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HomeMy WebLinkAbout2011 11-14 CCP Regular Session . AGENDA CITY COUNCIL STUDY SESSION November 14, 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 November 14, 2011 AGENDA • 1. Informal Open Forum with City Council — 6:45 p.m. — provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. October 17, 2011 — Joint Work Session with Financial Commission 2. October 24, 2011 — Study Session/Work Session 3. October 24, 2011 — Regular Session 4. October 26, 2011 — Special Meeting /City Manager Performance Review b. Licenses C. Resolution Authorizing Proposed Use of Auto Theft Prevention Grant d. Approval of Site Performance Guarantee Release for Ewing. Square Townhomes (6242 France Ave N) e. Resolution Requesting a Variance from Standard for State Aid Operation for Project No. 2011 -06, Shingle Creek Parkway Street Improvements, S.A.P. 109- 109 -033 f. Resolution Approving Transfer of Funds from Earle Brown Heritage Center • Operating Fund to Earle Brown Heritage Center Capital Fund CITY COUNCIL AGENDA -2- November 14, 2011 7. Presentations/Proclamations/Recognitions/Donations –None. 8. Public Hearings a. An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Commercial Kennel Licenses and Potentially Dangerous and Dangerous Dog Registrations –This item was first read on October 24, 2011; was published in the official newspaper on November 3, 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. 9. Planning Commission Items a. Planning Commission Application No. 2011-018 Submitted by Brett Hildreth. Request for Preliminary Plat/Subdivision Approval of Evergreen Villas, Located th at 720 and 800 69 Avenue North, to Replat Two Existing Parcels into Two (New) Platted Lots. The Planning Commission recommended approval of this application at its October 27, 2011, meeting. 1. Resolution Regarding Disposition of Planning Commission Application No. 2011-018, Submitted by Brett Hildreth on Behalf of 720 Company, LLC Requested Council Action: –Motion to adopt resolution. 10. Council Consideration Items a. Resolution Summarizing the Evaluation of the City Manager Requested Council Action: –Motion to adopt resolution. b. Consideration of Rental License for 5807 Drew 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. CITY COUNCIL AGENDA -3- November 14, 2011 C. Consideration of Typ e IV 6 -Month Provisional Rental License for 6800 Dupont • 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. 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. i AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 14, 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 PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sanitary Sewer Rate Structure — November 28, 2011 2. Random Acts of Kindness —November 28, 2011 3. Youth Participation Request —November 28, 2011 4. Neighborhood Designations — December 12, 2011 5. Fire Relief Association — December 12, 2011 6. Progress Reports on Achievement of Strategic Goals — January 2012 7. Annual Department Year End Reports — February 2012 8. Property Maintenance — Including Snow Removal — February 2012 9. National League of Cities Service Line Program — February 2012 10. Highway 252 Update — March 2012 11. Sister City Update — January 2012 12. 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 JOINT WORK SESSION WITH FINANCIAL COMMISSION OCTOBER 17, 2011 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Steve Landis, Dean Van Der Werf, Anissa Hollingshead (arrived at 6:35 p.m.), Dan Schueller (arrived at 6:41 p.m.), and Teneshia Plunkett (arrived at 6:58 p.m.). UTILITY FUNDS AND RATES City Manager Curt Boganey discussed that tonight's meeting was to develop a consensus and provide direction to staff regarding the proposed utility budget and rates. New information was provided with regards to the changes from the 2011 Capital Improvement Program (CIP) to the proposed 2012 CIP and the changes were outlined for years 2012 through 2016. City Manager Boganey informed that the Recycling Fund has no rate increase proposed for 2012 and that $8.43 per quarter is being recommended for continuation through 2012. Public Works Director /City Engineer Steve Lillehaug outlined the Sanitary Sewer, Storm Drainage, Street Light, and Water Utility Funds. During this discussion it was noted that new pressures are creating the significant change to the utility funds because of new projects and updated project costs. These changes increased the 2012 CIP to a total of $4,576,500 with a breakdown as follows: Water $2,285,500; Sanitary $1,279,000; Storm $392,000; and Streetlight $620,000. The proposed rate impacts for these utility funds in 2012 areas follows: Sanitary Sewer 3.0 percent increase to $22.59 monthly residential rate, a $ 0.66 per month increase; Storm Drainage no increase at this time, remaining at $4.83 per month per dwelling; and Street Light a 25.26 percent increase to a $4.95 quarterly rate per dwelling, a $1.00 per quarter increase. The Water Utility Fund was • discussed in more detail. Two scenarios were provided. 10/17/11 -1- DRAFT The first was continuation of the normal schedule with a rate increase of 3.5 percent resulting in a . rate of $1.45 per 1,000 gallons. The second was an alternate schedule for an 8.0 percent increase to a rate of $1.51 per 1,000 gallons in order to generate more cash for Capital Improvements. There was discussion regarding whether or not this would be the time to borrow or bond money and consensus was to have scenarios prepared and brought back for direction as to whether or not this would be a direction to consider before adopting the utility rates. MEETING TO CONSIDER FUNDING FOR STREET RECONSTRUCTION AND BUILDING MAINTENANCE PROGRAMS City Manager Boganey informed that he would like to schedule an additional meeting to consider funding for Street Reconstruction and Building Maintenance Programs since there is a substantial gap remaining and final consensus on direction is needed. After discussing dates, there was consensus that a meeting would be scheduled for November 21, at 6:30 p.m. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at 7:49 p.m. Motion passed unanimously. • 10/17/11 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 24, 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, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ran requested discussion on Item 6d An Ordinance Amending Chapter 1 of Y q � g P the City Code of Ordinances Relating to Commercial Kennel Licenses and Potentially Dangerous and Dangerous Dog Registrations, specifically relating to whether language referencing kennel licenses should be eliminated since the City no longer issues kennel licenses. Mayor Willson noted kennel licenses are referenced in the title and Section 1, which alerts the reader there are regulations. Councilmember Lasman clarified that commercial kennel licenses are still issued for uses like veterinarians. Mayor Willson requested the following correction to the Work Session minutes of October 10, 2011: Page 2, paragraph prior to adjournment: "...consensus was reached to not move forward with driveway repair standards." It was the majority consensus of the City Council to accept the correction to the October 10, 2011, Work Session minutes. MISCELLANEOUS 10/24/11 -1- DRAFT Councilmember Kleven stated Wings Financial has removed the concrete steps and it looks • wonderful. Councilmember Kleven asked for an update on placement of bicycle racks. Public Works Director /City Engineer Steve Lillehaug explained the bicycle racks from Minneapolis have not yet been received and placed so they will be installed next year. He indicated that some bicycle racks were put into the park as part of another project. Councilmember Lasman suggested staff be asked to prepare a resolution of appreciation for Centennial Celebration Committee members. The City Council supported this suggestion and directed staff to prepare the resolution for the City Council's adoption. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS GARBAGE HAULER ORGANIZED COLLECTION UPDATE Mr. Lillehaug provided a brief overview of organized garbage collection, noting the City Council had discussed this topic at its November, 2010, Work Session and asked staff to evaluate potential cost impacts /savings. He presented examples of garbage hauler service rates, noting that most studies and Y comparisons show an organized system's rates are less; however, it is p g difficult to obtain accurate comparisons of what Brooklyn Center would experience. Mr. Lillehaug noted the City of Maplewood looked at a city -wide savings of $500,000 assuming 9,000 households at a savings of $55 per household. Mayor Willson asked if staff time was factored into the savings. Mr. Lillehaug stated he has not Y g g analyzed costs for staff time but would estimate a one - quarter position at $25,000. Councilmember Lasman stated her impression that the current Brooklyn Center rates were lower than with an organized system. Mr. Lillehaug stated it is correct that some Brooklyn Center rates are lower than the averaged rates of organized systems. However, a larger study would be required to confirm that to be the case. He noted the City of Brooklyn Park did such a study and determined there were potential savings of 10 -30 %. City Manager Curt Boganey stated he has worked in cities with organized collection and found it would be difficult to have organized collection without lower rates, on average, because it costs less to deliver the service due to increased volume per block. With regard to staff costs, Mr. Boganey explained that once the system is organized and contracts signed, the ongoing administrative costs would be relatively insignificant as long as there is a good provider. However, if there is not a good provider, staff would receive and have to respond to many telephone calls of complaint. Mr. Lillehaug agreed the average rate would be lower with an organized system; however, some haulers offer special low rates for six months so it may be difficult to get an organized system lower than what the average resident is currently paying. 10/24/11 -2- DRAFT Mr. Lillehaug presented an analysis of infrastructure impact costs, estimating organized hauling S would result in an 8% reduction in total daily trucks trips, which would result in little if any cost savings in most original pavement designs but noted there may be a minor decrease in maintenance at the end of the roadway life. Mr. Lillehaug advised that Brooklyn Park decided, in September of 2011, to no longer pursue an organized system due to apparent lack of public support. Maplewood, in October of 2011, issued RFPs for a single organized provider for implementation in October of 2012 and is projecting a $500,000 rate savings. The primary advantages of an organized system are lower prices, reduced truck traffic, and community control over waste management decisions. The primary disadvantage is the inability for people to choose their own hauler. Mr. Lillehaug asked the City Council if it supported pursuing organization of a garbage collection system within Brooklyn Center. Mayor Willson referenced a conversation with the Brooklyn Park Mayor Pro tem who indicated a core group of residents had supported organized collection but once the public became aware, they attended meetings to voice objection. Mr. Boganey stated that typically happens when haulers campaign against organized collection. Councilmember Kleven thanked staff for the informative and thorough report, noting Brooklyn Park did extensive research and its demographics are the same as Brooklyn Center's. She stated she understands people like the ability to choose their garbage hauler and does not support • organized collection. Mayor Willson stated he does not support organized collection. Councilmember Ryan noted haulers send notices of rate specials so the amount saved is dependent on the customer's ability to shop for a competitive rate. He indicated his concern relates to up -front costs, resident pushback, negative reaction, and potential of staff time if there are problems with the hauler. He stated staff has indicated road infrastructure impacts from garbage trucks are not that severe. Councilmember Ryan indicated he does not support organized collection, noting the City can observe efforts of Maplewood and revisit the issue in the future, if desired. Councilmember Lasman stated she does not support changing what the City has and is glad to see road impacts are not significant when factoring in all truck traffic. She felt the City Council made enough decisions for its residents and as long as the current system is working well, residents have the opportunity to pick and choose haulers and can change companies if they are not happy with the service. Councilmember Kleven asked whether the City could determine to not license additional haulers beyond the current nine companies. Mayor Willson explained a moratorium would be required to change the ordinance and such an action would throttle free enterprise. • 10/24/11 -3- DRAFT Mayor Willson indicated the staff study contained excellent data and was very well done. He apologized for the staff time spent on this endeavor when there is a clear consensus by the City Council to not move forward. The unanimous consensus of the City Council was to not pursue an organization of garbage collection system within Brooklyn Center. SHINGLE CREEK TOWERS APARTMENTS Mr. Boganey introduced the item and explained that Shingle Creek Towers Apartments had been auctioned several months ago but the Federal Housing and Urban Development (HUD) ultimately rejected the successful bidder and decided to hold a new auction. The City was notified that the October 20, 2011, HUD foreclosure sale of Shingle Creek Towers Apartment located at 6221 Shingle Creek Parkway has been rescheduled to November 10, 2011. HUD has decided to restrict the eligible bidders to include only nonprofit organizations and government agencies. Director of Business and Development Gary Eitel presented two aerial photos of the subject property, noting it is adjacent to the City Hall parking lot/Centennial Park. He described the 122 -unit apartment building, noting it is centrally located to services, retail, and transportation. Mr. Eitel advised that the NSP account has about $1 million that would be eligible should the City Council choose to pursue purchase. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL • Councilmember Lasman moved and Councilmember Ryan 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 6:48 p.m. Motion passed unanimously. SHINGLE CREEK TOWERS APARTMENTS — CONTINUED Mr. Eitel asked whether the City Council has any interest in the EDA pursuing acquisition of the property, making improvements, and then conveying the property. Mr. Boganey stated, based on Hennepin County feedback, if the EDA chooses not to act there will probably be nonprofit bidders that meet all specifications established by HUD in terms of how property will continue to be operated. Shingle Creek Towers Apartments would continue as affordable housing for families. Mr. Boganey stated he thinks the only reason the EDA might • 10/24/11 -4- DRAFT have an interest in being engaged in the process is if it felt a conversion from family to seniors, over time, would be an appropriate action to take. The City Council discussed the condition of the building, noting it had been remodeled in 2003 but remained an aging structure with small sized units, community room, and laundry. In addition, only a few apartments were handicapped accessible so extensive remodeling would be required to accommodate senior housing. It was the unanimous consensus of the City Council to not pursue the purchase of Shingle Creek Towers Apartments. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:58 p.m. Motion passed unanimously. • 10/24/11 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 24, 2011 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. • Larry Hansen, 7212 Dallas Road, requested clarification on his Type III rental license. Mayor Willson directed Mr. Hansen to contact City staff. Diane Sannes, 7006 Willow Lane, thanked City staff for making Brooklyn Center a better place, including Tom Bublitz for his 28 years of responsive and fair service. Councilmember Lasman moved and Councilmember Kleven seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION As the invocation, Councilmember Lasman requested a moment of silence and personal reflection for the well being of our community, State, and nation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. • 10/24/11 -1- DRAFT . 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, Police Chief Kevin Benner, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda, as amended, with amendments to the Work Session minutes of October 10, 2011, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 10, 2011 — Study Session 2. October 10, 2011 — Regular Session 3. October 10, 2011 — Work Session 6b. LICENSES COMMERCIAL KENNEL Gentle Touch Animal Sanctuary 4900 France Avenue N. Paws Inn, LLP 4902 France Avenue N. MECHANICAL Damyan's Heating and Cooling, LLC 7900 Excelsior Blvd., Ste. 300, Hopkins K B Service Company 430 County Road D East, Little Canada Legacy Mechanical Services 9714 Woodcrest Court, Monticello Metro Plbg. & Htg. of St. Joseph, Inc. 545 8 th Avenue NE, St. Joseph Midwest Maintenance & Mechanical 710 Pennsylvania Avenue S., Mpls. ' RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 360966 th Avenue N. Bradley McKnight 7036 Halifax Avenue N. John Pham 5338 Irving Avenue N. Joseph Noonan 5929 Lyndale Avenue N. Jean Darnell 7081 Unity Avenue N. Scott Barrett • RENEWAL (TYPE II — two-year license) 10/24/11 -2- DRAFT 1555 Humboldt Place N. ShoeMiller Properties • RENEWAL (TYPE I— three-year license) 4450 58 Avenue N. — Basswood Apts. James Lupient 6305 Camden Ave. N. — Melrose Gates Apts. Soderberg Apt. Specialists 833 57 Avenue N. Bruce Goldberg 1106 Emerson Lane Jan Dietrich 6901 Morgan Avenue N. Comfort Bropleh 7007 Morgan Avenue N. Lin Shuang LLC 6c. RESOLUTION NO. 2011 -140 APPOINTING ELECTION JUDGES TO SERVE IN SPECIAL ELECTIONS 6d. FIRST READING OF ORDINANCE AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES RELATING TO COMMERCIAL KENNEL LICENSES AND POTENTIALLY DANGEROUS AND DANGEROUS DOG REGISTRATIONS AND SETTING SECOND READING AND PUBLIC HEARING FOR NOVEMBER 14, 2011 6e. RESOLUTION NO. 2011 -141 AUTHORIZING THE COMMUNITY ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO APPLY FOR GRANT FUNDING THROUGH THE HENNEPIN YOUTH SPORTS PROGRAM - 6f. APPLICATION AND PERMIT FOR TEMPORARY ON SALE LIQUOR LICENSE SUBMITTED BY THE CHURCH OF ST. ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD NOVEMBER 5, 2011 6g. APPOINTMENT OF AN INDEPENDENT FINANCIAL ADVISOR Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2011 -142 EXPRESSING RECOGNITION AND APPRECIATION OF TOM BUBLITZ FOR OVER 28 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a resolution expressing recognition and appreciation of Tom Bublitz for his service to the City of Brooklyn Center. Councilmember Kleven moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011 -142 Expressing Recognition and Appreciation of Tom Bublitz for over 28 Years of Dedicated Service to the City of Brooklyn Center. • 10/24/11 -3- DRAFT Motion passed unanimously. 7b. PROCLAMATION DECLARING OCTOBER 24, 2011, TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY Councilmember Lasman moved and Councilmember Ryan seconded to approve PROCLAMATION Declaring October 24, 2011, to be Designated as Random Acts of Kindness Day. Mayor Willson read in full a proclamation declaring October 24, 2011, as Random Acts of Kindness Day in the City of Brooklyn Center. Motion passed unanimously. 7c. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY Councilmembers read nominations and Mayor Willson presented certificates to the following recipients in recognition of their Random Acts of Kindness: Rob and Bev Slind; Keith Mitchell; Geri and Dave Sorensen; 4 Park Center Students; Scott Lund; Larry Saas; Tim MacMurdo; John and Jaynee Lee; Lucy Tyrpa; CUB Foods, Dana Anderson; Amaya Basumatary, Diane Sannes, Pastor M. Evans and Pastor R. Morey of Brooklyn Untied Methodist Church; Ellie Jones of Hennepin County Environmental Services; Jill Dalton; Mark Allen of Allen Property Services; Brooklyn Center Lions; Gardening Matters; Allan Hancock; Darryl Sannes; Emily Anderson of Association for Nonsmokers - Minnesota; Steve Spector of Riverwood Estates Apartments; Steve Olson of Mn/DOT Camden Station Crew; Chief Kevin Benner of Brooklyn Center Police Department; Paul Engelman of Brooklyn Center UPS Store; Deborah Karasov and Mark Turbak of Great River Greening; Noah Hager of Panera Bread; Omar Ansari of Surly Brewing Company; Linda Scheid Family; Chief Lee Gatlin of Brooklyn Center Fire Department; Sarah and Alexander Topoh; AMF Earle Brown Lanes; Tim Roche and Family; Community Emergency Assistance Program; Brooklyn United Methodist Church; Cross of Glory Lutheran Church; Lutheran Church of the Master; St. Alphonsus Catholic Church; Peggy Strickland; Ada Beh; Fran Davis of Brooklyn United Methodist Church; Nora Ryan; Beta Sigma Phi, Laureate Delta Chapter; Kevin Kennedy of SuperAmerica; Tutoring at Brookdale; Friends of the Brookdale Library; Best Buy Employees; Brookdale Booker's Book Club; and, Brooklyn Center Women's Club. The Council extended its congratulations to all recipients and thanked them for making Brooklyn Center a better community. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2011 -05 RELATING TO THE REGULATION OF SIGNS; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 34 -110 AND 34- 140, AND ADDING NEW SECTION 34 -211 • 10/24/11 -4- DRAFT City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to allow a mural on the Mn/DOT Highway 100 sound wall. It was noted this ordinance received first reading on September 26, 2011, and is offered this evening for second reading and Public Hearing. Mr. Boganey provided an explanation of the Sign Ordinance language amendment. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE N - Brooklyn Center City Code O. 2011 OS Relating to the Regulation of Signs; Amending Broo y y , Sections 34 -110 and 34 -140, and Adding New Section 34 -211. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. AMEND 2011 CITY COUNCIL MEETING SCHEDULE Mayor Willson introduced the item to amend the 2011 City Council meeting schedule to add two meetings. Councilmember Ryan moved and Councilmember Kleven seconded to set the date and time of the joint Budget Work Session with the Financial Commission for Monday, November 21, 2011, at 6:30 p.m. and to canvass the returns of the December 6, 2011, Special Primary on Thursday, December 8, 2011, at 5:00 p.m. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 4200 LAKEBREEZE AVENUE Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 4200 Lakebreeze Avenue was inspected and 15 property code violations were cited and ultimately corrected. There have been zero validated police incidents /nuisance calls within 10/24/11 -5- DRAFT . 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. Ms. Schleuning explained that due to the extensive time period allowed to make repairs, the licensing process has extended into the next licensing period so staff is recommending it remain a Type IV provisional rental license. She presented a chronological summary of the license process actions that have occurred with this property. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lasman seconded to close the hearing. Motion passed unanimously. Mayor Willson stated he is uncomfortable it took the property through one licensing period and into a second licensing period before actually completing the process. However, if staff is comfortable recommending approval, he would support that recommendation. 1. RESOLUTION NO. 2011 -143 APPROVING A TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 4200 LAKEBREEZE AVENUE Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -143 Approving a Type IV 6 -Month Provisional License for 4200 Lakebreeze Avenue. Motion passed unanimously. 10c. CONSIDERATION OF TYPE III ONE -YEAR RENTAL LICENSE FOR 1510 69 AVENUE NORTH th Ms. Schleuning dvised that the property owner of 1510 69 Avenue N. is applying for a g p p Y renewal rental license and the property would qualify for a Type I rental license. However, the property owner failed to meet a condition for the Type III rental license, specifically not attending 25 percent of the Owners /Managers Association meetings. The property owner was not successful in selling the property and reapplied for a rental license. Ms. Schleuning presented a chronological summary of the license process actions that have occurred with this property, noting that during some of this time the property was vacant while listed for sale. The property owner is also required to submit an action plan and report monthly on the progress of 10/24/11 -6- DRAFT that plan. Staff has reviewed that action plan and held discussion with the property owner and • recommends approval based on meeting standards in the action plan. Councilmember Ryan moved and Councilmember Lasman seconded to open the Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lasm an seconded to close the Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -144 APPROVING A TYPE III RENTAL LICENSE FOR 1510 69 TH AVENUE NORTH Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011-144 Approving a Type III Rental License for 1510 69 Avenue North. Motion passed unanimously. 10d. CONSIDERATION OF TYPE III ONE -YEAR RENTAL LICENSE FOR 5814 EWING AVENUE NORTH • Ms. Schleumng advised that the property owner of 5814 Ewing Avenue is applying for a renewal rental license. She advised that the property would qualify for a Type I rental license based on property maintenance inspection and validated police calls. The property owner applied for renewal of the rental license prior to the license expiration; however, failed to meet the condition for a Type III rental license, specifically not attending 25 percent of the Owners /Managers Association meetings. Ms. Schleuning presented a chronological summary of the license process actions that have occurred with this property. The property owner is also required to submit an action plan and report monthly on the progress of that plan. Staff has reviewed that action plan and held discussion with the property owner and recommends continuing this rental license as a Type III at this time based on meeting standards in the action plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the Hearing. Motion passed unanimously. No one wished to address the City Council Councilmember Ryan moved and Councilmember Lasman seconded to close the Hearing. Motion passed unanimously. 10/24/11 -7- DRAFT 1. RESOLUTION NO. 2011 -145 APPROVING A TYPE III RENTAL LICENSE FOR 5814 EWING AVENUE NORTH Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011-145 Approving a Type III Rental License for 5814 Ewing Avenue North. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following: • October 11, 2011, Park and Recreation Commission meeting • October 13, 2011, Out -of- School -Time Learning Summit • October 17, 2011, Budget Work Session with the Financial Commission • October 18, 2011, Earle Brown Days Committee Meeting • October 19, 2011, participated in review of RFPs for City Financial Advisor with Mayor Willson, City Manager Boganey, and Director of Fiscal and Support Services Jordet, selecting Springsted, Inc. • October 20, 2011, joined Mayor Willson at Brookdale Library for a meeting of the Brooklyns to discuss the essential features of the Shingle Creek Crossing project. Councilmember Kleven reported on her attendance at the following: • • October 13, 2011, Out -of- School -Time Learning Summit • October 13, 2011, Planning Commission Meeting • October 17, 2011, Budget Work Session with the Financial Commission • October 20, 2011, delivered 80 flyers regarding the October 26 meeting on burglary prevention • October 20, 2011, Brookdale Library meeting of the Brooklyns Councilmember Kleven announced the upcoming opening of Ocean Buffet at Shingle Creek Parkway and Bass Lake Road. She promoted the purchase of a brick for $250 to build the Centennial Park amphitheater, noting the brick can be used as a memorial or gift. Councilmember Lasman reported on her attendance at the following: • October 12, 2011, Centennial Celebration meeting • October 17, 2011, Budget Work Session with the Financial Commission • October 19, 2011, Brooklyn Center Crime Prevention meeting. She congratulated Crime Prevention Specialist Becky Boie for being elected as Vice President to the Minnesota Crime Prevention Conference. Mayor Willson reported on his attendance at the following: • October 13, 2011, Out -of- School -Time Learning Summit • October 13, 2011, New American's Academy • October 17, 2011, Budget Work Session with the Financial Commission 10/24/11 -8- DRAFT • October 19, 2011, all day meeting with staff and Councilmember Ryan to review RFPs . for the City's financial consultant, noting Springsted, Inc. had been selected • October 20, 2011, Brookdale Library meeting with Councilmember Ryan to present redevelopment and jobs as a result of the Shingle Creek Crossing effort 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:21 p.m. Motion passed unanimously. • 10/24/11 -9- 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 SPECIAL MEETING OCTOBER 26, 2011 CITY HALL 1. CALL TO ORDER The Brooklyn Center City Council met at a special meeting for the purpose of conducting the evaluation of the City Manager. The meeting was called to order by Mayor Tim Willson at 6:00 p.m. 2. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan were present. Also present was City Attorney Corrine Heine. 3. EVALUATION OF CITY MANAGER • The City Council evaluated the performance of City Manager Curt Boganey. The Council reviewed the manager's performance in the following categories: relations with the City Council; planning; organizational skills; budget and finance; community relations; personnel relations; management skills; leadership; and enforcement of the City Charter and City Code. The Council expects its manager to perform at a high level of competence in all of those areas, and it determined that Mr. Boganey has met or exceeded Council expectations in every category. 4. ADJOURNMENT The City Council adjourned the special meeting. 10/26/11 -1- DRAFT • City Council Agenda Item No. 6b • COUNCIL ITEM MEMORANDUM DATE: November 8, 2011 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk `-m SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its November 14, 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 • Anderson Air, Inc. 503 Valley High Road, Burnsville St. Paul Plumbing and Heating Co. 640 Grand Avenue, St. Paul United Heating A/C, Inc. 1295 Hackamore Road, Medina RENTAL See attached report. SECONDHAND GOODS DEALER GameStop #535 6068 Shingle Creek Pkwy_ Mission: Ensuring an attractive, clean, safe community that enhances the qualitp of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 • Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3 +amts ' 0 0 7 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3 um�s G�eatef than but n ©t rn�re than 1 5" Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ uluts Greaterthan X but not rnore:than 3 Type IV — 6 Months 1 -2 units Greater than 8 3 amts 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 -4urts 4 =0 25 5 or more units 0 -0.35 • Decrease 1 1 -2 Greater than 1 bu t not more t h an 3 Category 4' <uxuts > Greater:than Q5 bu£ 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 umts Greater khan 7 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust PritipertY Final Pr'evi ' Dwelling ;' Renewal Code License Police" License " License Properly Address Type or Imtiai Owner` Urolatians type CFS * TYpe ** 3349 49th Ave N Single Family Initial Isaac Obi 1 II N/A II 2100 55th Ave N Single Family Initial Cindy Scherbing 1 II N/A II 4006 61st Ave N Single Family Initial Chue Thaow 0 II N/A II 3900 62nd Ave N Single Family Initial Levi Dickie 1 II N/A II 5201 Drew Ave N Single Family Initial Ahmed Omar 2 II N/A II 6924 Drew Ave N Single Family Initial Derek Belisle 0 II N/A II 6800 Fremont PI N Single Family Initial Sharon McGary 1 II N/A II 6337 Indiana Ave N Single Family Initial Nina Vang 2 II N/A II 4201 Lakeside Ave #201 Single Family Initial Justin Frederick 1 II N/A II 4207 Lakeside Ave #335 Single Family Initial Vicki Nagel 1 II N/A II 7212 Lee Ave N Single Family Initial Qiang Fang 2 II N/A II 6936 Unity Ave N Single Family Initial Paul Johnson 0 11 N/A II 7209 Unity Ave N Single Family Initial Charleen Mallory 0 II N/A II 4906 Zenith Ave N Single Family Initial Philip Scaia 2 11 N/A II 1 Bldg 11 5843 Fremont Ave N 7 Units Renewal D & J Properties LLC 1.57 /Unit III 0 III 5308 Emerson Ave N Two Family (1) Renewal Philip & Ginger Luoma Anderson 0 1 0 1 N/T 4220 Lakeside Ave Two Family (1) Renewal Richard Arntson 0 1 0 1 N/T 3000 62nd Ave N Single Family Renewal Dan Soffa 4 II 0 II N/T 3300 67th Ave N Single Family Renewal Sergey Kunin 6 III 1 III N/T 5350 71st Cir Single Family Renewal Ali Sajjad 2 II 0 II N/T 5609 Bryant Ave N Single Family Renewal Mai Vang 0 1 1 1 III 6337 Bryant Ave N Single Family Renewal My Truong 0 1 0 1 N/T 5926 Colfax Ave N Single Family Renewal Jack Froelke 8 III 0 III N/T 7235 Fremont Ave N Single Family Renewal Deepak Nath 7 III 0 III N/T 1513 Humboldt PI N Single Family Renewal ShoeMlller Properties LLC 2 II 0 II N/T 5801 Knox Ave N Single Family Renewal David Trepanier 1 1 0 1 N/T 7000 Morgan Ave N Single Family Renewal Thomas Dulian - Berkley Group 4 II 0 II N/T 6007 Pearson Dr Single Family Renewal Shane Sander 0 1 0 1 N/T 3216 Poe Rd Single Family Renewal IMattJust 4 11 0 II N/T * 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 ** *Initial licenses will not show a previous license type; N/T indicates No Type since it was under the previous 2 -year rental license program All properties are current on utilities and property taxes Type I = 3 year Type 11 = 2 year Type III = 1 year • City Council Agenda Item No. 6c • COUNCIL ITEM MEMORANDUM • DATE: November 8, 2011 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Acceptance of Minnesota Auto Theft Grant Recommendation: It is recommended that the City Council accept the awarding of the Auto Theft Prevention Grant from the Office of Justice Programs for proposed use towards an Auto Theft Prevention Officer. Background: The Office of Justice Programs awarded the City of Brooklyn Center Police Department with the Auto Theft Prevention Grant in the amount of $103,604. The Auto Theft Prevention program supports the efforts of law enforcement, prosecutors, and non - profit organizations for the goal of reducing the incidence of auto theft in Minnesota. The grant will fund one full -time officer for up to two years (July 1, 2011 through June 30, 2013) to investigate and prevent automobile thefts. Budget Issues: The total grant amount is $103,604. New account codes will need to be created in order to ensure transparency and accountability of grant funds. There is no required commitment after the two -year grant period. Council Goals: Strategic: 1. We will ensure a safe and secure community Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, elean, 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 AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT WHEREAS, the City of Brooklyn Center has received an Auto Theft Prevention Grant in the sum of $103,604 for the period of July 1, 2011, through June 30, 2013; and WHEREAS, it has been proposed that the City would use grant funds to hire a police officer to dedicate the performance of eligible auto theft prevention activities, along with other supplies and materials used in an auto theft prevention campaign; and WHEREAS, the City wishes to maximize the effectiveness of the use of these grant funds. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized as part of the previously authorized staffing authorization for police officers, to accept and implement the proposed auto theft prevention grant November 14, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6d 1 COUNCIL ITEM MEMORANDUM . DATE: November 7, 2011 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning & Zoning Specialist THROUGH Gary Eitel, Director of Business and Development SUBJECT: Site Performance Guarantee Release — Ewing Square Townhouses (6130 — 6242 France Avenue North) / Planning Application No. 2009 -002 Recommendation: It is recommended that the City Council authorize the release of the entire Site Performance Guarantee posted by Ewing Square Family Housing, LP for those improvements made under the Ewing Square Townhouse development, located at 6130 -6242 France Avenue North. Background: On June 8, 2009 the City Council approved a site and building plan application for construction of a new 26' x 26' (676 sf.) community building /clubhouse, along with the redevelopment and renovation of the Ewing Square Townhouses. Planning Commission Application No. 2009 -002 was approved based on certain conditions and requirements, one of which related to the posting of a financial guarantee: 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. On December 10, 2009, a letter of credit was issued by Minnwest Bank of St. Cloud, MN on behalf of the developer /property owners to ensure the completion and guarantee of various site improvements, including but not limited to grading and erosion control; underground utilities; curb and gutter; sidewalks, fencing; sidewalks; and landscaping /sodding. On June 30, 2010 a Certificate of Occupancy was issued. The City notified the owners that pending a final landscape inspection to verify a successful one year growth cycle, this performance bond (LOC) would be released. All landscaping and sod has been installed and appears to be healthy and viable. The property owner has completed the required site improvements and submitted an as -built survey, which has been accepted by the City Engineer /Public Works Department. It is recommended that the City Council authorize release of the $45,000 guarantee posted based on satisfactory completion of the site improvements and survey submittal for this project. Budget Issues: There are no budget issues to consider. . Council Goals: Ongoing: 5. We will improve the image of the City with citizens and others Mission: Ensurlig- an attractive, clean, safe conununity that enhances the quality of fife and preserves the public trust • 1 r � I N NWEST 3 S est Bank 313o Second Street South t: 32o- 52g -48o1 BANK @ PO Box '74,29 f: 32 - 3 1 34 o St. Cloud, MN 56302 December 1 2 010 City of Brooklyn Center c/o City Clerk 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Letter of Credit #300"for Ewing Square Family Housing, Limited Partnership In accordance with the terms of the above referenced Letter of Credit, please be advised that we intend to modify ts terms on 12- - 09 2010 current expiration date) fY ( p e) as follows: 1. The Letter of Credit will automatically renew for 1 year, resulting in a new expiration date of 12- 09 -11. All other terms and conditions will remain unchanged (including subsequent automatic renewal provisions). Please find the enclosed Amendment reflecting the changes. If you have questions P lease contact me at 320 -529 -4802. Sincerely, (I G � regg?ryy Y DSimones Branch President Attachments Luverne — Downtown Luverne — Highway 75 1 Beaver Creek Tracy Slayton Lake Wilson Ortonville • Redwood Falls — Downtown I Redwood Falls — East I Belview I Danube I Gibbon I Marshall I Morton St. Cloud I Rochester Hammond Montevideo — Downtown I Montevideo — Highway 7 1 Dawson I Champlin I Eagan I Minnetonka Sioux Falls I Sioux Falls — East Money Line: 1- 888 - 616 -2265 1 www.minnwestbank.com ( Member FDIC • M I N N � 1 EST Minnwest Bank 3130 Second Street South t: 32 529 - BAN KO Pb Box 7429 f: 32 253 St. Cloud, MN 56302 IRREVOCABLE LETTER OF CREDIT NO. 300 December 9, 2009 City of Brooklyn Center c/o City Clerk 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Ewing Square Townhomes We hereby authorize you to draw on Minnwest Bank, M.V. of St.' Cloud, Minnesota, FOURTY FIVE THOUSAND AND N01100 Dollars ($45,000.00) available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. 300 dated December 9, 2009 ". The purpose of this Letter of Credit is to act as a guaranty to the City of Brooklyn Center that the terms of that certain Performance Agreement (Agreement), a Contract between Ewing Square Family Housing, Limited Partnership (Developer) and the City of Brooklyn Center dated December 9, 2009, are fulfilled, in their entirety and in the event of the failure of the Developer to-do so, then the City of Brooklyn Center, may draw against this Letter of Credit to fulfill said terms. We agree that the Letter of Credit shall expire no sooner than December 9, 2010, unless sooner released by the City of Brooklyn Center, but this Letter of Credit shall be automatically extended at its expiration date on an annual basis unless at least Forty -Five (45) days prior to expiration date we have notified the City Clerk by certified mail that we elect not to extend this Letter of Credit. Upon receipt of said notice,, the City of Brooklyn Center shall be entitled to draw at sight, by presentment of a draft or drafts prior to the date of expiration hereof, up to the full aggregate amount as set forth herein, less any reduction. We hereby agree with the drawers, endorsers and bona fide holder of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored on due presentation to the drawee. Minnwest Bank, M.V. B "ry ' Gr . Simons Branch President Luverne — Downtown i Luverne — Highway 75 I Beaver Creek Tracy Slayton Lake Wilson Ortonville Redwood Falls — Downtown i Redwood Falls — East I Belview I Danube I Gibbon I Marshall I Morton St. Cloud I Rochester Hammond Montevideo — Downtown I Montevideo — Highway 7 I Dawson I Champlin I Eagan I Minnetonka Sioux Falls I Sioux Falls — East MoneyLine: I- 888 -616 -2265 1 www.minnwestbank.com I Member FDIC Performance Agreement City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 • FILE NO. 2009 -002 This Agreement is entered into by Ewing Square Family Housing, LP hereinafter called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws of the State of Minnesota, hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City (pursuant to City Ordinances), subject to the execution of this Performance Agreement, pursuant to the City Council approval of June 8, 2009 and in accordance with said Development-Plans all of which are made a part hereof by_ reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set forth, upon the real estate to be described as follows: 6130 through 6242 France Avenue North, Lots 1, 2 & 3, Block 1, Ewing Square Addition. The Work will consist of the improvements described in the Development Plans, in the aforesaid Approval (to include any approved subsequent amendments) and will be in compliance with all applicable Statutes, codes and Ordinances of the City. The cost of the improvements is estimated to be $92,000. COMPLETION DATE The undersigned Developer agrees that the said Work will be completed in its entirety on or before December 1, 2010, and no extension of time will be valid unless the same will be approved in writing by the City Manager. Said extension of time will be valid whether approved by the City Manager before or after the completion date and failure of the City to extend the time for completion or to exercise other remedies hereunder will in no way work a forfeiture of the City's rights hereunder, nor will any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It will be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. MAINTENANCE • The Performance Agreement, in its entirety, will remain in full force and effect for a period of one year after actual completion of the Work to determine that the useful life of all Work performed hereunder meets the average standard for the particular industry, profession, or material used in the performance of the Work. Any work not meeting such standard will not be deemed complete hereunder. Notice of the date of Actual Completion will be given to the Developer by the Director of Business and Development of the City. FINANCIAL GUARANTEE The developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow, a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved by the City Manager of the City, in the amount of $45,000. Such Financial Guarantee will continue in full force and effect until the City Council will have by motion approved and accepted all of the Work undertaken to be done, and will thereby have released the Surety and /or Developer from any further liability; provided however, that the City Council may by motion reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by the City Manager. Such Financial Guarantee will be conditioned upon the full and faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes, codes, and Ordinances of the City, and will further be subject to the following provisions which will be deemed to be incorporated in such Financial Guarantee and made a part thereof. A letter of credit given as a financial guarantee may be drawn upon for the full amount of the letter immediately upon notice by the issuing bank that the letter of credit will not be renewed. NOTICE The City will be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Guarantee. Within ten (10) days after such notice to it, the surety will notify the City in writing of its intention to enforce any rights it might have under this Performance Agreement or any Performance Bond by stating in writing the manner in which the default will be cured and the time within which such default will be cured, said time not to exceed sixty (60) days unless approved by the City. • PC Performance Agreement Page 1 Revised 1 -09 REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof, or during the Maintenance Period, if of the work is deemedi ete, the City Council may proceed in any one or more of the following ways nforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City connection therewith, including but not limited to engineering, legal, planning and litigation expenses, but the enumeration of the remedies hereunder will be in addition to any other remedies available to the City. 1) Completion by the Citv The City, after notice, may proceed to have the Work done either by contract, by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contract for the doing of any such work. Upon completion of such Work the Surety and /or the Developer will promptly pay the city the full cost thereof as aforesaid. In the event that the Financial Guarantee is in the form of a Performance Bond, it will be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 2) Specific Performance The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Surety and /or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to require such work to be undertaken. 3) Deposit of Financial Guarantee In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses as defined herein, including any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money will be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinbefore specified, and the balance will be returned to the Surety. This money will be deposited with the City within ten (10) days, the City will have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. 4) Funds on Deposit In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee immediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then proceed to complete the Work, reimburse itself for the cost of completion as defined hereunder, and return the balance to the Developer. . PROCEDURES A copy of this Performance Agreement will be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement will be made in any such bond, but no corporate surety will assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee will be submitted to the City. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this 10 1 - 4 day of 200 17 Al 7E sJq Signature Print Name /n eveloper Sub9cribed and sworn to before me this /D " day of Xzo /z Signature of Notary C my My Commission Expires /� ���� `� KATHLEEN LOUISE MACKIN Official s: My Commission Expires Jan.31, 2010 i PC Performance Agreement Page 2 Revised 1 -09 City Council Agenda Item No. 6e • • COUNCIL ITEM MEMORANDUM DATE: November 8, 2011 r Curt Bo ane City Manager TO: g y, y g FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Requesting a Variance from Standard for State Aid Operation for Project No. 2011 -06, Shingle Creek. Parkway Street Improvements, S.A.P. 109- 109 -033 Recommendation: It is recommended that the City Council consider approval of the resolution requesting a variance from Standard for State Aid Operation for Project No. 2011 -06, Shingle Creek Parkway Street Improvements, S.A.P.'109- 109 -033. Background: The City and its consultant proceeded with routine plan preparation, approval, bidding and award for the Shingle Creek Parkway mill and overlay project in 2011. Obtaining Municipal State Aid (MSA) plan approval by the Minnesota Department of Transportation (Mn/DOT) for this project was necessary due to the use of MSA funding for this project. Minnesota Rule 8820.2800 requires the state -aid engineer to approve the plans prior to opening the bids. The bids were opened on April 14, 2011, the plans were approved by Mn/DOT on April 15, 2011; and the project was awarded on April 25, 2011. According to the rule, bids were opened one day prior to formal MSA plan approval, which is not allowed. In order to obtain the planned MSA funding for this project, a variance must be obtained due to the error. T staff that this rule than ears ago to the current changed several is understanding from Mn/DO g Y It y g requirements, which were previously not as stringent and only required that MSA approval occur prior to bid award. Many design professionals have not been and some are still not aware of this rule change. Although the rules have been in effect for several years, they may not have been enforced by Mn/DOT staff in the recent past as stringently until now. The City and its consultant proceeded with a very typical and routine plan approval schedule, unknowingly proceeding incorrectly with bid opening prior to MSA plan approval. There are no known negative effects or unintended consequences by any party in not adhering to this rule, other than not meeting this requirement. The only repercussion at this point is the need to obtain a variance from the State Aid Variance Committee for a variance to State Aid Operation Rule 8820.2800. Other cities have encountered this same issue in recent months, and it has generally been a housecleaning item to obtain the variance that is necessary to obtain the related MSA project funding. A resolution from the City requesting this variance is a requirement by MSA to proceed with obtaining the variance. The State Aid Variance Committee meeting is scheduled for December 22, 2011. Budget Issues: Without receiving this State Aid funding, the City would need to designate alternate funding for this project in the approximate amount of $745,000. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 2. We will ensure the financial stability of the City • I Hission: Ensuring nit attractive, clean, safe coninuinity that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING A VARIANCE FROM STANDARD FOR STATE AID OPERATION FOR PROJECT NO. 2011-06, SHINGLE CREEK PARKWAY STREET IMPROVEMENTS, S.A.P. 109 -109 -033 WHEREAS, the City of Brooklyn Center prepared plans for the Shingle Creek Parkway Street Improvements from Shingle Creek to Freeway Boulevard for bituminous milling and paving, concrete curb and gutter, and concrete sidewalk repairs, State Aid Project (S.A.P.) No. 109- 109-033; and WHEREAS, Minnesota Rules for State Aid Operation 8820.2800 Subpart 2.A requires that final plans must be approved by the state -aid engineer before opening bids to be eligible for state -aid construction funds (requirements); and WHEREAS, the reason for this variance request is that bids were opened one day prior to the final approval and signing of the plans by the state -aid engineer. NOW, THEREFORE, BE IT RESOLVED . by the City Council of the City of Brooklyn Center, Minnesota, that a variance is requested from the Minnesota Department of Transportation State Aid Operations Rules Chapter 8820.2800 Construction Requirement to allow eligibility of the roadway improvements constructed under S.A.P No. 109-109-033 in consideration that the bids were opened prior to approval of the plans by the state -aid engineer. BE IT FURTHER RESOLVED that the City of Brooklyn Center hereby indemnifies, saves and holds harmless the State of Minnesota and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of the granting of the variance. The City further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim arising as a result of the granting this variance. November 14, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 6f • COUNCIL ITEM MEMORANDUM DATE: 7 November 2011 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: Capital Transfer from Earle Brown Heritage Cent r Recommendation: It is recommended that the City Council consider adoption of a resolution authorizing the transfer of $ 200,000 from the operating fund of the Earle Brown Heritage Center to the Capital Fund of the facility. Background: At the end of each fiscal year the cash balance in the Earle Brown Heritage Center (EBHC) operating fund is subjected to an analysis according to a formula in the cash reserve policy for the facility. The formula requires that the EBHC operating fund hold in cash the equivalent of the monthly average amount of cash deposits held for events booked at the facility plus one and one half times the average of cash disbursements per month. At the end of 2010, the cash balance in the EBHC operating fund. was $ 987,228. The required cash reserve calculated using the formula was $ 795,544. The difference of $ 191,684 was available for transfer to the capital fund of the EBHC. Staff recommends rounding that number to $ 200,000 and making that transfer from the operating fund to the capital fund before the end of the 2011 fiscal year. The attached resolution authorizes such a transfer. The resulting cash flow for the capital fund as projected for the 2012 budget is attached to show the impact of such a transfer. A Budget Issues: With a continuing projection of $ 200,000 cash transfer to the capital fund each year the EBHC capital fund will remain stable through 2014 and begin to grow a balance for further projects or for emergency repairs /replacements should the needs arise. Council Goals: 1. We will ensure the financial stability of the City Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust EBHC • TRANSFERS USING PROPOSED EBHC OPERATING CASH RESERVE POLICY At December 31, 2006 12 -month average event deposits 326,276 12 -month average cash disbursements 383,377 x 150% 575,066 Minimum cash balance 901,342 Cash balance at 12/31/06 1,141,255 Amount available for transfer 239,914 Actual transfer 5/31/07 230,000 At December 31, 2007 12 -month average event deposits 318,235 318,235 12 -month average cash disbursements 348,988 x 150% 575,005 Minimum cash balance 893,240 Cash balance at 12/31/07 1,153,340 Amount available for transfer 239,974 Actual transfer 12/31/2008 235,000 At December 31, 2008 12 -month average event deposits 255,340 12 -month average cash disbursements 348,988 • x 150% ' 523,482 Minimum cash balance 778,822 Cash balance at 12/31/08 766,959 Amount available for transfer (11,863) Actual transfer 7/13/2009 300,000 At December 31, 2009 12 -month average event deposits 227,996 12 -month average cash disbursements 333,650 x 150% 500,475 Minimum cash balance 728,471 Cash balance at 12/31/09 987,228 Amount available for transfer 258,757 Actual transfer 2010 - At December 31, 2010. 12 -month average event deposits 295,069 12 -month average cash disbursements 333,650 x 150% 500,475 Minimum cash balance 795,544 Cash balance at 12/31110 987,228 Amount available for transfer 191,684 • Actual transfer 2011 City of Brooklyn Center EBHC Capital Projects Fund Cash Flows Analysis Actual Actual Estimated Proposed Projected Projected Projected Projected Projected 2009 2010 2011 2012 2013 2014 2015 2016 2017 Revenues Transfer from EBHC Operation: $ 300,000 $ - $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 Capital Contribution from FIR $ - $ 100,000 $ - $ - $ - $ - $ - $ - $ - Misc.Operating $ - $ - $ 103,547 $ - $ - $ - $ - $ - $ - Misc. Non - operating $ 113,789 $ 21,037 $ 1,659 $ 2,617 $ 1,864 $ 1,951 $ 1,707 $ 2,034 $ 2,642 Total Revenues $ 413,789 $ 121,037 $ 305,206 $ 202,617 $ 201,864 $ 201,951 $ 201,707 $ 202,034 $ 202,642 Expenditures Personal Services $ $ - $ - $ - $ - $ - $ - $ - $ - Supplies $ - $ - $ $ - $ - $ - $ - $ - $ - Services $ 72,629 $ 59,735 $ 55,096 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 Depreciation $ - $ - $ - $ - $ - $ - $ - $ - $ - Debt Service $ - $ - $ $ - $ - $ - $ - $ - $ - Total Expenditures $ 72,629 $ 59,735 $ 55,096 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 Capital Outlay $ 113,516 $ 110,168 $ 183,476 $ 341,000 $ 130,000 $ 213,000 $ 70,000 $ - $ 50,000 Total Cash Requirement $ 186,145 $ 169,903 $ 238,572 $ 391,000 $ 180,000 $ 263,000 $ 120,000 $ 50,000 $ 100,000 Beginning Cash Balance $ 466,299 $ 640,479 $ 587,728 $ 654,362 $ 465,979 $ 487,843 $ 426,795 $ 508,502 $ 660,536 Changes in Assets /Liabilities $ (53,464) $ (3,885) $ - $ - $ - $ - $ - $ - $ Revenues $ 413,789 $ 121,037 $ 305,206 $ 202,617 $ 201,864 $ 201,951 $ 201,707 $ 202,034 $ 202,642 Expenditures $ (186,145) $ (169,903) $ (238,572) $ (391,000) $ (180,000) $ (263,000) $ (120,000) $ (50,000) $ (100,000) Depreciation Add -Back $ - $ - $ - $ - $ - $ - $ - $ - $ - Ending Cash Balance $ 640,479 $ 587,728 $ 654,362 $ 465,979 $ 487,843 $ 426,795 $ 508,502 $ 660,536 $ 763,178 Assumptions: Cash basis All assumptions are predicted on Cash Basis presentation. EARLE BROWN HERITAGE CENTER 2008 -2035 CAPITAL IMPROVEMENT PLAN (revised October 31, 2011) Acquisition Acquisition Estimated Acquisition or q q q Capital Item Year Cost Useful Life Replacement Year Estimated Cost Rotunda roof & CH metalwork 1989 20 2008 $ 2,500 insurance Energy Management System (HVAC) - 1999 $ 15,500 10 2008 $ 49,300 Compactor 1990 $ 11,375 20 2008 $ 17,775 Inn carpet Earle Brown House 1989 2008 $ 30,000 Main large mar uee +electronics 1989 19 2008 $ 30,000 $ 129,575 Replace S Carriage Hall door /windows 1989 Jul -09 $ 45,000 CH Electronic Reader Board New 15 Jun -09 $ 35,000 Replace D Barn roof 1989 1 20 May-09 $ 24,000 $ 104,000 Phone System 1998 $ 32,000 10 Ma -09 $ 40,000 Replace chiller 1989 20 2010 $ 160,000 Replace 2 boilers Covention Center 1989 14 2010 $ 15,000 Replace Harvest/Blacksmith roof 1990 20 2010 $ 20,000 Replace Stable Roof 1990 20 2010 $ 28,000 $ 263,000 u, etTh0 Er•ifl�tOa.ros��',°,..t� n`,?m " „r.: k.a�s .3.� �..d";'£<iat4v,..,.:sf."x ..,i"..t .� m`�' . � ! s; • •i „$ Link New 50 2011 $ 60,000 Facility Security System New 10 2011 $ 50,000 10 WAP & Wireless Controller New 5 2011 $ 16,400 Replace combi oven 1990 $ 14,165 15 2011 $ 40,000 $ 166,400 Tack/Morgan/Hall carpet 2004 $ 15,000 7 2011 $ 27,263 $ 27,263 This was scheduled for 2012. Due to flood in 2011 insurance covered expense of $27,263.00 Carriage Hall carpet 2005 $ 50,000 6 2012 $ 70,000 CH Wall Panels 1989 $ 72,000 15 2012 $ 108,000 Elec. Reader Boards for Inside /Outside New 15 2012 $ 128,000 • Multifunction Copier New 7 2012 15,000 Garden City/Harvest Prefunction Carpet 2006 $ 15,000 6 2012 $ 20,000 $ 341,000 Replace Garden City Carpet 2006 $ 30,000 7 2013 $ 35,000 Replace Harvest Carpet 2006 $ 20,000 7 2013 $ 35,000 Replace 2 boilers Inn 1989 20 2013 $ 15,000 Replace Inn roofs 1989 20 -25 2013 $ 45,000 $ 130,000 Add kitchen walk -in cooler 1990 $ 3,664 2014 $ 30,000 Hippodrome roof a dm 1990 $ 91,575 20 -30 2014 $ 100,000 Captain's/Estate/Loft Carpet 2007 $ 18,000 7 2014 $ 25,000 Re lace Harvest divider walls 1999 15 2014 $ 20,000 - Replace staging 1990 $ 19,925 15 2014 $ 38,000 $ 213,000 Parking lot mill and overlay East lots 1999 16 2015 $ 70,000 $ 70,000 2016 $ Carriage Hall carpet 2011 $ 50,000 6 2017 $ 50,000 $ 50,000 Tack/Morgan/Hall carpet 2011 $ 27,000 7 2018 $ 32,000 $ 32,000 Multifunction Copier 2012 $ 15,000 7 2019 $ 20,000 Replace Garden City carpet 2012 7 2019 $ 35,000 $ 35,000 Main kitchen dishwasher 2005 $ 75,000 1 15 2020 $ 75,000 Replace Harvest/Lobby/Hall carpet 2013 $ 40,000 71 2020 $ 50,000 Man Lift 2005 $ 15,000 1 151 2020 $ 15,000 $ . 140,000 Fare XearSSbta 1 � `����� S � � 257 000' • • Acquisition Acquisition Estimated Acquisition or Capital Item Year Cost Useful Life Replacement Year Estimated Cost Parking lot mill and overlay 2005 $ 70,000 16 2021 $ 70,000 Replace Admin Office carpet 2006 $ 18,000 15 2021 $ 23,000 Sealcoat original parking lot 2013 $ 15,000 0 2021 $ 15,000 $ 108,000 Replace one boiler 2007$ 15,000 15 2022 $ 15,000 $ 15,000 Carriage Hall carpet 2017 $ 50,000 6 2023 $ 50,000 Sealcoat both East parking lots 2015 $ 15,000 8 2023 $ 15,000 $ 65,000 Tack/Morgan/Hall carpet 2018 $ 30,000 7 2025 $ 32,000 $ 32,000 F ►i!e e�I.SLVrO,fat as , r�<.. „ .5 ;P$„ _� ,.,, " $. ZZ0000 Multifunction Copier 2019 $ 15,000 7 2026 $ 20,000 Replace Garden City carpet 2019 $ 30,000 7 2026 $ 30,000 $ 50,000 Replace Harvest/Lobby/Hall carpet 2020 $ 40,000 7 2027 $ 40,000 $ 40,000 Captain's/Estate/Loft Carpet 2021 $ 18,000 7 2028 $ 30,000 $ 30,000 Carriage Hall carpet 2023 $ 50,000 6 2029 $ 50,000 $ 50,000 2030 $ F1ve l!ar "Su` "titofal.i, 2031 $ Tack/Morgan/Hall carpet 2025 $ 30,000 7 2032 $ 30,000 $ 30,000 Multifunction Copier 2026 $ 15,000 7 2033 $ 20,000 Garden City carpet 2026 $ 30,000 7 2033 $ 30,000 Replace one boiler 2018 $ 10,000 15 2033 $ 15,000 $ 65,000 • Harvest /Lobby/Hall carpet 2027 $ 40,000 7 2034 $ 40,000 $ 40,000 Captain's/Estate/Loft carpet 2028 $ 30,000 1 7 2035 $ 30,000 $ 30,000 165'000.; This report encompasses all anticipated capital expenditures (items exceeding $10,000) from 2008 -2035. All dollar amounts are shown in 2008 dollars, with appropriate yearly increases projected where possible. H:Admin /Budget/Multiple Year Capital Plan Date Order Revised 10/3112011 • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION APPROVING TRANSFER OF FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HWERITAGE CENTER CAPITAL FUND WHEREAS, a formula was developed to calculate an annual transfer of money from operations of the Earle Brown Heritage Center (EBHC) to a capital fund for use in maintaining, renovating and upgrading the EBHC facilities; and WHEREAS, the calculation of funding available at the end of 2010 indicated a balance of $ 191,684 available; and WHEREAS, it has been recommended that the amount available be rounded up to $ 200,000 and transferred from operations to capital and such change may be done without harm to the EBHC operating fund. NOW, THEREFORE, BE 'IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a transfer of $ 200,000 from the operating fund of the Earle Brown Heritage Center to the capital fund for the facility be approved. • November 14, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a • r COUNCIL ITEM MEMORANDUM • DATE: October 17, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City ClerkC��� SUBJECT: An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Commercial Kennel Licenses and Potentially Dangerous and Dangerous Dog Registrations 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 1 of the City Code of Ordinances Relating to Commercial Kennel Licenses and Potentially Dangerous and Dangerous Dog Registrations. Background: At its October 24, 2011, meeting the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Commercial Kennel Licenses and Potentially Dangerous and Dangerous Dog Registrations. Attached are the materials provided at the October 24, 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 November 3, 2011. If adopted, effective date will be December 24, 2011. Budget Issues: There are no budget issues to consider. Afis:sion. Ensuring an attractive, clean, sage connnunity that enhances the quality of life and preserves the public trust YY HV COUNCIL ITEM MEMORANDUM DATE: October 17, 2011 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter I of the City Code of Ordinances Relating to Commercial Kennel Licenses and Potentially Dangerous and Dangerous Dog Registrations Recommendation: It is recommended that the City Council consider approval of first reading of An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Commercial Kennel Licenses and Potentially Dangerous and Dangerous Dog Registrations and set second reading and Public Hearing for November 14, 2011. Background: This amendment to Chapter 1 of the City Code is a housekeeping amendment. Licenses for commercial kennels and registrations for potentially dangerous and dangerous dogs have an expiration date of September 30. However, the expiration date is not written in the City Code as are most other licenses in Chapter 23 of the City Code. The registration fee for potentially dangerous and dangerous dog registrations was set in 2004 by City Council resolution and included a provision that the registration fee shall not be prorated or refunded. Included in the ordinance amendment is language providing that the fee shall not be prorated or refunded. An applicant for a commercial kennel license or for a potentially dangerous or dangerous dog registration references the City Code for license or registration requirements and regulations. It would be beneficial to applicants to include in the City Code the expiration date for this type of license and registration, as well as the provision that fees are not prorated or refunded. This would eliminate an applicant having to search several resources to find all the requirements. It would also be helpful for City Staff for enforcement purposes. Budget Issues: There are no budget issues to consider. • .hfission. Fnsuring an attractive, clean, community that enhances the quality of life and preserves the public trust • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of November 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 1 of the City Code of Ordinances Relating to Commercial Kennel Licenses and Potentially Dangerous and Dangerous Dog Registrations. 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 1 OF THE CITY CODE OF ORDINANCES RELATING TO COMMERCIAL KENNEL LICENSES AND POTENTIALLY DANGEROUS AND DANGEROUS DOG REGISTRATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 1 -103 relating to commercial kennels is amended as follows: Section 1 -103. LICENSE FEES. The license fee for each commercial kennel license, • each renewal license, and each impounding penalty described herein shall be as set forth by City Council resolution. Every such license shall expire on September 30 next after its issuance. 1. Refunds, Prorating, and Transfers. No commercial kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferable. Section 2. The Brooklyn Center City Code of Ordinances, Section 1 -265 relating to potentially dangerous and dangerous dogs is amended as follows: Section 1 -265. REGISTRATION. 4. Fee. The City will charge the owner an annual fee to obtain a certificate of registration for a potentially dangerous or dangerous dog. The fee for every such registration shall be as set forth by City Council resolution Every such registration shall expire on September 30 next after its issuance. No registration fee shall be refunded or prorated ORDINANCE NO. 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: (Stfi indicates matter to be deleted, underline indicates new matter.) • • • City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM • DATE: November 7, 2011 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Preliminary Plat of "Evergreen Villas" Planning Commission Application No. 2011 -018 (Brett Hildreth for 720 Company LLC) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the resolution regarding the disposition of Planning Commission Application No. 2011 -018 submitted by Brett Hildreth for 720 Company LLC for subdivision approval of a preliminary plat to be titled "Evergreen Villas ". Background: On October 27, 2011 the Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -018 submitted by Brett Hildreth for 720 Company LLC for subdivision approval of the property located at 720 and 800 - 69 Avenue N. Subsequent to the Planning Commission meeting, city staff met with Mr. Hildreth twice) to address the issues related to the private sanitary service line which serves 720 — 69 Ave. N. and crosses over the proposed Lot 1 of this subdivision. It was determined that an easement, which would provide access or maintenance rights over this sewer line would not be acceptable at this time. Mr. Hildreth therefore, has decided to relocate this private sanitary line, and will work with Public Works in providing an alternative connection of this line to the main in the 69 Avenue North right -of -way. All other issues or requirements were agreeable to Mr. Hildreth and will be completed prior to or made part of any final plat approvals. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2011 -018, an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: • 2. We will aggressively proceed with implementation of City's redevelopment plans. Mission: Ensuring an attractive, clean, safe comnucnity that enhances the quality of life and preserves the public trust City Councilmember introduced the following resolution and moved its • adoption: RESOLUTION NO. 2011 - RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -018, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF EVERGREEN VILLAS SUBMITTED BY BRETT HILDRETH ON BEHALF OF 720 COMPANY, LLC WHEREAS, Planning Commission Application No. 2011 -018 submitted by Brett Hildreth on behalf of 720 Company, LLC requests approval of a Preliminary Plat of a new subdivision to be titled Evergreen Villas, which is a replat of two contiguous lots generally located and addressed as 720 — 69 Avenue North and 800 — 69 Avenue North; and WHEREAS, this plat is being requested to create two separate lots for the benefit of an existing and to remain single family residential dwelling located at 720 — 69 Avenue North and a larger, vacant lot for future residential development; and WHEREAS, the Planning Commission held a duly called public hearing on October 27, 2011 at which time a staff report and public testimony regarding the preliminary plat of Evergreen Villas were received; and WHEREAS, the Planning Commission has determined during its review of this • preliminary plat submitted with Planning Application No. 2011 -018, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and WHEREAS, the Planning Commission recommended approval of Application No. 2011 -018 by adopting Planning Commission Resolution No. 2011 -13 on October 27, 2011; and WHEREAS, the City Council considered same Application No. 2011 -018 at its November 14, 2011 regular meeting; and in light of all testimony received the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -018 submitted by Brett Hildreth on behalf of 720 Company, LLC requesting approval of a Preliminary Plat approval of a subdivision to be titled Evergreen Villas, be approved based upon the following considerations: 1. The final plat shall be subject to review and approval by the City Engineer. 2. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 3. Prior to final plat approval, all encroachments into or over proposed lot lines shall be removed and verified. • RESOLUTION NO. 2011 - 4. No building permits shall be issued for any new dwellings until the plat has been given final approval by the City Council and filed with Hennepin County. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). 6. The Applicant shall provide a 10 foot drainage and utility easement on all exterior lot lines. 7. The Applicant shall provide a 5 foot drainage and utility easement on all interior lot lines. 8. Disconnect existing sewer and water services at the main on Lot 1, Block 1. 9. Cure swing set encroachment (move swing set to one side of the property line or the other, dependent on owner). 10. Dedicate 70 Avenue North as right -of -way including 2 -ft behind the existing sidewalk on the final plat. 11. Install a new sanitary sewer service to 720 - 69 Avenue that does not encroach on Lot 2 and remove the old service line. 12. The boundary and topographic survey must show the sanitary sewer and water service and material for the existing house. Date Mayor ATTEST City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 2 Application Filed on October 6, 2011 City Council Action Should Be Taken By December 5, 2011 (60 Days) Planning Commission Information Sheet Application No. 2011 -018 Applicant: Brett Hildreth Owner: 720 Company LLC Location: 720 and 800 — 69 Avenue N. Request: - Preliminary Plat of "Evergreen Villas" INTRODUCTION The applicant, Brett Hildreth, on behalf of the 720 Company LLC, is seeking Preliminary Plat approval to replat two existing parcels into two separate platted lots. The two properties are identified and located at 720 and 800 — 69 Avenue N. The north portion of this plat fronts onto 70 Avenue North, which includes a small segment of land to be dedicated for additional 70 Avenue right -of- -way. The applicant intends to separate out the existing (and to remain) single - family residence at 720 69 Avenue N., thereby creating a smaller sized lot of said property. The remaining portion of that parcel, mainly the rear area, and the entire larger parcel under 800 — Avenue N. will be platted into one large separate lot for future residential development. Mr. Hildreth does not have any concepts or plans developed on this remaining land area at this time, but may present a new residential development plan (and possible rezoning) sometime in the future. A public hearing has been scheduled and notices to surrounding property owners have been sent. ANALYSIS Prior to this re- platting process, the subject parcels on their own equal 0.88 acres and 2.34 acres, respectively. The new Lot 1 will consist of 121,870 sq. ft. of area, or 2.8 acres, while Lot 2 will contain 11,584 sq. ft., or 0.27 acres. This plat also provides for the dedication of a small northerly section of land of the larger lot into additional 70 Avenue right of way, consisting of 6,994 sq. ft. The property in question is zoned R -1 One Family Residence (see area Zoning Map illustration on next page), which allows only single - family (one - family) dwellings, along with typical residential accessory uses. Other uses such as churches, schools, golf courses, cemeteries or public owned facilities are allowed by special use permit. The subject site is surrounded on the south and west by R -1 zoned lands which contain typical, single family residences. The northwest portion abuts an R -3 Multiple Family Residence (townhouses /condos /garden apartments) zone, which is locally known as "Evergreen Estates" townhomes. The easterly Evergreen Villas - PP • Page 1 of 4 10 -27 -11 boundary abuts against a large R -4 Multiple Family Residence, which allows for 1.5 to 2 -story multiple family dwellings and /or apartments, and contains the 128 -unit "River Glen Apartments" development. ZONING MAP LAND USE MAP O Z rY,A.. 13.M >'tiw THE Are M r 1 L =M A.L Z Subject Properties t PMK IW n rc EVERGREEN SCHOOL Subject Properties + TM A. Rs„N__ �.� q 1 SF 0 AVE B SF I lNN IOAE S 3 I �., OS /RB III M�sslssippi Rive 6BTH�N M The subject property is guided under the City's 2030 Comprehensive Plan as "SF - Single- Family." The surrounding properties zoned R3 and R4 are guided under the same 2030 Comp Plan as "Townhome (Medium Density)" and "Multi - Family (High Density)" respectively. Any future request to rezone the subject site to similar multiple - family residential would require a land use amendment to either one of these categories. Staff again states that Mr. Hildreth has not submitted any rezoning /land use amendment applicant at this time, nor has staff been made aware of any future development plans for this site. Should Mr. Hildreth choose to develop the larger Lot 1 with a typical single - family residential dwelling or other allowed (permitted) use under R1 Zone standards, he is free to develop as such, subject to submittal and approval of a building permit. The subject site (primarily 800 -69 Ave. ) has double frontage along 69 Avenue and 70 Avenue to the north. The existing driveway access into 720 — 69 Ave. will not be changed or relocated as part of this plat. No other access points or roadway sections are being planned or illustrated on this plat. Once Mr. Hildreth is ready to develop this site, a separate layout of lots (if re- platting is requested), along with access points, driveways, roads and easements, etc. would need to be designed and illustrated on any future site plan submittals. The properties when re- platted will be known as Evergreen Villas, which is keeping in line with the name of Evergreen Estates to the west. • Evergreen Villas - PP Page 2 of 4 10 -27 -11 Although the 720 — 69 Ave. residence will lose almost 2/3 of its previous land area due to this • platting, minimum lot standards for the R -1 Zone requires only 9,500 sq. ft. of area. The existing house that will remain on the lot, including the accessory structures, will meet all new setbacks created by this new plat. Sewer and water exists in both the 69 Avenue and 70Avenue right of ways. The home will remain connected to its own individual service lines, and future development of this site will need to tie into one or both of these utility areas in these two streets. The former house at 800 — 69 Avenue was removed in 2010 and service lines were disconnected. The preliminary plat is absent of any drainage and utility easements. City Engineering has made comments to this issue in their separate review memo and conditions have been incorporated as part of any approvals. There appears to be no drainage or grading plans submitted with this plat, as all physical conditions of the land will remain intact until such time when development takes place. As stated previously, city staff is. unaware of Mr. Hildreth's plans for redevelopment of this site, and is unable to provide any possible development scenarios or timelines. Staff assumes that once the housing (development) market rebounds, the city might expect a follow -up application from Mr. Hildreth or others on this site. For all intents and purposes, this is a fairly simple and standard plat request. The new lots . created will not, at his time impede any orderly growth of the neighborhood or cause any increased impact on local services. The Plat appears to meet all minimum requirements set forth under City Code Chapter 15 — Platting. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2011 -13, which comprehends the approval of Planning Application No. 2011 -018, which proposes a Preliminary Plat for Evergreen Villas, subject to the following conditions and allowances: 1. The final plat shall be subject to review and approval by the City Engineer. 2. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 3. Prior to final plat approval, all encroachments into or over proposed lot lines shall be removed and verified. 4. No building permits shall be issued for any new dwellings until the plat has been given final approval by the City Council and filed with Hennepin County. • Evergreen Villas - PP Page 3 of 4 10 -27 -11 • 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). 6. The Applicant shall provide a 10 foot drainage and utility easement on all exterior lot lines. 7. The Applicant shall provide a 5 foot drainage and utility easement on all interior lot lines.' 8. Disconnect existing sewer and water services at the main on Lot 1, Block 1. 9. Cure swing set encroachment (move swing set to one side of the property line or the other, dependent on owner). 10. Dedicate 70 Avenue North as right -of -way including 2 -ft behind the existing sidewalk on the final plat. 11. Install a new sanitary sewer service to 720 - 69 Avenue that does not encroach on Lot 2 and remove the old service line. 12. The boundary and topographic survey must show the sanitary sewer an d water service and material for the existing house. ATTACHMENTS • • Aerial/Location Maps • Preliminary Plat of Evergreen Villas • City Engineer's Review Memo (dated 10 /21/2011) • Planning Commission Resolution No. 2011 -13 Evergreen Villas - PP Page 4 of 4 10 -27 -11 LOGISMap Output Page 1,067201 � 7200 1012 7113 ,005 /7107 ❑ 1107 1101 7100 1013 ,009 �� • 710, $ ❑ 7124 7413 7112 703) C) j a 7037 m , Ew,9rnn Park Y i { 020 z 7 / c 7019 9 O Y 7013 G ^ - m 7001 j n ❑ 6927 _— — 70TH AVE N = - C1 Y ' y I 6921 , { I a 861 N ,coo z BB d73• kr 877 4 224 ll ! 407 EMERSON LN N d J�� . E�as 1 ! a -? ` I ( 816 i 824 i 7bi I I 'I 420 . _--- -- ---- --- --- - 89TH AVE N ---- -- -- - - --- -- i I • 6843 g6& E843 8644 8645 S 811 1 8„ 801 711 707 701 S 6837 6639 I I 6840 B830 6640 1 6631 307 601 421 683, 6633 6836 663, 6632 718 712 $624 6825 6631 rt 6832 6823 1 22 6818 66,9 6827 < 6624 6617 ni 8816 66,3 "P 6812 22 703 6812 6613 6816 86,1 6511 6808 6807 = 6806 22 6807 8805 8605 6600 6801 419 680, g 880, I 6800 6801 5 G152705 6742 6743 i.. - - GSTH AVE - N SUBJECT PROPERTIES • http:// gis. logis. org/ LOGIS_ ArcIMS/ ims? serviceName= bc_ logismap _ovsde &ClientVersion =4.0& Form = True &Encode= False[10 /21/2011 8:52:20 AM] LOGISMap Output Page ,r t 707H AVE N 857 i= v � �t61 ►r .r . 873 f * 1 l7 677 w zi K 600 1 816 82� 720 • 69TH AVE N Y 82t 6644 6645 Y. 707 801 ' 711 TO1 dtt . hl— J.,AcFJS Cg, Cj LOG1SG • AERIAL MAPPING - LOCATION 720 & 800 - 69TH AVENUE N. http:// gis. logis. org/ LOGIS_ ArcIMS/ ims? ServiceName= bc_ logismap _ovsde &CiientVersion =4.0& Form = True &Encode= False[10 /21/2011 8:53;46 AM] MEMORANDUM • DATE: October 21, 2011 TO: Tim Benetti, Planning and Zoning Specialist FROM: Bruce Johnson, Engineering Technician Supervisor SUBJECT: Public Works Preliminary Plat Review— Evergreen Villas Public Works Department staff reviewed the preliminary plan submittal dated October 14, 2011, for the proposed Evergreen Villas and have the following comments: 1. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). 2. Provide a 10 foot drainage and utility easement on all exterior lot lines. 3. Provide a 5 foot drainage and utility easement on all interior lot lines. 4. Disconnect existing sewer and water services at the main on Lot 1, Block 1. • 5. Cure swing set encroachment (move swing set to one side of the property line or the other, dependent on owner). 6. Dedicate.70 Avenue North as right -of -way including 2 -ft behind the existing sidewalk on the final plat. 7. Install a new sanitary sewer service to 720 69 Avenue that does not encroach on Lot 2 and remove the old service line. 8. The boundary and topographic survey must show the sanitary sewer and water service and material for the existing house. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The preliminary plan (site plan and preliminary plat) must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plat and final site plans may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. • AUD SUB 309 • INVOICE NO. 79465 F.B.NO. 1052 -63 PRELIMINARY PLAT SCALE: 1 "= 40 ' . D"mNa FaNlmn MenumaM O paroles lrm M°numml - - - - -m- r. m-- n- m- r- EVERGREEN VILLAS° Dan�aa9n9El.e scum twEwmeNORm 6w.rerwlorsz = - S89 °53'59 "E 166.85 CITY OF BROOKLYN CENTER, HENNEPIN COUNTY --- �`- �,--- "°--- „ -°" -� , "70THAV - �4w~..�ro� "' scum uNCwmENazm 6soreErwlws2 E. N. B 61B"ii 8 �r ALOE•l• m RIGHrwWAY [R6arEp BYCCLfAMENINa.326B998 ,41 _ 89 ° 53'59 "E1 � _ _ f + "dpxd r°ComtNC Co.zm.wl / S 89 °53'57" E. / \ 846.33 I � Semen I br>.e /\ \ I �seme rt d l perx. no.4743613 t aaelsolbe mv0ds NAO a3 ��� %\9 coortllnatea Provltletl M Hemcepin Co. P a / �e - - = ' A -s t-ts eey,.ert dK No.6D7 Humepin C.- t"I.Uumen�26,'fwmship 119,Ravge 2l, \ } 846.8 of6911, A cN -dB -1AvoN aced at dx inmrsecfioa / rren I Eleva' =84921 feet '• r� ro-m6 1 No.as \ t w i LEGEND OWNER &DEVELOPE Gas b- GAS - R N 1 \ -S THE 720 COMPANY LLC 5W- setae - A,w:,�"y �zertyz aeR -3 6680 _ 11 \\ E 6066 Shingle Creak Parkway / tl N F a aem "„y ow„e.: 1166 Broo . // O 1 \\ _ 9936th6th 5tmet Water Mam - WM - ` \ N 1 \ a Mw[rose, MN 55363 Brooklyn Center, MN UG -Comm - UGT - / mobile phone 763- 227 -8614 � <,a A- 1 1 � \ Attn: Brett Hibreth Overhead Wms - - 85 >TXh AVe.N r"� 14.] e4 >1B\ Aejgnxrg PnsP =NYZ rGR -4 _ . -_ -- / erookyn Lenten MN 55430 �! �> 1 gAb / 1 Ex hf a Gonwar \ Catch Bsin 1-s split 1 _, \" No.865 ` \ / I Manhole I \ "LOT 1 Power Pole PROPERTY ADDRESS: fl /Dp1 ,r�oi, r Y 0- Y ' I- •;7.�n axe.,,, 1 1 - e4>.ol ♦ H drar2 H d 720 8 800 69th Ave. N 5u1" BrooWyn Canter. MN • / \ e-rco I5 1 ♦\ \ 696.99 846.3 PID NUMBERS: 25.119 - 21 25- 119- 21J4 -W07 14 1 / \ \ 1 ! b \ 2 " s.s 1 / k r` PARCEL AREAS: \ \ \ 1/ 9�' \\ `/♦,_ _ aes.4 1 ! c 6fZ. a _ Total = 140448 sq it (3.22 aces) ) \ / _ _ _ _ _ - 04643 •� - 70th Ave N = 6994 sq it (right of way dedication) \ / + - - Proposed Lot 1 = 121870 sq.tt 4 D - S 89 ° 59'42" E 160.03 - 3 Proposed Lot 2 -11584 sq.ft � bac 4Q4• \ 6 \ so 'I .0 r / Property curre ity zoned R -1 Residential Note: UUfdy locations shown from field Iowtions and available maps. F A4pwmy Owner: O '"In \`' F 7 846.3 \ \ ! 3 64]. • e / ,sl / Tp Rxhe4 NA:COCM1e Z W� / A7 \ '` I ].� /O• >.9 � 816 69fh A✓c. N " j i r4''Y� I \ 6. Oro 9936m I BrmNyn Center, MN 55430 -r r `\ ! f _7' ` I 5 ' \ •> Ca. 1 �� "`m 5trcet 1' / 1 Bq >,_S.0 1'A T Mmfrosq MN 55363 ' \ hot Iz•\ I an IL < ] ,' 1 ^ P .c / e16'B B4 aLl r \ �a1k W �/ Is \ $ I w L„; IZ• 1 °"e / 8 N e4].> F- LBI].60.W \ Nn xmt nni° Propereyz eR -1 l 1\ tin• l \ I a 1 l 589 °5942° €1.04 6 1 I�].5 - \\ \\ \ i 1 :_� ❑nc b.;ravi shed® N bJe^'^9TRa'tY ZOnCe R4 2 -S 5t.- ' o_ LOT 2 Ia rr \ gs EXISTING LEGAL DESCRIPTION: 1,1316 1,1316 Qj�]6 B9B.4 \ \ 645. - ro 15.4 \ �„ 1 , t . O >�> That part of Lot 521yin9 south of the Nort felt thereof 660 fe thereof and the South 23925 feet of the West 160 feet of Lot 53, i /\ \ s ��fe^"^t,,.IPa• B9 .o b /141- \ , \ ,�.- �.'•.„>rs` o B4 °6 AUDITORS SUBDIVISION NO309, Hemepin Couory, Minnesota. Subject to casements and toads. I lo• z B4>4 a z4• $ -s. {_ _ B4]. 848 .4 89.3 OU 84B.ap' Ern 5 nn -64s o- � eye - t Axeer l �c �In 65ry.. / rn �>.B .< a.- n- n -.. -a. n ar- a�a -ar _ - ,ronn "- -_ �- �4` 3 fi � � " � -„ � .. e .. __� � ..- __ �.a• - e - ° _° _ "_ "- � -" -°'- m "839.64 fl _ SOU RIE�'W SEC 2 r19. R 21 \ I a The only easements shown are from palls of record or Information provided by clkrrt. (HLSAH No. 130, P1A1.27) L ,.,, b9s.9s -s, s,r_a _,� . -m�� N• °,W� �' " " e ' - r:,7- bas. - wars= �"a -"a -"a -- "l P rtlfY ca6on report Boa al Nis dm y dlrec d[mG supervision su rW and and thati am ematlul duly Licensed by ^or by tJcansetl land Sarveyor under the laws of the State of Minnesota PREPARED BY: DMWJ- 29,2011. THE GREGORY GROUP, INC. • LOT SURVEYS COMPANY, INC. LANDSURVEYORS Esu- blhbsdin1962 REGISTE UNDER THE LAWS OF STATE OF MNNESOT_'1 tallt-w- (!ea)NnJO9a Signed Rev Drawn By 9,46 to Vu Sal -a.U1 arw"ae�JyNivws,nxss9m Gregory R ps h, Minn. Reg. No. 24992 Flle Name As10952- 53401a5263hv79465Awg • Commissioner Morey introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2011 -13 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -018, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF EVERGREEN VILLAS SUBMITTED BY BRETT HILDRETH ON BEHALF OF 720 COMPANY, LLC WHEREAS, Planning Commission Application No. 2011 -018 submitted by Brett Hildreth on behalf of 720 Company, LLC requesting approval of a Preliminary Plat approval of a subdivision to be titled Evergreen Villas, which is a replat of two contiguous lots generally located and addressed as 720 — 69 Avenue North and 800 — 69 Avenue North; and WHEREAS, this plat is being requested to create two (2) separate lots for the benefit of an existing and to remain single family residential dwelling located at 720 — 69 Avenue North and a larger, vacant lot for future residential development; and WHEREAS, the Planning Commission held a duly called public hearing on October 27, 2011 at which time a staff report and public testimony regarding the preliminary plat of Evergreen Villas were received; and WHEREAS, the Planning Commission has determined during its review of this preliminary plat submitted with Planning Application No. 2011 -018, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -018 submitted by Brett Hildreth on behalf of 720 Company, LLC requesting approval of a Preliminary Plat approval of a subdivision to be titled Evergreen Villas, be approved based upon the following considerations: 1. The final plat shall be subject to review and approval by the City Engineer. 2. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 3. Prior to final plat approval, all encroachments into or over proposed lot lines shall be removed and verified. 4. No building permits shall be issued for any new dwellings until the plat has been given final approval by the City Council and filed with Hennepin County. 5. An updated certified abstract of title or registered property report must be provided to . the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). 1 6. The Applicant shall provide a 10 foot drainage and utility easement on all exterior lot lines. 7. The Applicant shall provide a 5 foot drainage and utility easement on all interior lot lines. 8. Disconnect existing sewer and water services at the main on Lot 1, Block 1. 9. Cure swing set encroachment (move swing set to one side of the property line or the a other, dependent on owner). 10. Dedicate 70 Avenue North as right -of -way including 2 -ft behind the existing sidewalk on the final plat. 11. Install a new sanitary sewer service to 720 - 69 Avenue that does not encroach on Lot 2 and remove the old service line. 12. The boundary and topographic survey must show the sanitary sewer and water service and material for the existing house. Date ""j hair ATTEST Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Parks and upon vote being taken thereon, the following voted in favor thereof. Chair Pro Tern Kuykendall, Commissioners Morey, Parks, Schonning and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. • 2 . MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 27, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tern Kara Kuykendall at 7:05 p.m. ROLL CALL Chair Pro Tern Kara Kuykendall, Commissioners Rachel Morey, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business and Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Sean Rahn and Carlos Morgan, were absent and excused. Stan Leino was absent and unexcused. APPROVAL OF MINUTES — October 13, 2011 There was a motion by Commissioner Morey, seconded by Commissioner Parks, to approve the minutes of the October 13, 2011 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Pro Tern Kuykendall explained the Planning Commission's role as an advisory .body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2011 -018 — BRETT HILDRETH (720 COMPANY LLC) Chair Pro Tern Kuykendall introduced Application No. 2011 -018 a request for Preliminary Plat approval of Evergreen Villas to replat two existing parcels into two (new) platted lots, located at ` 720 and 800 69 Avenue North. Mr. Benetti presented the staff report describing the location of the property and the proposal. He explained that the applicant intends to create a small sized lot for the existing residence at 720 69 Ave N and the remaining larger parcel will be identified as 800 69 Avenue N and used for future residential development, however, the applicant does not have any plans at this time for future development of the parcel. Mr. Benetti further explained that although 720 69 Avenue N will lose a large portion of land area, minimum lot standards and setbacks requirements will be met by the newly created parcel. PUBLIC HEARING — APPLICATION NO. 2011-018 There was a motion by Commissioner Morey, seconded by Commissioner Parks, to open the public hearing on Application No. 2011 -018, at 7:15 p.m. The motion passed unanimously. • Chair Pro Tern Kuykendall called for comments from the public. 10 -27 -11 Page 1 The applicant, Mr. Brett Hildreth, addressed the Commission and stated that he had not seen the • report before tonight and asked for some clarification on the report. He asked when the report had been finalized since he saw some surprises, specifically with the sewer lines. Mr. Benetti stated that the reports had been finalized last Friday and apologized if he had not received a copy. Mr. Benetti explained that Public Works informed him that the sewer line would not be allowed to run through another property but could possibly be accomplished with an easement. Mr. Hildreth also asked if the dedicated right of way along 70 Avenue along the sidewalk was standard. Mr. Benetti responded that it is standard procedure. Mr. Hildreth asked that since there were some issues to address with Engineering, would he be able to have the preliminary plat and final plat reviewed for approval by City Council at the same time. Mr. Eitel responded that the final plat is filed with Engineering, however, city ordinances require that a preliminary plat approval must precede the final plat process. Mr. Hildreth asked if moving the sanitary sewer could be done at a later date. Mr. Benetti stated that the he would work with the applicant and Engineering to resolve the issue of the sanitary sewer and would hope that they could achieve resolution with an easement. Commissioner Parks asked if the applicant had any idea regarding future plans for the larger lot. Mr. Hildreth explained how the lot would be laid out and demonstrated how the sewer sanitary • could be serviced to the new lot. He further explained that with the development market relatively distressed right now, he would hope that when the market rebounds, he would be able to create a single family development with some new housing, possibly three to five years down the road. Commissioner Parks asked if there were any old growth trees on the lot. Mr. Hildreth responded that there are trees that are approximately 10 to 20 years old. No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -018. CLOSE PUBLIC HEARING There was a motion by Commissioner Morey, seconded by Commissioner Schonning, to close the public hearing on Application No. 2011 -018, at 7:31 p.m. The motion passed unanimously. The Chair Pro Tem called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011 -013 There was a motion by Commissioner Morey, seconded by Commissioner Parks, to approve Planning Commission Resolution No. 2011 -013. • 10 -27 -11 Page 2 . Voting in favor: Chair Pro Tem Kuykendall, Commissioners Morey, Parks, and Schonning. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its November 14, 2011 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM: BROOKLYN BOULEVARD CORRIDOR STUDY Mr. Eitel stated that staff would like to initiate an open discussion with the Commission to identify key areas through the Brooklyn Boulevard corridor area, specifically the "Upper Region ". He added that although SRF has tentatively identified planning and design issues, staff would like to ensure that the Planning Commission remains an integral part of this study. A number of issues to be studied include land use, driveway and access connections, right of way design, sidewalk and trail connections, signage, streetscape, landscaping and similar enhancements, and a variety or other issues. Mr. Eitel explained some of the existing properties in the area of 65 and Brooklyn Boulevard that are currently zoned residential'and could be combined to create a commercial development. He then described the parcels on the west side of Brooklyn Boulevard that contain two commercial properties with an apartment complex behind it and Garden City Elementary on the east side of Brooklyn Boulevard. He further pointed out various residential properties along • Brooklyn Boulevard and pointed out each property's driveway is accessed. He further explained how the study will target problem areas like this one and propose resolutions to create better, safer access along Brooklyn Boulevard. OTHER BUSINESS: There was no other business. ADJOURNMENT There was a motion by Commissioner Morey, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:11 p.m. Chair Recorded and transcribed by: Rebecca Crass Recording Secretary 10 -27 -11 Page 3 City Council Agenda Item No. 10a 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUMMARIZING THE EVALUATION OF THE CITY MANAGER WHEREAS, the City Manager is under an employment contract with the City of Brooklyn Center entitled CITY MANAGER EMPLOYMENT AGREEMENT, dated as of September 25, 2006 ( "Employment Agreement "); and WHEREAS, Section 4 of the Employment Agreement provides for periodic evaluation of the City Manager's performance; and WHEREAS, the City Council conducted an evaluation of the performance of the City Manager at a special meeting, in closed session, on October 26, 2011; and WHEREAS, Minn. Stat. § 13D.05, Subd. 3 requires that when a public body closes a meeting to evaluate the performance of an individual subject to its authority, the public body shall, at its next open meeting, summarize its conclusions regarding the evaluation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. The summary, of the conclusions of the City Council regarding the evaluation of the performance of the City Manager is as follows: The City Council evaluated the performance of City Manager Curt Boganey. The Council reviewed the manager's performance in the following categories: relations with the City Council; planning; organizational skills; budget and finance; community relations; personnel relations; management skills; leadership; and enforcement of the City Charter and City Code. The Council expects its manager to perform at a high level of competence in all of those areas, and it determined that Mr. Boganey has met or exceeded Council expectations in every category. November 14, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10b • COUNCIL ITEM MEMORANDUM DATE: November 14, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Rental License for 5807 Drew Avenue N Recommendation: It is recommended that the City Council consider approval and the issuance of a Type I Rental License for 5807 Drew Avenue N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to re are proposed findings for denial of the p P p P g rental license and draft said resolution for the next Council meeting. Background: The property would qualify for a Type I Rental License based on zero property code violations. noted on the recent property inspection and zero validated police nuisance calls reported for the i P p Y o p P P past year. However, the property owner failed to meet the condition of the Type IV rental license, specifically the required attendance at the Owners /Managers Association Meetings. The property owner received a Type IV Rental License on September 12, 2011 on condition of adherence to the mitigation plan and City Ordinances. City Ordinance Section 12 -901.2 requires a licensee of a Type IV Rental Property to complete Phase III of the Crime Free Housing Program. City Ordinance Section 12- 914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. According to City ordinances, if the requirements of the license category and the mitigation plan are not met within the licensing period, the license renewal category remains a Type IV. There are some extenuating circumstances to consider in this case. As part of the previous Type IV rental license process, the property owner thought that he met the conditions of the Mitigation Plan and therefore would qualify for another property type. Specifically, he indicated on the Mitigation Plan that he would attend the second Association of Responsible Management meeting on November 10, 2011, ten days after the license expiration. Although the property owner received a letter indicating all the requirements, including the attendance of the ARM meeting must occur within the license period, the Mitigation Plan does not clearly state that the second date was not within the required time period. Since all other license conditions have been met and staff feels that this could have been more clearly indicated for the Council during the initial approval of the Type IV rental license and Mitigation Plan, staff is recommending approval of a Type I Rental License in lieu of a Type IV Rental License. If Council chooses to continue the license as a Type IV Rental License a resolution is attached for consideration. • 311" .a oll. ;n.vrta•ing fill altr ucli ve. de am, .§rife c°rsinr.rznd4j' that eahaa c n the fjuldifr of fiJc> crndpr e'verre s tht= public it 4s COUNCIL ITEM MEMORANDUM The following is a brief history of the license process actions: • Current Rental License Approval Activities: 09 -27 -11 The owner, Drew Kabanuk, applied for a renewal rental license for 5807 Drew Ave N, a single- family residential property. 10 -28 -11 An inspection was conducted noting zero violations. 10 -31 -11 The rental license expired. 11 -02 -11 Zero validated police /nuisance calls were reported. Prior Type IV License Approval Activities: 02 -16 -11 Drew Kabanuk applied for renewal of the rental dwelling license for 5807 Drew Ave N, a single - family residential property. 04 -06 -11 An initial rental inspection was conducted. (20 orders cited, see attached rental criteria) 04 -30 -11 The rental license expired. 05 -20 -11 A second rental inspection was conducted and passed. 05 -20 -11 Zero validated police incident /nuisance calls were reported. 06 -07 -11 A letter was sent to the owner notifying of the qualification for a 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.) 07 -20 -11 A second letter was sent to the owner regarding Type IV license requirements. 08 -11 -11 A citation was issued for failure to submit a mitigation plan. 08 -15 -11 A Mitigation Plan was received and returned since it was incomplete. 08 -17 -11 The Mitigation Plan was received. 08 -23 -11 The Mitigation Plan was finalized. 09 -12 -11 A Type IV rental license was issued by the City Council. 11 -03 -11 A citation was issued for failing to meet rental license requirements. i Alhvv ion E'nVilring rill aftrac,tive. chum, s €lfi> txararr ufni�v that enhances the ,ualitY, of tifi and prexenli'w theri, ublic trust COUNCIL ITEM MEMORANDUM S 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. s Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. • a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1. 5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include . disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct. Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3 -4 units 0 -0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: • There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Copy of Mitigation Plan Approved as Part of the 09 -12 -11 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 5807 Drew Avenue N • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City of Brooklyn Center Phone: 763 - 569 -3300 6301 Shingle Creek Parkway TYVVoice 711 Brooklyn Center, MN 55430 -2199 Fax. 763-569-3494 w w w. ci tyotbro ok& cen ter o rg Rental License Mitigation Plan (Type IV License) Handwritten plans will not be accepted Please type or useTillable form on City website. Property Address 5807 Drew Avenue, Brooklyn Center; MN Owner Name Drew & Terri Kabanuk Local Agent: Owner Address: Agent Address: 5520 Twin Lake Terrace Crystal, MN, 55429 Owner Phone: 763- 535 -2525 Agent Phone: Owner Email: Agent Email: The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be completed and reviewed by City staffbefore 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 ide possible solutions to improve the overall conditions of the pro • Sech9H Required:Documenta ; Submit the following documents with the Mitigation Plan for approval: F ✓ 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section B. V 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum ©3. Submit written report by 10* of each month (after license approval). `Sechtfi� 8 Came Fii;ee $ous�i P , ram R uirements ": 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: Sept. 14th (NH) Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. r^ Date Scheduled: l Improvements to be completed by. Page 1 Type IV Mitigation Plan 4 -11 Page 1 of 1 • Phase III I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 9 2011 & 11/10/2011 I will have no repeat code violations previously documented within the past year. Far properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Room-NINE= MIEW Date Last Replaced Future Date Fumace/AC 2001' VW Water Heater 2024 # Kitchen Amliances 2006 ?' 2020 # Laundry Appliances Not Provided Not Pr Exterior Paint/Siding 200 9'/1995' 2024#12015 # - Windows 995 ?` 2018# -Roof 2006' 2026 # -Fence No Fence No Fenoe -Shed No Shed o She - Garage 19957' 2035* -sway 2001?' 2031 # - Sidewalks 19957k 2025 # Smoke Alarms & Carbon Monoxide Alarms 2010 2020 # Other. Not Exact #whenneeds Implementing the following best practices may assist in the management of your property. • By checking the boxes below, yore agree ta: ✓ Check in with tenants every 30 days. V 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 ✓ financial claims due to the City. ✓ Other: Tennants provide their own Lawn/Snow, & Garbage Services. 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 IO" of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all stops 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 fileWCADocuments and Settings \janderson3 \Local SettingsUemporary Internet Files \Cont... 8/17/2011 with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. Drew Kabanuk - (Owner) Owner or Agent Name and Title (Please Print) law -// bwn er Date Terri Kabanuk - (Owner) Additional Owner or Agent Name a d Title (Please Print) (f applicable) Additional Owner as p9 Signature (f applicable) Date Police Department / Title Da Buildin A g� r- aXommunity Standards Department /Tide D Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5807 DREW AVENUE N WHEREAS, City Ordinance Sections 12 -900 to 12 -916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5807 Drew Avenue N, was issued a Type IV Rental license on 09- 12 -I1; and WHEREAS, City Ordinance Section 12 -901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12- 914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and send in monthly updates ;and • WHEREAS, the property owner of 5807 Drew Avenue N, Brooklyn Center failed to attend the required number of Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5807 Drew Avenue N, Brooklyn Center, MN. November 14, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOc 1 • COUNCIL ITEM MEMORANDUM • DATE: November 14, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 6800 Dupont 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 6800 Dupont Avenue N. If the Council chooses not to 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 seventeen (17) property code violations found during the initial rental license inspection and zero (0) validated police incidents /nuisance calls for the past twelve (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 Rental 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: 07 -12 -11 Yi Lin applied for renewal of the rental dwelling license for 6800 Dupont Avenue North, a single - family residential property. 08 -24 -11 An initial rental inspection was conducted. (Seventeen orders cited, see attached rental criteria) 09 -29 -11 A second rental inspection failed with one item corrected. 10 -03 -11 A third rental inspection was conducted and passed. 10 -03 -11 Zero validated police incident/nuisance calls were reported in the past 12 months. 10 -19 -11 A letter was sent to the owners notifying of qualification for a Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 10 -31 -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 Mission: Ensuring an attractive, clean, safe cone ncnity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 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 i the Council. No later than the tenth da approved or modified b Y after each calendar Pp Y 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. . 0 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. • 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe community that enhances the 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;., Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3 ±units Greater than 0 75 =but not more S ,, Type III —1 Year 1 -2 units Greater than 4 but not more than 8 units' Greater than 1, 5 LL .but notxnore Type IV — 6 Months 1 -2 units Greater than 8 3 +, units' Greater,than 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 5 or more units 0 -0.35 Decrease 1 1 -2 Gr eater than 1 but not more than 3 Category 3= 4uruts Greater,than,Q_25„ butnot`morethan,ls , 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 r u 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City of Brooklyn Center Phone: 763 - 569 -3300 6301 Shingle Creek Parkway 77Y /Voice 711 Brooklyn Center, MN 55430 -2199 Fax 763.569 -3494 www.cityotbrook1vncenMrorg AM Rental License Mitigation Plan (Type IV License) : Handwritten plans will not be acce led Please type or amuse finable form on C' website. YAI P rap �e� . �. b erd Y9.. i tt� �(, f �.?r � Yo � a a . I& e above referenced property qualifies for a Type TV Rental License. A Mitigation Plan roust be rrtpleted and reviewed by City staff before the rental license application can be considered for proval by City Council, A Mitigation Plan should indicate the steps being taken to correct i entifed violations and the measures that will be taken'to ensure ongoing compliance with City rdinances and applicable Codes. The Mitigation Plan provides an opportunity to review property c ncetzts and identify ossibl4 solutions to im rove the overall conditions of the pro perty. Submi the following documents with the Mitigatio,u flan for approval: • F 71 1 . Crime Free Dousing Prdgram Training Certificate (if completed, if not completed, please include F71 � — �� scheduled date in Section B. 2. v 1 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by l0 of each month (after license approval). Phase I 1. Use written lease includinolCrime Free housing Lease Addendum, 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I . 3. Pursue the eviction oftenar is who violate the terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Co ne Completed: §tpj ember 3.2010 Date Course Scheduled: n a Prase t Complete Security Assess t and implement all security improvements recommended by-the r Brooklyn Center Police D � - Date Scl eduled: 91/03/2011 Improvementts to be completed by: 11117/2011 Pag l I Type IV Mitigation Plan 4 -11 s Pha Ill I will attend a minimum ol� 50% of the ARM nmeetings (two). I will attend the ARM mee ' gs scheduled for: IP i & - di V 1 will have no repeat code violations previously documented within the past year. For p operties with four or more midis: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Date Last Replaced Future Replacement Date Fuma a /Ali WIN= 10/012016 Water eater 10/012011 N/A Kitche Appliances 03/01/2011 03/012016 Laund y Apeliances NIA WA Exterior - Paint/Siding unknown 10/01/2016 -Windows 10101/2011 1010112016 -Roof 0810112011 08/0112031 -Fence unknown 10/012016 -Shed unknown 10101/2016 - Garage 10101/2011 10/01/2031 - Driveway unknown 10/01/2016 - Sidewalks 08/01/2011 1 06/0112021 Smoke Alarms & Carbon Monoxide Alarms osrol/2011 08101/2013 j Othe r : n/a n/a ple enting the following best practices may assist in the management of your property. liy the king the boxes below, you gree to: Check in with tenants every' 30 days. ✓ Drive by property to check or violations twice a month. f Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. Install security system. rovide maintenance service plan for appliances. Name of service company: I am and will remain curren on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. other: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the a iproved Mitigation Plan and all applicable city codes. No later than the 10 of each calendar ir oath, the licensee must sugit to the Building and Community Standards Department a written rt port describing all steps takgn to comply with the Mitigation Plan. I verify that all information pr'Pvided above is true and accurate. I understand that if I do not comply 2 T ype IV Mitt g ation Flan 4 -11 e g I ith an approved Mitigationplan, enforcement actions such as citation, formal complaint or icense review may result. hai Hong Lim Properties Owner or Agent Name and Title (Please Print) O>xCr or Agent Signature Date Additianal Owner or Agent Name and Title (Please Print) (if applicable) Additional Owner or Agent Signature (zf applicable) Date DDlicepartment / Title Dat l � lding & Community Standards ]Department l Title DAte Pa 3 Type IV Mitigation Flan 4 -11 •