HomeMy WebLinkAbout2011 09-26 CCP Regular Session AGENDA
• CITY COUNCIL STUDY SESSION
September 26, 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
a. Email Response Regarding Meeting Items
2. Miscellaneous
3. Discussion of Work Session Agenda Items as Time Permits
4. Adjourn
Curt Boganey
From: Tim Willson •
Sent: Saturday, September 17, 2011 12:03 PM
To. Curt Boganey
Subject: RE: Agenda Item 9b
Not all of our Council members have the opportunity or resoures to to review an email of this
complexity the afternoon of a council meeting night.
I'd think that prior to a council meeting that Council member correspondance on agenda items
received after the Thursday night packet has gone out and any staff response be prepared as
hard copy and placed before the Council .
Please distribute this email to the Council and add this item as the first item at our next
study session for council discussion.
-tw
Mayor Tim Willson
Brooklyn Center
763- 569 -3450
www.cityofbrooklyncenter.org/
Start by doing what's necessary,
Then do what's possible,
You'll discover you are doing,
What you previously thought was Impossible.
"Please consider your environmental responsibility before printing this e-mail"
From: Curt Boganey
Sent: Monday, September 12, 2011 3 :53 PM
To: BC City Council
Subject: FW: Agenda Item 9b
FYI - agenda item 9b.
From: Dan Ryan
Sent: Monday, September 12, 2011 3:42 PM
To: Curt Boganey
Subject: RE: Agenda Item 9b
Curt,
Thank you. Your response was most helpful.
Dan
From: Curt Boganey
Sent: Monday, September 12, 2011 1:15 PM
To: Dan Ryan •
Cc: Gary Eitel
Subject: RE: Agenda Item 9b
From: Dan Ryan
Sent: Monday, September 12, 2011 9:20 AM
o: Curt Boganey
bject: Agenda Item 9b
Curt,
After reviewing materials in 9b, it is apparent that the ordinance and state law calls for
support of staff's recommendation to deny the request for a variance at 5731 Camden. Given
the circumstances leading to the request for a variance, some observers would view a ruling
for strict code enforcement as inequitable. It would seem to some observers that if the city
failed to make an issue of the code violation when the second shed was approved or when the
property was sold to Ms. Coultier, what is the harm in letting the current property owner get
the variance? While the council has discretion to rule in favor of the request for variance,
the implications of such a decision by the council should be clearly understood.
The attorney advised that the city inspector's failure in 1995 to require that one of the two
sheds be removed is, at this point, legally mute. Compliance with the law is the obligation
of the property owner, even if they are ignorant of the law. The structure was not legal
when constructed therefore not eligible for a "grandfather exception ". Staff evaluated
various provisions in state law that would allow for a variance and determined that these
provisions did not apply in this case. therefore, staff concluded that current enforcement
action is warranted under the ordinance.
Planning Commission members who voted to grant the variance ruled for the petitioner on the
basis of the hardship that would be imposed if the city refused the variance and required
that one of the sheds be removed from the r .
o ert
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�at if the council voted to grant the application for a variance?
Wouldn't the city council be taking an action contrary to the existing ordinance by granting
the application?
In the opinion of staff and I believe the City attorney as well, it would be contrary the
existing City Ordinance which apparently needs be changed to meet the new State Standards.
Would council action granting the variance establish a precedent that could serve as a basis
for other property owners to challenge the ordinance?
In my opinion it could set a precedent, making continued enforcement of the existing
ordinance more difficult and probably opens the ordinance up to potentially successful legal
challenge by other property owners.
As I understand the issues, the answer to both of these questions would be yes.
If the council did rule in favor of the variance, wouldn't the council be required to show
that there are grounds for the variance under Minnesota Statutes 2010, Section 462.357, as
referenced in the staff memorandum?
Yes that is my understanding.
The question of hardship is problematic, property owners who don't like a certain provision
� f the code will most often plead hardship as the "obvious and reasonable" basis for
ccluding their property from an enforcement action.
2
If the city council rules to deny the request for the variance, does the unusual circumstance
of this case call for some relief given to the property owner by the city?
While this situation is relatively rare, it is not unique. We have required other similarly
situated property owners to remove sheds, including neighboring property owners.
I don't necessarily agree with that position, however g iven that the unexpected requirement •
of tearing down one of the sheds and removing the debris from the property as the result of
current city enforcement action could be interpreted as a hardship imposed on the property
owner during a very bad economy. After many years the city has suddenly imposed this expense
on the owner. It could be argued that this is a different set of circumstances than
requiring code compliance when a permit application was made for the second shed in 1995.
This is a different set of circumstances than 1998 when the property was sold. At the time
that the property was up for sale,,the cost of removing the illegal structure could have been
made part of expenses to be paid b either the seller or the buyer, to bring the property up
Y Y 8 p p Y
to code before closing.
It is probably true, had the previous owner not built the second shed in violation of the
City Ordinance, all of the current costs could have been avoided. Unfortunately, the shed was
built in violation of the City Ordinance and it remains in violation.
The new State standard requires that economic considerations alone may not determine
hardship. So a finding for approval would require the "practical difficulties" would include
all of the additional statutory findings, 1. three sheds is a use of the property in a
reasonable manner 2
the circumstances are Y
unique to the property, and 3. the variance will
q p p
not alter the character of the locality.
If each of the these three findings can be met, in this case, it seems that limiting
properties to a maximum of two accessory structures would be very difficult to argue in any
future case where the previous owner built the additional shed. •
This would suggest that additional variances will be granted whenever the current owner
demonstrates that the previous owner violated the ordinance. Essentially this means
neighborhoods would have multiple standards, a maximum of two for the property owners who
comply with the ordinance and more when property owners fail to comply with two accessory
maximum requirement.
It is important to note that under our current building code, all sheds placed on the
property do not require a building permit. So it is very likely that many new sheds will
continue to be added to properties without any notice to the City even if we amend our
ordinance to make a permit a requirement for all sheds.
I would appreciate any comments or corrections you would care to make.
Thank you,
Dan Ryan
Cell # 763 -232 -6677, Home 763 - 535 -4177
councilmemberryan @ci.brooklyn - center.mn.us
•
3.
CITY COUNCIL MEETING
City of Brooklyn Center
September 26, 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. September 6, 2011 — Joint Work Session with Financial Commission
2. September 12, 2011— Study Session
3. September 12, 2011 —Regular Session
b. Licenses
a. Resolution Regarding Disposition of Planning Commission Application No. 2011 -
017, Submitted by Carlein Coutier (on behalf of Debra New — 5731 Camden
Avenue N)
d. Resolution Authorizing Funding for Centennial Park Ball Field Improvements
e. Resolution Allocating Funds for Fiber Optic Conduit Project
CITY COUNCIL AGENDA -2- September 26, 2011
•
7. Presentations / Proclamations /Recognitions/Donations
None.
8. Public Hearings
a. Continued Special Assessments for Administrative Fines /Citation Costs
—This item was continued from September 12, 2011, for the following two
properties: 5655 Brooklyn Boulevard and 2318 55th Avenue North
1. Resolution Certifying Special Assessments for Administrative
Fines /Citation Costs to the Hennepin County Tax Rolls
Requested Council Action:
— Motion to re -open Public Hearing.
— Motion to take public input.
Motion to close Public Hearing.
- Motion to adopt resolution.
9. Planning Commission Items
None.
10. Council Consideration Items
a. Mayoral Appointment of Member to Serve on Financial Commission •
Requested Council Action:
— Motion to ratify Mayoral appointment.
b. Consideration of Type IV 6 -Month Provisional Rental License for 5349 Sailor
Lane
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 III One -Year Rental License for 5308 Lilac Drive North
1. Resolution Approving a Type III Rental License for 5308 Lilac Drive
North
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 -3- September 26, 2011
•
d. An Ordinance Relating to the Regulation of Signs; Amending Brooklyn Center
City Code, Sections 34 -110 and 34 -140, and Adding New Section 34 -211
Requested Council Action:
— Motion to approve first reading and set second reading and Public
Hearing for October 10, 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.
•
EDA MEETING
City of Brooklyn Center •
September 26, 2011 AGENDA
1. Call to Order
—The EDA requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet, including EDA (Economic Development Authority),
is available to the public. The packet ring binder is located at the front of the Council
Chambers by the Secretary.
2. Roll Call
3. Approval of Agenda and Consent Agenda
-The following items are considered to be routine by the Economic Development
Authority (EDA) and will be enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests, in which event the item will
be removed from the consent agenda and considered at the end of Commission
Consideration Items.
a. Approval of Minutes
1. September 12, 2011— Regular Session
4. Commission Consideration Items •
a. Resolution Authorizing the Acquisition of Property in Connection With the
Remove and Rebuild Program (5801 Ewing Avenue North)
Requested Council Action:
— Motion to approve resolution.
5. Adjournment
•
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
September 26, 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 5455 Brooklyn Boulevard as Part of the Reimaging of
Brooklyn Boulevard Corridor
PENDING LIST FOR FUTURE WORK SESSIONS
Later /Ongoing
1. National League of Cities Service Line Program
2. Progress Reports on Achievement of Strategic Goals
3. School District Discussions/BC Strategic Plan Report
4. Sister City Update
5. Active Living Program
6. Annual Department Year End Reports
7. Garbage Hauler Organized Collection Update - October
8. Youth Participation Request — October
9. Neighborhood Designations — December
10. Highway 252 Update — 2012
11. Administrative Fines Update — October
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
JOINT WORK SESSION WITH FINANCIAL COMMISSION
SEPTEMBER 6, 2011
CITY HALL - COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and
the session was called to order by Mayor Tim Willson at 6:33 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present:
City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, BCS
Director /Assistant City Manager Vickie Schleuning (arrived at 6:35 p.m.), and Deputy City Clerk
Maria Rosenbaum.
Others present were Financial Commissioners Dan Schueller (arrived at 6:37 p.m.).
• Mayor Willson informed that he had received an e -mail from Financial Commissioner Steve Landis'
and read the e-mail that stated the following:
"My principal feedback is a cautionary suggestion that the public should be educated in general as to
what we as the Council and Advisory Committee have decided in order to balance the budget. The
future is what concerns me - we shaved where we could but in the future may not be able to shave as
much which could result in additional increases in fees and /or taxes."
GOVERNMENTAL FUNDS AND TAX LEVY — REVENUES TO EXPENDITURE GAP
City Manager Curt Boganey informed since the last meeting on August 29, 2011, staff had been
working on using a combination of Local Government Aid (LGA), increasing revenues, and looking
at expenditure reductions with minimal impact on services. The outcomes of these discussions were
presented by Fiscal and Support Services Director Dan Jordet as follows:
• LGA of $200,000 has been included in revenue with an accompanying $200,000 in
contingency expense.
• Abatement charge revenue has increased $5,000.
• The Cafeteria Plan contribution for employee health and insurance benefits has been changed
to reflect a reduced medical insurance premium from Blue Cross/Blue Shield for 2012. The
incentive contribution for participation in a high deductible plan has been increased.
i • Dollars for an unfilled Housing Inspector position have been removed from Code
Enforcement.
09/06/11 -1- DRAFT
• The civil defense siren in Emergency Management will be replaced in 2011.
• Property and casualty insurance premiums have been adjusted downward as well and i
reduction of the administrative fees charged by the agent of record.
• The administrative transfer from other funds has been increased by $14,302.
• Upon receipt of information from the Volunteer Fire Relief Association the contribution to
the pension funding for the Relief Association has been reduced by $27,000.
• General fees will be increased to produce a net increase of 2 percent in fee revenue; $31,500.
• Various other line item adjustments have been made in each department following a request
to Directors for suggestions on reducing their budget areas by 1 percent for 2012.
Fiscal and Support Services Director Jordet informed with that being said, the property tax levy
includes the 2.21 percent scenario which would raise an additional $302,614.
With the Cafeteria Plan possibly being changed employees could see an amount of $750 for the
City's contribution and an incentive of $130 to employees if they choose the high deductible plan.
This would be a saving of approximately $104,000.
With all of the suggestions and the notice from the Volunteer Fire Relief Association that the
contribution to the pension funding for the Relief can be reduced to $12,700, the savings of $27;000
will be included in the General Property Tax Levy leaving a $18,500 surplus.
City Manager Boganey wished to emphasize on the following:
• The surplus of revenues over expenditures will need to be discussed more in the future and it •
� ex p
is apparent all departments reducing services now, at this one percent, after years of asking to
reduce, departments are starting to see the impact on the department's ability to operate
effectively.
• The lower premiums this year for health care allowing the extra $104,000 in the anticipated
budget helped a lot this year and being able to reduce the City's contribution because of the
lower premiums, no employee will actually see a reduction in their ability to pay for their
health care insurance. Also because of the new premiums, even at the $750 Cafeteria Plan
contrition some employees will see their overall family coverage go down.
• With the unfilled position of a Housing Inspector from the Code Enforcement Budget, it is
anticipated that the same level of service will continue; however, there will be no
improvements.
With this proposed balanced budget and if the Council adopts the Preliminary Levy on September
12, 2011, staff will be in a position to further refine the budget in the next several months.
Discussion continued regarding the advantages that helped complete the 2012 Budget and how
moving forward is going to continue to bring new challenges. It was noted that the communication
to citizens will be crucial in letting them know that the City is trying its best to accomplish a lot with •
very little help.
09/06/11 -2- DRAFT
Fiscal and Support Services Director Jordet outlined the proposed 2012 Property Tax Levy. He
• informed that if the Council approves the Levy proposed the expected impact on median value
residences, because of the manner in which homestead credit is going to be received, is very different
for 2012 and beyond because rather than getting a credit on the taxes there is a reduction in the
taxable value. In 2012 the median value stays as the taxable value for non - homestead properties and
the taxable value for homestead properties decease using a formula similar to what was used to
calculate the actual tax credit.
Discussion continued on the proposed Levy and it was noted that there would be some comparisons
available to help better educate on the impact for commercial /industrial (higher end, 90 -95
percentile) because of the shift of proportion of market value homestead credits.
City Manager Boganey recapped the challenge was to bring back a balanced budget and staff worked
at making that happen by using LGA funds, a substantial reduction in the City's health insurance,
and more moderate adjustments. This all meanin g that the homestead median value homes will
probably see no increase in their property tax, homestead properties below median will see some
decrease, and the properties above the median seeing some increase in their City bill. The non-
homestead properties along with commercial /industrial properties will see a substantial higher
increase due to 'shift in the State program.
Discussion continued with respect to future budgets and how hard things are going to get since there
is no more places to cut and this needs to be communicated.
• ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at
7:31 p.m. Motion passed unanimously.
•
09/06/11 -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
STUDY SESSION
SEPTEMBER 12, 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 6:05 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also
present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet,
Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development
Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie
Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
• Councilmember Lasman requested discussion on Item 6d, An Ordinance Amending Chapter 11
of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License,
and asked whether it should be removed from the Consent Agenda so the public is aware the
City is working on the Surly Brewery matter.
It was the majority consensus of the City Council to remove Item 6d from the Consent Agenda.
Councilmember Lasman requested discussion on Item 6f, Resolution Authorizing Execution of a
Professional Services Agreement, Brooklyn Boulevard Corridor Study, in particular how the
rates from the other firms compared. Public Works Director /City Engineer Steve Lillehaug
explained that staff collected, evaluated and ranked proposals from three consultants, Bolton &
Menk, Inc., WSB and Associates, Inc., and SRF Consulting Group, Inc. After review of the
proposals, staff realized the Brooklyn Boulevard Corridor Study could be pared down with the
City taking over some of the mailings /management and Hennepin County providing additional
traffic data. Mr. Lillehaug stated the three proposals were separated by less than $30,000 so staff
did not put much factor on the cost and is recommending SRF Consulting Group.
Councilmember Lasman requested discussion on Item 9a, Planning Commission Application No.
2011 -06 submitted by Loren Van Der Slick (Gatlin Development), and asked whether a walking
corridor would be incorporated into Shingle Creek Crossing. She noted the developer had used
that feature as a "warm fuzzy" because he had seen people walking at Brookdale. City Manager
• Curt Boganey explained that will not be known until the tenants are secured and their
requirements determined. He agreed that feature was the developer's initial vision but the
09/12/11 -1- DRAFT
project needs to respond to the market place. The Council discussed the PUD amendment and •
acknowledged that a different configuration for the food court may be driven by tenant needs and
desire for flexibility.
Councilmember Ryan requested discussion on Item 9b, Planning Commission Application No.
2011 -07 submitted by Carlein Cloutier. He commented that citizens may feel it is inequitable to
impose a requirement to remove the accessory structure and the difficulties the City would face
if the Council favored the variance. Councilmember Kleven explained why she intended to
support the variance request as recommended by the Planning Commission. Councilmember
Lasman stated in the final analysis Council Members should vote as they think correct. She
indicated she understands Councilmember Kleven's position, empathizes with the applicant, and
stated why she intended to not support the variance request.
MISCELLANEOUS
Councilmember Lasman asked for clarification on the ordinance relating to snow emergencies
when a car is parked on the street. Assistant City Manager/Director of Building and Community
Standards Vickie Schleuning and Mr. Lillehaug provided an explanation of the parking
restrictions and State Statute.
Councilmember Lasman advised of a citizen request for additional golf course promotions. Mr.
Boganey stated it is a balancing act with doing promotion in a cost effective manner and being
addressed by staff. •
Councilmember Lasman complimented Mr. Lillehaug's staff on the great job in the Palmer Lake
East project area.
Councilmember Lasman asked if the Farmer's Market has to pay the $30 fee per event. Mr.
Eitel stated an administrative use permit is $50 for a 10 -day permit or $25 /weekend.
DISCUSSION OF WORK E
S SSION AGENDA ITEMS AS TIME PERMITS
RESIDENTIAL DRIVEWAY STANDARDS
Councilmember Lasman presented a resident suggestion that a standard be set for foreclosed
properties relating to the condition of the driveway. She explained this resident lives next door
to a foreclosed property that was purchased for investment and while the interior was updated to
meet Code standards, the driveway was only partially repaired and then sealcoated.
Councilmember Lasman noted the Council previously considered whether standards should be
required for driveways but, at that time, it was the popular opinion that it would be costly and a
hardship for some residents. She clarified the suggestion for a driveway standard relates only to
properties purchased for investment (rehab and resale for a profit).
Mayor Willson stated the driveway would not have to be blacktop or concrete but could be
crushed gravel to a certain depth. He noted a new family purchasing a foreclosed house may •
prefer to use its dollars for a furnace or air conditioner instead of a driveway. He asked if the
09/12/11 -2- DRAFT
. City would rather have properly working mechanical equipment and interior issues addressed or
a nice driveway.
Councilmember Lasman clarified the driveway standard would apply only when a house is
purchased as an investment to be rehabilitated and resold. In addition, the driveway would not
have to be asphalt or concrete but repaired to the level set by the Council
Mayor Willson felt it was the prerogative of the investor and he was hesitant to consider
driveway standards over and above what is already in place. In addition, such a standard should
apply to all, which may impact homes of the elderly.
Councilmember Lasman stated she would not support a City -wide regulation and is only
suggesting a driveway standard that is tightly focused on homes purchased for investment. She
explained she wanted to bring this resident's suggestion forward but it may not be supported by a
majority of the Council.
Councilmember Ryan stated he appreciated the spirit in which this suggestion was brought forth
but questioned whether a repair standard could be considered for one owner and not applied to
all owners.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
• Councilmember Lasman moved and Councilmember Kleven seconded to close the Study
Session at 6:45 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Stu
Y
Session at 6:53 p .m.
Motion passed unanimously.
i
RESIDENTIAL DRIVEWAY STANDARDS — CONTINUED
Councilmember Lasman polled the Council whether the City Attorney should be asked to look at
the legality of the question raised by Councilmember Ryan.
Councilmember Kleven supported a driveway standard if it could be applied to a select group
(investment buyers).
Mayor Willson stated he would not support a driveway standard for a select group because it is a
"slippery slope" and the City has already addressed driveways that do not meet the minimum
• standard.
09/12/11 -3- DRAFT
Councilmember Ryan stated he would not be opposed to the City Attorney examining the issue •
to determine if the Council has an option for some limited action for a driveway repair standard.
It was the majority consensus of the City Council to request the City Attorney to provide a
recommendation on the City's ability to establish a minimum driveway repair standard on
foreclosed homes purchased as an investment.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session
at 6:56 p.m.
Motion passed unanimously.
•
09/12/11 -4- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
SEPTEMBER 12, 2011
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, Kay Lasman, and Dan Ryan. Also
present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet,
Public Works Director /City Engineer Steve Lillehaug, Director of Business and - Development
Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie
Schleuning, Planning and Zoning Specialist Tim Benetti, 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 Olson, 2712 O'Henry Road, informed the Council of a challenge in her neighborhood
relating to the renter of 2701 O'Henry Road that has resulted in at least 25 calls to the Police
Department. She urged the Council to not renew a rental license for this renter and asked for
information relating to ways to help Section 8 homeowners become part of the community:
Councilmember Lasman asked if the objection is with the person renting the property. Ms.
Olson answered in the affirmative.
Mayor Willson explained this matter will be taken under advisement by City staff and Ms. Olson
can call City staff for answers to her questions or research the City's online ordinances.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 6:53 p.m.
Motion passed unanimously.
2. INVOCATION
•
09/12/11 -1- DRAFT
Councilmember Ryan requested a moment of silence and personal reflection in observance of the •
tenth anniversary of 9/11 and those who serve in our armed forces across the globe to keep us
safe.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also
present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet,
Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development
Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie
Schleuning, Planning and Zoning Specialist Tim Benetti, Fire Chief Lee Gatlin, City Attorney
Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA •
Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and
Consent Agenda, as amended to remove Item 6d, An Ordinance Amending Chapter 11 of the
City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License, from
the Consent Agenda for consideration as Item 10e, and the following consent items were
approved:
6a. APPROVAL OF MINUTES
1. August 15, 2011— Joint Work Session with Financial Commission
2. August 22, 2011— Study Session
3. August 22, 2011— Regular Session
4. August 22, 2011— Work Session
5. August 29, 2011— Joint Work Session with Financial Commission
6b. LICENSES
MECHANICAL
3 -D Heating and Air 7674 Meridian Avenue S., Montrose
Air & Furnace Care 4101 93 Avenue N., Brooklyn Park
Aspen Air Heating & Cooling 308 15 Street SW, Forest Lake
Elite Contractors 4954 170 Lane NW, Andover
Sabre Plumbing Heating & A/C 15535 Medina Road, Plymouth •
Schwantes Heating and Air 6080 Oren Avenue N., Stillwater
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Wolgast Plumbing & Heating 12618 303 Avenue, Princeton
RENTAL — CURRENT RENTAL STANDARDS
INITIAL (TYPE III — one-year license)
6769 Humboldt Avenue N. Li -Chwen Su
INITIAL (TYPE II — two-year license)
41016 I' Avenue N. Long Xiong
1312 68 Lane N. Konrad Wagner
6700 Bryant Avenue N. Scott Poppenhagen
5843 Halifax Avenue N. Ebassa Berhanu
4201 Lakeside Avenue N. #209 Robert Morgan
5541 Morgan Avenue N. Yang Yang Zheng
5330 Newton Avenue N. Jamison Kohout
7156 Unity Avenue N. Michelle Shaffer
RENEWAL (TYPE III - one-year license)
1600 71 Avenue N. Pavel Sakurets
6757 Humboldt Avenue N. Saleem Raza
RENEWAL (TYPE II — two-year license)
509 61 Avenue N. Tim Daniel
• 4000 61 Avenue N. Jacob Devney
5706 Camden Avenue N. Christian Restoration Services
5408 Colfax Avenue N. Sufeng Zheng
5137 -39 France Avenue N. Matthew May
7219 June Avenue N. Christian Restoration Services
RENEWAL (TYPE I — three-year license)
5547 Lyndale Avenue N.
Riverwalk I Dragon Property Management
5301 Russell Avenue N.
Sommerset Place Apts. Nedzad Ceric
2801 63 Avenue N. Thomas Bennett
2806 65' Avenue N. A -Jelil Abdella
1335 67 Lane N. Dennis & Shannon Dane
1338 67 Lane N. Norma Simmonds
4700 68 Avenue N. Chufeng Xiong
3819 Burquest Lane Amir Chaboki
5930 Camden Avenue N. Matthew Joseph
5214 Drew Avenue N. Paris and Nicole Fadden
6910 France Avenue N. Sufeng Zheng
5508 Fremont Avenue N. Charles Jing Bright
6835 Fremont Place N. Leslie Reynolds
. 6349 Halifax Drive Charles Jing Bright
5618 Hillsview Road Nita Morlock
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5527 Humboldt Avenue N. Michael McAlpin
7024 Oliver Circle Juliana Koe
6700 Toledo Avenue N. Trenton Potter
6006 Zenith Avenue N. Keith McConnell
6c. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR
LICENSE SUBMITTED BY CITY OF LAKES NORDIC SKI
FOUNDATION, FOR AN EVENT TO BE HELD AT SURLY BREWING
COMPANY, 4811 DUSHARME DRIVE, ON OCTOBER 22, 2011
6d. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF
ORDINANCES RELATING TO LIQUOR LICENSING; ADDING
BREWER TAPROOM LICENSE
This item was removed from the Consent Agenda and considered as Council
Consideration Item 10e.
6e. RESOLUTION NO. 2011 -118 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES
6f. RESOLUTION NO. 2011 -119 AUTHORIZING EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT, BROOKLYN BOULEVARD
CORRIDOR STUDY
6g. RESOLUTION NO. 2011 -120 APPROVING CHANGE ORDER NO. 1, •
IMPROVEMENT PROJECT NO. 2011-16, CONTRACT 2010 -I, SHINGLE
CREEK RESTORATION IMPROVEMENTS
Motion passed unanimously.
7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS
- None.
8. PUBLIC HEARINGS
8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT ACCOUNTS
City Manager Curt Boganey introduced the item, stated the notice of Public Hearing has been
published, and the purpose of the proposed resolutions to certify costs to Hennepin County.
1. RESOLUTION NO. 2011 -121 CERTIFYING SPECIAL ASSESSMENTS
FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY
4
TAX ROLLS
Assistant City Manager /Director of Building and Community Standards Vickie Schleuning
presented the special assessments under consideration for nuisance abatement costs and •
09/12/11 4- DRAFT
explained the updated assessment roll includes costs for the capital interest and special
assessment charges. It was noted a due process is available for residents to appeal to a third
parry hearing officer.
Councilmember Kleven moved and Councilmember Lasman seconded to open the Public
Hearing.
Motion passed unanimously.
No one appeared to speak.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan, seconded to approve RESOLUTION
NO. 2011 -121 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT
COSTS TO THE HENNEPIN COUNTY TAX ROLLS.
Motion passed unanimously. .
2. RESOLUTION NO. 2011 -122 CERTIFYING SPECIAL ASSESSMENTS
. FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS
TO THE HENNEPIN COUNTY TAX ROLLS
Ms. Schleuning presented the special assessments under consideration for administrative vacant
building registration costs and noted there are two properties recommended to be specially
assessed.
Councilmember Lasman moved and Councilmember Ryan, seconded to open the Public
Hearing.
Motion passed unanimously.
No one appeared to speak.
Councilmember Lasman moved and Councilmember Kleven seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2011-122 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT
BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS.
Motion assed unanimously.
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3. RESOLUTION NO. 2011 -123 CERTIFYING SPECIAL ASSESSMENTS •
FOR ADMINISTRATIVE FINES /CITATION COSTS TO THE
HENNEPIN COUNTY TAX ROLLS
Ms. Schleuning presented the special assessments under consideration for administrative
fines /citation costs. She described the notification process used for violations and options of the
property owner to correct the violation and pay the fine or appeal to a hearing officer.
Mayor Willson noted that Robert Batta, 5655 Brooklyn Boulevard, has filed an appeal. City
Attorney Charlie LeFevere advised the Council can amend the assessment roll to remove this
property and allow for staff research and recommendation.
Councilmember Lasman moved and Councilmember Ryan seconded to remove 5655 Brooklyn
Boulevard from the assessment roll for further staff research.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
Mr. Osonowo, 2318 55 Avenue N., stated he received a letter from the City three weeks ago for a
$250 assessment and had called the City office to ask what it was for. He indicated he did not •
receive a notice that he had to pay a fine and was told to come tonight to appeal the fine.
Councilmember Ryan moved and Councilmember Lasman seconded to remove 2318 55
Avenue North from the assessment roll for further staff research.
Motion passed unanimously.
Mr. LeFevere recommended the Council continue the Public Hearing on 5565 Brooklyn
Boulevard and 2318 55 th Avenue North to the September 26 2011 meeting.
p � � . g
Councilmember Lasman moved and Councilmember Ryan seconded to continue the Public
Hearing for 5565 Brooklyn Boulevard and 2318 55 Avenue North to the September 26, 2011,
meeting.
Motion passed unanimously.
Councilmember Kleven moved and Councilmember Lasman seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Kleven moved and Councilmember Lasman seconded to approve •
RESOLUTION NO. 2011 -123 Certifying Special Assessments for Administrative Fines /Citation
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• Costs to the Hennepin County Tax Rolls, as Amended to Remove 5655 Brooklyn Boulevard and
2318 55 Avenue North from the assessment roll.
Motion passed unanimously.
8b. CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC
UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS
Mr. Boganey introduced the item, stated the notice of Public Hearing has been published, and the
purpose of the proposed resolution to certify costs to Hennepin County.
1. RESOLUTION NO. 2011 -124 CERTIFYING SPECIAL ASSESSMENTS
FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE
HENNEPIN COUNTY TAX ROLLS
Director of Fiscal and Support Services Dan Jordet presented the special assessments under
consideration for delinquent public utility service accounts. He noted when the City certified
delinquent bills twice a year it found that 60 -70% of the names were on both lists so it was
decided to certify only once in 2011. This resulted in lowering the number of accounts from
1,358 in 2010 to 693 in 2011 and a reduction in certified assessments from $436,720 in 2010 to
$371,974 in 2011.
• The Council noted the service has been provided to the property and non - disputable given the
ability f the City to track services rendered. Mr. Jordet concurred and noted the costs include
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provision of water that is metered; collection, transit, and treatment of sewage; collection of
storm water; street lighting; and, recycling. The Council indicated it is good to see the trend that
the number of accounts for collection has been reduced by almost one half.
Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing.
Motion passed unanimously.
Frances Akindele, 6736 Colfax Avenue N., stated she received a letter about the hearing tonight
but was not sure what it related to. She explained she has been unemployed since 2008 and does
not have money to pay the cost. Mayor Willson explained this Public Hearing relates to public
service utility accounts. Ms. Akindele stated she will refer to her letter and call City Hall.
Councilmember Lasman moved and Councilmember Kleven seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION
NO. 2011-124 Certifying Special Assessments for Delinquent Public Utility Service Accounts to
. the Hennepin County Tax Rolls.
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Motion passed unanimously. •
8c. RESOLUTION NO. 2011 -125 VACATING CERTAIN EASEMENTS WITHIN
LOT 10, BLOCK 2, SUNRISE MANOR; LOT 1, BLOCK 3, SUNRISE MANOR;
TRACT B, REGISTERED LAND SURVEY NUMBER 370; TRACT A,
REGISTERED LAND SURVEY NUMBER 1456; LOT 2, BLOCK 1, CHRYSLER
REALTY ADDITION (LUTHER SITE), HENNEPIN COUNTY, MINNESOTA
Mr. Boganey introduced the item and stated this is a Public Hearing to consider the vacation of
certain easements for the Luther site redevelopment in connection with the final plat approval of
Bri Mar Second Addition.
Public Works Director /City Engineer Steve Lillehaug displayed a survey of the subject site and
presented the request to vacate sanitary sewer easements that are no longer needed. He
explained that two other easements for the traffic signal system on 68 Avenue N. will be
retained at the County's request. Mr. Lillehaug indicated proper notice has been provided and no
objections received. He recommended holding of the Public Hearing and adoption of the
resolution subject to three conditions as identified in the staff report.
Councilmember Kleven moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
No one appeared to speak. •
Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION
NO. 2011- 125Vacating Certain Easements within Lot 10, Block 2, Sunrise Manor; Lot 1, Block
3, Sunrise Manor; Tract B, Registered Land Survey Number 370; Tract A, Registered Land
Survey Number 1456 Lot 2, Block 1, Chrysler Realty Addition (Luther Site), Hennepin County,
Minnesota.
The Council noted that for some time this has been a challenging property and it supported
moving forward with redevelopment by the Luther Companies. Staff was commended for its
effort in this regard.
Motion passed unanimously.
8d. RESOLUTION NO. 2011-126 VACATING CERTAIN DRAINAGE AND UTILITY
EASEMENTS WITHIN LOT 2, BLOCK 1, RAINBOWS GARDEN CITY
ADDITION (AUTOZONE SITE), HENNEPIN COUNTY, MINNESOTA
•
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i Mr. Boganey introduced the item and stated the Public Hearing has been published and the
resolution was offered for adoption.
Mr. Lillehaug presented the request to release and terminate previously platted drainage and
utility easements and create new drainage and utility easements as part of the Rainbows Garden
City Second Addition. He advised staff had received no objections and recommended the
Council adopt the proposed resolution to vacate certain easements pertaining to the AutoZone
site in connection with the final plat approval of Rainbows Garden City Second Addition subject
to two conditions as detailed in the staff report.
Councilmember Lasman moved and Councilmember Kleven seconded to open the Public
Hearing.
Motion passed unanimously.
No one appeared to speak.
Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION
• NO. 2011 -126 Vacating Certain Drainage and Utility Easements within Lot 2, Block 1,
Rainbows Garden City Addition (AutoZone Site), Hennepin County, Minnesota.
The Council acknowledged this is a challenging property and the action under consideration will
allow it to be much more productive.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2011 -016 SUBMITTED BY
LOREN VAN DER SLICK (GATLIN DEVELOPMENT COMPANY). REQUEST
FOR PUD AMENDMENT TO THE 2011 SHINGLE CREEK CROSSING
PLANNED UNIT DEVELOPMENT SUBMITTED BY LOREN VAN DER SLICK
ON BEHALF OF GATLIN DEVELOPMENT, INC. THE PLANNING
COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT
ITS AUGUST 25, 2011, MEETING.
Planning and Zoning Specialist Tim Benetti displayed the approved 2011 Master Plan and
provided an overview of Planning Commission Application No. 2011 -016 to amend the Planned
Unit Development (PUD) of the previously approved Shingle Creek Crossing PUD
redevelopment plans. Mr. Benetti stated the updated master plans illustrating this amendment
• were provided for the Council's consideration. He described the requested amendment elements:
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1. The physical separation of the existing retail mall /food court building from the existing •
Sears retail store building;
2. The renovation/conversion of the Food Court mall building (common area) into retail
space, which expands the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft;
3. The elimination of proposed Building N from the 2011 Shingle Creek Crossing PUD
plan;
4. The expansion of the central parking area on Lot 2, Block 1 (Building N lot) which adds
103 parking stalls to serve the additional retail of the Food Court building; and
5. The addition of a 6,000 sq. ft. commercial pad site with 30 parking stalls labeled as
Building R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance along
with a new 0.71 acre lot.
Mr. Benetti displayed the Updated Master Plan and indicated the Council is being asked to
approve these revisions under a PUD amendment.
Mr. Benetti answered questions of the City Council regarding the request of Gatlin Development
Company. He indicated the front entrance to Sears will remain off Xerxes and another entrance
will be located in the northeast corner. Mr. Benetti explained that all site details such as
pedestrian walkways and street lighting will be considered by the Planning Commission and City •
Council under the site plan review.
Mr. Benetti advised of the consideration by the Planning Commission at its August 25, 2011,
meeting and unanimous recommendation for approval of the application for only those changes
pertaining to the added Site R, the deleted Site N, and the added separation on the north side of
the Sears building, subject findings and conditions as detailed in the draft resolution.
1. RESOLUTION NO. 2011 -127 REGARDING RECOMMENDED
DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011-
016 SUBMITTED BY LOREN VAN DER SLICK (FOR GATLIN
DEVELOPMENT COMPANY)
Councilmember Kleven moved and Councilmember Ryan seconded to approve Planning
Commission Application No. 2011 -127 Regarding Disposition of Planning Commission
Application No. 2011 -016 Submitted by Loren Van Der Slick (For Gatlin Development
Company).
The Council indicated it is good to see another property being redeveloped and commended staff
for the great job they are doing.
Motion passed unanimously.
•
Q9/12/11 -10- DRAFT
. 9b. PLANNING COMMISSION APPLICATION NO. 2011 -017 SUBMITTED BY
CARLEIN CLOUTIER. REQUEST FOR A VARIANCE TO ALLOW MORE
THAN TWO ACCESSORY STRUCTURES. THE PLANNING COMMISSION
RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 25,
2011, MEETING.
Mr. Boganey introduced the request of Carlein Cloutier for a variance to allow more than two
accessory structures.
Mr. Benetti provided an overview of Planning Commission Application No. 2011 -017 requesting
a variance from Zoning Code Section 35 -530 submitted by Carlein Cloutier, on behalf of
homeowner Debra New, 5731 Camden Avenue N. If approved, it would allow the continuation
of more than two accessory structures on a single - family residential property.
Mr. Benetti reviewed the language of Zoning Code Section 35 -350 and explained the attached
garage is considered to be one accessory structure. The total area of accessory structures cannot
exceed the footprint of the home. In this case the footprint of home is 975 sq. ft. and the existing
attached garage is 528 sq. ft., leaving 447 sq. ft. of additional accessory space. It was noted that
the smaller 10' x 14' shed was built in 1978 and the larger 12' x 20' shed was built in 1995-
1996. Ms. New purchased the property in 1998 after the two sheds were built.
Mr. Benetti presented pictures of the two storage buildings and displayed the original site plan
submitted with the 1995 building permit for the 12' x 20' shed that did not identify the existing
10' x 14' shed. It is not known why the building inspector at that time did not notice a shed
already existed on this property. Mr. Benetti stated the applicant petitioned neighbors and
displayed a slide identifying the subject site and those that signed the petition in support of the
application.
Mr. Benetti provided an explanation of the newly adopted State Statute relating to standards for
variances. It was noted that staff recommended the application be denied based on the initial
findings that the request was not necessarily unique; was in direct conflict with the general
purpose and intent of the ordinance; could potentially disrupt the overall harmony of the
neighborhood; and, establishes a wrong precedent. However, the Planning Commission, at its
August 25, 2011, meeting, and after extensive debate on the merits and consequences of this
variance, recommended approval on a 4 -2 vote with counter findings to staff's recommendation.
The Planning Commission's recommendation to allow this variance was based on the hardship
brought on by others (former landowner) and that this variance request is reasonable based on
the current situation of the applicant and the apparent longevity of the sheds allowed by the City
to remain in their current locations.
Mr. Benetti explained, since variances run with the land, that it would be better to have a
resolution on file to record against the property if the variance is approved. If the variance is
denied, staff would also recommend a resolution format that includes findings.
• Councilmember Kleven stated the Planning Commission recommended approval at its
August 25, 2011, meeting and she supports that recommendation because the problem was not
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caused by the current property owner, but by the previous property owner and City. She noted •
one shed was built in 1978, 33 years ago, and the applicant purchased the property in 1998.
Councilmember Kleven noted that in 1995, the City Building Inspector came to the property to
approve the second structure and she believed it was his responsibility to approve or deny that
building permit. The City Building Inspector did not deny it. Councilmember Kleven stated
there are two structures in many of the City's yards and this applicant went to the trouble to get a
petition signed by neighbors who have no problem keeping the structures and support the
variance.
Councilmember Lasman commended the applicant's work to pursue resolution of this issue and
stated these are the most difficult issues because there are two distinct sides. In this case, there is
a clear violation of the ordinance but, on the other hand, the structures were there when this
applicant purchased the property. Councilmember Lasman stated staff has explored the
grandfathered possibility but that right is not applicable so a variance was sought. She noted the
Planning Commission minutes indicate a resident had been required to remove a noncompliant
structure and comply with the ordinance. Councilmember Lasman stated it is her opinion that it
would not be fair to allow one resident to keep a noncompliant building when others were not
allowed to do the same. She noted the standards under Minnesota Statute 462.357, Subdivision
6. Appeals and Adjustments, have not been met so she believed denial of the request is the
appropriate action. Councilmember Lasman stated that as an elected official who has sworn to
uphold the laws of Brooklyn Center and the State of Minnesota, she will vote for denial.
Mayor Willson added that this consideration also establishes precedence for future requests. He •
indicated there is a clear violation of the ordinance and he was elected to uphold the ordinances
within Brooklyn City, so he would vote for denial.
Mayor Willson moved and Councilmember Lasman seconded to direct staff to draft a resolution
denying a variance for Planning Commission Application No. 2011 -017 submitted by Carlein
Cloutier to allow more than two accessory structures at 5731 Camden Avenue N., based on the
findings as discussed.
Councilmember Kleven voted against the same. Motion passed.
9c. PLANNING COMMISSION APPLICATION NO. 2011 -015 SUBMITTED BY
SEARS ROEBUCK AND COMPANY. REQUEST FOR PUD AMENDMENT
APPROVAL TO THE 1999 BROOKDALE MALL PLANNED UNIT
DEVELOPMENT, BY INCORPORATING SIMILAR DEVELOPMENT
STANDARDS APPROVED UNDER THE 2011 SHINGLE CREEK CROSSING
PLANNED UNIT DEVELOPMENT. THE PLANNING COMMISSION
RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 25,
2011, MEETING.
Mr. Boganey introduced the item and noted the Planning Commission recommended approval of
this application at its August 20, 2011, meeting.
•
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• Mr. Benetti provided an overview of Planning Commission Application No. 2011 -015 submitted
by Sears requesting to amend the original 1999 Brookdale Mall PUD to have the same or similar
adjustments approved to Gatlin Development Company under its approved Shingle Creek
Crossing PUD. He presented the history and components of the 1999 Brookdale Mall plan, the
May 23, 2011, Single Creek Crossing PUD (with the exception of the Sears lot), and Sears PUD
amendment request as follows:
1. Allow parking for restaurant uses to be 10 parking spaces per 1,000 sq. ft. of area.
2. Allow a reduction from 57 -foot to 52.5 -foot wide dimensions for 60- degree parking.
3. Allow a zero foot lot line setback at the existing northeast corner to the Sears building.
Mr. Benetti explained that as part of the Planning Commission consideration, Sears will be held
to the original 1999 PUD plans until such time that Sears expands or redevelops the site under
the new PUD or redevelopment plan. As a point of reference, Mr. Benetti presented the
approved 1999 plans and explained that staff wants to assure cohesion between the Sears site and
Shingle Creek Crossing. It was noted staff modified the original May 23, 2011, major access
route plan to identify and include access routes through Sears property to assure routes are
maintained throughout the site. Mr. Benetti displayed a diagram depicting the zero lot line
setback along the north property line that accommodates Sears block wall at the loading dock.
Mr. Benetti advised of the consideration by the Planning Commission, at its August 25, 2011,'
meeting, and recommendation for approval subject to certain findings and conditions as detailed
• in the draft resolution. Staff also added that approval provided Sears shall execute and provide a
Declaration of Covenants and Restrictions Agreement in the form submitted to the Council
subject to such changes, not affecting the substance of the Declaration, as approved by the City
Attorney and City Manager.
Mayor Willson noted Sears did not wish to be part of the Gatlin Development and asked why
Sears, at this time, is requesting amendments instead of submitting an entire PUD. Mr. LeFevere
explained that when the PUD was approved in 1999, it included both the Gatlin and Sears
property, planned as a unit. However, once the PUD is approved, individual properties may be
separately owned and individual lot owners may request amendments for their piece of the PUD.
Mayor Willson asked if the Council would have the basis to deny future amendment requests.
Mr. LeFevere advised that the Council had also considered a request by Gatlin to amend the
PUD and the commonality between the two sites includes parking standard and to create
consistent parking and drive aisles.
1. RESOLUTION NO. 2011 -128 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2011 -015 SUBMITTED
BY SEARS, ROEBUCK AND COMPANY
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2011 -128 Regarding the Disposition of Planning Commission Application No. 2011 -015
• submitted by Sears, Roebuck and Company.
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Motion passed unanimously. •
10. COUNCIL CONSIDERATION ITEMS
10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE
FOR 6116 ALDRICH AVENUE NORTH
Ms. Schleuning advised that 6116 Aldrich Avenue North was inspected and had no property
code violations or validated police incidents /nuisance calls within the last 12 months. However,
since the property owner advised staff on August 4, 2011, that he intended to sell the property, he
did not meet other requirements of a Type IV license during the six month period. Those
requirements included attendance at the Association of Responsible Management meetings,
submission of monthly updates regarding the status of the Mitigation Plan, and completion of
Phase II of the Crime Free Housing Program. The property owner then, on August 22, 2011,
advised staff that the property had not sold as he hoped so he would be re- applying' for a rental
license. Therefore, according to City ordinance, the license renewal category remains a Type IV.
Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated
Staff has reviewed that mitigation plan and held discussion with the property owner and
recommends approval of a Type IV six -month provisional rental license based on meeting
standards in the mitigation plan.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously. •
No one appeared to speak.
Councilmember Lasman moved and Councilmember Kleven seconded to close the hearing.
Motion passed unanimously.
1. RESOLUTION NO. 2011 -129 APPROVING A TYPE IV RENTAL
LICENSE FOR 6116 ALDRICH AVENUE NORTH
Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION
NO. 2011-129 Approving a Type IV Rental License for 6116 Aldrich Avenue North.
Motion passed unanimously.
10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE
FOR 5807 DREW AVENUE NORTH
Ms. Schleuning advised that 5807 Drew Avenue North was inspected and 20 property code
violations were cited and ultimately corrected. There have been no validated police
incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six -
month provisional rental license based on the number of property code violations found during •
09/12/11 -14- DRAFT
the initial rental license inspection. The property owner was also required to submit a mitigation
plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in
regard to this rental license application and indicated Staff has reviewed that mitigation plan and
held discussion with the property owner and recommends approval of a Type IV six -month
provisional rental license based on meeting standards in the mitigation plan.
Councilmember Ryan moved and Councilmember Kleven seconded to open the hearing.
Motion passed unanimously.
No one appeared to speak.
Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to approve a Type IV six -
month provisional rental license and mitigation plan for 5807 Drew Avenue North with the
requirement that the mitigation plan must be strictly adhered to before a renewal rental license
would be considered.
Motion passed unanimously.
• _ 10c. CONSIDERATION OF TYPE IV 6 MONTH PROVISIONAL RENTAL LICENSE
FOR 6234 BROOKLYN BOULEVARD
Ms. Schleuning advised that 6234 Brooklyn Boulevard was inspected and 12 property code
violations were cited and ultimately corrected. There has been one validated police
incident/nuisance call within the last 12 months. This property qualifies for a Type IV six -month
provisional rental license based on the number of property code violations found during the
initial rental license inspection. The property owner is also required to submit a mitigation plan
and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in
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regard to this rental license application and indicated Staff has reviewed that mitigation plan and
held discussion with the property owner and recommends approval of a Type IV six -month
provisional rental license based on meeting standards in the mitigation plan.
Councilmember Ryan moved and Councilmember Kleven seconded to open the hearing.
Motion passed unanimously.
No one appeared to speak.
Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing.
• Motion passed unanimously.
09/12/11 -15- DRAFT
Councilmember Ryan moved and Councilmember Kleven seconded to approve a Type IV six- •
month provisional rental license and mitigation plan for 6234 Brooklyn Boulevard with the
requirement that the mitigation plan must be strictly adhered to before a renewal rental license
would be considered.
Motion passed unanimously.
10d. PRELIMINARY 2012 LEVY AND BUDGET
Mr. Boganey introduced the item and explained each municipality is required by the State to
adopt a maximum levy.
Mr. Jordet described the history of this consideration and presented the preliminary 2012 General
Fund Budget and Preliminary Property Tax Levy Payable in 2012. It was noted the levy results
in an increase of $447,000 over 2011 or 2.3 %.
Mr. Jordet and the Council discussed the impact of the shift in tax burden as a result of the
Legislature eliminating market value homestead.
Mr. Boganey clarified that under the old statute the theory was that homesteaded property
owners, based upon the value of their homes, would pay less in property taxes than the amount
the City would levy against those homesteaded properties and the State would reimburse the City
for the difference. However, the State did not reimburse the City. The new law says homestead •
property owners, depending on the value of their homes, should continue to pay less than the
City would levy against the properties but the State will not reimburse the City in order for those
homestead owners to receive lower taxes. Instead, other property owners (commercial/
industrial/apartment owners) will pay for that credit.
The Council acknowledged that even if the levy did not increase, there would still be an increase
in taxes to non - homestead properties to make up that difference in what used to be the muitivalue
homestead credit.
Mr. Jordet presented a chart depicting the estimated impact on property types (commercial/
industrial /residential) showing the trend of property taxes due to the Legislature's formula
change and increase in the City's levy.
1. RESOLUTION NO. 2011 -130 APPROVING A PRELIMINARY TAX
CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE
FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND
REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE
2012
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2011 -130 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt
Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for •
Property Taxes Payable 2012.
09/12/11 -16- DRAFT
• The Council noted it had examined expenditures by department and staff worked diligently to
reduce expenditures wherever possible to hold the line on property taxes.
Motion passed unanimously.
2. RESOLUTION NO. 2011 -131 ADOPTING A PRELIMINARY BUDGET
FOR THE 2012 FISCAL YEAR
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2011-131 Adopting a Preliminary Budget for the 2012 Fiscal Year.
The Council noted the significant decrease in the Fire Relief Association and thanked the Fire
Department for making good investments that resulted in lowering the City's contribution.
Motion passed unanimously.
10e. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF
ORDINANCES RELATING TO LIQUOR LICENSING; ADDING BREWER
TAPROOM LICENSE
Mr. Boganey introduced the item and reviewed the consideration by the State Legislature to
• amend the statute to allow for a brewer to apply for a taproom license to sell its brew on site.
Unfortunately, it left out a provision for cities with a municipal liquor operation. Mr. Boganey
explained that Surly Brewing would like to build a first class restaurant and expand its brewing
operation. Adoption of the draft ordinance will allow for a brewery such as Surly Brewing to
have a taproom license when they also have a restaurant. If adopted, staff will request
authorization to pursue new legislation during the next session to allow Brooklyn Center to be on
the same footing as other cities.
The Council indicated its support for the draft ordinance and keeping Surly Brewing in Brooklyn
Center.
Councilmember Ryan moved and Councilmember Lasman seconded to approve First Reading of
An Ordinance Amending Chapter 11 of the City Code of Ordinances relating to Liquor
Licensing; Adding Brewer Taproom License and set second reading for October 10, 2011.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Kleven reported on her attendance at the following:
• August 25, 2011, lunch at the Crowne Plaza where Representative Hilstrom spoke, Fast
p
Signs open house and ribbon cutting, and the Planning Commission meeting
. • August 29, 2011, budget work session
• September 6, 2011, budget work session
09/12/11 -17- DRAFT
• September 8, 2011, ARM meeting •
• September 11, 2011, participated in a parade in Osceola, Wisconsin
Councilmember Kleven announced another new restaurant will be opening soon, the Ocean
Buffet located at Bass Lake Road and Shingle Creek Parkway. She also announced that the last
community gathering will be held on September 15 at Bellvue Park.
Councilmember Ryan stated he will attend the September 15 community gathering at Bellvue
Park for the neighborhood meeting. He stated he has been participating in the League of
Minnesota Cities policy planning meetings and the concluding meeting will be held this week.
Councilmember Ryan stated he will provide the Council with a report regarding their policy
recommendations to the Legislature.
Councilmember Lasman reported on her attendance at the following:
• August 24, 2011, meeting with a police sergeant relating to neighborhood issues
• August 27, 2011, Lao forum picnic joint consortium effort with the Brooklyn Park and
Brooklyn Center Police Departments
• August 29, 2011, budget work session
• August 31, 2011, meeting with constituents on diversity issue concerns
• September 6, 2011, last budget work session prior to adoption of the preliminary budget
and levy
Mayor Willson reported on his attendance at the following:
• August 27, 2011, Lao community event
• September 6, 2011 budget work session
• September 9, '2011, stock car driver at the Shakopee Raceway for a local food shelf
benefit
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 9:22 p.m.
Motion gassed unanimously.
09/12/11 -18- DRAFT
City Council Agenda Item Na 6b
•
•
COUNCIL ITEM MEMORANDUM
• DATE: September 20, 2011
TO: Curt Boganey, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
SUBJECT: Licenses for City Council Approval
Recommendation:
It is recommended that the City Council consider approval of the following licenses at its
September 26, 2011.
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
CSH Enterprises 7311 153` Avenue NE, Columbus
Ductworks Heating & A/C 6108 Olson Memorial Hwy, Golden Valley
Stern Heating & Cooling, Inc. 34181 180'' Avenue N, Red Wing
SIGN HANGER
Twin Cities Sign Installations 4475 214 Avenue NW, Oak Grove
RENTAL
See attached report.
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
•
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
t' Gr��aer thin 0 7S but n mbxe 1 5
w....
Type III —1 Year 1 -2 units Greater than 4 but not more than 8
Type IV — 6 Months 1 -2 units Greater than 8
t
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
5 or more units 0 -0.35
Decrease 1 1 -2 Greater than 1 but not more than 3
Category 4 mot or than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1 -2 Greater than 3
Categories 4 Ireater 5 or more units than 0.50
Budget Issues:
There are no budget issues to consider.
•
Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life and reserves the public trust
Ma 4•
,�. ,,.,z.,r,� ...,.. -: - •.::..p ,a, F? + w w.:ri. " �� sn•�'�,
`2F, Property Final
,.
;:; Dwelling Renewal Code License£ Police . License Una'id lln�aid
Pro' "e t Address...: F.. ^
...ype � , � . or lni��al` CFS Type , tJ�rlita��... Taxes
1308 68th Ln N Single Family Initial Konrad Wagner 0 II N/A II OK OK
5031 Drew Ave N Single Family Initial Adrian Jimenez 1 II N/A II OK OK
6430 Dupont Ave N Single Family Initial Patricia Leners 0 II N/A II OK OK
4700 Eleanor Ln Single Family Initial Kao Thao 2 II N/A II OK OK
3012 Thurber Rd Single Family Initial Cher yang 0 II N/A II OK OK
7041 Willow Ln Single Family Initial Sandra Hansen 8 III N/A III OK OK
1 Bldg 1 1
4806 Twin Lake Ave 4 Units Renewal Doug Wahl .25 /Unit I .25 /Unit I OK OK
10
6825 -27 Noble Ave N Two Family (2) Renewal Christian Vitale 5 /Unit III 0 III OK OK
5327 Queen Ave N Two Family (1) Renewal Alvin Stachowski 0 1 0 1 1 OK OK
270165th Ave N Single Family Renewal Trinh Vu 7 III 0 III OK OK
4013 65th Ave N Single Family Renewal Gao Qiang Liu 1 1 0 1 OK OK
5214 Ewing Ave N Single Family Renewal My Truong 5 III 0 III OK OK
1519 Humboldt PI N Single Family lRenewal IShoeMiller Properties LLC 2 II 1 II OK OK
5701 James Ave N Single Family Renewal I Roxann Robertson 1 1 0 1 OK OK
5836 James Ave N Single Family lRenewal IMai Vang 0 I 0 1 OK OK
* CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N /A.)
** Final License Type
Type 1 = 3 year Type 11 = 2 year Type III = 1 year
City Council Agenda Item No. 6c
•
•
COUNCIL ITEM MEMORANDUM
• DATE: September 20 2011
TO: Curt Boganey, City Manager
FROM: Tim Benetti, Planning and Zoning Specialist
c�
THROUGH: Gary Eitel, Director of Business,and Development
SUBJECT: Planning Commission Application No. 2011 -017 (Carlein Cloutier, 5731 Camden
Ave N)
Recommendation:
It is recommended the City Council adopt the attached resolution of denial, which refers to a
request for variance under Planning Application No. 2011 -017, with specific findings as noted
therein.
Background:
This item was presented before the City Council at the September 12, 2011 regular meeting.
Upon brief presentation by planning staff and discussion between the Mayor and City Council -
members, a motion was approved (by 3 -1 vote) directing city staff to prepare this resolution of
• denial based on the original findings, which were are based on the report of the hearing before
the Planning Commission on August 25, 2011.
This resolution was reviewed and approved by the city attorney for language and content.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
3. We will stabilize and improve residential neighborhoods
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
its adoption: Member introduced the following resolution and moved •
RESOLUTION NO.
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 2011 -017, SUBMITTED BY CARLEIN CLOUTIER (ON
BEHALF OF DEBRA NEW)
WHEREAS, Planning Commission Application No. 2011 -017 submitted by Carlein
Cloutier (on behalf of the property owner Debra New) requested approval for Variance to City
Zoning Code Section 35 -530 to allow more than two (2) accessory structures in the RI -One
Family Residence District, for the property located at 5731 Camden Avenue North; and
WHEREAS, the Planning Commission held a duly called public hearing on August
25 2011 at which time a staff report was presented, the Applicant presented her justification and
support of the variance, and public testimony regarding the variance was received; and
WHEREAS, said Planning Commission Information Sheet (staff report) contained a
recommendation of denial of the variance based on the following factors:
i. the applicant's situation is not due to circumstances unique to her parcel of
pP q
land; •
ii. to allow a homeowner additional sheds (even by means of a variance) is in
direct conflict with the general purpose and intent of the ordinance and
could potentially disrupt the overall harmony of the neighborhood;
iii. to allow this application to proceed under a variance potentially sets or
establishes a wrong precedent;
iv. the variance is not in harmony with the general purposes and intent of the
ordinance; and
V. the new standards for granting variances (under Minnesota Statutes,
Section 462.357, Subdivision 6), have not been met.
WHEREAS, despite the recommendation for denial by planning staff, the Planning
Commission determined by a four -to -two vote, to recommend that the City Council approve the
Variance comprehended under Planning Application No. 2011 -017 based on the following
findings:
i. that allowing this variance is based on the hardship brought on by others
(i.e. the former landowner);
•
RESOLUTION NO.
ii. the variance request is reasonable based on the current situation of the
Applicant; and
iii. the apparent longevity of the sheds allowed by the City to remain in their
current locations is also reasonable.
WHEREAS, the City Council considered Application No. 2011 -017 at its September
12, 2011 regular meeting. A presentation was made by city staff, and the recommendation of approval
by the Planning Commission was presented.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 2011 -017, submitted by Carlein Cloutier (on behalf of the
property owner Debra New) requesting approval of a Variance to City Zoning Code Section 35 -530 to
allow more than two (2) accessory structures in the RI -Once Family Residence District, for the
property located at 5731 Camden Avenue North, be denied based on the following findings, which are
based on the report of the hearing before the Planning Commission on August 25, 2011:
p g g �
i. the applicant's situation is not due to circumstances that are unique to her
• parcel of land;
ii. to allow a homeowner additional sheds (even by means of a variance) is in
direct conflict with the general purpose and intent of the ordinance and
could disrupt the overall harmony of the neighborhood;
iii. to grant the requested variance would establish an undesirable precedent;
iv. the requested use is not in harmony with the general purpose and intent of
the ordinance; and
V. the economic factors cited by the applicant are not a lawful basis for the
requested variance.
September 26, 2011
Date Mayor
ATTEST:
• City Clerk
RESOLUTION NO. •
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
•
City Council Agenda Item No. 6d
•
COUNCIL ITEM MEMORANDUM
• DATE: September 19, 2011
TO: Curt Boganey, City Manager
FROM: Jim Glasoe, CARS Director ��
Steve Lillehaug, Public Wor k erector
SUBJECT: Resolution Authorizing Funding for Centennial Park Ball Field Improvements
Recommendation:
It is recommended that the City Council consider approving the allocation of up to $20,000 in
unreserved, undesignated fund balance in the General Fund for improvements to the Centennial
Park softball fields.
Background:
The Centennial Park softball fields were first constructed in the 1970's. As the fields were
constructed within the existing flood plain, they were prone to occasional flooding in times of
high water or excessive rain. In addition, the ball field improvements were constructed on poor
soil, (peat) making the fields susceptible to sinking over time.
As a result of significant settling, the ball fields were reconstructed to their original elevations in
1999. At that time, the City Engineer noted the added weight from the reconstruction would
• 1 accelerate sinking problem, makin future repa an
almost certain
l ikely ac ele ate the s nki g p g p certainty.
• y .
In 2011, we have experienced an extraordinary year with respect to precipitation before and
during the softball season. Heavy winter snows, coupled with large rain events in the spring and
summer resulted in the fields being unplayable for large portions of the spring and summer. This
situation has negatively impacted both the Dudley Softball Tournament and our softball leagues.
It has impacted these activities to the point that sponsors and teams are looking at other options.
Absent some tangible improvements, we would likely lose teams and/or our tournament
sponsorship.
The 2012 -2026 Capital Improvements Plan does include an allocation to again raise the fields to
original elevations. However, this improvement is not anticipated until 2026. As this is more
than a decade out, staff has developed an interim plan to make the fields playable until they can
be permanently fixed. This interim plan should allow for the fields to remain playable, with the
only exception being extraordinary rain events.
The interim plan calls for the f lling in of some of the lowest areas, the creation of a small berm
in the outfields and the creation of three "sump" structures, that would allow the fields to be
pumped following large rain events.. The berm would be constructed only up to original
construction elevations. While this will not prevent flooding during significant storms, it will
keep the fields dry during typical rainfalls and would allow for the fields to be pumped after the
water has subsided from larger events.
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Budget Issues:
Based on review with the City's Finance Director, the following is the proposed funding
summary for this project. The total project cost is estimated to be $30,000. Funding for the
project will use $10,000 of existing budget authority in the General Fund from the Parks
Maintenance business unit.
It is recommended that the remainder $20,000 be an Allocation of Fund Balance from the
unreserved, undesignated amount in the General Fund. This is the amount as designated by the
City Council policy above and beyond the 50% - 52% of the ensuing year's budget for cash flow
purposes. The current total balance in that classification is $274,604.00 and may be designated
by the City Council for purposes it deems appropriate.
The unreserved, undesignated amounts in the General Fund are available for whatever purpose
the City Council may designate. While other projects, such as the Capital Building Maintenance
Plan and the continuation of the Capital Improvements Plan, have also been raised as possible
uses of these funds, because of the immediacy of this need and the importance of the Centennial
Park softball fields to the City's recreational programs, it is recommended the City Council use
this General Fund reserve.
Council Goals:
2. We will ensure the financial stability f the cit •
Y Y
•
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
• Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ALLOCATING FUND BALANCE IN THE GENERAL FUND
WHEREAS, unanticipated modifications must be installed at the Centennial
Park softball fields to alleviate high water level conditions causing flooding and grass kill ; and
WHEREAS, the cost of these unanticipated modifications including berm, sump
installations and landscaping is estimated at $30,000.00; and
WHEREAS, $10,000.00 may be absorbed in the existing General Fund Parks
Maintenance budget; and
WHEREAS, there is an undesignated, unreserved fund balance amount in the
General Fund of $274,604.00 as of 1 September 2011.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that an amount of up to $20,000.00 in the undesignated, unreserved
fund balance of the General Fund is hereby allocated for completion of the Centennial Park
i softball field modifications.
September 26, 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. 6e
•
COUNCIL ITEM MEMORANDUM
• DATE: September 20, 2011
TO: Curt Boganey, City Manager
FROM: Patty Hartwig, Information Technology Director '
SUBJECT: City Fiber Optic Infrastructure Expansion
Recommendation:
It is recommended that the City Council consider the approval of the Resolution allocating up to
$54,000.00 of the unreserved undesignated portion of the General Fund balance for expanding
the City Fiber Optic Infrastructure with Zayo Group and LOGIS for the routes of Xerxes Ave N
from 63 Ave N to Shingle Creek Parkway, East on 69 Ave N to Dupont Ave N and West on
69 Ave N to France Ave N.
Background:
The City has been building fiber optic infrastructure since 2003 with current "live" fiber optic
connections to City Hall, Community Center, East Fire, West Fire, Police, Public Works, Earle
Brown Heritage Center and Liquor Store #1.
• Zayo Group is a private company that assists carriers with bandwidth and building fiber optic
infrastructures. This company recently applied to the City for Right -of -Way Permits to install
conduits and fiber optic cabling for their client(s). Noting that the City may benefit from these
routes, they inquired if the City would have interest in expanding the City's fiber optic
infrastructure along these routes.
Zayo's proposed routes were reviewed and two areas would be beneficial for expanding the City _
fiber optic infrastructure (see attached). City staff received the following estimate from Zayo
Group for installing two conduits and hand holes that would be used for future installation of
fiber optic cables along these two routes:
• Route 1— Xerxes Ave N from 63 Ave N to Shingle Creek Parkway, East on 69 Ave N
to Dupont Ave N (Cost $65,500)
• Route 2 - West on 69 Ave N to France Ave N (Cost $14,500)
Total investment is $80,000, which includes a 5% project contingency.
If the contractor installs conduit for the City at the same time they install their client's conduit,
the City will realize a substantial cost savings. If the City were to undertake this project on its
own the estimated cost would be $12 per foot for the conduit and installation; working with Zayo
Group, the estimated cost of conduit and installation is reduced to an average of $4.50 per foot.
• The City iscussed this project and opportunity with LOGIS since their backup site is located in
Y P J Pp Y P
Mission; Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
the City Police building. Since these routes could provide additional redundancy to the LOGIS's •
fiber optic network, LOGIS has agreed to contribute $26,000 towards this project. Therefore the
City portion of funding is requested at $54,000.
Expanding the City's Fiber Optic Infrastructure along these two routes provides the following
benefits:
- Creates fiber optic network redundancy allowing multiple paths for the facilities of City
Hall, Police, Public Works and West Fire. This redundancy would provide protection
covering the City data, voice, and security systems.
- Creates secondary fiber optic route to the water tower on 69 Ave N and Dupont Ave N.
Establishes conduit to the water tower on 69 Ave Nand France Ave N.
- Brings network within 1/3 mile of Liquor Store #2.
- Allows the City to take advantage of the connecting the water towers, well houses and lift
stations to the City network, security and surveillance systems,,
- Allows the City opportunity to upgrade City SCADA (City's utility management system)
from radio based to fiber optic data based.
- Allows the City to expand and enhance business recovery and emergency management
by interconnecting facilities.
- Allows the City to minimize emergency expenses since redundant networks seamlessly
transfer between sites upon failures of hardware and fiber, reducing emergency vendor
and labor expenses.
Budget Issues: •
Based on review with the City's Finance Director, the following is the funding summary for this
project.
Xerxes Avenue
and 69 th Avenue East $65,500.00
Xerxes Avenue West of Shingle Creek Parkway 14,500.0
Subtotal $80,000.00
Less: LOGIS contribution $ 26.000.00
City Cost for Project $54,000.00
The $54,000.00 for the conduit project described in this report would be funded by the
unreserved undesignated portion of the General Fund balance.
The unreserved, undesignated amount in the General Fund is the amount as designated by the
City Council policy above and beyond the 50% - 52% of the ensuing year's budget for cash flow
purposes. The current total balance in that classification is $274,604.00 and may be designated
by the City Council for purposes it deems appropriate.
The unreserved, undesignated amounts in the General Fund are available for whatever purpose
the City Council may designate. While other projects, such as the Capital Building Maintenance
Plan and the continuation of the Capital Improvements Plan, have also been raised as possible
Mission: Ensuring as attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
uses of these funds, because of the immediacy of this need to realize substantial cost saving for
the conduit project, it is recommended the City Council use this General Fund reserve.
If the fiber conduit project is approved, in 2013 the City's Technology Fund and LOGIS budgets
would fund the fiber optic cable installation for these routes. The project summary and costs for
the fiber optic cable installation is estimated at $22,000.
Council Goals:
Strategic:
1. We will continue to maintain and upgrade City infrastructure improvements.
•
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
its adoption: Member introduced the following resolution and moved •
RESOLUTION NO.
RESOLUTION ALLOCATING FUNDS FOR FIBER OPTIC CONDUIT PROJECT
WHEREAS, the City has an opportunity to work with a private contractor to install
city controlled conduit for fiber optic extension; and
WHEREAS, the cost of the opportunity is advantageous because of this partnership
with the private contractor; and
WHEREAS, LOGIS has committed to participating in the project to further reduce
the City's cost; and
WHEREAS, funding is available through the unreserved undesignated fund balance
available in the General Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that up to $ 54,000.00 of the unreserved undesignated fund balance in
the General Fund be allocated to the fiber optic conduit project with Zayo Group and LOGIS. •
September 26, 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.
Fiber Optic
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City Council Agenda Item No. 8a
•
•
COUNCIL ITEM MEMORANDUM
• DATE: September 26, 2011
TO: Curt Boganey, City
+p Manager
tl � �
FROM: Vickie Schleuning, Assistant City Manager /Director of Building and Community
Standards
SUBJECT: Continued Special Assessment Hearing for Administrative Fines /Citation Costs
Recommendation:
It is recommended that the City Council consider approval of the attached resolution certifying
special assessments for administrative fines /citation costs to the Hennepin County tax rolls.
Background:
At the City Council Meeting on September 12, 2011, the City Council moved to continue the
public hearing for certifying special assessments for administrative fines /costs to Hennepin
County until September 26, 2011 for certain properties where appeals were made. Additional
information was requested for the two properties where the proposed special assessments are for
unpaid administrative fines /citations were appealed.
• As part of the property maintenance and enforcement process, property owners were given notice
to correct violations, received notice to pay the bills, and unpaid fees were processed as a
pending special assessment. The pending special assessment amounts are available to the public,
including title companies, when a property sale takes place. The administrative penalty program
provided an opportunity and process for appealing citations.
Based on staff findings, it is recommended that the special assessment costs for 1) 2318 55
Avenue North be removed and 2) 5655 Brooklyn Boulevard be certified to Hennepin County tax
rolls. Information specific to each special assessment appeal is provided in the Attachment
Summary of Appealed Properties.
Budget Issues:
The fees for these special assessments help recover City costs associated with providing a
service. Administrative fines occur where voluntary compliance is not achieved and additional
staff time is required to gain compliance.
Council Goals:
Strategic:
3. We will stabilize and improve residential neighborhoods
Ongoing:
• 1. We will provide streamlined, cost effective, quality services with limited resources
COUNCIL ITEM MEMORANDUM
Attachments: •
Summary of Appealed Properties
- Resolution
- Amended Special Assessment Certified Roll
COUNCIL ITEM MEMORANDUM
• Attachment- Summary of Appealed Properties
Property Number 1
Address: 231855 1h Ave N Owner: Helen Osonowo
Appellant's Appeal: Owner requested appeal at Council meeting without a reason.
Findings: The property is a licensed rental property. The property maintenance case was
initiated as a result of a citizen complaint. The licensed rental property had a snow removal
violation. However, in further review of this case, staff is dismissing the citations and
recommending removal of the proposed special assessments since the ordinance section cited for
the citations were issued to the owner instead of the tenant as required by the cited ordinance
section.
•
•
COUNCIL ITEM MEMORANDUM
Property Number 2
Address: 5655 Brooklyn Blvd Owner: Robert E Batta
Appellant's Appeal: Owner submitted a letter stating that he could not afford the cost and
that he had to keep the items due to the property being in probate.
Findings: The property has had 43 violations since 2000 and is considered a chronic violator.
Records indicate that Hennepin County citations were issued in the past for same and similar
types of violations. The most recent request has involved an extensive amount of junk stored
outside at the property and inoperable vehicles with expired tabs. The owner received many
verbal and written warnings, and after extensive time period without ongoing compliance,
citations were issued.
Please note that the summary of actions that follows is separated by citation and associated
City Code violation type in order to better indicate the time frame and actions pertaining to
the specific citation. Actions and time frames will overlap due to multiple violations existing
at the property. Please note that other City Code violations existed such as parking on the
grass, which was addressed through the inspection process, even though a separate citation
was not issued.
Violation Dates Action Fees
Type •
Inoperable 9/16/2010 The property was found to be in violation with an
Vehicle inoperable vehicle with expired tabs. A first
Compliance Notice was sent requesting the
violations be corrected.
9/27/2010 A phone call was received by the property owner
requesting additional time in which a one -week
extension was granted.
10/4/2010 An inspection of the property revealed no changes
in the violations at the property. A second
Compliance Notice was sent requesting the
violations be corrected.
10/14/2010 Staff called the owner and reiterated that he had
one week to correct the violations, by 10/26/2010,
or citations would be issued.
10/26/2010 The property was found to remain in violation and $125.00
an administrative citation was issued.
11/8/2010 The property was inspected and the inoperable
vehicle violation had been corrected.
12/2/2010 An inspection of the property revealed that there
was again an inoperable vehicle violation at the
property. A third Compliance Notice was sent •
requesting that the violation be corrected. (Please
COUNCIL ITEM MEMORANDUM
• note that staff was still conducting inspections to
resolve other code violations such as junk and
debris.)
12/13/2010 An inspection revealed the inoperable vehicle
violation was corrected.
2/15/2011 The property was inspected and found to have an $125.00
inoperable vehicle violation at the property. An
administrative citation was issued.
3/01/2011 An inspection noted that all inoperable vehicle
violations were corrected.
5/16/2011 An inspection of the property was conducted and $250.00
was found to have an inoperable vehicle violation.
An administrative citation was issued for repeat
violation.
6/28/2011 A follow up inspection noted that the violations
had been corrected.
Accumulation 9/16/2010 And inspection of the property noted the property
and Junk, etc. to be in violations with items stored outside on the
property such as tires, junk and debris. A
Compliance Notice was sent requesting the
violations be corrected.
9/27/2010 A phone call was received from the property
owner requesting additional time and a one -week
extension was granted.
10/4/2010 An inspection of the property revealed no changes
in the, violations at the property. A second
Compliance Notice was sent requesting the
violations be corrected.
10/14/2010 Owner was called and told he had one week to
correct the violations by 10/26/2010 or citations
would be issued.
10/26/2010 The property was found to remain in violation and $125.00
an administrative citation was issued. (Previously
assessed)
11/0/2010 An inspection was conducted and the property $250.00
was found to be in violations with miscellaneous (Previously
items outside. An administrative citation was assessed)
issued for repeat violation.
12/2/2010 An inspection noted some progress but numerous
items remained outside. An addition Compliance
Notice was sent.
•
COUNCIL ITEM MEMORANDUM
12/14/2010 An inspection of the property noted that many $500.00
items remained stored outside at the property in. (Previously
violation of City Ordinances. An administrative assessed)
citation was issued.
12/27/2010 The inspector spoke to the owner who stated that
he would have the property cleaned up by the end
of the weekend.
1/12/2011 An inspection of the property noted that many $1,000.00
items remained outside at the property. An (Previously
administrative citation was issued. assessed)
1/24/2011 A phone call was received from the owner who
stated that he is doing everything he can to move
the freezer, but he needed more people to help.
2/1/2011 The inspector called the owner and he was given
information about the remaining items that needed
to be cleaned up.
2/7/2011 The owner called and stated that he would have
everything cleaned up in one week.
2/14/2011 A special assessment hearing was held and
$1,875.00 was specially assessed.
3/1/2011 The property mostly in compliance with some •
items that were covered in snow.
3/29/2011 The owner was called and given a verbal warning
relating to the violations at the property.
4/4/2011 The property was inspected and extensive amount $2,000.00
of items remained in the backyard of the property.
An administrative citation was issued.
4/1/2011 The inspector met with the owner and walked
through the property and discussed everything that
needed to be corrected.
4/13/2011 The inspector met with the owner and walked
through the property and gave the owner one
week to clean up the property.
5/25/2011 A phone call was received from the property
owner and the violations were discussed. The
owner had made some progress.
6/6/2011 A phone call occurred with the property owner
and the violations were discussed, with some
progress being made. •
COUNCIL ITEM MEMORANDUM
6/14/2011 A phone call occurred with the property owner
and the violations were discussed. Some progress
was made. The owner was given two weeks to
finish the work at the property. .
6/28/2011 A follow up inspection noted that the violations
had been corrected.
9/12/2011 The property owner submitted a letter and
appealed to council relating to the special
assessment of $2,500.00. This included all
inoperable vehicle citations and the last citation
for the junk.
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Member introduced the following esolution and moves its adoption:
•
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RESOLUTION NO.
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR
ADMINISTRATIVE FINES /CITATION COSTS TO THE HENNEPIN
COUNTY TAX ROLLS
WHEREAS, the City of Brooklyn Center has caused Administrative
Fines /Citation costs for certain properties within the City during 2010 and 2011 under the
authority of City Ordinance Section 18 -204 and Minnesota Statutes, Section 429; and
WHEREAS, on September 26, 2011, certain Administrative Fines /Citation costs
remained unpaid; and
WHEREAS, an assessment roll for unpaid accounts from 2011, a copy of which
is attached hereto and made part hereof by reference, has been prepared by the City Clerk,
tabulating those properties where Administrative Fines /Citation costs are to be assessed to each
property; and
WHEREAS, City Ordinance Section 18 -210 and Minnesota State Statute
authorizes the certification of certain delinquent Administrative Fines /Citation accounts to the •
County tax rolls for collection; and
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and heard and passed upon all objections to the proposed assessment for Administrative
Fines /Citation costs.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. The special assessment roll of Administrative Fines /Citation costs incurred
during the year 2011 is hereby adopted and certified as Levy No. 17881.
2. The special assessments as adopted and confirmed shall be payable with ad
valorem taxes in 2012, in one annual installment with interest thereon at six
(6) percent per annum and shall bear interest on the entire assessment from
October 1, 2011 through December 31, 2012.
3. The owner of any property so assessed may at any time prior to the
certification of the assessment to the County Auditor pay the whole of the
assessment, to the City Treasurer, without interest, if the entire assessment is
paid on or before October 12, 2011. After October 12, 2011 he or she may
pay the total special assessment, plus interest. Interest will accumulate from •
October 13, 2011 through the date of payment. Such payment must be made
• by the close of business November 29, 2011 or interest will be charged
through December 31 of the succeeding year.
4. The City Clerk shall forthwith transmit a certified duplication of this
assessment to the County Auditor to be extended on the proper tax lists of the
county and such assessments shall be collected and paid over in the same
manner as other municipal taxes.
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:
Whereon said resolution was declared duly passed and adopted.
•
Amended Special Assessment Certified Roll
2011 Administrative Fine /Citation
Printed September 19, 2011
Municipal Code No. 22
Levy No. Owner Name Property Address Property ID Pending Capital Special Total
Amount Interest Assessment Amount
Char e Charge Certified
17881 Robert F Batta 5655 Brooklyn Blvd 03- 118 -21 -42 -0017 $2,500.00 $10.00 $30.00 $2 Certified
9/26/2011
SPECIAL ASSESSM E
HEARING APPEAL
CONTINUED FROM SEPTEMBER 12,2011 PUBLIC HEARIN
Brooklyn Center Presented by:
City Council Meeting Vickie Schleuning,Assista
September 26,aon Building and Com
Assessment Appeal Summar
o On September 12, 2011, a public hearing for special
assessments was held.
• Special assessments are a method to recover some of the city
costs to perform a certain service as provided by law.
o As part of the public hearing,two property owners
appealed their special assessment
• At public hearing or by written appeal.
o Per Council request, a report containing information
relating to each property assessment has been produced.
o Information specific to these appeals and a brief summary
of each case is provided in the Council report.
1
9/26/2011
Assessment Appeal Sum mar
• Both appeals are related to administrative citations where
city code violations occurred and voluntary compliance
was not achieved.
• The general process describing issuance of citations for
property maintenance regulations is:
• Property owners receive Compliance Notices,and
• Failed to correct violations,therefore
• Received administrative citations,and
• Did not appeal citations through the administrative citation
appeals process.
• In cases where property owners receive citations,and citations
are unpaid,they are scheduled for special assessment.
• Most property owners bring their property into com
with City codes after receiving a first notice.
231855th Ave N
o Appeal Basis: Owner requested appeal at Council
meeting without a reason
o Findings:
• The property is a licensed rental property.
• The licensed rental property had a snow removal
violation.
• However, in further review of this case, staff is dismissing
the citations and recommending removal of the proposed
special assessments
o Citations were issued to the owner instead of the tenant
as required by the cited ordinance section.
• This case was initiated as a result of multiple complaints
with unique circumstances.
2
s
9/26/2011
5655 Brooklyn Blvd
o Appeal Basis: Owner submitted a letter stating that he
could not afford the cost and that he had to keep the item
due to the property being in probate.
o Findings:
• The property has had 43 violations since 2000 and is considered
a chronic violator.
• Records indicate that Hennepin County citations were issued in
the past for same and similar types of violations.
• The most recent request has involved an extensive amount of
junk stored outside at the property and inoperable vehicles with
expired tabs.
• The owner received many verbal and written warnings,
extensive time period without ongoing compliance
issued.
5655 Brooklyn Blvd (continued)
• Please note that the summary of actions that
follows is separated by specific citation and
associated City Code violation type in order to
better indicate the time frame and actions
pertaining to the specific citation.
• Actions and time frames will overlap due to
multiple violations existing at the property.
• Please note that other City Code violations
existed such as arkin the grass, which
p 9 on 9
were addressed through the inspection
process, even though separate citations we
not issued.
3
9/26/2011
5655 Brooklyn Blvd (continued)
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carre- fhe ylofatOns by tgl� O #a2 tataf�ons w�I�f Ge '
issued
ILI
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ole#wnadb ncarreed erieuehict i �
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5655 Brooklyn Blvd (continued)
g"°
K`` w Q2ll5124k1 rne,pcopertya trope edartdiounafQhatieart5
moperabl ,enkreiofat�enattfr priyn
ariminisfraffvecitatior was issued
MIND
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faundfohaveanirooiebleveh�cfevictlatloo;Arr
r � atlm[rlistr�i csav n,wag Issued far repea x rafat�or
ISO mm" I Mal
4
9/26/2011
5655 Brooklyn Blvd (continued)
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-.wa n a� ., •• �3. -
�' X9/2712010 . A phone call was recewed from th8 property owner �
reque tiro atJditwnst bm end a csne iveefc extensK�n 7
r a d li a
At
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IOf14/2010 0wfnar"s called and fo f4lied one week to rotted
1h ulotations by 10126f200or c fatEOnscnroutd be
issued.
111t710" An'inspection waseoriductetlan til @p[opert
1`L0 ywas� 3250. 7
fo ind to be in violation w+th rnisoeha ixs,terns reuio�rsly
� outside,Anadministrattvecdafiottwas issu'e4dforrepeat ssessedi..2
106 at
WL
5655 Brooklyn Blvd (continued)
1"2f14/201Uc Tnspe'ction of the props oted3tat many itins0 00
x remained stored outsidsat the�ope[ty thi iolaf7o�4f 1f'rautously x
+� � GYyOrdinances An admirustratEcitat�onwas ��sgasedi `�
�y issued .:
w „It la"M I
01112120[1 An inspectron of the proper notes]tit many i€eiris
reriiaid outside of the i4 dy,qTr edmF s ratrve 00
pe fiously
citation was issued assessed
}
0210112011 theinspectortailedthedera
rid tlewasbran
inhumation about the rem intng atema that need to
3�a Geaned up,
5
9/26/2011
5655 Brooklyn Blvd (continued)
�19J14/2611, Aspeoia[�ssessrhe�f�barwttgw�shetdar� �.
$�8754o(3was specistty ssesad
jgg
t H S zi d 9 7
z '��/29Y3g11 • Thern�metwas ca[[ed and gwe�s vetbalwaming ��
g Lathe tlo�ati at the pr9PettY U
that needed to be correc#ed.
5655 Brooklyn Blvd (continued)
( � a
r 65125201-f4pFwneCa4iwasteeeirecifrsxntharopedy
_ � � 4wrter ar9ci e-vwtat re d�BCUssed The
06�:,; ��rr�±nner hatl rrtade sorne,�rogress.
_P"14r 11
phone cent occurred w th tierbdy owner M
andiheu�otatwnswerdiscusa Sow
p*opresswas made The owner was gi fen two ;
ail
eks to finish the work'.Ht proP$rrY
09!12/2691 h operty owner u6rtted tet[era r;
app gledtopouru�lfaEr[ tatk�especraT , �` '"
�sse"ssme��f�YSt Ttusintllt?tle� s'���`
ino ra9 iteY§htt�tecrtaffo7rsarx32helasteitattst�
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fm the tank.
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9/26/2011
5655 Brooklyn Blvd Photos
5655 Brooklyn Blvd Photos
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7
i
9/26/2011
5655 Brooklyn Blvd Photos
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5655 Brooklyn Blvd Photos
9/26/2011
5655 Brooklyn Blvd Photos
I
5655 Brooklyn Blvd Photos
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9
9/26/2011
5655 Brooklyn Blvd Photos
5655 Brooklyn Blvd Photos
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10
9/26/2011
5655 Brooklyn Blvd Photos
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5655 Brooklyn Blvd Photos
11
9/26/2011
5655 Brooklyn Blvd Photos
X a,
Questions?
Thank you
12
City Council Agenda Item No. 10a
COUNCIL ITEM MEMORANDUM
• DATE: September 19, 2011
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk S�N�Ww
SUBJECT: Mayoral Appointment of Member to Serve on Financial Commission
Recommendation:
It is recommended that the City Council consider ratification of the Mayoral appointment of
Anissa Hollingshead, 3224 62nd Avenue North, to the Financial Commission with term to expire
December 31, 2013.
Background:
The Financial Commission is composed of a chairperson and six members. There is one vacancy
on the commission.
Notice of vacancy on the commission was posted at City Hall and Community Center and on the
City's website and aired on Cable Channel 16 from July 26, to August 25, 2011. Announcement
was made in. the August 4, 2011, Brooklyn Center Sun - Post. A letter was sent to those persons
who previously had submitted an application for appointment to a Brooklyn Center advisory
commission informing them of the vacancy and requesting that they call the City Clerk if they
are interested in applying for the commission. They were given the choice of either submitting a
• new application or having their application previously submitted considered. Notices were also
sent to current advisory commission members.
Copies of the applications received were forwarded to City Council Members in the August 26,
2011, update. Attached for City Council Members only are copies of the applications received:
Allan Hancock 5520 Fremont Avenue North
Anissa Hollingshead 3224 62nd Avenue North
Applicants were notified that their application for appointment would be considered at the
September 26, 2011, City Council meeting
Mayor Willson recommends appointment of Anissa Hollingshead.
As previously requested by the City Council, the City Advisory Commission Bylaws are not
included in the materials but can be found on the City's website at
www.cityofbrooklyncenter.or . The membership roster is also available at this site and in the
City Council Reference Book.
Budget Issues:
There are no budget issues to consider.
•
Mission: Ensuring an attractive, clean, safe, community that enhances the quality of fife and preserves the public trust
City of Brooklyn Center
Financial Commission
Geographical Distribution
(Chairperson and Six Members)
Current Members
September 19, 2011
Neighborhoods Pl— Current Members
Southeast Allan Hancock Dan Schueller
Northeast Koffi A gboss ou
Northwest Steve Landis
West Central Dean Van Der Werf
Central Anissa Hollingshead Rex Newman .
Teneshia Plunkett
Southwest
One vacancy.
•
•
Ci ty g Council Agenda Item No. 10b
•
•
COUNCIL ITEM MEMORANDUM
• DATE: September 26, 2011
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City ClerkJW4k40AT4"'
SUBJECT: Type IV 6 -Month Provisional Rental License for 5349 Sailor Lane
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 5349 Sailor Lane. 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 25 property code violations found during the initial rental
license inspection and three validated police incidents /nuisance calls for the past 12 months.
Staff from Administration, Building & Community Standards and Police Departments worked
with the property owner regarding a mitigation plan, which requires Phase I, II and III of the
• Crime Free Housing Program, and other items included by City ordinance for a Type IV License.
A Mitigation Plan has been developed addressing the requirements of the ordinance and any
issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental
License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the
Mitigation Plan for more information.
The following is a brief history of the license process actions:
01 -28 -11 Pavel Sakurets applied for renewal of the rental dwelling license for 5349 Sailor
Lane, a single - family residential property.
03 -29 -11 An initial rental inspection was conducted. (25 orders cited, see attached rental
criteria)
03 -30 -11 The owner called to reschedule second inspection to May 3, 2011.
05 -03 -11 The owner was not on site for inspection. The tenant was given a copy of
correction orders indicating violations remained.
06 -10 -11 Staff responded to a complaint about junk on the property. The owner was given
a warning and reminded about his scheduled inspection and that his license had
expired 04- 30 -11.
06 -22 -11 A reinspection was conducted and failed. Reinspection fees were charged to the
property owner.
07 -14 -11 The reinspection fees were paid.
07 -15 -11 A reinspection was conducted and passed.
. 08 -02 -11 Records indicate three validated police nuisance calls were reported within the
past year. (Disturbance 02/12/11; Fight 05/21/11; Disturbance 05/29/11)
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
08 -02 -11 A reminder letter was sent to the owner regarding rental license requirements. •
08 -22 -11 A second reminder letter was sent to the owner regarding rental license
requirements.
08 -31 -11 The mitigation plan was received.
09 -03 -11 The mitigation plan was approved.
If approved, a new rental license will be required. The license process will begin immediately.
The new license will be based on the property code violations found during the initial renewal
license inspection and the number of validated police calls for services for disorderly activities
and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met.
Excerpt from Chapter 12 of Citv Code of Ordinances:
Section 12 -913. TYPE IV PROVISIONAL LICENSES
1. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code 'violations as described in Section 12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review •
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for
a Type I, 11, 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. •
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
5. Compliance with
p 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.
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.
•
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
• At least 25% of units, to include a minimum of 12 units, will be inspected for •
properties with 16 or more units.
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 75. , .. k -
Type II — 2 Year 1 -2 units Greater than 1 but not more than 4
3 amts ,Greeter than O'75'butnot,more than 1 .
Type III —1 Year 1 -2 units Greater than 4 but not more than 8
3 +units Greater,than 1, 5 bunat morethan'3_ _
Type IV — 6 Months 1 -2 units Greater than 8
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
5 or more units 0 -0.35
Decrease 1 1 -2 Greater than 1 but not more than 3
Category 3 4 Gumts Greaterthan 0 25 but not anore than
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1 -2 Greater than 3
Categories i4141, untts
5 or more units Greater than 0.50
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
• Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
We will ensure a safe and secure community
We will stabilize and improve residential neighborhoods
Attachment
- Mitigation Plan
•
•
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
City of Brooklyn Center Phone: 763-569-3.700
6301 Shingle Creek Parkway TTY /Voice 711
Brooklyn Center, MN 55430 -2199 Far• 763- 569 -3494
L1 a
Rental License Mitigation Plan (Type IV License)
r Handwritten plans will not be accepted Please type or use rdlable fbrm on City website
P� dream - x
pet`
f t' s kY J.�� 4�11� qL�, .'{ :i'" �-t °''"?�"`� ' •s. ' r...
. C_:+^ «5 ' „#.,mow ..�-._ ....�� - t•r.... <�u. M"x�`..,. ... -C:_ .7a.s',S'
�'r aiv
" pt,yj
�'„ •$ h�l'Bt?tr P�! � $ t S^�j �' ",� , t'809a�et }l�Itfn�,i1N5�k343 a
I!•^ ,gn �� Fe}#q ,,,Y d. �.'• "i. ,E { , � . ! 4,;
The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be
completed and reviewed by City staff before the rental license application can be considered for
approval by City Council. A Mitigation Plan should indicate the steps being taken to correct
identified violations and the measures that will be taken to ensure ongoing compliance with City
Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property
concerns an en2X possible solutions to improve the overall conditions of the ro
Submit the following documents with the Mitigation Plan for approval:
1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include •
scheduled date in Section B.
F - 7 - 1 2 . Copy of Lease including Minnesota Crime Free Housing Lease Addendum
3. Submit written o `
ntten re rt b 10 of each month after license approval).
P y h ( PP . )
. ...a,.... ... .. ..rte- . �vn
Phase I
1. Use written lease including Crime Free Housing Lease Addendum.
2. Conduct criminal background check for all prospective tenants. Provide documentation to City if
requested.
3. Pursue the eviction of tenants who violate the terms of the lease or any addendums.
4. Attend City approved eight hour Crime Free Housing course.
Date Course Completed: Date Course Scheduled: 9/14/2011
Phase II
Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Department.
Date Scheduled: 8/29/2011 Improvements to be completed by:
Page 1 f Type IV Mitigation Plan 4 -11
•
i
Phase III
I will attend a minimum of 50% of the ARM meetings (two).
I will attend the ARM meetings scheduled for: 0910812011 & 11/10/2011
I will have no repeat code violations previously documented within the past year.
For properties with four or more units:
=1 will conduct resident training annually that includes crime prevention techniques.
=I will bold regular resident meetings.
Date Last Replaced Future
Replacement Date
Furnace /AC 911/2020
Water Heater 9/1/2020
Kitchen Appliances 9/1/2020
Laundry Appliances 9/112020
Exterior 9/1/2020
Paint/Siding 7n/2-11 911 12020
- Windows _ 911/ 2020
-Roof 9/1/2020
-Fence 9/1/2020 .
-Shed 7/1/2011 9/1/2020
- Garage 9/12020
- Driveway 9!1!2020
- Sidewalks 9/10
Smoke Alarms & Carbon Monoxide Alarms
Other:
Implementing the - following best practices may assist in the management of your property.
By checking the boxes below, you agree to:
Check in with tenants every 30 days.
Drive by property to check for violations twice a month.
Evict tenants in violation of the lease and all addendums.
✓ Provide lawn/snow service.
✓ Provide garbage service.
Install security system.
ovide maintenance service plan for appliances. Name of service company: Center Point Energy
I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other
financial claims due to the City.
Other:
If the Type IV Rental License is approved by the City Council, the Licensee must comply with the
approved Mitigation Plan and all applicable city codes. No later than the 10 of each calendar
month, the licensee must submit to the Building and Community Standards Department a written
report describing all steps taken to comply with the Mitigation Plan.
I verify that all information provided above is true and accurate. I understand that if I do not comply
Page 2 Type IV Mitigation Plan 4 -11
i
with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or
license review may result.
Vadim Komisarchik/ Property Manager
Owner or Agent Name and Title (Please Print)
Owner or Agent Signature ate
Additional Owner or Agent Name and Title (Please Print) (f applicable)
Additional Owner or Agent Signature (f applicable) Date
AEn,--v, (�J S ?b 114
'Police Department J Title Oate
Building & mmunity Standards Department J Title Date •
Page 3 Type iv Mitigation Plan 4 -11
•
i
City Council Agenda Item No. 10c
COUNCIL ITEM MEMORANDUM
. DATE: September 26, 2011
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Type III One Year Rental License for 5308 Lilac Drive N
Recommendation:
It is recommended that the City Council consider approval of the resolution and issuance of a
Type III One Year Rental License for 5308 Lilac Drive 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:
The property owner is applying for a renewal rental license. However, the property owner failed
to meet conditions of the Type III license, specifically attending the required number of
Association of Responsible Management (ARM) meetings and completion of Phase II of the
Crime Free Housing Program.
The property owner received a Type III Rental License on November 11 2010 on condition of
• p
adherence to the city codes and the Action Plan. According to City ordinances, if the
requirements of the license category and the Action Plan are not met, the license renewal
category remains a Type III.
City Ordinance Section 12 -901.2 requires a licensee of a Type III 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 overall condition of the rental property was improved from the prior inspection and would
have resulted in a Type I license category. Further, the property owner applied for the renewal
license and completed the license process before the license expiration date. However, certain
license category requirements were not met, therefore according to City ordinances, the property
qualifies for a Type III license.
The following is a brief history of the license process actions:
Current rental license approval activities
06 -28 -11 A rental license application was received.
07 -12 -11 An inspection was conducted in which one violation was noted.
08 -11 -11 A reinspection was conducted and passed.
• 08 -11 -11 Records indicate that zero validated police nuisance calls were reported.
09 -20 -11 A citation was issued for failure to comply with Type III license requirements.
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Prior Type III license approval activities:
06 -20 -10 Paul Baird applied for a renewal of the rental dwelling license for 5308 Lilac
Drive a single - family residential property.
07 -30 -10 An initial rental inspection was conducted. (Eight orders cited, see attached rental
criteria).
09 -14 -10 A second rental inspection was conducted and passed.
10 -11 -10 A Type III rental license was issued.
10 -12 -10 A letter was sent stating an action plan must be submitted.
11 -10 -10 Another reminder letter was sent stating an action plan must be submitted.
12 -08 -10 A citation was issued for failure to submit action plan.
01 -12 -11 An Action Plan was received.
01 -20 -11 An Action Plan was approved.
02 -28 -11 Crime Free Housing Program Phase I and assessment was approved.
09 -30 -11 License expiration date.
If approved, after one year, a new rental license will be required. The license process will begin
in approximately nine 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 Action
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 Chanter 12 of City Code of Ordinances:
Section 12 -914. CRIME FREE HOUSING PROGRAM. For the purpose of this
Chapter, the Crime Free Housing Program shall mean the nationally recognized program, unless
otherwise indicated. The phases of the program include, but are not limited to, the conditions
set forth below.
1. Phase I. For license categories other than Type I, an owner, manager, or local
agent responsible for the operation of the rental property must complete the Phase
I training of the Crime Free Housing Program or a similar course approved by the
City Manager. Certification as a rental property manager may also satisfy this
requirement. Phase I includes the following:
a. Attend an eight -hour crime -free housing course presented by police, fire,
public housing and others.
b. Use a written lease including the Minnesota Crime Free Housing Lease
Addendum.
C. Check the criminal background of all prospective tenants and, upon
request, provide a copy of Third Party Background Check procedures for
Tenants.
• d. Actively pursue the eviction of tenants who violate the terms of the lease
and/or the Crime Free Lease Addendum.
2. Phase II. Includes Phase I plus the following:
a. Complete a Security Assessment and complete the security improvements
recommended. This phase will certify that the rental property has met the
security requirements for the tenant's safety.
b. Attend a minimum of 25 percent of Owners/Managers Association
Meetings.
3. Phase III. Includes Phases I and II plus the following:
a. For properties with more than four units, conduct resident training
annually for the residents where crime watch and crime prevention
techniques are discussed.
b. For properties with more than four units, hold regular resident meetings.
C. Attend a minimum of 50 percent of Owners/Managers Association
Meetings.
. d. Have no City Code violations that were not resolved in accordance with
compliance orders within the past year.
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Section 12- 1201B. ACTION PLAN. The Compliance Official may require an action
plan to be completed by the licensee, manager, or local agent in a designated time frame that
indicates the steps taken to correct identified violations and the measures to be taken to ensure
ongoing compliance with City Ordinances and applicable Codes.
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 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
Type II — 2 Year 1 -2 units Greater than 1 but not more than 4
ME 1Greater than `� 7� but no *t mt�re Shari 1, SA
Type III —1 Year 1 -2 units Greater than 4 but not more than 8
3+ units ri GGreater than 5 but knot "moren3 -
Type IV — 6 Months 1 -2 units Greater than 8
amts Greaerthan'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
r 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 1A
Impact
_ 7 4W ` _ 0, =0 25_
h u
5 or more units 0 -0.35 _
Decrease 1 1 -2 Greater than 1 but not more than 3
Category 3 4 umts.Fr = Greater _than U.25 1u1 xiottnore thanl �' .,
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: han 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 Action Plan Pertaining to 10 -11 -10 Type III Rental License Approval
- Resolution Approving a Type III Rental License for 5308 Lilac Drive N
•
Mission: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust
•
City of Brooklyn Center 1°honc. 569 -: 300
6301 Shingle Creek Parkway VVIVn ee 7,11
m7 Brooklyn Center, MN 5S430-2199 Au 763 -569 -. 494
ism -�� ��'tyvt'�z��+n3+1,Y�znter;r�f
RentW Line Action Plan (Type III License)
Hantltvrilfen plans will not tie atrc pled Please type or use fillable farm on City websb
Property Address; 53018 lilac drive north
Owner Name: Paul John laird Local Agent: saute
Owner Address: Agent Address:
14015 laurel road, mtka. mn 55305 same
Owner Phone; 612- 9W5306 Agent Phone: Some
Owner Email: show9laze@aol,com Agent Email: same
The above referenced property qualifies for a Type [II Mental License. An Action Plan roust be
completed and reviewed by City staff'.An Action Flan alloivs the owner and the City to review
tonce sand identify possible solutions to improve overall conditions of property.
CtlOII r 111i't6+C#1t1E'It9
Submit the following documents %ith the Action Plan for approval: •
1. Crime Free Housing Program Training Certificate
2, Copy of Lease including lvf nnesota Crime Free Housing Lease Addendum
3. Signed & Completed Action Plan
4. Security Assessment Report (Performed by the Brooklyn Center Police Department)
�etion = arlleire ! o Mml uire Men
ts.
Phase I
1. U writt lease including Crime Free Housing Lease Addendum,
2. Conduct criminal background check for all prospective tenants, provide documentation to
City if requested.
3. Pursue the eviction of tenants who violate the terns of the lease or any addendums:
4. Attend City approved eight hour Crime Free Mousing course.
Date Course Completed: Bate Cowse Scheduled. _ (00212011
P 11
Phase
I will attend a minimum of 25% of the ARM meetings (two).
t I -will attend the ARM meetings scheduled for, 0 t aott C� 3 t 1 1 ,
Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Departrnent.
Date Completed: improvements to be completed by:
Page I Type M.Action Plan 9 -10 •
Date t Replaced Future Rep laceinen
_ Dale
Furnace/AC _.. I1► 0511 5/2025
Mater Heatr
Kitchen appliances _
[1814 9 /1899 08 11512024
11 / 1 9/2006 1 1 11912030
Lamy Appliances 1111912 1111 03
Exterior
-Paint/ Siding /371 , 5t 07 /O 202 - Windows 06/09'1990 02/1
-Roof _
1010W�08 1t11���8
-Fence _
06/051199
age 01►a It[1518
- Driveway
0511061990 _- 051t�W0 !
-Sidewalks -
Smoke Alarms & Carbon Monoxide Alar ns 09 13=0 10 019/3 /2025 -
Other.
Si
•
[IM bins ewe +rein
Ilnplenreatiti a f+ llcvrin best pr actices may assist in the management of ynrur propaV.
By checking Ike bores l ,you avve fD;
Check in with tenants evM 30 days.
Drive by property to check for v i o l a ti ons .
Eviet tee in violation Of The lease and all addendums.
Provide lawn/snow service,
Provide garb service.
Install secnty system.
Provide maintenance service plan for appliances.
Name of service company;
Other:
Plea attacli additional information if necessary,
Ifthe Tyke III Rental License is approved by the City Council, the Licensee east comply with the
approved Action Plan and all applicable city codes. An Action Plan may requested outside of the
license review process to establish a plan for long tetm p ro p er t y management solutions.
f verily that all information provided above is true and accurate. I understand that if d0 net comply
nth an approved Action] Plan, enforcern€entact ins such as citation, formal complaint or license
.eview may result:
a 7,9 •
� = A S ent Signa t I Title Date
additional Owner or Agent Signatwe ! Titla Date
(�f appdi ble) ,
6
cc Department / Title Date
Building & Community Standards Department ! Title Date
•
•
Page 3 Type III Action Plan 9-10
• Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING A TYPE III RENTAL LICENSE FOR 5308
LILAC DR N
WHEREAS, City Ordinance Sections 12 -900 to 12 -916 set forth requirements for
licensed rental properties; and
WHEREAS, the property located at 5308 Lilac Dr, was issued a Type III Rental
license on 10- 11 -10; and
WHEREAS, City Ordinance Section 12 -901.2 requires a property owner who
receives a Type III Rental License to complete Phase I and II of the Crime Free Housing
Program; and
WHEREAS, City Ordinance Section 12- 914.2.b establishes the requirement for
an owner of a Type III 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
complete Crime Prevention Through Environmental Design Requirements; and
WHEREAS, the property owner of 5308 Lilac Dr, Brooklyn Center failed to
attend the required ARM meetings and Phase II of the Crime Free Housing Program; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that a TYPE III Rental License is hereby approved for the property
at 5308 Lilac Dr, Brooklyn Center, Minnesota.
September 26, 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. 10d
•
•
COUNCIL ITEM MEMORANDUM
• DATE: September 19, 2011
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business & Development
SUBJECT: An Ordinance Relating to the Regulation of Signs; Amending Brooklyn Center
City Code, Sections 34 -110 and 34 -140, and Adding New Section 34 -211
Recommendation:
It is recommended that the City Council consider approval of first reading of An Ordinance
Relating to the Regulation of Signs; Amending Brooklyn Center City Code, Sections 34 -110 and
34 -140; Adding New Section 34 -21 and setting the second reading and Public Hearing for
October 10, 2011.
Background:
On August 8, 2011, the City Council discussed a proposal by the Brooklyn Center School
District in conjunction with Mentoring Peace Through Art to paint an anti - graffiti art mural on
approximately 1400 linear feet of the interior face of the MnDOT Sound Wall adjacent to the
Earle Brown Elementar y School and Grandview Park.
The Council discussed the provisions of the existing sign ordinance; the concepts provided for
this art mural project; MnDOTs request for a City Council resolution approving the School
District's permit application, MnDOTs requirement that the School District accept the future
maintenance responsibilities of the art mural, including any future graffiti cleanup, potential
issues associated with the First Amendment (freedom of speech), and amending the sign
ordinance to allow public art in the public spaces.
The consensus of the Council was to continue consideration to allow the City Attorney to review
the City's Ordinances and offer an opinion on the Public Art Proposal.
On August 22, 2011, the City Council reviewed the City Attorney's memorandum which
indicated that if the City Council feels that it is in the public interest to allow murals to be
displayed as public artwork, an amendment to the Sign Ordinance could be created which would
make an exception only for public art murals prepared, created, and maintained by a public
entity.
The City Council noted the current request is for a mural (public art) on the freeway sound wall
by the Earle Brown School and all students would participate in its painting, which would
improve the image of the City, create pride for students, parents, and grandparents, and be
considered "art" not "signage."
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
The consensus of the City Council was to support the pending mural request and direct the •
preparation of a draft ordinance amendment that includes the provisions as recommended by the
City Attorney and a distance requirement from residentially zoned properties.
Amendment of the Sign ordinance to Allow Public Art:
The ordinance amendment drafted by the City Attorney proposes the following changes to
Chapter 34, the City's Sign Ordinance:
• The definition of a sign has been expanded to include any mural, writing, pictorial
presentation, number, illustration, decoration, and flag.
• The permitted signs not requiring a permit have been expanded to include:
1. The sign must be approved, established, and maintained by the state or federal
government or their agencies, the City of Brooklyn Center, a public school district,
Hennepin County or Three River Park District.
2. The sign must be located entirely on the property of the state or federal government
or their agencies, the City of Brooklyn Center, a public school district, Hennepin
County or Three River Park District.
3. The sign must not be visible from a property within 150 feet of the sign that is zoned
for residential use.
• A new section has been added relating to sign maintenance which requires that signs be •
kept in good repair and free from faded or peeling paint; rust; damage or rotted supports,
framework, or other materials; broken or missing faces or missing letters.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Ongoing:
1. 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
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of , 2011, '
at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to signs
in the City.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 763 -569 -3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO THE REGULATION OF
SIGNS; AMENDING BROOKLYN CENTER CITY CODE,
SECTIONS 34 -110 and 34 -140, AND ADDING NEW SECTION
34 -211
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Brooklyn Center City Code, Section 34 -110, DEFINITIONS, is amended by
amending the definition of the term "Sign" as follows:
Sign — Any publicly displayed message - bearing device for visual communication or any
attention attracting device that is used ply for the purpose of bringing the subject thereof to
the attention of the public includin but not limited to. any mural. writing. pictorial presentation.
number, illustration, decoration, flag, banner, pennant, symbol, valance or similar display.
Section 2. Brooklyn Center City Code, Section 34 -140, PERMITTED SIGNS, paragraph 2,
Permitted Signs Not Requiring a Permit is amended by adding new paragraph p. as follows:
p. Signs that are works of public art as follows:
1 The sign must be approved established and maintained by the state or federal
government or their agencies, the City of Brooklyn Center, a public school,
district. Hennepin County or Three Rivers Park District.
2 The sign must be located entirely on the property of the state 'or federal
government or their agencies, the City of Brooklyn Center, a public school
district, Hennepin County or Three Rivers Park District.
3 The sign must not be visible from a property within 150 feet of the sign that is ,
zoned for residential use
Section 3. Brooklyn Center City Code is amended by adding new section 34 -211 as follows:
39142842 CLL BR291 -4 1
Section 34 -211 MAINTENANCE All signs shall be kept in good repair and free from •
faded or peeling paint rust damaged or rotted supports framework or other material broken or
missing faces or missing letters Any structure from which a sign has been moved or removed
shall be repaired with materials and/or painted or stained to match the existing background.
Section 4. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
[Double underlined material is new. Stfieke material is deleted.]
Adopted this day of , 2011.
Tim Willson, Mayor
ATTEST:
Sharon Knutson, City Clerk
Date of Publication:
Effective Date:
•
391428v2 CLL BP291 -4 2
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
September 26, 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 5455 Brooklyn Boulevard as Part of the Reimaging of
Brooklyn Boulevard Corridor
PENDING LIST FOR FUTURE WORK SESSIONS
Later /Ongoing
1. National League of Cities Service Line Program
2. Progress Reports on Achievement of Strategic Goals
3. School District Discussions/BC Strategic Plan Report
4. Sister City Update
5. Active Living Program
• 6. Annual Department Year End Reports
7. Garbage Hauler Organized Collection Update — October
8. Youth Participation Request — October
9. Neighborhood Designations — December
10. Highway 252 Update — 2012
11. Administrative Fines Update — October
•
Work Session Agenda Item No. I
•
MEMORANDUM - COUNCIL WORK SESSION
• DATE: September 20 2011
p ,
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development
SUBJECT: Opportunity to acquire 5455 Brooklyn Boulevard as part of the reimaging of
Brooklyn Boulevard Corridor.
Recommendation:
It is recommended that the City Council consider providing direction to staff regarding the
potential acquisition of 5455 Brooklyn Boulevard as part of the reimaging of the Brooklyn
Boulevard Corridor and the entrance to the Northport Elementary School.
Background:
5455 Brooklyn Boulevard is a large corner lot (20,803 sq.ft. in area) located in the Northwest
quadrant of the intersection of 55 Avenue and Brooklyn Boulevard. This lot has 145' of
frontage on Brooklyn Boulevard (service road) and 150' of frontage on the entrance drive which
serves the Northport Elementary School and Northport Clinic. The rear yard adjoins the parking
lot of the Northport Elementary.
• The property is a highly visible site, given that the 55 Ave. signalized intersection with
Brooklyn Boulevard is the only access point along Brooklyn Boulevard for the Twin Lakes and
Northport neighborhoods, Northport Elementary School, Northport Clinic, and Northport
Community Park.
City Staff has had discussions with the School District regarding potential site improvements to
the Northport Elementary School as part of their major building renovations that could include
an expansion of their parking lot, improvements for student drop off and pick up by parents,
improvements for bus loading and unloading, and other improvements that would complement
the school and city park.
Additionally, staff has had discussions on the potential expansion/reconstruction of the Northport
Clic.
The adjoining property at 5459 Brooklyn Boulevard was a foreclosed and vacant property
acquired by GMHC for $80,000 through the First Look Program and is pending consideration of
either being acquired by the City under the Remove and Rebuild program or as a potential rehab
project for resale to an owner occupant.
Proposed Acquisition:
The property is currently a vacant home that is listed for sale by The Moeller Group, ReMax
• Results on behalf of William and Donna Zieska. The MLS list price is $115,000.
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anal preserves the public trust
MEMORANDUM - COUNCIL WORK SESSION
Staff understands that a prior home inspection has identified that the furnace and water heater •
will need to be replaced and that a reduced offer that reflects these replacements is expected
The City's records indicate that the property was part of the 2002 Street and Storm Sewer
Improvements and after the 2011 tax payments will have a remaining balance of $319.00.
The home was constructed in 1942 and has an assessed value of $149,600 for taxes payable in
2011. There have been no sales transactions identified over the last 20+ years.
Policy Issues:
Does the City Council feel that the acquisition and removal of the single family residence of
5455 Brooklyn Boulevard will have a positive effect on improving the image of Brooklyn
Boulevard, the Northport Neighborhood, and the Northport Elementary School?
Does the City Council feel that it is in the public interest to direct staff to pursue negotiations for
the acquisition of 5455 Brooklyn Boulevard with the use available TIF 3 Housing Funds?
Council Goals:
Strategic:
3. We will stabilize and improve residential neighborhoods
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
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Item No. it
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5455 Brooklyn Boulevard
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Policy Issues
• Does the Council feel the acquisition and removal of the
single-family residence would have a positive effect on
improving the image of Brooklyn Boulevard, Northport �
Neighborhood and/or Northport Elementary School?
i
• Does the Council fee that is in the best interest to direct
staff to pursue negotiations for the acquisition of said
property with available TIF 3 Housing Funds?