the City Council and Commissions which emphasized the Planning Commission's achievements over the last few years. There was: further discussion among the Commission regarding past and future development plans for the City. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:02 p.m. • Chair Recorded and transcribed by: Rebecca Crass • 3 -31 -11 Page 4 City Council Agenda Item No. 10a • • COUNCIL ITEM MEMORANDUM • DATE: April 11, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk �Y" SUBJECT: Type IV 6 -Month Provisional Rental License for 5636 Fremont 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 5636 Fremont 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 thirteen property code violations found during the initial rental license inspection and zero 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 required by City ordinance for 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: 09 -03 -10 Samer Alamy applied for renewal of the rental dwelling license for 5636 Fremont Ave N, a single - family residential property. 09 -04 -10 Initial rental inspection conducted (thirteen orders cited, see attached rental criteria) 10 -25 -10 Rental inspection attempted, however, since no adult was present at the property, an inspection could not be conducted. 11 -12 -10 Rental inspection conducted. All violations corrected. A $100.00 reinspection fee was applied. 01 -04 -11 $100.00 re- inspection fee paid. 01 -05 -11 Zero validated police incident /nuisance calls occurred in the past 12 months. 01 -05 -11 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. 02 -24 -11 Reminder letter for Mitigation plan sent 03 -18 -11 Mitigation Plan finalized lbiission: Ensuring an attractive, clean, safe community that entrances the quality= of life and preserves the public trust �p%W COUNCIL ITEM MEMORANDUM If approved, after six months, a new rental license will be required. The license process will • begin in approximately two 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 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. 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 duality 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 1— 3 Year 1 -2 units 0 -1 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 a�reater than O'1S nat more than 1.5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3 rznxts', `... .. Geatr than,l,$ bpt trot More.!. an 3 Type IV — 6 Months 7-2 units Greater than 8 3 ±units; Greater tlaai 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 units 0 25 Z..a 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 4 units'' Gxeaerrthap {) 25 but notmore 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories a3 4 unfits Greater, 41 n 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 • i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust C ity of B .r elttyn Center �acat��: 763- ' 6301 Shingle Creek Farkq Brooklyn Centel- le N 55438 =21x'9 h7 76 3 569- 3494 fi 1 : EAR g } • «, Rental License MifivationFlan ( Type IV License) ondwriden p'am ill not he accepte d. .i°lewse tvpe oi-,urseflflqbIefibrM on 0q w hxiM Propc4y Addizss 1t iE +teiki ill_ l raa ctyi'�enter, l�N t la FrsiBs �nl # mee am7tt PeRnine Pass NE C plumbia.H l ,i I N $5424 � t P�nniwi� P4fis 1 �. oju bia H6i its,. h4N 5 ,5421 Caner Pln. ant Fhe -til �3- 3 ani r i> y ail.00M 'Do above referenced pm perty q ualifies for a Type IV Rental License. A Mitigation Flan mast be completed and reviewed City staffbefore the rental license. application Van be considered for approval by City Cuun.cil, A Mitigation Plan should indite the steps being takem toeoff ee- identified vi laiions and the measures that wilt be taken to ensure; ongoing; eunapliance with City ('k-dinanc s and applicable Codes. 'Tile Mitigation Flays ln•Gvide4 an opportunity to review propany co,acems anal tdenti sihle .luti ns # ire � llae errBl nd onus aE the rkY ... .......... !iubmit the tollowlag ocit o ertts€ lfh the t'�1tig�rti�t� Plitt fcrr �PPrc► l 11 Ch Ch-m Free, Bousing Progi am "Training Certificate 2, Copy of Lease including Minnesota Cnme Free Housing Lease . ddeaiduni • 3, Signed & Completcd Mitigation Plan U.ril ssostn.eut Report (Perfomed by the i rod i }gin Center P61ioe Deptatrrtmt) +` ... 5, sub rriit w itten repott by 10 of each month a fter heonso approval). Ji Plkas� I I . Use written lease irtciu4ittg Cringe Free Housing Lease.Addendum I Conduct c xinat background. check for all pTospective tenants.. Frovi a documentati n to C ity if mqueste& . pursue the eviction of tenants who violate the terms of the. lease or any a dendum$. Attend City aptar --y d ei ht hoar Crime I.-Frec Housing :ng cour . Dale C Curse Completcd: 0410512011 mate: Course choduled 04105tMi 1 Complete Security /Lssessrnent and implement a.11 socurityiniproveinents re a `omen d d b ibe Broak!: r! etrt po ie l) ., � rttxtent:. Date Coo lets; 08114 [k1 l c nients to he crate l ted by. 0411 01 : page 1. Type IV Mitigauon Flan i - l 1 • I Will attend a minimum. €,t 0 ' f the AIRM e dttg's ffjur)= I W ill 1� ru .attend the . 1 sting se tiled for g3jj f2p1 j & _USX 1 f I w il l havc Ila rcpcat code olat ons l n7 'ousl documme tted within the past your, 1 il.l,al:t ridnt trai in, annually tlt iteludes tkte t�ett tlrttiu I will hold regutox resident. m cctings. UtUT Da Lot Rcp 4 Replacement Dat Water Heater WMIPMB 11213:15 Kitol cn, Appliances 01AM /2 }1 Extert ox -Windows 0913MO29 Rood _. OeMAMI 06 t "Shed -G arage - Drive w ay OOMPOts R idcwall Sill okc .o antis & Carbon Mop9 ode Ala Other la " hit �lemerttit the followin f Est: � et ccs a assist in the mat a. omen �. _.... � . B € °.clot g Aw oxes blow, y ot, agree ,�'` Chc ck in with tenants every 30 days. ,/ I)tive: by prgcrty to cheek for �i lations twice a month. Evict tenants i vi �. �Iton of tkae lease and ail addttidttmss P'r r o l'i ' e 1a p �� an � s � � j o �[ � r + s � erv y cry. Install sccarity system, ° Kip mfliaWnsAcc. s plau for apprianms. Name of s wive corn n W I atu a ad will re mmiu aully l Otis pa yt .cnt O utility fbes,taxes, assessments, lines, penalties and, other° financial clan s due to tl )'tlaer: n I the 3'y}tc l Rental ce7x is appro , ,red y rite Cit C ouncQ, the f.icetisee roust comply with the appr°cr fr l 1 ti ��tia tt lt`l ►u and all applicable city codes_ Na later than the 1 t1 " l'-each calendar • manta the li lsee rust submit to the Building told Co xttunity t udards D op Written reptvt describing all steps taken to cem ltl. with the Mitigation Ptan. verify thaf all infolwiation provided A is t o An(j.'.c ur te. I u d tand. that If I Flo not comply • w ith a rl a ppy s sumb as d ration, foriTkA complaint or license review may resul.t Owner w Agent S igaa l l i ure r i�itlet Additional weer r Agent a rt�t�r� � � itl I�at PDia s Department Title �ut� Co 1 Title Date • a • City Council Agenda Item No. 10b • l COUNCIL ITEM MEMORANDUM • DATE: April 11, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk tj4 SUBJECT: Type IV 6 -Month Provisional Rental License for 3815 52 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 3815 52 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 twelve property code violations found during the initial rental license inspection and zero 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 g for more information. The following is a brief history of the license process actions: 10 -10 -10 Philip Stevenson applied for renewal of the rental dwelling license for 3 815 52" Ave N, a single - family residential property. 10 -28 -10 Initial inspection was attempted; the tenant denied entry. 12 -08 -10 Initial rental inspection conducted (Twelve orders cited, see attached rental criteria) 02 -18 -11 Second rental inspection passed with weather deferral 02 -22 -11 Zero validated police incident/nuisance calls occurred in the past 12 months. 02 -22 -11 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.) 03 -30 -11 Mitigation Plan finalized 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 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM. 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 Chanter 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 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 anal 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. 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 ro ert code and nuisances as defined in Chapter 12 19 7 P p Y P > and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the criteria, e establishment no longer complies with the license category crate g P g rY 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 ,l .5 Type III —1 Year 1 -2 units Greater than 4 but not m ore than 8 nits 15 Greater than l .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 ,c} 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 34! S ! Greater than 1 5 or more units Greater than 0.50 • Mission: Ensuring an attractive clean sae community that enhances the quality o lie and reserves the public trust Ensuring .f � tJ' .f f P P t1 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 anti preserves the public trust RcnUd U=se M AgAtiOn PI!U ap IV L acensc) t et 1n�me: Loea AgeImIt: F�btllip � �� s �Owner Addmw' ra Add=;; 224 W Lasl 27thfte MMM011 M N . Owm-Y. I*h *= 612,971-8196 � Agent Pbcme� - "wirer 'osai PhI AgentEmail' Tho iLbovercioreftca twOPwEY4tUA0fJcS fora Type Tv Ptnml Li we- A M itiga dM Plan MIat be curnplpmd and twitwod by YY %ufTb&fb 4: the ranu jiom applieatiOA Cm be ensidcrod for ! by ty mil. A MNS 12,11 SbOuld mace the step in,� im to t idcm OvA violations and mcasu�� that wit, be wken t o emu= irtg ��(}w +�itl� it rdiat as and applicable d , T itigativii Plan vida, rats oppwtuniy r,��ri concetng ohs to immye the '+ l dit in- of the - Stedw R Do�r�l��it . -- - -� Submit the foUaw me d ummts vdth 0.0 Miffigatium Pbm for SIPpr% l� 1 e4i F> e � . ,,g Pm m `l'r,�iai>� if cats • Cory of IA= inc ludin Mi mftofm Cd F H Md 4, Security A ssrnea tt ort (PeWbrund by the Brooklyn -P &C Ora) S . Subtnit wdtten ropwt by 10 Oreach mcmlh (After fiecase apl ' .1). + nm . ree H,01MA ?IAOrmWReqWremeht9 �•= I. Us* wilim loose mel t Crime. Ret Housing Lme Adder duQa. burr i if I Conduct Criminal `back and ch k for Pat pr�ttiv a �ttnlftts. pxavi�+� - ..1. Puisuethc m,'Ofjon of tests who Violate the terms Ofthe le4r" a apy addendum- _ 4. AllMd ity VP f OVCd C ight hQUf 'C:AMe l'r a site e t a Dme COMg etVd: '10 '1 lr a1 : the 1 1 fbim �--� C Sectuiry swat an4 imp i ent all swuriTY imPrOvmem T*c I` Brooklyn Owter'Pmliee DqwtmOt Date _ - toted: - .... -. eats : i 91201'1 - T IV Mi that lal i L p TMI _ = Z will n d a m{n:%t urn of of ft ARM rr ct irW OOU T will att l the ARM mw ti m p sc h eduled #`cox: ,1 t.12=11L _ 1 vAll have no mpeat mdvA olatians PY0vin &Cklmdutcd V d6 ghe PastYaw- For propersia Wi0 ur or mom Unify. 7 Will Co ndUOL =Si&nt training annually th incl*dcs =iMe p tcchfttqupet�. I WRI Mal mi*m meedflo. Section C- - -Lon Term CapftWal rovements Plan - Datc l rzcp1ac R meat D ate kit o OW 1 13t inx Ptlirntur+id _ ._.. -windows -R _._ -Sb ad OW;2M - �1,�lQ1 41 i tom 14 kL: R' atr s Erlao� Mt�naxidar ,t _ - - - - O ther, _ d Conditions Of 1 t endng The WWowing bom pmoticcg rn e rn U$Sist in thanago t Dt`YVtw PrOPOTV. checking *0 4MOV bdopr� Yom ftqm to: V Chpok in with tonavl a c'Y :10 40 we ' Drive by -proputy to cheer for vichta is tMct it month be E Id tonam in Violation Of the iea and all addend . NOVI& lawW60OW S:rvim Install Smurity System F made.- ma ntenun i s'icc plan for appliance%, Nnme ornrV , PQDY. _ 1 am and *lll rmain, aurmnt on pwimmt of utility fws, taxes, fn , mdl Uther fin =ia9 019kiMS daetO Ole City. -other fteds. IFthc Type I lkmal License is VprOved try the 4C Council, due lAtensee A,ttst rnpGly with the cLppmvcd Mhi.gatioo Plan and all applicable city des, No later than ft I Of O=b Mlendff arenth, tw li miml s utwnit to the B itling and Co nily tAndards D,�a Mt. a WI( report odes bang all ste t efl t c ply with ft t Kati P "age � [V mitigation Plan t =11 t iLry iii % t ail in,torti aiian pnivided ubme i vue and uemratc. I unik "tarld tn: ifd at not t emply • with. an uppry -Migaticin Plan, on fbrcemebt adti &OA such :L, c formal complatnir or hCons- e r ew may remit �ignawe f nLA - _- MW MW .. ddi ianal 0+x � Cr WT a nt O f �--- - - _ r� D aft ,l Deparbrnrmt I Title dingy, & o mmutr ty gla d Depafuncni I Title Date i City Council Agenda Item No. 10c • • COUNCIL ITEM MEMORANDUM • DATE: April 11, 2011 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: The property owner received a Type IV Rental License on November 9, 2010, on condition of adherence to the mitigation plan. The owner has failed to comply with the mitigation plan. According to City ordinances, if the requirements of the license category and the mitigation plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12- 901.2 requires a licensee of a Type IV Rental Property to complete • Phase II of the Crime Free Housing Program. City Ordinance Section 12- 914.2.b requires an owner (or authorized representative) to attend a minimum of 25 percent of Owners/Managers Association Meetings. The property owner has not attended any of these meetings. The inspection of the property revealed one violation, with a weather deferral. However, since the Type IV rental license condition has not been met, according to City ordinances the license should be renewed as a Type IV Rental License. The following is a brief history of the license process actions: Prior Type IV license approval activities: 06/10/2010 Cha Lee applied for a renewal of the rental dwelling license for 3112 Quarles Road, 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 I II and III of Crime Free Housing ( g p � p g Program, etc.). 09/10/2010 Reminder letter sent requesting Mitigation Plan. q g g i 10/13/2010 Owner received Crime Free Housing training. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 10/22/2010 Security assessment conducted of the property. • 10/29/2010 Owner completed security assessment and recommended upgrades. 10/29/2010 Mitigation Plan finalized. 11/08/2010 Type IV Rental Approved by City Council. 01/21/2011 Monthly update received. Current rental license approval activities 02/16/2011 Rental Application Received. 03/04/2011 Inspection Rescheduled. 03/07/2011 Inspection conducted — One violation order noted and the inspection was passed with a weather deferral 03/10/2011 No attendance at an ARM meeting. 04/05/2011 Spoke to owner of property and the owner agreed to attend the May 12, 2011 and July 14, 2011 ARM meetings. 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. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • 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 i 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 i Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1— 3 Year 1 -2 units 0 -1 3± units 75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3 units x Greater than 0.75 but not more` than Type III —1 Year 1 -2 units Greater than 4 but not mo tha 8 3 units ` Greater flzari 1,5 but not more =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 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 �4; amts = 0 -0 25, 5 or more units E 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3- 4_umts. Greater than,9;25 `but notiriare than 1 , 5 or more units Greater than 0 .35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3- 4_units ;,, _ Greater -than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe 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 - Copy of Mitigation Plan Approved as Part of the November 9, 2010, Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 3112 Quarles Road • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City of Brooklyn t eat em-- 76 6301 Shingle Creek Parkway fi�'Y,,�YbkV ,ITI BrCDkb n Center, KN 55430 -219 763 .569 -494 www . c m yv fiw,nWjmm nter. OW enta1,Lijce se Mitigation Plan (Type IV Ljcam) if andwritteg plant IV#/ not be a ed LION w e Of list fillIble farm Ofl Cl WOMM• Prep yty address 3112 Quarles Road North rN e= Cha Lei - Agent der Address- #gent Addms '6 , 96th Circle North O r Phones - Agent Pine: aC+.vnerLmail: clan ley.+ A ge at The abo" rehrenced property qualifies fig` aT),3e IV p A) tigadoP Ptef, dust lie cmplctrd and reviewed by Ciity smff`befte the rental lu ,se applivshon can he oonWmd far approval ' City Uuneil, A Mitiption flan should indicate the stcps being taken to cariw i&m hied virrlad4ins and the measures that willl be taken to ensarr o pli with City Ordipances and applicableCodgs, The Mitigation Plan provides an oppornmity tO Miew Prop" ems and Wcoffy possible solutiare to improvebe overaIii_ ditions of the Submit the tolleiw'ing documents with the Mitigation Plart for approval. ®I_ Crime free Hwsmg Pmgram Toning Cotifimte a_._r 2. Copy of Lem iuoluding Minnesota Crime F=, 14 ,0 0s Least Addmd= 3. Signed & Completed NfftigadOn Plan " 4, Security A unent R.epm (Perfatmed by the ley meter P01kc Department) 5. Submit wriffen report 6y-W ofeaah u mth (after lip alTro tO. Ph M 1, Use written, lease including Creme Fmc H*using Least Addendum. . ar�tluc a uiitutl ha i �l �eci€ ftrr ali pecti tenants. Provide dommentRtion to City ifrequested, 3. ftu= the eviction oft who v iolow the terms offfie lease or soy addendum s- ` 4. Attend City appro% Housing comae, DaeCourseCompleted, 10113110 Taste Course Schedule& Phase it Co plate Security Assessment and implement all security improvements recommended by tltie Brooldyn meter Nike I partment. .Fate- Complete& 101MI _ lotted P l Type lV Mlt gatiun Plan 9 - 10 Phaw III 1 will wjm a mirkimum Of5 % Of lhM A Tfi 1 s (f0W)• I Mill atknd dw ARM m schcaaled for. " l c erL%d � past '• I will l no at + �rivla . I mi 11 coed resident traa* anmmW drat 111 Prev ent'mtcc1d . I will hold r 0gular 199dent mCc Date LAS1 Rep'I ed Icce + Imo_. Water H e ater foils, 1K10Aen Wfiafi _ .am lwr _ _ws Abor 17 -Rpm ARMA _ i a �� -wg.y 7 111 4 - i Walk � ;k 1 � � - Other: i m t on the rn of your . 1�i0lgmr,p the following lit per.' may By cheraking fix boxgs bF10 W, RV HOW 10 : Chm—k in m tuts Offly 30 days. D vie: by y to cbeck for violations twice 8 M Eviet tenants it Viola on, of the lease and all addandwn& P gore scrvkv. Mall BMAY G5%tCm provW ma ScrV pl an for AppHanom Name ofservi= 0 MPanT Othera Page: 2 TWO IV mitipdon p1m 9-1.0 Ifthe Tye IV RMW Liceme as qpmvc _ b die City !ounieil, ffie LLB m p proved Mitigation F lan and o11 applicable city codes. NO l ° t �e :I& Of Ca1 �' - i. tho lTomed< Inust wit to RuIlding and Cm=u Stm dftfds DcPutment a w en enbing all steps a .to comply with the Wtkp6m Plan, T vei a t a ll atpvn ravided above is true and aucarate. '[ undem=d that if I do not CQIPPIY with an oppm ved Mitigation PIfit4 enforcement aLtdnns sueb as Citation. fOnnal cOMP13Int or li cenw stew may reSUIL 15 -0 Ckgre IP 4-" 46�� OmmuT orr Agent Sire 1 ltle Additf Owner or S*At= I Title t� . AF61H ' Bc A erDh I Tall 110 Bu" &' &' ffistriity ttetmn Tit1 Dote • Wee 3 Type IV MWoat n flan 9-10 Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3112 QUARLES ROAD WHEREAS, City Ordinance Sections 12 -900 to 12 -916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3112 Quarles Road, was issued a Type IV Rental license on November 9, 2010; and WHEREAS, City Ordinance Section 12 -901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12- 914.2.b establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 25 percent of Owners/Managers Association Meetings; and WHEREAS, the property owner of 3112 Quarles Road, Brooklyn Center failed to • attend any Owners/Managers Association Meetings; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 3112 Quarles Road. April 11, 2011 Date Mayor ATTEST: City Clerk • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 11, 2011 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. Opportunity to Acquire 5.7 Acres for Future Housing Opportunities (portions of Phase II Eastbrook Estates) PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Progress Reports on Achievement of Strategic Goals 2. School District Discussions /BC Strategic Plan Report 3. All City Open House 4. Sister City Update • 5. Neighborhood Designations 6. Active Living Program 7. Graduated Sanitary Utility Rate Study 8. Garbage Hauler Organized Collection Update 9. Financial Commission Report 10. Youth Participation Request 11. Budget Reductions to Lower City's Reliance on State LGA 12. Highway 252 Update — June 2011 13. Annual Department Year End Reports • Work Session Agenda Item No. 1 r MEMORANDUM - COUNCIL WORK SESSION • DATE: April 5, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Opportunity to Acquire 5.7 acres for future housing opportunities (portions of Phase Il, Eastbrook Estates) Recommendation: It is recommended that the City Council consider the offer by David Evanson, the owner /developer of Eastbrook Estates, to acquire 5.7 acres of land that was assembled as part of the single family subdivision of Eastbrook Estates. Background: On January 26, 2004, the City Council granted preliminary plat approval to the subdivision known as Eastbrook Estates 2nd Addition, the subdivision of approximately 8.75 acres into 29 • single family lots. This application involved an assembling of six existing lots under multiple ownership, two outlots, and surplus unplatted MnDOT right of way adjoining Hwy 252. The redevelopment of this property into a new single family subdivision was envisioned to provide new home construction opportunities similar to the Bellvue Neighborhood project; however, the down turn in the housing market and development costs of the project have stopped the developer /owner from moving forward with the project. Attached is a copy of Mr. Evanson's proposed sales offer and copies of the preliminary plat and parcel map which identifies the properties being offered for sale. Assessed Market Values: PID # 36- 119 -21 -12 -0031 35,600 sq.ft. $ 80,000 36- 119 -21 -12 -0033 88,062 sq.ft. $162,200 36- 119 -21 -12 -0038 82,597 sq.ft. $167,600 36- 119 -21 -21 -0118 36,883 sq.ft. $ 80,000 36- 119 -21 -21 -0125 3,863 sq.ft. $ 10,000 Total 2011 estimated market value $499,800 • PP Redevelopment Opportunities: P Mission: Ensuring tin attractive, clean, safe eommunity that enhances the duality of ife anal preserves lire public trust MEMORANDUM - COUNCIL WORK SESSION Examples of two housing projects that the City/EDA has previously participated in the land • assemblage include the Bellvue Subdivision in the Southeast corner of the city and the Estates of Riverwood, in the Southeast quadrant of Hwy 252 and 66 Avenue. It is the opinion of staff the similar housing opportunities could be available to the community, if the land is available when the housing market recovers from the current recession. Council Policy Issues: 1. Does the City Council believe that it is in the community's best interest to reserve this land to maximize future housing redevelopment opportunities for the community? 2. Does the City Council support the prioritizing of the use of TIF 93 Housing Funds for this acquisition? If it is the consensus of the Council that it is in the community's best interest to reserve land to maximize future housing redevelopment opportunities and to prioritize the use of TIF #3 Funds for such acquisitions, then it is recommended that the Council direct staff to negotiate the best acquisition price for consideration by the Council at an Executive Session. Budget Issues: The acquisition of this property would be an eligible expense from the TIF 3 Housing Fund. The • TIF 3 Housing Fund currently has a balance of approximately $1.8 M and is projected to receive annual revenues of approximately $350,000+ through remaining life of this Tax Increment District /2021. Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods Ongoing: 5. We will improve the image of the City with citizens and others • 3tissi €an: Ensuring an attractive, clean, safe cnxnunuuaity that enhances the quality of life and preserves the public trust • Mr. Gary Eitel Business & Development Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 3/21/2011 Gary: Pursuant to our discussions, I am offering, and wish to complete a successful sale and closing, of the five parcels I own in the preliminary plat known as Eastbrook Estates 2nd Addition. They are: 1. 36- 119 -21 -12 -0033 419 69th Ave N 2. 36- 119 -21 -12 -0031 421 69th Ave N 3. 36- 119 -21 -12 -0038 • (no address) Auditor's Subdivision No. 310 4. 36- 119 -21 -21 -0118 (no address) Ditzler Outlot 5. 36- 119 -21 -21 -0125 (no address) Eastbrook Estates Outlot These five parcels, purchased together, give the City a unique opportunity. By this acquisition, at a deeply discounted price, the City will control much of a site for future development. I am offering this to the City for a cash price of $210,000. Price would be apportioned on a per square foot basis. This is because existing market circumstances preclude me from the completion of the site. I would then be forced to sell the parcels piecemeal, and the land would be greatly underutilized, then having an adverse effect on future City tax revenues. Tha Abu. ,r 4 Ravi Evanson - 720 69th Ave N Brooklyn Center, MN 55430 s EASTBROOK ESTATES 2ND ADDITION PRELIMINARY PLAT IN THE CITY OF LOCATION: 7rota BMfh` n.'. Ner1 BROOKLYN CENTER, MINNESOTA OWCR AND CASN" :R PROPERnES. LLC SU6DIVIOCR: 7274 CR°Qm Awn.. N.NN A, , C.nbf. NN .- . (617) J7J -2.46 SURVEYOR AND W.Es LMIU SURVEYORS DESMNER: • GIVIL CNGM' R. NC. 710 Cp,l Rhrc RaaQ i is:7H.4a` L'D?v5 TRt/C'li I Ana.R. Nn. 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