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HomeMy WebLinkAbout2011 10-10 CCP Regular Session AGENDA • CITY COUNCIL STUDY SESSION October 10, 2011 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn • CITY COUNCIL MEETING City of Brooklyn Center t October 10, 2011 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. - govides 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 26, 2011 —Study /Work Session 2. September 26, 2011 — Regular Session b. Licenses C. Resolution Pertaining to the City of Brooklyn Center's Participation in Hennepin County's 2011 Economic Development Initiative "Open to Business' 7. Presentations / Proclamations /Recognitions/Donations a. Resolution Recognizing Resident Volunteers Who Participated in the City of Brooklyn Center's 2011 Landscape and Garden Spotlight Requested Council Action: 4vlotion to adopt resolution. • CITY COUNCIL AGENDA -2- October 10, 2011 8. Public Hearings a.. An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License -This item was first read on September 12, 2011; published in the official newspaper on September 22, 2011; and is offered this evening for second reading and Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt ordinance. b. Resolution Vacating Certain Drainage and Utility Easements Within Lot 2, Block 1, BROOKLYN CROSSING, Hennepin County, Minnesota -This item was published in the official newspaper on September 22, 2011, and is offered this evening for Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. • — Motion to adopt resolution. 9. Planning Commission Items None. 10. Council Consideration Items a. Consideration of Type IV 6 -Month Provisional Rental License for 5825 Colfax Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. b. Consideration of Type IV 6 -Month Provisional Rental License for 6207 Colfax Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. • —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -3- October 10, 2011 • C. Approval of Committee to Review Financial Advisor Request for Proposals (RFP's) Requested Council Action: Motion to approve committee members. 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 October 10, 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 26, 2011 — Regular Session • 4. Commission Consideration Items a. Resolution Approving the Termination of the Cement Pond/Fountain Easement and Providing for the Dedication of a New Trail Easement (EDA — Wings Financial, 6160 Summit Drive) Requested Council Action: — Motion to approve resolution. b. Consideration of Approval of Grant Applications for Contamination Cleanup of the Former Howe Chemical Site Located at 4821 Xerxes Avenue North in Brooklyn Center 1. Resolution Authorizing the Economic Development Authority of Brooklyn Center, Minnesota to Apply for a Contamination Cleanup Grant From the Minnesota Department of Employment and Economic Development Authority Development Requested Council Action: — Motion to approve resolution. 2. Resolution Authorizing the Submission of a Grant Application to the Metropolitan Council for the Tax Base Revitalization Account Requested Council Action: • — Motion to approve resolution. EDA AGENDA -2- October 10, 2011 • 3. Resolution Approving an Application for a Hennepin County Environmental Financial Grant Requested Council Action: — Motion to approve resolution. C. Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities Within the Brooklyn Boulevard Corridor (5455 Brooklyn Boulevard) Requested Council Action: — Motion to approve resolution. 5. Adjournment • • AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION . October 10, 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. Administrative Penalty Program Report 2. Driveway Repair Standards PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Garbage Hauler Organized Collection Update - October 24, 2011 2. Youth Participation Request - October 24, 2011 3. Sanitary Sewer Rate Structure - October 24, 2011 4. Random Acts of Kindness - November 28, 2011 • 5. Fire Relief Association — November 2011 6. Neighborhood Designations - December 12, 2011 7. Progress Reports on Achievement of Strategic Goals - January 2012 8. Annual Department Year End Reports - February 2012 9. Property Maintenance — Including Snow Removal - February 2012 10. National League of Cities Service Line Program - February 2012 11. Highway 252 Update - March 2012 12. Sister City Update - January 2012 13. Active Living Program - January 2012 City Council 'Agenda Item No. 6a • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 26, 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 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, EDA/HRA Specialist Tom Bublitz, Director of Community Activities, Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. E -MAIL RESPONSE REGARDING MEETING ITEMS Mayor Willson noted that during the weekend prior to the Monday Council meeting, there are oftentimes a -mails from staff that provide answers to Member's questions. He asked if the Council would like staff to provide copies of those e -mails for Council review. It was the majority consensus of the City Council to request staff to provide copies of those communications. REAR YARD SHEDS Councilmember Kleven referenced information from staff indicating some backyard sheds do not require a permit so some may be erected in residents' yards without the City's notice. City Manager Curt Boganey explained a permit is not required as long as the shed does not exceed Code restrictions. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested discussion on Item 6d, Resolution Authorizing Funding for Centennial Park Ball Field Improvements, specifically related to the required balance of undesignated funds. Mr. Boganey explained it is 50% of the general fund budget, or in the range of $8 million. • 09/26/11 -1- DRAFT i Councilmember Lasman requested discussion on Item 8a, Continued Special Assessments for Administrative Fines /Citation Costs for two properties: 5655 Brooklyn Boulevard and 2318 55 Avenue North. She asked how the City can be guaranteed payment through certification to the County unless the owner of the property receives the citation. Assistant City Manager /Director of Building and Community Standards Vickie Schleuning explained that in this case the Code specifically states the notice goes to the tenant so collection could occur through a civil court action or collection agency. If the citation is dismissed, the amount would be removed from the assessment levy list and since the violation was corrected no other action is required at this point. Ms. Schleuning further explained that the property owner had appealed this citation at the September 12, 2011, Public Hearing so staff was directed to review the case history. It was noticed that the citation was issued to the wrong party (to the owner) so it is recommended this citation be dismissed. She indicated this is a unique case, but staff will be addressing this Code violation over the winter months and presenting a recommendation for Council consideration. The Council discussed the snow removal violation that resulted in this citation and an ordinance amendment, if needed, to assure the City receives payment. I Mr. Boganey advised that the City's ordinance governs what the City can do and it is not bound by the lease agreement between the tenant and owner. The ordinance would prevail in terms of the City's ability to enforce. Mr. Boganey noted staff is simply applying the ordinance as it is • written and the Council can amend the ordinance if it wants the property owner cited or both parties cited. It was the majority consensus of the City Council to direct staff to review the ordinance and research options for the Council to consider and discuss at a Work Session. MISCELLANEOUS Councilmember Kleven reported on the concern of resident Roger Kloster that while the Random Acts of Kindness recognition is a wonderful idea it may need new guidelines, definitions, and clarifications. She read the guidelines posted on the City's website and explained that Mr. Kloster felt the acts described are undertaken as a daily part of our lives. Councilmember Kleven stated she supported this recognition program and asked if the Council would be interested in revising its goals and, perhaps, refining the guidelines for nomination. Following discussion, it was the majority consensus of the City Council to support the Random Acts of Kindness recognition but the definition and guidelines for nomination could be refined so the recognition is more meaningful. Staff was directed to place this topic on a future Work Session agenda. I • 09/26/11 -2- DRAFT Mr. Boganey reported that Mr. Bublitz has decided to retire after more than 25 years of service. EDA /HRA Specialist Tom Bublitz stated he will be retiring next Tuesday and has appreciated the opportunity to serve the residents of Brooklyn Center. The Council congratulated Mr. Bublitz on his upcoming retirement and thanked him for his service to Brooklyn Center. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS OPPORTUNITY TO ACQUIRE 5455 BROOKLYN BOULEVARD AS PART OF THE REIMAGING OF BROOKLYN BOULEVARD CORRIDOR Mr. Bublitz introduced the item, noting the property is located in the northwest quadrant of the 55 Avenue and Brooklyn Boulevard intersection. This corner lot is 20,803 square feet with 145 feet of frontage on Brooklyn Boulevard and 150 feet of frontage on the Northport Elementary School entrance drive. Mr. Bublitz displayed aerial photographs of the subject site and asked the Council if it believed the acquisition and removal of this single - family residence would have a positive effect on the reimaging of Brooklyn Boulevard. It was noted the property is not foreclosed but vacant and marketed for sale. The City Council discussed options for redevelopment and recognized the potential for use of this property in the reconfiguration of the Northport Elementary School entrance and parking lot or to accommodate expansion of the North Memorial Clinic. Councilmember Lasman noted the list price is $115,000 yet neighboring property had sold at a much lower price. Mr. Bublitz stated if approved, staff would negotiate sale to the City's advantage. The City Council discussed its support for the purchase of 5455 Brooklyn Boulevard because it will improve the image of Brooklyn Boulevard, address the goal of the Comprehensive Plan to remove private residences from Brooklyn Boulevard, and offer redevelopment opportunities. It was the majority consensus of the City Council to direct staff to pursue negotiations for the purchase of 5455 Brooklyn Boulevard. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:35 p.m. • 09/26/11 -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 REGULAR SESSION SEPTEMBER 26, 2011 CITY HALL — COUNCIL CHAMBERS I 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, EDA/HRA Specialist Tom Bublitz, Director of Community Activities, Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. • Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Roger Kloster, 7223 Lee Avenue N., stated his concern that the same people are recognized for Random Acts of Kindness year after year and asked the Council to review its guidelines for nomination to assure it is a meaningful recognition. Dr. Philip Nelson, 147 Shorewood Road, Shoreview, spoke on behalf of Shay Vue, 4950 Abbott Avenue N., who had appeared before the Council previously to request permission to have racing pigeons. Dr. Nelson stated his opinion that racing pigeons are easier to care for and less dangerous than a cat or dog. He described his assistance to other communities to provide a model ordinance to allow racing pigeons, noting it would include stringent requirements including registration of the loft, as well as membership and certification by the Racing Pigeon Club. He explained that Shoreview adopted an ordinance to allow his keeping of racing pigeons. However, Shoreview later rescinded that ordinance when another racing pigeon owner caused problems. Dr. Nelson asked the City Council to consider adopting an ordinance to allow racing pigeons in Brooklyn Center. City Manager Curt Boganey asked Dr. Nelson to elaborate on the problem created by the other pigeon owner in Shoreview that caused the City to abandon its ordinance. Dr. Nelson described the other pigeon owner as being belligerent and not a member of a Racing Pigeon Club. When this person moved in two large lofts without a permit, the neighbors objected and complained to the City. • 09/26/11 -1- DRAFT Mayor Willson asked Dr. Nelson to provide the model ordinance information to staff for review. He explained the City Council can consider whether it wants to further discuss this matter at a Work Session. Mayor Willson closed the Informal Open Forum at 7:02 p.m. 2. INVOCATION At the invitation of Councilmember Kleven, Pastor Joe Fornara, Spiritual Life Church, provided the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, EDA /HRA Specialist Tom Bublitz, Director of Community Activities, Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. 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 6b. LICENSES 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 09/26/11 -2- DRAFT RENTAL — CURRENT RENTAL STANDARDS • INITIAL (TYPE III — one-year license) 7041 Willow Lane Sandra Hansen INITIAL (TYPE II — two-year license) 130868 th Lane N. Konrad Wagner 5031 Drew Avenue N. Adrian Jimenez 6430 Dupont Avenue N. Patricia Leners 4700 Eleanor Lane Kao Thao 3012 Thurber Road Cher Yang RENEWAL (TYPE III — one-year license) 6825 -27 Noble Avenue N. Christian Vitale 2701 65 Avenue N. Trinh Vu 5214 Ewing Avenue N. My Truong RENEWAL (TYPE II —two-year license) 1519 Humboldt Place N. ShoeMiller Properties LLC RENEWAL (TYPE I three-year license) 4806 Twin Lake Avenue Doug Wahl 5327 Queen Avenue N. Alvin Stachowski 4013 65 Avenue N. Gao Qiang Liu 5701 James Avenue N. Roxann Robertson • 5836 James Avenue N. Mai Vang SIGNHANGER Twin Cities Sign Installations 4475 214 Avenue NW, Oak Grove 6c. RESOLUTION NO. 2011 -132 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -017, SUBMITTED BY CARLEIN COUTIER (ON BEHALF OF DEBRA. NEW — 5731 CAMDEN AVENUE N) 6d. RESOLUTION NO. 2011 -133 AUTHORIZING FUNDING FOR CENTENNIAL PARK BALL FIELD IMPROVEMENT 6e. RESOLUTION NO. 2011 -134 ALLOCATING FUND FOR FIBER OPTIC CONDUIT PROJECT Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS - None. • 09/26/11 -3- DRAFT 8. PUBLIC HEARINGS 8a. 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 55 TH AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning stated there were two appeals at the September 12, 2011, Public Hearing. Per council request, staff researched the citations and prepared a report relating to each property. Ms. Schleuning explained the owner of 2318 55 Avenue N. appealed without a reason. Staff researched the appeal and found this is a rental property with a snow removal violation. She indicated the citation was issued to the property owner instead of the tenant as required by the cited ordinance section. In addition, the case was initiated as a result of multiple complaints with unique circumstances. Based on those findings and since this issue has been resolved, staff recommends this citation be removed from the special assessment levy list. Ms. Schleuning explained that the owner of 5655 Brooklyn Boulevard appealed and submitted a letter stating he could not afford the cost and had had to keep the items due to the property being in probate. Staff researched the appeal and found this property had been issued 43 violations since 2000 and is considered a chronic violator. Ms. Schleuning summarized the history of violations at this property, dates of citation, action taken, and fees imposed. Ms. Schleuning displayed slides of the subject site depicting items stored outdoors, noting they were not probate related, as well as inoperable vehicles. She indicated this property could have been additionally cited; however, the intent of the program is to gain compliance. Staff recommended assessment of $2,500. Councilmember Lasman moved and Councilmember Ryan seconded to re -open the Public Hearing. Motion passed unanimously. Jo Roberts, 6001 78 Avenue N, asked why staff is recommending dismissal of the citation against 2318 55 Avenue N. Ms. Schleuning explained the citation was issued to the wrong party, which nullified the citation. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -135 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES /CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS 09/26/11 -4- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to dismiss the citation • against 2318 55 Avenue North and remove it from the assessment levy. Motion passed unanimously. Councilmember Ryan moved and Councilmember Kleven seconded to adopt RESOLUTION NO. 2011 -135 Certifying Special Assessments for Administrative Fines /Citation Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FINANCIAL COMMISSION Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral appointment of Anissa Hollingshead, 3224 62' Avenue N., to the Financial Commission with a term to expire December 31, 2013. • Motion o passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5349 SAILOR LANE Ms. Schleuning advised that 5349 Sailor Lane was inspected and 25 property code violations were cited and ultimately corrected. There have been three 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 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 regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on strict adherence to the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one appeared to speak. I Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing. 09/26/11 -5- DRAFT Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 5349 Sailor Lane, 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 III ONE -YEAR RENTAL LICENSE FOR 5308 LILAC DRIVE NORTH Ms. Schleuning advised that the owner of 5308 Lilac Drive N. applied 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. Ms. Schleuning explained the property owner received a Type III Rental License on November 11, 2010, on .condition of adherence to the City codes and Action Plan. Because the property owner did not meet the license requirements, this property only qualifies for a Type III license. Ms. Schleuning noted this property was improved from the prior inspection and would have resulted in a Type I license category if ordinance requirements had been met. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that action plan and held discussion with the property owner and recommends approval of a Type III rental license based on strict adherence to the action plan. Councilmember Lasman moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. Paul Baird, owner of 5308 Lilac Drive N, stated he just received this citation. He described his efforts to meet the requirements of Brooklyn Center's rental program and apologized for his oversight in not attending the required ARM meetings. Mr. Baird stated he has now attended the Crime Free Housing training and received a certificate of completion. He reviewed the actions taken to bring this property into Code compliance, including suggestions by the Police Department to improve security. Mr. Baird stated he has worked hard to qualify this property for a Type I rental license and asked the Council to consider those efforts. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -136 APPROVING A TYPE III RENTAL LICENSE FOR 5308 LILAC DRIVE NORTH 09/26/11 -6- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION • NO. 2011 -136 Approving a Type III Rental License for 5308 Lilac Drive North. Motion passed unanimously. 10d. AN ORDINANCE RELATING TO THE REGULATION OF SIGNS; AMENDING BROOKLYN CENTER CITY CODE, SECTION 34 -110 AND 34 -140, AND ADDING NEW SECTION 34 -211 Mr. Boganey introduced the item and discussed the request from the Brooklyn Center School District to locate a mural on the interior face of the Mn/DOT sound wall adjacent to the Earle Brown Elementary School and Grandview Park. The Council determined the current ordinance, as written, did not regulate murals and directed staff prepare an amendment to incorporate needed regulations. City Attorney Charlie LeFevere presented the ordinance amendment, noting it includes a change to the definition of "sign" to make it clear that murals and other such displays are signs and subject to the ordinance. In addition, the ordinance now lists three conditions that have to be met to qualify as a "sign" and addresses maintenance for all signs in the City, including murals. The City Council indicated it is looking forward to the first mural with great anticipation. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of An Ordinance Relating to the Regulation of Signs; Amending Brooklyn Center City Code, • Section 34 -110 and 34 -140, and Adding New Section 34 -211 and set second reading and Public Hearing for October 24, 2011. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Lasman reported on her attendance at the following: • September 14, 2011, Centennial Celebration meeting • September 15, 2011, Bellvue Park neighborhood meeting • September" 17, 2011, West Fire Station Open House held on Constitution Day • September 21, 2011, Crime Prevention Meeting Councilmember Lasman announced the Brooklyn Center Police Department fundraiser at Gasthof s Restaurant in Minneapolis to support Special Olympics. Councilmember Kleven reported on her attendance at the following: • September 14, 2011, helped deliver welcome bags to new residents • September 15, 2011, Bellvue Park neighborhood meeting • September 17, 2011, West Fire Station Open House • September 20, 2011, Housing Commission Meeting 09/26/11 -7- DRAFT • September 22, 2011, groundbreaking for Shingle Creek Crossing where the City received a • donation of $50,000 for the amphitheater Councilmember Kleven reminded residents they have until October 8, 2011, to donate winter coats for kids at Pilgrim Dry Cleaners. Councilmember Ryan reported on his attendance at the following: • September 13, 2011, League of Minnesota Cities Policy Planning Committee on Improving Local Economies • September 14, 2011, League of Minnesota Cities Policy Committee on Fiscal Management • September 15, 2011, Bellvue Park Neighborhood Meeting • September 17, 2011, Brooklyn Center Fire Department Open House at the West Fire Station • September 20, 2011 Earle Brown Days Committee Meeting P � Y g • September 22, 2011, groundbreaking for Shingle Creek Crossing. He thanked Mr. Gatlin and contractors for committing $50,000 towards the Centennial Park amphitheater Councilmember Ryan announced this is Brooklyn Center High School's 50 anniversary and on October 2, 2011, a reception and program will be held hosted by the Brooklyn Center Alumni Association. Tours of the Brooklyn Center High School will be held on October 10, 2011, followed by a homecoming football game. Councilmember Ryan also announced the October 9, 2011, Lions pancake breakfast and Brooklyn Center High School rededication ceremony. Councilmember Ryan stated he is a proud Brooklyn Center High School graduate, class of 1967, and urge all former attendees and graduates to attend these events. Mayor Willson reported on his attendance at the following: • September 13, 2011, meeting with John Winkelman and ISAIAH • September 22, 2011, Shingle Creek Crossing dedication. Mayor Willson thanked Mr. Gatlin and those who have contributed to the amphitheater. He noted Mr. Gatlin and his associates have proven they have Brooklyn Center's best interests at heart and will be good citizens. Mr. Boganey announced it is not too late to donate canned goods as part of the Brooklyn Center Centennial Celebration. He then acknowledged this is the last meeting for Tom Bublitz who is retiring after several years of dedicated service. EDA /HRA Specialist Tom Bublitz thanked the residents of Brooklyn Center, the City Council P � Y Y and City Manager Boganey for the opportunity to serve Brooklyn Center. He stated it has been interesting and he appreciates the opportunity. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:52 p.m. Motion passed unanimously. • 09/26/11 -8- DRAFT • City Council Agenda Item No. 6b • 4 • COUNCIL ITEM MEMORANDUM i DATE: October 4, 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 October 10, 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 . Conway Mechanical 8755 North Maplebrook Circle, Brooklyn Park DAS Heating and Cooling Inc. 8060 153 Lane NW, Ramsey Steve's Plumbing Inc. 23629 Washington Street, East Bethel RENTAL See attached report. • llission: Ensuring an attractive, clecuz, safe cornrnzznity that enhances the quality Uf lt/e and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 . Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ amts 00:75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ C, 't than 0 75 `but not more than,l.5 , Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3f units Greeter than Y 5 but not more than 3. Type IV — 6 Months 1 -2 units Greater than 8 units Greater than 3 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3 units;; „ 0 =0 25 • 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 =4 units Greater than 0,25 but not more;than; 5 or more units Greater than 0.35 but not more th 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 ,4 units Greater than 1; 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. • Hission. Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust z 'Property _Final Dvsieling ,x Renewal Code Licensei Police License,..U.npad Unpaid. Property Address Type orinit►ai ` Owner Uidlations ,Type . CFS -* Type ** Ui hties Taxes 314149th Ave N Single Family Initial Manoj Moorjani 8 III N/A III OK OK 4306 66th Ave N Single Family Initial Sarah Vogt 2 II N/A II OK OK 6930 Dallas Rd Single Family Initial Denise LaMere 2 II N/A II OK OK 5455 Emerson Ave N Single Family initial Lawrence Shapiro 1 II N/A II OK OK 5510 France Ave N Single Family Initial Kin Chew 4 II N/A II OK OK 6807 Humboldt Ave N C302 Single Family Initial Raymond Charest 3 II N/A II OK OK 6342 June Ave N Single Family Initial Dav Swartout 0 II N/A II OK OK 1 Bldg 3513 47th Ave N 11 Units Renewal Richard Grommes 0 1 0 1 OK OK 20165th Ave N 7 Bldg 24 18 Riverwood Estates 84 Units Renewal Donald Kasbohm .33 /Unit I .21 /Unit I OK OK 5937 Abbott Ave N Single Family Renewal Mark Crost 3 II 0 II OK OK 6005 Admiral PI Single Family Renewal Dan Soffa 1 1 0 1 OK OK 7208 Dallas Rd Single Family Renewal Neng Xi Zhang 4 II 0 11 OK OK 6801 Fremont PI N Single Family Renewal Olamiyi Kuku 0 1 1 1 OK OK 6819 Humboldt Ave N A301 ISingle Family lRenewal Raymond Charest 3 II 0 II 1 OK I OK 1525 Humboldt PIN ISingle Family Renewal IShoeminer Propeties LLC 1 1 0 1 OK OK 1549 Humboldt PIN ISingle Family Renewal IShoemiiler Propeties LLC 1 1 0 1 OK OK * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N /A.) ** Final License Type Type I = 3 year Type 11 = 2 year Type III = 1 year City Council Agenda Item No. 6c • COUNCIL ITEM MEMORANDUM DATE: October 4, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Resolution Pertaining to the City of Brooklyn Center's Participation in Hennepin County's 2011 Economic Development Initiative "Open to Business ". Recommendation: It is recommended that the City Council consider approval /adoption of the Resolution Pertaining to the City of Brooklyn Center's Participation in Hennepin County's 2011 Economic Development Initiative "Open to Business' Background: Hennepin County Housing and Redevelopment Authority is soliciting proposals from suburban Hennepin municipalities interested in launching or expanding a small business and entrepreneur technical assistance initiative, referred to as "Open to Business ". The "Open to Business" program is modeled after the partnership between the City of Brooklyn Park and the nonprofit community development organization Metropolitan Consortium of Community Developers. The program provides one on one technical assistance services to entrepreneurs and small business. The range of services offered included: business plan development, feasibility studies, cash flow and financing projections, marketing, preparing loan requests, and advocacy with lending institutions. The cost of Open to Business program to the Cities with populations of 30,000- 60,000 is an annual fee of $10,000 with Hennepin County providing a one -time grant program of $5,000 matching funds for successful applications. Attached is a copy of the announcement of the program, application requesting matching funds, and information on the Metropolitan Consortium of Community Developers (MCCD). Open to Business Program A meeting with Rob Smolund, MCCD, and Patricia Fitzgerald, Hennepin County, identified that to date the program has primarily focused on commercial retail and service opportunities within the City of Brooklyn Park and Minnetonka. A review of the City's commercial areas and the available rental space for small tenant leases indicates that the following commercial areas could benefit from the City's participation in this • program: the Humboldt Square shopping center and Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anti preserves the public trust COUNCIL ITEM MEMORANDUM - the Brooklyn Boulevard and 63 commercial area. Additionally, we discussed other commercial areas within the Central Commerce Area and the potential of new manufacturing opportunities within the multi tenant industrial buildings north of Interstate 694. Budget Issues: The EDA Fund would provide the $5,000 of matching funds to the County's $5,000 grant for participation in the Open to Business program for 2012. Council Goals: Select not more than two. Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans 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 anal preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PERTAINING TO THE CITY OF BROOKLYN CENTER'S PARTICIPATION IN HENNEPIN COUNTY'S 2011 ECONOMIC DEVELOPMENT INITIATIVE "OPEN TO BUSINESS" WHEREAS, Hennepin County Housing and Redevelopment Authority is soliciting proposals from suburban Hennepin municipalities interested in launching or expanding a small business and entrepreneur technical assistance initiative, referred to as "Open to Business "; and WHEREAS, The program provides one on one technical assistance services to entrepreneurs and small business which include: business plan development, feasibility studies, cash flow and financing projections, marketing, preparing loan requests, and advocacy with lending institutions; and WHEREAS, The City Council believes that the services available through the Open to Business Program have the potential to benefit existing commercial areas and to promote the future growth of entrepreneurship and business growth with the City of Brooklyn Center. ;and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the staff is hereby authorized to make application for a $5,000 matching fund grant for participation in Hennepin County's 2011 Economic Development Initiative "Open to Business ". October 10, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member � � aii upon i vote - eing t ak en thereon, t i ale lo i �lowing voted iii savor r t hefeo l: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Hennepin County • - . 2011 Economic Development Initiative "Open to Business" Program Announcement and Application Request Issued August 12, 2011 Program Purpose and Background As part of a broader strategy to promote economic development, create and retain jobs, and cultivate entrepreneurs, the Hennepin County.Housing and Redevelopment Authority ( HCHRA) is soliciting proposals from suburban Hennepin municipalities interested in launching or expanding a small business and entrepreneur technical assistance initiative dubbed "Open to Business." The HCHRA has made a total of $75,000 available for 1:1 matching grants up to $5,000 for municipalities or collaborations of municipalities who wish to provide "Open to Business" technical assistance to their community's entrepreneurs and small businesses. Funds are available on a one -time basis. The "Open to Business" model was originally conceived as a partnership between the City of Brooklyn Park and the nonprofit community development organization Metropolitan Consortium of Community Developers (MCCD) (see www.mccdmn.org). Through this partnership, MCCD provides direct, one -on- one technical assistance services to Brooklyn Park's entrepreneurs and small businesses. The range of services offered include: business plan development, feasibility studies, cash flow and financing projections, marketing, preparing loan requests, and advocacy with lending institutions. MCCD helps connect entrepreneurs with banks, community development lenders, Small Business Administration (SBA) resources and MCCD's own small business loan fund so that entrepreneurs can access the capital they need to be successful. The "Open to Business" model has since expanded to the cities of • Minnetonka and St. Louis Park. Because of the success of "Open to Business" to -date, the HCHRA has committed funds to support the efforts of suburban Hennepin municipalities interested in pursuing this initiative. The "Open to Business" model is based on MCCD providing services to participating municipalities' entrepreneurs and small businesses for a flat annual fee. The base annual fee is $10,000 for municipalities that have populations between 30,000- 60,000. Municipalities may also partner with other cities to offer "Open to Business" if their individual population is less than 30,000. For populations over 60,000 the fees will be negotiated on a case by case basis. Applicants are encouraged to contact MCCD representative Rob Smolund at 612- 789 -7337 x11 to discuss appropriate fees and joint applications with other municipalities. Application Process • Only municipal governments are eligible to apply. • City council resolution of support is required. Resolution must include a commitment to fund one half of the total annual cost and to contract with MCCD for "Open to Business" if awarded matching funds. • Grant funds will not be provided directly to the municipality, rather the HCHRA and the municipality will contract individually with the consultant. • Maximum grant amount is $5,000. • A 1:1 match is required. (In -kind contributions do not count toward the match requirement.) • Submit the completed "Request for Matching Funds Form" along with a copy of the city council resolution described by no later than October 15, 2011. • Notice of awards will be provided by December 1, 2011. The HCHRA will be solely responsible for determining which municipalities or collaborations of municipalities receive the grant. The HCHRA may determine not to distribute the entire $75,000. For more information, contact Patricia L. Fitzgerald, Principal Planning Analyst, at 612- 543 -0864 or Patricia. I.fitzgeraldCa)co.hennepin.mn. us 1 _ Hennepin County 2011 Economic Development Initiative "Open to Business" Request for Matching Funds Instructions Please complete the following questions and return completed form along with a copy of the city council resolution described above to the following address by mail or e-mail no later than October 15, 2011. Patricia L. Fitzgerald, Principal Planning Analyst Hennepin County Department of Housing, Community Works and Transit 417 North Fifth Street Minneapolis, Minnesota 55401 -1397 DIRECT: 612-543-0864 E -MAIL: patricia .I.fitzgeraId @co.hennepin.mn.us Applicant(s): Street address: Zip code: Primary contact person: Phone: E -mail: • Amount of HCHRA funds requested: $ Population size of participating municipality /municipalities: Annual fee for "Open to Business" per above fee schedule: Source of funds for local match: Proposed timeframe for "Open to Business ": Start date End date 1. Explain the need for entrepreneur development and small business technical assistance services in your community and the location(s) in your community that would most likely receive this development assistance. 2. How would your community promote the "Open to Business" initiative to your entrepreneurs and small businesses? 3. How does the "Open to Business" strategy complement other economic development initiatives in your community, or would this be a new venture for your community? If this is a new venture, explain how the initiative fits your community's goals and plans. t Business" strategy 4. Which staff would oversee the Open o us and how would the outcomes and experiences of this initiative be tracked and utilized? 2 i • MCCD is roeusIrrESS in your community Promoting entrepreneurism. Entrepreneurs are starting and growing small businesses in your community. By helping them gain access to financing and other business assistance, you can encourage small business development that grows your tax base, creates local jobs and increases community vitality. How we can help. MCCD's Open to Business program brings on -site business services specialists to your city that can expand your community development staff's expertise in such areas as start -up financing and business plan development. We can respond to requests for business a of the assistance when those requests are beyond the ran q q Y g services normally provided by your municipal agencies. How we work. Our staff can provide one -on -one assistance customized to meet the needs of your small business owners and operators. Many of our clients receive help in planning and organizing their business ventures. We can also assist with financial management, marketing and regulatory compliance. Accessing capital for your businesses. MCCD operates a small business loan fund that can help your entrepreneurs access the capital they need to grow their businesses. We can also draw on our long-standing partnerships with area banks to help g gp p pY our businesses obtain bank loans and revolving lines of credit. As a participant in MCCD's • "Open to Business" program, your community development agency can help promote more effective access to Y capital for our local businesses. p How we partner with you. MCCD will work with city staff to develop materials that brand this as a program of your city and assist with outreach ideas to the business community. Or staff can meet clients at our office or their place of business. In addition, we can schedule on -site hours at your city hall or other public venue for walk -in consultations. This fee - for - service arrangement can provide you with a cost - effective alternative to an "in- house" business development program staffed and funded by your agency. Who we are. The Metropolitan Consortium of Community Developers is an association of 43 non - profit community development agencies that work to improve housing and economic opportunity throughout the Twin Cities metropolitan area. During this past year, our team of business development specialists has provided access to more than $1 million in business capital for our clients and technical assistance services for more than 200 area businesses. You can find our Web site at www.opentobusinessmn.orq For more information, contact. Rob Smolund Metropolitan Consortium of Community Developers rsmolund(d_)mccdmn.org 612- 789 -7337, ext 11 10MCCO• M.Vav"2sn Consortium of Cammunizy Oevotopxra Point Vcur StarTribune mobile browser http. / /st artribun c. c.coni �haring business savvy Last Tuesday, adviser Rob Smolund met with Lynn Huynh, manager of her brother's restaurant, Kim Anh Pastry and Deli, on Edinburgh Center Drive. The siblings are contemplating a move and expansion to a former Dunn Brothers coffee shop across the street, and were looking for help to secure- financing ' - to take the step. • y. " In a half -hour meeting at City Hall, Smolund went through the restaurant's financials, listened enthusiastically to the details of the new location, r and gave Huynh a handful of resources to check out _ for private financing, as well as a to -do list to check off before their next meeting. Smolund, an enterprise facilitator with the Metropolitan Consortium of Community Developers, Richard Sennott, Star Tribune is available for consultation the third Tuesday of each month at City Hall as part of a program made Brooklyn Park is offering a program that Provide free one on possible by the Brooklyn Park Development Corp., a nonprofit funded by the city's Economic one intensive, confidential counseling to entrepreneurs who are thinking of opening a business or expanding one. Rod Development Authority. Users are business owners Smolund is the counselor who call himself a "Business seeking to expand operations in Brooklyn Park, or Therapist" and works with the entrepreneurs. Rod Smolund entrepreneurs with a great idea and the drive to talked with Lynn Huynh in a conference room in City Hall, make it happen. The city has a deal with Smolund's he wants to expand and move her restaurant. organization, to pay his $50 hourly fee, up to business counselor is on hand every $5 ,000. Participants pay nothing for his services. third Tuesday in Brooklyn Park to help people navigate the entrepreneurial waters Smolund does a similar service in Minnetonka and -- and it doesn't cost them any thing. North St. Paul. Other cities are in the pipeline. Brooklyn Park's business developer, Amy Baldwin, By MARIA ELENA BACA mbaca @startribune.com praised the way Smolund follows clients through the process, possibly strengthening and expanding the Last update: March 26, 2011 - 7:07 PM city's small business core. Take notice, Brooklyn Park: The "Business Therapist" is ready to hear your money - making ideas. Advertisement MISSIO 1 � � r h � �` T ������ DRAWINGS EVERY FRIDAY THROUGH APRIL 29 WIM A PORSCHE` BOXSTER t4Y S+;e- L THIS FRIDA Y' CASINO - NOTEL Oir•sda•UOx'��[Eb, rssn�swnc- .��zn�o� >a.0 cc.n »u -itr mysticlake.corn_. Print Powered By point your t Sa rTribune.com Atp // artribu e Lttp: / /startribun .com "We don't have the capacity to do what he does," she them to concentrate their efforts elsewhere. • said. "If they run into a hiccup along the road, they have an ally to help them through." Bad ideas can succeed After about six months in operation, the program "I can't predict winners or losers," he said, adding has been popular enough that the city has expanded that he's seen what he considers great ideas fail, and Smolund's hours. He starts most of his Brooklyn crummy ideas succeed, based on smart execution. Park days with several half -hour appointments; his free tune often is filled by drop -ins. Smolund has What he does is help people identify their strengths seen one of his early protegees, Lara Babalola, to the and weaknesses, and when necessary encourages point of opening her business, Diva's Ave. Boutique, them to find partners to make their dreams reality. at the Shops at Village Creek, with loans from the city development corporation, WomenVenture and the The city has microloans available for people who consortium. He or a colleague has spent more than can't get access to commercial bank loans, but 50 hours counseling with 1.9 residents. Smolund said entrepreneurs should be able to put at least 10 percent into a deal. In last Tuesday's session, Smolund warned Huynh about potential damage a move could do to the He said he believes that the recent popularity of the restaurant's brand; she countered that the new program is a reflection of both people's renewed space was within sight of the old one. Plus, it has confidence in the recovering economy and of the space for a large roaster, a drive - through window, desperation of people who are looking for any better curb appeal and favorable lease conditions, revenue source. she said. "It's a long process, and I help them with that," he He encouraged her to get all the details in writing, said. "I take a very holistic approach. If I don't feel and promised that with more information he'd help their business has legs, I still help them. I tell them, • her make financial projections three years out, as look out a year." part of an eventual loan application. Maria Elena Baca • 612 - 6734409 Huynh is an unusually savvy entrepreneur, Smolund said. He called attention to the "Business Therapist" line on his business card. Sometimes, his work is just a matter of helping people streamline their ideas and fill out applications. Sometimes, he helps them to create a multi -year plan. Sometimes, he encourages Advertisement Get a ADT-M onitored Call NOWT Home Security System.* (With $99 customer Installation and purchase of ADT alarm monitoring services. 1- See important terms and iconditions below.) SECURITY �I1ejrW,,,�a CHOICE tin .. �a:!1Q• F•v • Print Powered By s ; t c: i rtna LDynamics -2- • City Council Agenda Item No. 7a • • COUNCIL ITEM MEMORANDUM DATE: October 4, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director.of Public Works /City Engineer 3 f0 SUBJECT: Resolution Recognizing Resident Volunteers Who Participated in the City of Brooklyn Center's 2011 Landscape and Garden Spotlight Recommendation: It is recommended that the City Council consider approval of the resolution recognizing resident volunteers who participated in the City of Brooklyn Center's 2011 Landscape and Garden Spotlight. Background: This event was originally a contest that was initiated in 1995 as part of a community effort to promote beautification and enhancement of properties in the City. This year, City Staff used a different approach. Instead of promoting the event as a "contest ", it was approached as a voluntary "spotlight" opportunity where there was no competition. Residents could nominate their own front yard garden and/or landscaping or suggest another property that caught their eye. A letter was then mailed out confirming participation and requesting permission to take photographs which will be published in a later edition of the City Watch. City Staff received positive comments and feedback from interested parties regarding this non- competing "spotlight" type event. We would like to recognize and thank each participant as follows for their efforts and hard work in beautifying not only their own yard, but also beautifying their neighborhoods: Carolynne Darling 5318 Girard Avenue North Rawati Indradeo 5924 Xerxes Avenue North Terry Stellick 7024 France Avenue North Ken Evers 7118 Grimes Avenue North Budget Issues: Letters of appreciation and Malmborg's gift cards were presented to each participant. Gift cards were made possible by donations from the Brooklyn Center American Legion. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Council Goals: 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING RESIDENT VOLUNTEERS WHO PARTICIPATED IN THE CITY OF BROOKLYN CENTER'S 2011 LANDSCAPE AND GARDEN SPOTLIGHT WHEREAS, the City Council desires . to acknowledge and support the efforts of citizens and area businesses to promote beautification of residential and commercial properties in Brooklyn Center; and WHEREAS, the Council is appreciative of the hard work and efforts of many residents in gardening and landscaping their properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following residents are to be recognized and honored for their achievements and participation in the City of Brooklyn Center's 2011 Landscape and Garden Spotlight: Carolynne Darling 5318 Girard Avenue North Rawati Indradeo 5924 Xerxes Avenue North Terry Stellick 7024 France Avenue North Ken Evers 7118 Grimes Avenue North October 10, 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 of Brooklyn Center 2011 Landscape & Garden Spotlight s, s k I - t r' i 5318 Girard Ave N 8' jI - .; i �it �„ •f!a.:��� � `�'�� ���� 'v��`� �:: ,l N I I� 4 , i " 4 5924 Xerxes Ave p � r �-. . r �� Y� �. .. _ .-�+ - �4 r Y '� .mot�'x ��_' :_ _. f� �► �. ;. "-°.T:i__2� L _�...fie°._ � _.� - 1 ..: .� ` � �� _._ � :" _4 ii _. �- `.� - � �+_ .� � „� ,. - _ ,,. � .,-i .�."V i .�J (+"�. w Y+a S ,��• 4y • = � . � I v' .� I , ��.r �� ... .r - •��r .�"l- .� ��"� ,� r "R• ,.. 4 t J mow.. ._i+� — 4. V i+ ;�.: ,.�� �� � � `�r{ '^d�s�}Y r- � p?��� _.=;'Jam, JI r. . 1�, „' �`` '�� ��. � ,, .. ,. �RBI, .\' a •gad -r.,,a.%� � - � n �' �i^ t�, •1', �fG"R V't: ." �'/{Y\fie `pd�T�, (, � � .. !� � , ,. �, r '� {..� i � �. �- � ,y -�� .� '�■ „(�► �, � ,�`' � :� *�} 4 � J wYr� { �`" :ti 4,�, a y'�t:.� ''Erb,�-.N; r , - �,� � t: 'ITS ��.�� ► .4 j.. ,` sti � IM �W'. � .'J.• �'•'4 j ,gip. � � t � ,i ` a ti., _ _ �� •* � � �: �.� ��y_�� _ 1. Thank you to the volunteers that participated in the City of Brooklyn Center ' s 2011 Landscape & Garden Spotlight ! ! City Council Agenda Item No. 8a • • COUNCIL ITEM MEMORANDUM t DATE: October 5, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License. Background: At its September 12, 2011, meeting the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License. Attached are the materials provided at the September 12, 2011, meeting and the ordinance amendment as it was approved at first reading. The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on September 22, 2011. If adopted, effective date will be November 20, 2011. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 4. We will ensure the city influence at the legislature • Mission: Ensuring an attractive, clean, safe con nutnity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM DATE: August 30, 2011 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk I SUBJECT: An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License Recommendation: oval r It is recommended that the City Council consider approval of 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 and Public Hearing for October 10, 2011. Background: During the 2011 Minnesota Legislative Session, Minnesota Statute 340A.301 was amended to include a provision allowing for properly licensed malt beverage manufacturers (Brewers) to apply for a Brewer Taproom License (this law was known as the "Surly bill "). The Brewer Taproom License allows for the sale of beer brewed by the brewer to retail customers. Nothing in Minnesota Statute 340A.301, Subdivision 6b precludes the holder of a Brewer Taproom License from also holding a license to operate a restaurant at the brewery. • Surly Brewing Company submitted a request to amend the City ordinance to allow for a Brewer Taproom License at its current location. However, Minnesota Statute 340A.601, Subdivision 5 provides that, a city owning and operating a municipal liquor store may issue on -sale liquor licenses to hotels, clubs, and restaurants. Surly Brewing Company does not operate a restaurant and its current brewery would not qualify for a Brewer Taproom License since Brooklyn Center operates municipal liquor stores. Staff recommends amending the liquor ordinance to add a Brewer Taproom License with the provision that the license shall only be issued to a restaurant. The Brewer Taproom License does not provide for full on -sale liquor license privileges; the brewer can only sell /serve their brewed product. If the brewer wishes to be open on Sunday and or until 2 a.m., they would have to apply for and qualify for the additional licenses. It may have been the intent of the Legislature to allow Surly Brewing Company to sell its beer to ht that law exists which retail customers at its current location, and it may have been an oversight ' enses only to liquor licenses t'n municipal liquor store may issue on-sale Y provides that cities operating g a p q y q hotels, clubs, or restaurants. During the next legislative session the City may want to petition its legislators to amend the Statute to allow cities operating municipal liquor stores to issue on -sale liquor licenses to Brewers eligible for the Brewer Taproom License as defined in Minnesota Statute 340A.301. • M ission. Ensuring an attractive, ciean, safe cor'rrrrrinity erclurrtees tine gualidy of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 4. We will ensure the city influence at the legislature Missiom assuring an attractive, clean, sa,/e community that enhances the quality of life and reserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of October 2011 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. _______________ AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSING; ADDING BREWER TAPROOM LICENSE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 11-103 is amended as follows: Section 11-103. DEFINITIONS. In addition to the definitions contained in Minnesota Statutes, Section 340A.101, as it may be amended from time to time, the following terms are defined for purposes of this Chapter: 2. Liquor both intoxicating liquor, and 3.2 percent malt liquor, and malt liquor. Section 2. The Brooklyn Center City Code of Ordinances, Section 11-107 is amended as follows: Section 11-107. TYPES OF LIQUOR LICENSES AND PERMITS. The following are the types of Liquor licenses and permits that may be issued by the City pursuant to this Chapter: 12. Brewer Taproom License. This license m license under Minnesota Statutes 340A.301, Subdivision 6(c), (i), or (j) and shall be issued only to a Restaurant. A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer may only have one brewer taproom license and may not have an ownership interest in a brewery licensed under Minnesota Statutes 340A.301, Subdivision 6(d). A brewer taproom license may not be issued to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews ORDINANCE NO._______________ more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this ________ day of _______________ 2011. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) i City Council Agenda Item No. 8b • • COUNCIL ITEM MEMORANDUM DATE: October 4, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Vacating Certain Drainage and Utility Easements within Lot 2, Block 1, BROOKLYN CROSSING, Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of the resolution authorizing release and termination of existing drainage and utility easements as shown on the plat of BROOKLYN CROSSING. Background: The City received a request from FTK Properties located at 3220 County Road 10 to vacate certain easements encumbering said property that are no longer needed. The necessary easements were subsequently dedicated under the plat, BROOKLYN CROSSING 3RD ADDITION, encompassing the actual location of the underground sanitary sewer line (see attached BROOKLYN CROSSING 3 ADDITION plat). The following easements are proposed to be released and terminated as indicated: 1. A publicly dedicated drainage and utility easements as shown on Lot 2, Block 1, BROOKLYN CROSSING, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit. As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. It is staff's opinion that all easements proposed to be vacated are fully encompassed by rededicated easements as part of a subsequent plat, BROOKLYN CROSSING 3' ADDITION. We are unaware of any entity objecting to the vacations. The attached exhibit depicts and describes the existing easements to be vacated. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 2, BLOCK 1, BROOKLYN CROSSING, HENNEPIN COUNTY, MINNESOTA WHEREAS, certain existing easements pertaining to the properties contained within the plat for BROOKLYN CROSSING are no longer needed and were replaced by new easements; and WHEREAS, the easements proposed to be vacated are identified as follows and are hereafter referred to as "the Easements ": Publicly dedicated drainage and utility easements as shown on Lot 2, Block 1, BROOKLYN CROSSING Hennepin County, Minnesota, and shown as crosshatched p ty in the attached Exhibit; and WHEREAS, after due notice and public hearing, the City Council has determined that the Easements will be no longer needed and it is in the public interest to vacate the Easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby approves the vacation of the Easements described above and depicted in the attached Exhibit. 2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate. October 10, 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. Bismark • Denver - Detroit Lakes • Fargo - Minneapolis • Sioux Falls 5201 East River Road, Suite 308 Minneapolis, .Minnesota 55421 J Phone: 763.571.2500 Fax: 763.5711168 W E Web: mmulteig.com EASEMENT VACATION EXHIBIT _ - Z I_- " 0 50 100 Ow • rN rt ► 11 I 1 % Z LU i� r i� �� • r � t� 1 \1 I r> r� 1 ♦ a ► a r' a i� � *- i 5 5 1 t 1 � �� �� � • Lt1 NORTH LINE OF LOT 2 _j N 115.5 l 1 I � UTILITY EASEMENT DEDICATED ON THE PLAT OF BROOKLYN CROSSING WEST LINE OF LOT 2, BLOCK 1, BROOKLYN `o WEST LINE OF LOT 2, <C/ CROSSING ,, �;� o — BLOCK 1, BROOKLYN / Jv CROSSING 3RD ADD. / �Q BASS LAK E � J (COUNTY ROE AD ROAD / r AIQ 10) C� j EASEMENT TO BE VACATED DESCRIPTION OF EASEMENT TO BE VACATED: I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and That portion of the publicly dedicated utility easement lying that I am a duly Licensed Land Surveyor under the within Lot 2, Block 1, BROOKLYN CROSSING, Hennepin laws of the State of Minnesota. County, Minnesota, depicted as running from the south end of Abbott Avenue North southwesterly to the west line of Lot 2, Block 1, said BROOKLYN CROSSING. Michad4 E. Can on Lic. No. 40035 Date: �1 ouuuM W CROSS I 3.. ADD I T I ON, R.T.DOC.NO. t� ♦IITrr I A r r, I r ; 1 +' Y1 L L1 1 I I I�;V •�r1 1 A * t,rL' __!17.00 -- "i - -S87 °48'23 N 950.20 ,k r n l r , 12S'S< "49• X ( �„L 1 r1 L -L_ ,._IV L rMOmm 0 378.50 at/ 0tiiy/ 00 o'' m 51Gj!,4 \\- °° � \ o m Oo 1 a j53 // 1 a \\ oDenotes iron Monument • a 6 p �� lol z I Bearings shown are based ,e•yv� > ,� \ \ \ z� upon assumed datum. Q a �Z m �� Llil 1 1\L_ T I I m v �I - L, �, �, I Iv I X 1\1 t Al w ti Ll ll I r I y�IV C C 1 180 �-�\ < / // 60 4 6D 12Q � o1 ) z � "' �m �l •` � o� ` 6 , N87' 48' 23' E 97.89 SCALE I N FEET � _i � z i/ !Q/ � „” so 2 7 r 1 , r r. m v (Y� v — ` ° `/ c v ;` b 11.6 !i L _ V L l0 om v ' a LOT i � _ 60 ` \ Planning 'Engineering Surveying Ll_0 i m `0- vL ca / L oar BLOCK 4f. .,\ 3f FJr'\ 1` 7 }UTILITY -- -- — 1 , .66 w — __ , 1 ____EASEMENT 1 107.18 SB4•f7'38'E f00. L r r - Curve pof 00 ' 1 - R`978. 9g d- 13' � STATE OF MINNESOTA p' tangent E e272 6 8 4 tB•BQ 41 <' COUNTY fFe , HENNEPIN instrument was acknowledged before me this day of ��tem�� 19 ? by rti��., I ,r�nLk r - IVI�, .i`i /I p57g.12 ;5� Bp c" iKe ehi "p °��` a general partner of CSM Lakeside, a. Minnesota general par tnership on behalf of said 1_ rt 1 L ' ri i i £ VICKI S. VANBELLE i. NarWPunk -M 50A KNOW ALL MEN BY THESE PRESENTS: That Brookdale Office Park Partnership, a Minnesota General Partnership,. fee'own$i - - RAIASEI'COUKfY o ry Publi Hennepin Cou AAty,tt Minnesota of the foilowing described property situated in the County of Hennepin, State of Minnesota, to,, wit: ., , - Ill fiptuhpr. U,t09A y Commission Expires Lot 1, Block 1, BROOKLYN CROSSING, according to the plat thereof on file or of record ' in the office of the I hereby certify that I have- :' urveyed and platted the property described on this plat as BROOKLYN CROSSING 3RD Registrar of Titles in and for said County. ADDITION; that this plat is a correct representation of said survey; that all distances are correctly shown on said And C & G Transcontinental Developers, Inc., a Minnesota corporation, fee owner and CSM plat in feet and hundredths of a foot; that all monuments have been correctly placed in the ground as shown to will P be placed as required by the local governmental unit; that the outside boundary lines are correctly designated on contract purchaser of the following described property situated in the County Lakeside, a Minnesota general of Hennepinf State of said plat; and that there are no wetlands or public highways to be designated on said plat. Minnesota, to wit: Lot 1, Blo 1, BROOKLYN CROSSING 2ND ADDITION, according to the plat thereof on file or of record im the office D. ! of the Registrar of Titles in and for said County. 4eTffr L dgren, Land rveyor License Number 14376 Have caused the same to be surveyed and platted as. BROOKLYN CROSSING 3RD ADDITION and do hereby donate amd dedicate to the public for public use forever the easements for utility purposes as shown on the plat. STATE OF MINNESOTA In witness whereof said Brookdale Office Park Partnership, a piinnesotp general partnersh_i�, has caused these COUNTY re HENNEPIN 23RD day of DFCEM C3ER , 19 9 Z b presents to be signed by its general partner this �_� day of ✓P•CPiYrr.Pfil 19 The foregoing surveyor's certificate was acknowledged before me this y Jeffrey D. Lindgren, Land Surveyor, Minnesota License No. 14376. In witness whereof said C 8 G Transcontinental Developer�s� HENN r Inc., a Minnesota corporation, has caused these presents y�� ROME LLEF.MOUNE ��=� � � to be signed whereof its proper officer this a3r dday of CJ , 19�Z. Na,"m'vueuc-wm+EsoTn Nota Public, Hennepin�y, Minnesota EPIN COUNTY My Commission Expires 10 - In witness whereof said CSM Lakeside, a Minnesota general partnership, has caused these presents to be silgned by its tNC°°.Ka°aewlrw OM IS. IM CENTER, MINNESOTA general partner this � J- �aay of 19 — . , _ This plat of BROOKLYN CROSSING 3RD ADDITION was approve an c epted by the City Cotncil of Brooklyn Center, SIGNED: Minnesota at a regular meeting thereof held this /2 ry day of OCYCR L 19 _. If applicable,_ the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been C & G TRANSCONTINENTAL DEVELOPERS, INC. CSM LAKESIDE BROOKDALE OF ICE PARK PARTNERSHIP received by the city or the prescribed 30 day period has elapsed without receipt of such ;comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2. ^� C TY COUNCIL OF BROOKLYN CENTER, MINNESOTA I g its �f/� V NIYCI Manager. �� J generald artner 1 genera partner By: Mayor BY: =STATE OUNTY, MINNESOTA OF MINNESOTA q /� ' /J PROPERTY TAX AND PUBLIC RECORDS DEPARTMENT, HENNEPIN C - COUNTY OF HENNEPIN , • i� da of ��GCB/nGG 19 by Lf2T./ S • I hereby certify that taxes payable in 19� and prior years have been paid in full for all land described on this • The oyegoing instrument was acknowledged before me th is Y + plat. _ d //YlGS a general partner of Brookdale Office Park Partnership, a Minnesota general partn rship, on Dated this 'day of , 19 —• behalf of said partnership. Patrick H. O'Connor, Hennepin County Auditor BY: Deputy VICKI S. VANBELLE .. lbumPUU:•M o;n N ar Public' Hennepin ou ty; Minnesota RAAISEYCOUNTY My Commission .Expires SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA , f9_. Mlta ' M td1999 ".., Pursuant VI MINN. STAT, Sec. 383 B.565 (1969,) this plat has been approved this da, of to STATE OF MINNESOTA COUNTY OF HENNEPIN .aid day of beee4/>' , 19 A!L by Gary F. Caswell, Hennepin County Surveyor BY: T e f r9�€y�poi g instrument was c before me this "J7/ the DrtS..pa. knowledged >- C & G Transcontinental Developers, Inc., a Minnesota corporation, on REGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTA bah f of said corporation. - -- ... I he certify that the within plat of BROOKLYN CROSSING 3RD ADDITION was filed for *ecord in this office this VICKI S. YANBELLE " day of 19_, at o'clock _.M. Nmrm Rxe•MnrEmn Deputy RAMSEYCOUNTY N a Publ , Hennepin Coup t�'y, Minnesota R. Dan Carlson, Registrar of Titles BY: �tammrol�nik lggg My Commission Expires i 3220 County Rd. 10 (BROOKLYN CROSSING) g f3ROOKL JA' CENN TER I F__-a t � PID: 0311821140034 � � •. .�^t it r"l ., 3220 Co Rd No 10 a Brooklyn Center, MN _ 55429 VT.Y•f Y - ��� ,bi a Easement Vacation BROOKLYN CROSSING 321210 COUNTY RD . 10 Item Sb. Public Hearing Vacation of Easements Regular City Council Meeting: October 10, 2011 BROOKLYN CROSSING I%riark•Venvef•I)Mrod Lakes•Fargo•mir-sapcas•sma rail: 5201 E"I FWer Hoad.Suite 306 W.-I"IN mi.�.pa 51421 111111r.' 763.57;2500 Fax: 763 S?1 11 6S w M,b W�.Aeq.�' Lot 2 , Block 1, EASEMENT VACATION EXHIBIT BROOKLYN CROSSING 11-- = Z f— Z l— 0 so 1001 Lij ILU > ; M LINE OF LOT 2 __IN < _'et�—NCRTH Plat UTILITY EASEMENT DEDICATED 0�' ��/—ON THE PLAT OF BPOOKLYN Release and Termination K CROSSING of platted utility WEST LINE easement OF LOT 2, IZ BLOCK 1, --71 I'll BROOKLYN WEST LINE OF LOT 2, 411 CROSSING BLOCK 1. BROOKLYN CROSSING 3RD ADD. Request from property owner to free up this BASS encumbrance found (COUNTY ROAD ROAD through recent title EASEMENT TO BE,VACATED IVQ 70) DESCRIPTION OF EASEMENT TO BE VACATED: I hereby certity that this survey,plan,or report was prepared by me or under my direct supervision and work That portion of the publicly dedicated utility easement lying that I am a duly Licensed Land Surveyor under the within Lot 2.Block 1,BROOKLYN CROSSING,Hennepin laws of the State of Minn ota. County,Minnesota,depicted as running from the south end of Abbott Avenue North southwesterly to the west line of Lot , err 2.BIOC6(1,said BROOKLYN CROSSING. Mchadl E.Canhon Lk—No x0-035 Date: BROOKLYN CROSSING 3RD ADDITION Easement replaced by dedicated utility easement as part of BROOKLYN CROSSING 3RD ADDITION Plat dating back to 1992 CQOSSIMG 3RD ADDITION t7, it-I Kai 4 qEy IA BLOCK Nr :7.4 P_vft BROOKLYN CROSSIN Easement Vacations Requested Council Action : • Motion to open Public Hearing • Motion to take public input • Motion to close Public Hearing • Motion to adopt Resolution Item 8b. Public Hearing Vacation of Easements Regular City Council Meeting: October 10, 2011 • City Council Agenda Item No. 10a • COUNCIL ITEM MEMORANDUM • DATE: October 10, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 5825 Colfax Avenue N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 5825 Colfax Avenue N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on eleven (11) property code violations found during the initial rental license inspection. 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 r ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06 -13 -11 Brahana Tsegaye applied for an initial rental dwelling license for 5825 Colfax Avenue N, a single family residential property. 07 -11 -11 An initial rental inspection was conducted with 11 orders cited. (See attached rental criteria.) 08 -16 -11 A second rental inspection was conducted and passed. 09 -30 -11 A letter was sent to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, 1I, and III of Crime Free Housing Program, etc.) 09 -19 -11 A Mitigation Plan was submitted. 09 -23 -11 The Mitigation Plan was finalized. If approved, after six months, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the • mitigation plan must also be met. Excerpt from Chanter 12 of Citv Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualified for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider; among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and /or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe conumnity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 - 0.75 Type II — 2 Year 1 -2 units Grea than 1 but not more than 4 3+ units. than 0.75 ibut not more than 1:5 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 3 + 1.5 units Greater than but not more than` 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units! Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include • disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3 -4 units 0 -0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greaterfhari 0':25 not but more "than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3_4 units Greater-1 an I 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 B 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 conununi07 that enhances the quality of life and preserves the public trust • t City of Brooklyn Center Phone: 763 -569 -3300 6301 Shingle Creek Parkway TTYlvoice711 Brooklyn Center, MN 55430 -2199 Fax-763 -569 -3494 www.cityofbrooklyncentezoig Rental License Mitigation Plan (Type IV License) Handwritten plans will not be accepted Please type or use fellable form on City webstte. Priperty Address 5825 Ave, Noah, Brooklyn .?center flu ner Name Brahana Tsegaye Lot ai Ag ent Owner Address Agent Address 13802 Granada Way, _ ;Appf� Vane MN; 55124' � ,: _ Y� QwnerPhorie 651 442 5574 Agent Phone .Nd Email Agent Email 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 and iden ' ossible solutions to improve the overall conditions of the pro perty. ,r 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 - 71 2 . Copy of Lease including Minnesota Crime Free Housing Lease Addendum E -7-13- Submit written report by 10 of each month (after license approval). 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 -22 -1 Phase H Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: - 2 0 - 11 Improvements to be completed by: Page I Type N Mitigation Plan 4 -11 .._....... Phase III I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 09 /08/2011 & 11/10/2011 I will have no repeat code violations previously documented within the past year. For properties with four or more units. I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. ��echon ; = � -�Lipb '#`eTSn�a talIm'``rovemeuts�'latt ;` `. .. Future ' Date Last Replaced Replacement Date Furnace /AC 04120190 04/20/16 Water Heater 09/30102 09130/18 Kitchen Appliances L' Laundry Appliances Exterior — - Paint/Siding 07101110 07/01/12 - Windows 4 windows repWced 0811 5 w indows 0 8112 -Roof about 10 years ago 07/19 -Fence I —d—MpW dan -Shed no shed - Garage - Driveway good condition - Sidewalks good condition Smoke Alarms & Carbon Monoxide Alarms 08111- Other 'Senn)�.te tarn roYe.tl.$na em�iatapd,C7pn±diop�tI'r~a e, 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. =Provide maintenance service plan for appliances. Name of service company: I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other F✓-, 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 with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result Brahana Tsegaye Owner or Agent Name and Title (Please Print) �i ` Owner or Agent Signature Date Additional Owner or Agent Name and Title (Please Print) (if applicable) Additional Owner or Agent Signature (if applicable) Date / -404T'-� 2&�� Police Department J Title Date • Building & ommunity giandards Department /Title -I Date f f Page 3 Type W Mitigation Plan 4 - • City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: October 10, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 6207 Colfax Avenue N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 6207 Colfax Avenue N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on nine (9) property code violations found during the initial rental license inspection and zero (0) 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: 05 -17 -11 Long Yang applied for a renewal of the rental dwelling license for 6207 Colfax Avenue N, a single- family residential property. 06 -03 -11 An initial rental inspection was conducted. The owner was not on site and the inspector was unable to gain access. 06 -30 -11 A second rental inspection was scheduled. (Nine orders cited, see attached rental criteria.) 08 -01 -11 A reinspection was conducted and the inspection passed. 08 -01 -11 Zero validated police incident /nuisance calls occurred in the past 12 months. 08 -22 -11 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 09 -07 -11 A citation was issued for failing to submit a mitigation plan. 09 -15 -11 A Mitigation Plan was submitted. 09 -23 -11 The Mitigation Plan was finalized and approved. Mission: Ensuring an attractive, clean, safe comnurnity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM If approved, a new rental license will be required. The license process will begin immediate) • pp � . q P g Y The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and • regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe co`nrnunity that enhances the quality of life and preserves the public trust- COUNCIL ITEM MEMORANDUM • Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. . 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria • License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units` 0 -0.75 Ty II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 165 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 3 +units Greater than 1.5 but not in6re than 3 " Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. • Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3 -4 units 0 -0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0:25 but not more than 1. 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than 1 5 or more units Greater than 0.50 s Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anti 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 COUNCIL ITEM MEMORANDUM City of Brooklyn Center Phone: 763 -569 -3300 6301 Shingle Creek Parkway TTYlVoice 711 Brooklyn Center, MN 55430 -2199 Fay: 763 -569 -3494 www.cityotbrooklyncenter.org Rental License Mitigation Plan (Type IV License) Handwritten plans wdl not be acc fpted Please �e or use fellable orm on Cdy website .� a a• '.v i,,, '`F-v _ � &,�.�. � y , 5 �.� " yz h �. �'' ,;.� l �RS, �d ^� y rte' - � TSa +ii'1d,a+ '1 -{• t.S `t d�l' AV`�y4..'`�... ' w' . } `d� v .f _ C`. tp `n,. " SU um mm" ,WM.. 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 and identif possible solutions to im rove the overall conditions of the ro e 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. ©r2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum E j�T3. Submit written report by 10 of each month (after license approval). 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: 7Pba II ' Complete Security Assessment and implement all security improvements recommended by the 111 III Brooklyn Center Police Department. Date Scheduled: 0 Improvements to be completed by: Z5 J t Page 1 Type IV Mitigation Plan 4 -11 • Mission: Ensuring an attractive, clean, safe comnutnity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Phase I will attend a minimum of 50% of the ARM meetings (two). I I will attend the ARM meetings scheduled for: I will have no repeat code violations previously documented within the past year. Forproperties with four or more units: =I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Future Date Last Replaced Re 31acement Date Furnace /AC L' 0 Water Heater 2-0) Kitchen Appliances 2 Laundry Appliances I Exterior � - Paint/Siding - Windows -Roof Q • -Fence =Shed - Garage - Driveway LU - Sidewalks 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. histall security system. [ 'rovide maintenance service plan for appliances. Name of service company: �j I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other l � 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 r _ Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. I O er or Agent N e an Title (Please Print) (1 U. Own or Agent Signature Dat6 Lon Additional Own or Agent NaT1 and Title (Please Print) (rf applicable) Additional Owne or Ag nt Sign re (f applicable) Date olice Department Z Title Date r Bui mg & Community Standards Department ( Title Date Page 3 Type IV Mitigation Plan 4 -11 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City Council Agenda Item No. 10c • • COUNCIL ITEM MEMORANDUM DATE: 5 October 2011 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Service SUBJECT: Committee to Review Financial Advisor RFP's Recommendation: It is recommended that the City Council consider approval of 2 members of the City Council and 2 members of the Financial Commission to serve on a committee to review and interview respondents to the Request for Proposals for Financial Advisory Services dated 26 August 2011. Background: The City Council Code of Policies Section 2.80 requires solicitation of responses to a Request for Proposals (RFP) for certain financial professional services. For most of the RFP's the review and recommendation of a proposal for adoption is done by the City Manager and Finance Director. In the case of Financial Advisor for Bond Sales a committee of 2 Council members, 2 Financial Commissioners and the City manager and Finance Director are to review and make the recommendation. The composition of the committee is to be approved by the City Council. • Please see the attached Code of Polices section for details. For the 2011 responses to the RFP for Financial Advisor Services it is proposed that Council members and along with Financial Commissioners and be approved to serve on the Review Committee with the City Manager and Finance Director. Budget Issues: There are no budget issues to consider. Council Goals: 2. We will ensure the financial stability of the City Mission: Ensuring an attractive, clean, safe cotmmnunity that enhances the duality of life anal preserves the public trust SECTION H - GENERAL POLICIES City Council Code of Policies SCHEDULE FOR PROFESSIONAL SERVICES POLICIES • 2.80 Policy and Procedure on Requests for Proposals for Financial Professional Services 1. Need for Policy The City needs a policy and procedure to provide for the orderly conduct of requesting proposals for professional services for handling financial affairs, to ensure that all services will be periodically reviewed, and that the proper balance will be maintained between cost and quality of services. 2. Policy A. All professional services in the area of City finances will be periodically let out for request for proposals (RFPs) according to an established schedule. B. Service levels will be monitored by the City Council and Staff and if unsatisfactory service is received, that contract will be re- advertised prior to the year set in the schedule. C, Quality of service will be the primary factor in awarding a contract• for professional service, but cost will also be a determinant. 1 3. Procedure - • A. A schedule shall be established for the conduct of RFPs. The schedule should be adhered to unless there is a performance problem or other justification for an earlier RFP. Going to the market too frequently with RFPs expends Staff time, requires extensive orientation of new professionals, and discourages quality firms from submitting proposals at their most attractive price since they will expect to only have the contract for a short time. B. Specifications tailored to the professional service to be advertised will be prepared by Staff, reviewed by the Financial Commission, and approved by the City Council. C. _ A review committee made up of the City Manager and Finance Director shall review proposals for Banking Services, Insurance Agent, Risk Management Consultant, and Custodian for Investment Securities. =Proposals. =fox , Auditor and F nandial -- Advisor shall: be initiall screened by: Staff; and then reviewed. -by - committee.-.of= City ;.Council Members and Financial ,.Commission- Members appointed, by .;the Ma or-( m .. consultation . with_. the Chair`. of the Financial Commission; with AhQ2 approval. of the e -Ci Council which committee shall also include the City Manager and Finance Director. City of Brooklyn Center 10/23/06 Page 262 SECTION H - GENERAL POLICIES City Council Code of Policies D. The specifications will emphasize the abilities, qualifications, and experience of the applicant firms to provide high quality service to the City. Price will be considered after one or more applicants have been identified as providing the desired' quality of service. When appropriate, the specification shall require prices to be submitted in a separate, sealed envelope to be opened after applicants have been ranked according to quality. E. The City Manager shall make a recommendation to the City Council of a provider to be appointed to a multi-year engagement. It shall be written in the engagement that the appointment may be terminated earlier. ..�r — i„_X - �s.� =. � = �, ' — �-, _. -_ , � ; Eye:=.: .. .. , ...:�.�.:s �_ e... - ' �',sr ' y,.�,.�t'•. : ' :.'�,'.�.x." e.'s., o'�i ; .�il�r,"x�r'�.,A� ?�' _� . -_ - — .� ��"L;1'.•� �:. ri''v'�. eza— .i3:- �� --AruS - _. _.._ .. v I. _ _ �+F.�� ay � �•. _ _ �i2i _ — _ — _— � .v ix- �eei! - .. ._ -•__. x_. «3 � :•°n: a 'L ni:�xv: —_:�� :4i1 wl��s��o�.':�r<wF�T' _ _.3'•f:..._ Tyke flfrSeces Financial Banking Insurance Management Agent Risk Custodian for Auditor Advisor for Services g g Consultant Investment �A Bond Sales °- Securities 6 years 6 years 6 years 6 years 6 years 6 years of �Reren7 2004 2002 2003 A.M 2003 1998 2002 Q 6 � RFP UzQg RFP f 2009 RFP RFP ( RFP RFP RFP RFP _.., RFP ??$17a RFP *Awarded to Deloite Touche who subsequently withdrew after the FY 2001 audit Balance of engagement awarded to HLB Tautges Redpath for FY 2002 — FY 2006. Reference: City Council Resolution Nos. 2006 -120; 2000 -120; 99 -20; City Council Minutes 5/28/96 City of Brooklyn Center 10/23/06 Page 263 AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 10, 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. Administrative Penalty Program Report 2. Driveway Repair Standards PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Garbage Hauler Organized Collection Update - October 24, 2011 2. Youth Participation Request - October 24, 2011 3. Sanitary Sewer Rate Structure - October 24, 2011 4. Random Acts of Kindness - November 28, 2011 5. Fire Relief Association — November 2011 6. Neighborhood Designations - December 12, 2011 7. Progress Reports on Achievement of Strategic Goals - January 2012 8. Annual Department Year End Reports - February 2012 9. Property Maintenance — Including Snow Removal - February 2012 10. National League of Cities Service Line Program - February 2012 11. Highway 252 Update - March 2012 12. Sister City Update - January 2012 13. Active Living Program - January 2012 i Work Session Agenda Item No. 1 • MEMORANDUM - COUNCIL WORK SESSION DATE: October 10, 2011 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager /Director of Building and Community Standards SUBJECT: Administrative Penalty Program Report Recommendation: A summary of the activities and results of the Administrative Penalty Program is provided for review by the City Council. Background: In April of 2010 the City Council adopted an ordinance authorizing the City to establish an administrative penalty program as an alternative to the criminal court system. The program systems and materials were developed and the program was implemented in June of 2010. Administrative citations have been primarily used for property maintenance and rental licensing violations. The program has been successful at gaining compliance of City Codes without the added time and cost of criminal court. In accordance with the fine schedule, most citations that have been issued are in the amount of $125.00. However, renting without a valid rental license is $300.00. A repeat violation may result in a doubling of the fine up to $2,000.00 each incident. A violator may appeal a citation to a hearing officer. In a few cases, the city may have issued a Hennepin County citation, formal complaint (mandatory court appearance), or city - facilitated abatement in order to achieve compliance if the administrative penalty process was exhausted. Specific Results The following are some examples where the use of administrative citations has been beneficial in achieving results. • Vacant Building Program. The citations have effectively motivated certain bank - owned properties to more promptly designate a representative, register the property as vacant, and maintain the property. Many banks now register prior to receiving a notice. • Rental License Program. Administrative citations have been useful in ensuring landlords meet the requirements of the Type III and Type IV license and proceed through the licensing process in acceptable time periods. For example, submitting Action and Mitigation plans, applying for the license prior to expiration, and reducing delayed license inspection corrections. • Property Code Enforcement. Administrative citations are another useful tool in achieving compliance with health/life safety standards and public nuisances. Often the Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anaipreserves the public trust MEMORANDUM - COUNCIL WORK SESSION i potential of receiving a citation encourages compliance. In cases where administrative citations have been required to facilitate compliance, current data indicates that 77 percent of property owners bring their property into compliance after receiving one citation. Program Statistics Summary of Citations -- June 2010 to September 2011 June- Dec 31 Jan. 1- Sept 30 Total 2010 2011 Number of Citations Issued 136 410 546 Total Citation Amount $23,250 $88,625 $111,875* Number of Citations Dismissed 4 26 30 Note: *Includes stayed fines, but not dismissed fines • Number of Citations Issued Per Fine Amount 400 350 -- -- - - -- 300 • -- •.__..___ ____- _ - 250 _.. _._ ..._..__._.__- _.____.______...____._..-_-•__ .___.....__._.__.__r_._________ 200 _ ___ . -__._. 150 __... _ 100 - -- 3 - -- — 37 $125.00 $250.00 $300.00 $500.00 $1,000.00 $2,000.00 Note: $125.00 and $300.00 are initial citation amounts. Other citation amounts are due to doubled repeat violation citations. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anti preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Summary of Administrative Hearings June 2010 to September 2011 June- Dec 31 Jan. 1- Sept 30 Total 2010 2011 Total Hearings 2 10 12 Hearings Pending 0 3 3 Number of Citations Appealed 5 15 20 Citations Uphel 3 14 17 Hearing Officer Costs $300.00 $900.00 $1,200.00 Citation Amount Before Hearing $750.00 $2,250.00 $3,000.00 Amou Stayed 0 $1,2 $1,265.00 Amount Dismissed by Hearing Officer $375.00 $325. $700.00 Amount Due after Hearing $375.00 $660.00 $1,035.00 • Policy Issues: Does the Administrative Penalty Program meet the original City Council intent? Council Goals: Strategic: 1. We will ensure a safe and secure community 3. We will stabilize and improve residential neighborhoods • Mission: Ensuring an attractive, clean, safe comnuinity that enhances the quality of life and preserves the public trust Administrative Penalty Program Report By: Vickie Schleuning, Assistant City Manager/ Director of Building and Community Standards Brooklyn Center City Council Work Session October 10, 2011 Agenda Background information Overview of implementation Program results Program statistics Q & A Council Work Session October 10, 2011 2 Background Infor ation City charter amended by referendum in the November 2008 general election to enable implementation of an administrative penalty system by the City In April of 2010 , after review City Council adopted ordinance authorizing City to establish administrative penalty program as alternative to the criminal court system In June 2010 , administrative penalty program implemented after systems and materials developed `' Council Work Session October 10, 2011 3 Overview of I pie entation Administrative citations primarily used for property maintenance and rental licensing violations Gaining compliance of City Codes without added time and cost of criminal court In accordance with the fine schedule, most citations issued in the amount of $ 125 . 00. Renting without valid rental license is $300.00 Repeat violation doubles fine up to $2,000.00 each incident ,` Council Work Session October 10, 2011 4 Overview of Implementation cont . . . Violator options Pay fine, correct violation Pay fine, not correct violation, continued enforcement actions until compliance achieved Appeal citation to hearing officer Appeal hearing results to courts City options Alternate or additional enforcement actions Issue Hennepin County citation, Issue formal complaint (mandatory court appearance) City-facilitated abatement '' Council Work Session October 10, 2011 5 Progra Results Examples— Use of administrative citations helps achieve results Vacant Building Program. Motivates certain bank-owned properties to more promptly designate a representative, register the property as vacant, and maintain the property. Many banks now register prior to receiving notice. Rental License Program. Motivates certain landlords to meet requirements of the Type III and Type IV license and proceed through licensing process in acceptable time periods. Examples-- submitting Action and Mitigation plans, applying for the license prior to expiration, and reducing delayed license inspection corrections Property Code Enforcement. Helps facilitate compliance with health/life safety standards and public nuisances. Often potential of receiving citation encourages compliance. Current data indicates 77 percent of property owners bring their property into compliance after receiving one citation. � Council Work Session October 10, 2011 6 s Progra Statistics Summary of Citations June 2010 to September 2011 June- Dec 31 Jan. 1- Sept 30 Total 2010 2011 Number of Citations Issued 136 410 546 Total Citation Amount $23,250 $88,625 $111 ,875* Number of Citations Dismissed 4 26 30 Note: *Includes stayed fines, but not dismissed fines *May be specially assessed if issued to property owner Council Work Session October 10, 2011 7 Progra Statistics cont . . . Number of Citations Issued Per Fine Amount 400 373 350 -- .:;n0 250 - 200 150 100 -i 3 37 50 ---- - _ 0 L '- -- 5125.00 5250.00 5300.00 5500.00 51,000.00 52,000.00 Note: - Time period of June 2010 to Sept 2011 - $125.00 and $300.00 are initial citation amounts. Other citation amounts are due to doubled repeat violation citations. ` y Council Work Session October 10, 2011 8 Progra m cont . Summary of Administrative Hearings June 2010 to September 2011 June- Dec 31 Jan. 1- Sept 30 Total 2010 2011 Total Hearings 2 10 12 Hearings Pending 0 3 3 Number of Citations Appealed 5 15 20 Citations Upheld 3 14 17 Hearing Officer Costs $300.00 $900.00 $1,200.00 Citation Amount Before Hearing $750.00 $2,250.00 $3,000.00 Amount Stayed 0 $1,265.00 $1,265.00 Amount Dismissed by Hearing Officer"--I $375.00 $325.00 $700.00 Amount Due after Hearing $375.00 $660.00 $1,035.00 I Council Work Session October 10, 2011 9 Addressing Council Goals Primary Strategic Goals : 1 . We will ensure a safe and secure community 3 . We will stabilize and improve residential neighborhoods Secondary Helps recover some City costs of providing service Council Work Session October 10, 2011 10 Q & A Does the Administrative Penalty Program meet the original City Council intent and expectations? Thank You X-I '' ` Council Work Session October 10, 2011 11 Work Session Agenda Item No. 2 • 1 MEMORANDUM - COUNCIL WORK SESSION . DATE: October 5, 2011 TO: City Council FROM: Curt Boganey, City Man SUBJECT: Driveway Repair Standards Recommendation: It is recommended that the City Council consider providing direction to staff regarding further action related to changing driveway repair standards Background: At the September 12 City Council Study Session, the Council requested 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 i.e. rehab and resale for profit (minutes enclosed). Below you find the response from the City Attorney. Memo ftom City Attorney t The City Council has asked for comment on the question of the legality of imposing an obligation on landowners of rental property and vacant property to pave driveways, a standard that does not currently apply to other properties in the city. State and federal constitutions require that citizens be treated equally under the law. This means that similarly situated persons must be treated in the same way. Where the law creates classifications and treats different classifications of citizens differently, there must be some rational basis for distinguishing between the classes created. The city council could conclude that rental properties should be held to a higher standard, partly as a matter of consumer protection. Rental properties are treated in many ways as business enterprises, and are held to higher standards than are applied to single family residential properties. Therefore, I believe the council could legally impose an obligation on rental properties to pave driveways even if that obligation were not imposed on similar properties that were not rented. It is more difficult to see a rational basis for setting higher standards for owner occupied, single family houses that have been vacant at some point in time. The city's vacant house ordinance requires that properties be brought up to certain standards after a period of vacancy, before they are reoccupied. However, the proposal here is not to require that vacant properties be brought up to standards applicable to other identical properties in the neighborhood but rather to impose an obligation to construct a driveway that may never be applied to other properties in the neighborhood. There may be some basis for singling out houses that have been vacant, and requiring them to meet higher standards for driveways than other similar properties, but it is not Mission: Ensuringq an attractire, clean, safe community that enhances the quality gflife andpreserves the public trust MEMORANDUM - COUNCIL WORK SESSION apparent to me. On the other hand, if the city council decided that all new driveways in the city • must be paved, it could also require properties with existing unpaved driveways to come into compliance at some time in the future, upon the occurrence of certain events. Those events might include, for example, sale of the property, reconstruction of the driveway, or at some specified date in the future. One of the events that could be made to trigger a current obligation to pave the driveway would be re- occupancy of a property after some period of vacancy. Policy Issues: Are they changes to the drive repair ordinance that the Council would support? Council Goals: Select not more than two. Strategic: 1. We will stabilize and improve residential neighborhoods • Hission; Ensuring an attractive, clean, safe conunun4y that enhances the quality of life and preserves the public trust 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- 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 p q Y Y 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. Councilmembe great 'o in the r Lasman complimented Mr. Lillehaug s staff on the g job Palmer almer Lake P 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 SESSION 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- • 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 Study Session at 6:53 p.m. Motion passed unanimously. 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- 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-