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HomeMy WebLinkAbout2012 01-23 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION January 23, 2012 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 January 23, 2012 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. January 9, 2012 — Study Session 2. January 9, 2012 — Regular Session 3. January 9, 2012 — Work Session b. Licenses AGENDA c. Approval of Site Performance Guarantee Reduction for 1501 Freeway Blvd — FBI/GSA Headquarters d. Resolution Calling for a Public Hearing on Proposed Use of 2012 Urban Hennepin County Community Development Block Grant Funds 7. Presentations / Proclamations /Recognitions/Donations —None CITY COUNCIL AGENDA 8. Public Hearings —None 9. Planning Commission Items —None -2- January 23, 2012 10. Council Consideration Items a. Resolution Receiving a Report from the City Manager Outlining a Partial Rental License Review Process for Granite Peaks Located at 3907, 3909, and 3911 65th Avenue North Requested Council Action: — Motion to adopt resolution. b. Consideration of Type IV 6 -Month Provisional Rental License for 6234 Brooklyn Boulevard 1. Resolution Approving a Type IV Rental License for 6234 Brooklyn Boulevard Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. — Motion to adopt resolution. c. Consideration of Type IV 6 -Month Provisional Rental License for 6207 Colfax Avenue North 11. Council Report 12. Adjournment 1. Resolution Approving a Type IV Rental License for 6207 Colfax Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. — Motion to adopt resolution. 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. AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 23, 2012 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Random Acts of Kindness 2. Dispatch Funding PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing Council Chambers City Hall 1. Progress Reports on Achievement of Strategic Goals — February 2012 2. Annual Department Year End Reports — February 2012 3. Property Maintenance — Including Snow Removal — February 2012 4. National League of Cities Service Line Program — February 2012 5. Sister City Update — March 2012 6. Active Living Program — March 2012 7. Highway 252 Update — April 2012 City Council Agenda Item No. 6a • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 9, 2012 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, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey presented the new handout for Item 6g, Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations, that included the most recent census information. Mr. Boganey presented staff's recommendation to remove Item 3b from the EDA agenda because several changes were not included in the final draft, which will be updated and considered at the next EDA meeting. The consensus of the City Council was to revise the January 9, 2012, EDA agenda to remove Item 3b, Resolution Authorizing Third Amendment of the Food Service Management Agreement with Flik International Corp. Councilmember Lasman asked whether the Chaska Convention Center is a competitor. Mr. Boganey answered that it is at a great enough distance to not be considered a competitor. Councilmember Lasman asked whether the Fire Department had instituted the smoke detector and alarm program. Mr. Boganey stated his understanding is that the issues have been addressed and the alarm program is now operational. He indicated he would provide the City Council with an update. Councilmember Ryan noted a tobacco license was being considered for the Brookdale Holiday Store at Bass Lake Road and Xerxes Avenue and asked how well the store's personnel is trained to resolve disturbances. Mr. Boganey stated he will follow up with the Police Department and provide the City Council with an update. 01/09/12 MISCELLANEOUS -1- DRAFT Mayor Willson stated the U.S. Mayors Association has listed Brooklyn Center's population as being under 30,000 and asked staff to assure that is corrected. Mayor Willson stated the Open for Business Program has been finalized through Hennepin County. He explained the ISAIAH Group had indicated minorities want to be better informed. Mayor Willson suggested a distribution through churches would be in order to disseminate information. Councilmember Lasman stated at the last meeting she had asked staff to provide a brief summary on that program, which was provided, but perhaps a more expanded announcement could be created once that information is available. Councilmember Kleven stated she noticed a sign at the new Golf Course indicating they rent their Club House and asked whether the City rents its Club House. Mr. Boganey stated the City does not rent its Club House but it is worth looking into that option. Councilmember Lasman asked about the status of the liquor license for Mr. BBQ. Mr. Boganey indicated there had been some contact with the City Clerk over the last several months and he thinks they are getting the building's interior ready but have not given definitive information on when they plan to reopen. He stated he will follow up with the City Clerk and provide the City Council with an update. 01/09/12 DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS YOUTH PARTICIPATION REQUEST Mr. Boganey introduced the item, reviewed the history, and presented the offer of the Brooklyns Youth Council to serve as a resource for the City Council to reach some of its annual goals and discuss issues impacting the community. He presented the Brooklyns Youth Council's meeting schedule. He stated they are not necessarily looking for a permanent liaison but would like a Councilmember to attend a meeting, if the City Council is willing. Once more information is gained, the City Council can determine if it would like to appoint a permanent liaison. It was noted that many times the Brooklyns Youth Council meetings conflict with the City Council meeting schedule but January 30 and February 6, 2012, were the least encumbered dates. The City Council discussed availability and Councilmembers Ryan and Kleven volunteered to attend the meeting on February 6, 2012, to gain more information. The majority consensus of the City Council was to authorize Councilmembers Ryan and Kleven to attend a meeting of the Brooklyns Youth Council. RANDOM ACTS OF KINDNESS Mr. Boganey introduced the item and reviewed key issues identified and questions raised during the last discussion. The City Council discussed whether to change /clarify the definition/criteria of eligible recipients. Currently an eligible recipient does not have to be a Brooklyn Center resident but the random act of kindness needs to involve a Brooklyn Center resident. Also, currently the person making the nomination does not need to be a Brooklyn Center resident. -2- DRAFT • Councilmember Lasman supported limiting the number of nominations that one person can make and presenting only one award per person that lists multiple random acts, if appropriate. • Councilmember Kleven concurred and stated she supports allowing one person to nominate up to four random acts of kindness, combining awards on one certificate, and not recognizing the same act for two consecutive years. Councilmember Lasman supported leaving business contributions as an eligible recipient. Councilmember Kleven stated she felt a business giving out items with its logo was a promotion and form of advertising so it should not be recognized as a random act of kindness. She noted that businesses /organizations donating funds were already acknowledged and formally thanked, as appropriate. Mayor Willson stated he does not support changing or clarifying the definition/criteria. The consensus of the City Council was to make no changes to the definition/criteria of eligible recipients or acts. The City Council discussed what is an eligible act and whether it had to be random in nature. Councilmember Ryan stated this may be too difficult to define. He noted this program is popular so he would favor only making the most necessary changes acknowledged by the City Council. He indicated that ultimately the program depends on the good judgment of the citizens to recognize someone going out of their way to help someone else. Councilmember Ryan stated he was not concerned about the definition of "random acts" but felt the City Council could look at other issues that are definable, such as whether &business should receive an award. Councilmember Lasman supported honing down the list to include the more dramatic examples that all would respect as being a random act and give a better idea of what act is appropriate for nomination, which may also help quantify the threshold. 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. Councilmember Ryan moved and Councilmember Lasman seconded to reconvene the Study Session at 6:50 p.m. Motion passed unanimously. 01/09/12 RECONVENE STUDY SESSION -3- DRAFT Councilmember Kleven stated at one time she thought "random" should be taken out of the title but now thinks it should stand. She felt it was beneficial for the City Council to depend on the good faith and judgment of people who have been touched by an act of kindness without personal gain and that they should be honored. Councilmember Kleven did not think a list of examples was needed because it may be confusing. Councilmember Lasman supported revising the wording to clarify that the list is examples only. She suggested the list of examples be refined and pared down, perhaps eliminating half of the list. The City Council discussed whether to define a threshold to assure the acts are significant/meaningful enough. Councilmember Kleven restated her support to eliminate the list and instead rely on the good faith and judgment of the residents /nominees. Councilmember Ryan indicated this may be another example of something that would be difficult to define, as he had mentioned at the Work Session. He felt adjusting the list of suggested acts would be the best way to address it. The consensus of the City Council was to make no changes to define whether the acts are significant/meaningful enough. The City Council discussed whether to make changes to the list of examples and consensus was reached that changes should be made. Councilmember Lasman noted the list currently contains 20 -27 examples and suggest the list be reduced to 7 good examples and to keep wording general so the nominator knows this is only a list of examples. The consensus of the City Council was to reduce the list, not eliminate it, and each member provided staff with the examples they would like to remain on the list. This discussion continued at the January 9, 2012, Work Session. ADJOURNMENT Councilmember Kleven moved and Councilmember Ryan seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. 01/09/12 RANDOM ACTS OF KINDNESS — CONTINUED -4- DRAFT • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 9, 2012 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Diane Miller, 5316 Matterhorn Drive, Fridley, stated she owns rental property at 5843 Fremont Avenue N. and stated her concern with restrictions and undue burdens being placed on rental owners such as mandated ARM attendance. She stated she would like to become more active so she has a voice. City Manager Curt Boganey stated he will schedule a meeting with Ms. Miller. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION As the Invocation, Mayor Willson requested a moment of silence and personal reflection of thankfulness that our troops have been called home. 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. 01/09/12 -1- DRAFT 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as presented, and the following consent items were approved: 01/09/12 6a. APPROVAL OF MINUTES 1. December 5, 2011 2012 Budget Hearing 2. December 12, 2011 — Study/Work Session 2. December 12, 2011— Regular Session 6b. LICENSES BOWLING ALLEY AMF Bowling Centers, Inc. FIREWORKS - PERMANENT Big Lots GASOLINE SERVICE STATION Brookdale Holiday Brooklyn Center Service, Inc. Holiday Stationstores, Inc. Qwest Communications Royalty & Sons, Inc. SuperAmerica LIQUOR — CLASS CLOSING Oak City 6440 James Circle 5930 Earle Brown Drive 5710 Xerxes Avenue 6849 Brooklyn Boulevard 420 66 Avenue N. 6540 Shingle Creek Parkway 6044 Brooklyn Boulevard 6545 West River Road 1901 57 Avenue N. 6950 Brooklyn Boulevard D ON -SALE INTOXICATING. SUNDAY, AND 2590 Freeway Boulevard 2 A.M. -2- DRAFT MECHANICAL Chimney Caps Plus, Inc. Egan Company JJJC, LLC New Market Mechanical, LLC RC Heating & AC Tranwave Heating & Cooling, LLC PUBLIC DANCE AMF Bowling Centers, Inc. RENTAL INITIAL (TYPE III — one-year license) 5341 -43 Penn Avenue Passed w /Weather Deferral 5321 Fremont Avenue N. 5619 Knox Avenue N. 5223 Xerxes Avenue N. INITIAL (TYPE II — two-year license) 4212 61 Avenue N. 3200 63 Avenue N. 3306 65 Avenue 5524 Dupont Avenue N. 6001 Emerson Avenue N. 5309 Humboldt Avenue N. 7218 Kyle Avenue N. Passed w /Weather Deferral 6206 Scott Avenue N. RENEWAL (TYPE 111— one-year license) 2318 55 Avenue N. 5224 65 Avenue N. 2813 66 Avenue N. 6731 Bryant Avenue N. 5424 Fremont Avenue N. RENEWAL (TYPE II — two-year license) 7218 -24 West River Road RENEWAL (TYPE I — three-year license) 3819 France Place 4746 Lakeview Avenue 5449 Lyndale Avenue N. 6900 Regent Avenue N. 4207 Winchester Lane 25123 Goodview Avenue, Wyoming 7625 Boone Avenue N., Brooklyn Park 7964 Brooklyn Boulevard, Brooklyn Park 9025 West Highway 101, Savage 4880 McAlister Avenue NE, St. Michael 21205 Minnetonka Boulevard, Shorewood 6440 James Circle Margery Schwab Larry Norals Justin Jennrich Joseph Noonan John Hostetler Kyle Nguyen Yahya Osman Nicholas Manthey Keith Carrico John Pillen Xian Qiang Lin Mark & Cathy Cocker Helen Osonowo Pavel Sakurets Sufeng Zheng Chuma Ikeqwuani Bill McCrum Arlene Johnson Robert Lindahl Brian Melzer Dakota Communities Houa Her Gena Gaal 01/09/12 -3- DRAFT 01/09/12 TOBACCO RELATED PRODUCT Brookdale Holiday Brooklyn Center Services, Inc. Cub Foods CVS Pharmacy G & S Gerges, Inc. Holiday Stationstores, Inc. Royal Tobacco Royalty & Sons, Inc. Sun Foods SuperAmerica Village Market, Inc. Walgreen Company 5710 Xerxes Avenue N. 6849 Brooklyn Boulevard 3245 County Road 10 5801 Brooklyn Boulevard 6804 Humboldt Avenue N. 420 66 Avenue N. 6890 Shingle Creek Parkway 5625 Xerxes Avenue N. 6044 Brooklyn Boulevard 6350 Brooklyn Boulevard 6545 West River Road 1901 57 Avenue N. 6950 Brooklyn Boulevard 5808 Xerxes Avenue N. 6390 Brooklyn Boulevard 6c. RESOLUTION NO. 2012-01 DESIGNATING OFFICIAL NEWSPAPER 6d. RESOLUTION NO. 2012 -02 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e. RESOLUTION NO. 2012 -03 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND /OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION AND VISITORS BUREAU 6f. RESOLUTION NO. 2012 -04 APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES 6g. RESOLUTION NO. 2012 -05 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6h. RESOLUTION NO. 2012 -06 GRANTING CORPORATE AUTHORITY FOR TRANSACTIONS OF FINANCIAL BUSINESS MATTERS 6i. RESOLUTION NO. 2012 -07 ADJUSTING SALARY OF THE CITY MANAGER -4- DRAFT 6m. RESOLUTION NO. 2012-09 ESTABLISHING 2012 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Motion passed unanimously. 7. PRESENTATIONSJPROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. PRESENTATION TO COUNCILMEMBER LASMAN — NATIONAL LEAGUE OF CITIES SILVER LEVEL AWARD OF THE CERTIFICATE OF ACHIEVEMENT IN LEADERSHIP PROGRAM Mayor Willson described the outstanding service of Councilmember Lasman with the Leadership Training Institute and indicated she has been recognized with a Silver Leadership Executive Award, the second level of accomplishment requiring 36 credits of qualified training activities. He read in full the Certificate of Achievement and formally presented it to Councilmember Lasman. 7b. RESOLUTION NO. 2012 -10 EXPRESSING RECOGNITION AND APPRECIATION OF ALLAN HANCOCK FOR HIS DEDICATED PUBLIC SERVICE ON THE NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012 -10 Expressing Recognition and Appreciation of Allan Hancock for his Dedicated Public Service on the Northwest Suburbs Cable Communications Commission. Mayor Willson read the resolution and presented it to Mr. Hancock and thanked him for his service to the City. Motion passed unanimously. 7c. RESOLUTION NO. 2012 -11 EXPRESSING RECOGNITION AND APPRECIATION OF RACHEL MOREY FOR HER DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION Councilmember Kieven moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2012 -11 Expressing Recognition and Appreciation of Rachel Morey for her Dedicated Public Service on the Planning Commission. 01/09/12 6j. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY CHURCH OF ST. ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD FEBRUARY 11, 2012 6k. AMEND 2012 CITY COUNCIL MEETING SCHEDULE 61. RESOLUTION NO. 2012 -08 ESTABLISHING THE INTEREST RATE FOR 2012 SPECIAL ASSESSMENTS -5- DRAFT Mayor Willson read the resolution and presented it to Ms. Morey and thanked her for her service to the City. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2012 -01 RELATING TO LICENSING OF RENTAL PROPERTIES; AMENDING BROOKLYN CENTER CITY CODE SECTION 12 910, PARAGRAPH 7 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to allow application for a new rental license for a property with a revoked license prior to the end of the revocation period. It was noted this ordinance received first reading on November 28, 2011, and is scheduled tonight for second reading and Public Hearing. Mr. Boganey also presented Alternate A, ordinance language prepared by the City Attorney that addresses the concern raised during first reading dealing with the timing for when a new rental license can be submitted. This alternate language indicates that at the time of the revocation, the City Council shall determine the point at which a new application will be accepted. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Diane Miller, 5316 Matterhorn Drive, Fridley, asked how often a rental license is revoked. Mr. Boganey indicated the frequency of revocation in any given year is rare considering the number of rental licenses in Brooklyn Center. Councilmember Ryan noted since he began serving on the Council in 1997 there had been only two revocations due to severe infractions and violation of City ordinances. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Mr. Boganey clarified the Council has the authority to revoke or suspend a rental license whenever a rental property owner does not comply with the terms of the ordinance, including nonpayment of utilities or taxes. Motion passed unanimously. 01/09/12 -6- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2012 -01 Relating to Licensing of Rental Properties; Amending Brooklyn Center City Code Section 12 -910, Paragraph 7, with amended language Alternate A. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR PRO TEM Councilmember Ryan moved and Councilmember Kleven seconded to ratify the Mayor's nomination of Kay Lasman as Mayor/President Pro Tem and Dan Ryan as Acting Mayor/President Pro Tem for 2012. Motion passed unanimously. 10b. RESOLUTION NO. 2012 -12 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-12 Declaring Commitment to the Brooklyn Center City Charter. Mayor Willson read the resolution and noted this is an annual declaration. Motion passed unanimously. 10c. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVE/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2012 Mayor Willson announced the following appointments to serve as liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2012: Financial Commission: Housing Commission: Park and Recreation Commission: Crime Prevention Program: Earle Brown Days Committee: North Hennepin Area Chamber of Commerce: Metro Cities: League of Minnesota Cities: 01/09/12 Dan Ryan New Council Member Carol Kleven Kay Lasman New Council Member; Tim Willson — Alternate Carol Kleven Tim Willson; Dan Ryan — Alternate Dan Ryan; Tim Willson Alternate -7- DRAFT Councilmember Ryan moved and Councilmember Kleven seconded to ratify the Mayoral appointments. Motion passed unanimously. 10d. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 2801 66 AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 2801 66 Avenue North was inspected and 10 property code violations were cited and ultimately corrected. There have been zero validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six - month provisional rental license based on the number of property code violations found during the initial rental . license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Lasman seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 2801 66 Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10e. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 7143 FRANCE AVENUE NORTH Ms. Schleuning advised that 7143 France Avenue North was inspected and 19 property code violations were cited and ultimately corrected. There have been zero validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six - month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Ryan moved and Councilmember Kleven seconded to open the hearing. 01/09/12 -8- DRAFT • • • Motion passed unanimously. A friend of the property owner stated his observation is that the City's rental license process is too complicated. Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 7143 France Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10f. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 7137 GRIMES AVENUE NORTH Ms. Schleuning advised the owner of 7137 Grimes Avenue North received a Type IV Rental License on November 28, 2011, on condition of adherence to the Mitigation Plan and City Ordinances. However, the owner has failed to comply with the Mitigation Plan and applicable ordinances to complete Phase II of the Crime Free Housing Program and attendance at a minimum of 50 percent of Owner /Managers Association Meetings (ARM). In accordance with the City ordinances, if the requirements of the license category and Action Plan are not met, the license renewal category remains a Type IV. It was noted that the property was inspected and zero property code violations were cited. Staff recommends approval of a continued Type IV Rental License in lieu of denial, revocation, or suspension because the owner made improvements to the condition of the property. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Djuana Banks, 10021 Butternut Avenue N., Brooklyn Park, owner of 7137 Grimes Avenue N., explained the mitigation plan would have been completed if ARM was offered every month. She attended the November ARM meeting, but an ARM meeting was not scheduled in December so she plans to attend this Thursday. Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-13 Approving Type IV Rental License for 7137 Grimes Avenue North. 01/09/12 1. RESOLUTION NO. 2012 -13 APPROVING TYPE IV RENTAL LICENSE FOR 7137 GRIMES AVENUE NORTH -9- DRAFT Motion passed unanimously. 10g. MAYORAL REAPPOINTMENT OF COMMISSIONER TO SERVE ON SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayor's reappointment of Della Young as Commissioner to the Shingle Creek and West Mississippi Watershed Management Commissions with a term expiring January 31, 2015. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Lasman reported on her attendance at the following: • December 15, 2011, Sex Offender Notification meeting Councilmember Kleven reported on her attendance at the following: • December 15, 2011, Predatory Offender meeting • December 19, 2011, Northport School STEM activities December 15, 2011, Planning Commission meeting December 20, 2011, Housing Commission meeting Councilmember Kleven noted the City got off to a good start in 2012 with construction/redevelopment projects including: Northwest Family Services, Luther Honda and Toyota, WalMart, and the Evans Nordby Funeral Home. Councilmember Ryan urged all residents to vote at the Special Election on January 24, 2012, to fill the vacant council seat. Mayor Willson agreed that the City is off to a great start in 2012 but it has taken a lot of hard work by staff and the Council to get to this point. The City is now seeing the benefit of past City Council's decisions to purchase land for development. He hopes the City can accomplish additional development/redevelopment in other areas of the City. Mr. Boganey updated the Council that the subject of the predatory offender meeting was rearrested and is now in custody. 12. ADJOURNMENT Councilmember Kleven moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:51 p.m. Motion passed unanimously. 01/09/12 -10- DRAFT • The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:01 p.m. ROLL CALL Mayor /President Tim Willson and Councilmembers /Commissioners Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey and Carla Wirth, TimeSaver Off Site Secretarial, Inc. The City Council /EDA continued its discussion of the Random Acts of Kindness program. The City Council/EDA discussed whether to limit the number of nominations by a single nominator and consensus was reached to support a limit. Councilmember /Commissioner Kleven recommended a threshold of four nominations by one nominator. The consensus of the City Council/EDA was to limit the number of nominations to four by a single nominator. The City Council/EDA discussed whether to limit the number of certificates a single recipient can receive. Councilmember /Commissioner Lasman supported allowing multiple nominations but to limit the number of certificates to one that contains the list of nominations. In addition, not all of the stories would be read but a synopsis presented at the meeting. Councilmember /Commissioner Kleven suggested if more than one nomination is given, it be listed on the certificate. The consensus of the City Council/EDA was reached to limit the number of certificates that a single person can receive to one that would list multiple nominations, if appropriate. 01/09/12 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JANUARY 9, 2012 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER RANDOM ACTS OF KINDNESS -1- DRAFT The City Council/EDA discussed whether to limit repeat recognition for the same /similar act each year. Councilmember /Commissioner Lasman stated she does not support tracking random acts from year to year because it would be difficult and add more work for City staff. The consensus of the City Council/EDA was to not attempt to reduce redundancy for the same random act each year. The City Council /EDA discussed whether to establish a review /approval process and consensus was reached to not create such a process. Mr. Boganey indicated staff will draft the policy for consideration by the City Council /EDA Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 8:10 p.m. Motion passed unanimously. ADJOURNMENT 01/09/12 2 DRAFT • City Council Agenda Item No. 6b • DATE: January 17, 2012 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk COUNCIL ITEM MEMORANDUM SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its January 23, 2012. 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. FIREWORKS — PERMANENT Cub Foods 3245 County Road 10 GASOLINE SERVICE STATION Christy's Auto Service Two Rivers Investment, Inc. MECHANICAL A+ Mechanical Inc. Jay Hawk Mechanical Seasonal Heating & A/C 5300 Dupont Ave N 6840 Humboldt Ave N 2150 West Stark Road,.Cambridge 3307 North 2nd Street, Minneapolis 8565 80 Street N, Stillwater PUBLIC DANCE Brass Monkey, LLC 2590 Freeway Boulevard RENTAL See attached report. SIGN HANGER Lighttech, Inc. TOBACCO RELATED PRODUCT Brass Monkey, LLC Two Rivers Investment, Inc. 235 Charles Avenue, St. Paul 2590 Freeway Boulevard 6840 Humboldt Ave N Mission: Ensuring an attractive, clean, safe community that enhances the quality of and preserves the public trust Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 Budget Issues: License Category (Based on Property Code Only) Type I — 3 Year Type II — 2 Year Type III - 1 Year Type IV — 6 Months License Category Decrease 2 Categories There are no budget issues to consider. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe co Property Code and Nuisance Violations Criteria No Category 1-2 0-1 ,Impact F 5 or more units 0 -0.35 Number of Units Greater than 1 but not more than 4 gr eater, than 0 75 but not more than 1 Greater than 4 but not more than 8 heater all „ not more than ,3 5 or more units Number of Units Property Code Violations per Inspected Unit Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit /Year) Decrease 1 1 1 -2 Greater than 1 but not more than 3 Category 1 Greater 5 : but not pore than 1 5 or more units Greater than , 0.35 but not more than 0.50 1 -2 Greater than 3 tnity that enhances the quality of life and preserves the public trust l Rental Licenses for Council Approval on January 23 2012 Property Final Previous Dwelling Renewal Code License Police License License Property Address Type or Initial Owner Violations Type CFS * Type ** Type *** 2804 67th Ln N Single Family Initial Bryon Aitkens 1 II N/A II 5412 70th Cir Single Family Initial Yanhau Sun 4 II N/A II 5351 71st Cir N Single Family Initial Ghulam Pyarali 0 II N/A II 4917 Abbott Ave N Single Family Initial James Maciazke 2 II N/A II 6312 France Ave N Single Family Initial Joseph Noonan 0 II N/A II 3834 Oak Street Passed w/Weather Deferral Single Family Initial Man Lin 1 II N/A II 6737 Regent Ave N Single Family Initial Kim Vu-Tran 5 III N/A III 6307 Scott Ave N Passed w/Weather Deferral Single Family Initial Donovan Gilbert 3 II N/A II 6908 Unity Ave N Single Family Initial Xingfu Chen 0 II N/A II 7180 Unity Ave N Single Family Initial Yue Liu 3 II N/A II 5836 Xerxes Ave N Single Family Initial Paul Witte 1 II N/A II 3601 47th Ave N 1 Bldg 2 1 Ryan Creek Manor 11 Units Renewal Drew Kabanuk .18/Unit I .09/Unit I N/T 3613 47th Ave N Ryan Creek Manor 1 Bldg 4 4 Passed w/Weather Deferral 11 Units Renewal Drew Kabanuk .36/Unit I .36/Unit II N/T 3713 47th Ave N Ryan Creek Manor 1 Bldg 6 5 Passed w/Weather Deferral 11 Units Renewal Drew Kabanuk .55/Unit I .45/Unit II N/T 6101 Beard Ave N Beard Ave Apts 2 Bldgs 11 3 Passed w/Weather Deferral 24 Units Renewal Beard Avenue Apartmen .46/Unit I .13/Unit I N/T 6130 France Ave N 6 Bldgs 12 Ewing Square Family Hsing 23 Units Renewal Christopher Cooper .52/Unit 1 0 1 N/T 1 Bldg 1 4100 Lakebreeze Ave 14 Units I Renewal Bruce Waage 25/Unit 1 0 1312 72nd Ave N Isingle Family lRenewal Curtis Cady 6 111 0 111 N/T 6031 Colfax Ave N Isingle Family lRenewal J Thomas Equities LLC 0 1 0 1 111 Rental Licenses for Council Approval on January 23 2012 Property Final Previous Dwelling Renewal Code License Police License License Property Address Type or Initial Owner Violations Type CFS * Type ** Type *** 6012 York Ave N Korpo Ngaima Passed/Weather Deferral Single Family Renewal Presley Hanson 6 III 0 III 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 II = 2 year Type III = 1 year City Council Agenda Item No. 6c DATE: January 17, 2012 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning & Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development N." SUBJECT: Site Performance Guarantee Reduction Request GSA - MPOB Project (FBI Field Office Site —1501 Freeway Blvd.) • COUNCIL ITEM MEMORANDUM Recommendation: It is recommended that the City Council consider approving the reduction of the site performance guarantee being held by the city for completion of various site improvements associated with the construction of the new FBI field office buildings, located at 1501 Freeway Boulevard. Background: On August 24, 2009 the City Council approved a request from Barry Minneapolis, LLC (acting on behalf of the Government Services Administration) for, site and building plan application to construct a 145,317 sq. ft. office building, along with a 28,255 sq. ft. annex and 3 -story parking structure, to serve as the region's new FBI field office facilities. Approval of Planning Commission Application No. 2009 -004 included conditions, 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. Barry Minneapolis, LLC subsequently transferred their rights and interests in this development to PH Minneapolis, LLC. On September 15, 2010, an irrevocable letter of credit (No. NZS667326) in the amount of $330,776.00 was issued by Wells Fargo Bank, N.A., on behalf of PH Minneapolis, LLC to secure the following improvements: • Compliance with and completion of grading, drainage, erosion control and SWPPP; • Site clearance; • Landscaping and irrigation systems; • Construction/Connection of utilities to the municipal water and sanitary sewer systems; • Curb, gutter and driveways; • Compliance with Shingle Creek Watershed requirements; • Storm water drainage systems; and • Submission of an as -built survey of the site. !Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust On December 19, 2011, a letter was received in our office from. PH Minneapolis LLC indicting that all required site improvements have been completed, and requested the release of the financial guarantee issued under the original letter of credit. According to the City Engineer, all improvements (as noted herein) have been completed or verified acceptable. The developer /property owner has completed the above improvements and has recently submitted an as -built survey which has been accepted by the Public Works Department. Although interior work to the office and annex building continue and no official certificate of occupancy has been issued, city staff agreed that a partial reduction in this letter of credit was justified. In order to insure that all landscape meets a successful one -year growth cycle, and that all curb and gutter sections and sidewalks remain viable (i.e. no cracking, heaving, subsiding, or other), Staff recommends that up to $20,000 (approximately 6% of improvement value) be retained, pending one final landscape and hard - surface inspection, to be completed early next year. 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 COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe community that enhances the quality of and preserves the public trust PH MINNEAPOT.TS, LLC VIA ELECTRONIC MAIL to a eitel(.ci.brooklvn- center.mn.us Mr. Gary Eitel Director of Business and Development City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota, 55430 December 19, 2011 RE: GSA MPOB Project — Brooklyn Center, MN Subject: Performance Agreement dated August 18, 2010 between PH Minneapolis, LLC and City of Brooklyn Center Dear Mr. Eitel: On behalf of PH Minneapolis, LLC, The Molasky Group of Companies and the entire team, we are very proud and excited about the completion of the MPOB project and the government's successful occupancy in January 2012. Everyone on the entire project team appreciates all of the hard work, coordination, and enthusiasm the City put forth from the very onset, and we know this project may not have been possible without your commitment and dedication. Although our respective team's have been working closely towards completion, this letter is to formally notify the City of Brooklyn Center that the Work described in the Performance Agreement dated August 18, 2010 between PH Minneapolis, LLC and the City has been completed and final inspections have been performed by the City. Accordingly, PH Minneapolis, LLC respectfully requests that the Financial Guarantee in the amount of $330,776 be processed for release. May we assume that you will make arrangements for this approval to be on the next City Council meeting agenda? Meanwhile, please let us know if you have any questions or require additional information to facilitate this request. Sincerely, Matthew J. Connolly, PE, JLEED AP Vice President, Design and Development cc: Brad Sher, The Molasky Group of Companies Craig Etem, Esq. 100 C'nTE PARKWAY, SUITE 17001 LAS VEGAS, NV 89106 702.735.0155 0)1 702.732.0727 (F) BSP /PH Minn/Performance Agmt— Execution.081210.doc Performance Agreement City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 THE WORK COMPLETION DATE MAINTENANCE FILE NO. 2009-004 This Agreement is entered into by PH Minneapolis, LLC, a Nevada limited liability company, 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 Developer has received the approval of the City Council of the City (pursuant to City Ordinances), on August 24, 2009, of its development plans submitted to the City Council in connection with Planning Commission Application Nos. 2009 -004 and 2009 -005 (the "Development Plans "). Such approval of the City Council is subject, among other items, to Developer's submission of this Performance Agreement. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the Work (as hereinafter defined) as set forth in the Development Plans, in accordance with conditions of the aforesaid approval, and as hereinafter set forth, upon the real estate described as follows: Lot 1, Block 1, Richardson Park 3 Addition, Hennepin County, Minnesota. The Work will consist of the construction of the improvements listed on Attachment Two attached hereto and incorporated herein by reference (the "Work "). The Work will be in compliance with all applicable statutes, codes and ordinances of the City including, but not limited to, conditions of approval listed in the excerpt of City Council minutes of August 24, 2009, attached hereto as Attachment One, and requirements of the City Engineer, attached hereto as Attachment Three. The cost of the Work is estimated to be Three Hundred Thousand, Seven Hundred and Six Dollars ($300,706.00). The Developer agrees that the Work will be completed in its entirety and ready for inspection by the City on or before January 1, 2012 (the "Completion Date "), and no extension of time will be valid unless the same is 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 complete the Work, to notify the City of such completion and to call for final inspection by employees of the City on or before the Completion Date. This Performance Agreement, in its entirety, will remain in full force and effect for a period of one year after fmal inspection of the Work and approval thereof by the City (the "Maintenance Period "), solely for the purpose of determining that the Work and the useful life of all Work performed hereunder meets the prevailing standard for the particular industry, profession, or material used in the performance of the Work. During the Maintenance Period, any Work not meeting such standard will be deemed incomplete hereunder and shall be completed by Developer. Written notice of the date upon which the Work is approved by the City and upon which the Maintenance Period shall commence will be given to the Developer by the Director of Business and Development of the City. BSP/PH Minn/Performance Agmt — Execution.081210.doc FINANCIAL GUARANTEE 2 The Developer agrees to furnish the City with a financial guarantee (the "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 (the "Surety") and executed by the general contractor for the Work, or other Financial Guarantee as approved by the City Manager of the City, in the amount of Three Hundred and Thirty Thousand, Seven Hundred and Seventy -Six Dollars ($330,776). Such Financial Guarantee will continue in full force and effect until the City Council approves and accepts all of the Work, and releases the Surety and/or Developer from any further liability; provided however, that the City Council may 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 terms and conditions hereof. 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 or within 60 days prior to termination of the letter of credit. REMEDIES FOR BREACH At any time after the Completion Date and any extensions thereof, or during the Maintenance Period, if any of the Work is deemed incomplete ( "Incomplete Work "), the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in 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 City. If (i) the City has provided written notice and demand to complete to Developer in connection with the Incomplete Work, and (ii) Developer has failed to complete such Incomplete Work within fifteen (15) days of such notice and demand, or, if such Incomplete Work can not reasonably be completed within fifteen (15) days, has failed to commence the completion of such Incomplete Work within fifteen (15) days and thereafter diligently pursue such Incomplete Work to completion, the City may proceed to have the Incomplete Work, or any part thereof, clone either by contract, by day labor, or by regular City forces, and neither the Developer nor the Surety may question the manner of doing such Incomplete Work or the letting of any such contract for the doing of any such Incomplete Work. Upon completion of such Incomplete Work the party providing the Financial Guarantee will promptly pay the City the costs incurred by the City in connection therewith. 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. Specific Performance. The City may in writing direct the Surety or the Developer to cause the Incomplete Work to be undertaken and completed within a specified reasonable time. If the Surety and/or the Developer fails to cause the Incomplete Work to be done and completed in a manner and time acceptable to the City, the City may proceed with an action for specific performance to require such Incomplete Work to be undertaken. 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 Incomplete Work, plus the City's reasonable estimated overhead expenses, including any other reasonable costs and damages for which the Surety may be liable hereunder, but not exceeding the amount -set forth 011 the face of the performance bond, which money will be held by the City for the purpose of reimbursing the City for any costs reasonably incurred in completing the Incomplete Work as herein specified, and the balance will be returned to the Surety. This money will be deposited with the City within ten (10) days of demand, 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, if (i) the City has provided written notice and demand to complete to Developer in connection with the Incomplete Work, and (ii). Developer has failed to complete such Incomplete Work within fifteen (15) days of such notice and demand, or, if such Incomplete Work can not reasonably be completed within fifteen (15) days, has failed to commence the completion of such Incomplete Work within fifteen (15) days and thereafter diligently pursue such Incomplete Work to completion, the City may proceed to complete the Incomplete Work, reimburse itself for the costs reasonably incurred by the City in connection with such completion, and return the balance to the Developer following the expiration of the Maintenance Period. PROCEDURES A copy of this Performance Agreement will be attached to the any corporate surety bond provided as the Financial Guarantee hereunder, and reference to this Performance Agreement will be made in any such bond, but no Surety will assert as a defense to performance hereunder, any lack of reference in such bond to this Performance Agreement. BSP/PH Minn/Performance Agmt — Execution.081210.doc 3 The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee will be submitted to the City. Reference is hereby made to a certain mortgage loan in the maximum principal amount of $61,363,593.00 (the "Loan ") from Teachers Insurance and Annuity Association of America (together with its successors and assigns, "TIAA ") to Developer, which such Loan is secured by, among other things, a certain first priority Mortgage, Assignment of Leases and Rents, Security Instrument and Fixture Filing dated June 16, 2010 from Developer for the benefit of Wells Fargo Northwest, National Association, as collateral trustee for TIAA, which such Loan will be used to fund the completion of the Work. In consideration of TIAA's making of the Loan, the City hereby agrees that (a) it shall provide to TIAA duplicate copies of all notices to Developer delivered pursuant to this Performance Agreement simultaneously with the delivery of such notices to Developer, and (b) in the event that Developer shall fail to perform any obligation of the Developer hereunder (including, without limitation, the completion of the Work on or prior to Completion Date) or shall otherwise be in default of this Performance Agreement, TIAA shall have the right to cure any such failure or default within fifteen (15) days of TIAA's receipt of notice of such failure or default, or if such failure or default cannot be reasonably cured within such period, such longer period as may be reasonably necessary to cure such failure or default provided TIAA has commenced and diligently pursues the cure of such failure of default. TIAA shall be deemed to be an intended third -party beneficiary of this paragraph. All notices to be provided to TIAA pursuant to this paragraph should be sent to: Teachers Insurance and Annuity Association 730 Third Avenue New York, New York 10017 Attn: Director, Global Private Markets, Portfolio Management Authorization I.D. #AAA -6965 Investment I.D. 0006743 with a courtesy copy to: Teachers Insurance and Annuity Association 730 Third Avenue New York, New York 10017 Attn: Associate General Counsel and Director, Asset Management Law Authorization I.D. #AAA -6965 Investment I.D. 0006743 with a copy to: Dechert LLP 200 Clarendon Street BSP/PH Minn/Performance Agmt — ExecutiQn.081210.doc 4 114/firilfAeleoL, 441-C, Developer Boston, Massachusetts 02116 Attn: Matthew Clark Facsimile Number: (617)275 -8373 o - atata of N4vada ty County of Clark - MELANIE PIECHOWIAK My Appointment Expires : No: 98- 1464 -1 March 12, 2014 LPL Signature of Notary CHARLENE K. FI N BERG Notary Public- Minn esota My Commission Expires Jan 31, 2015 BSP /PH Minn.performence Agmt — Execution.081210.doc MISCELLANEOUS In the event of any conflict between this Performance Agreement, and that certain Development Agreement, dated October 16, 2009, by and between the Economic Development Authority of Brooklyn Center, `a public body corporate and politic organized and existing under the laws of the State of Minnesota, and Barry Minneapolis, LLC, as amended (the "Development Agreement"), the Development Agreement shall govern. IN WITNE WHEREOF, the Developer and the City have executed this Agreement this / of J fJ , 2C/42. ,c Signature (� City 'i N J q /�c��li•.�SS 4 o�-+ S, bscribed and sworn to before me this / day of G County 5 /h 1 r97r r-s' D k Print Name fore me this day of GP�'� /./.S7` , 20/ 0 Z—Z/Sefr■ _,A9ife,ttja eple9i Coun Print N Commission Expir 2010 Commission Expires ATTACHMENT ONE Conditions of Approval Excerpt from August 24. 2009 City Council Minutes 9a. PLANNING COMMISSION APPLICATION NO. 2009 -004 SUBMITTED BY JIM IRWIN ON BEHALF OF BARRY MINNEAPOLIS, LLC. REQUEST FOR SITE AND BUILDING. PLAN APPROVAL FOR A 145,317 SQUARE FOOT OFFICE BUILDING, A 28,255 SQUARE FOOT ANNEX BUILDING AND A THREE STORY COVERED PARKING FACILITY ON A 8.57 ACRE SITE AT THE SOUTHWEST QUADRANT OF FREEWAY BOULEVARD AND HUMBOLDT AVENUE NORTH Planning and Zoning Specialist Ron Warren provided an overview of Planning Commission Application Nos. 2009- 004 and 2009 -005 and advised the Planning Commission recommended approval of the applications at its August 13, 2009, meeting. Mr. Jim Irwin, Barry Real Estate Companies, addressed the City Council and stated he is available for questions. Mr. Irwin and Mr. Warren responded to questions of the City Council on the subject applications. Mr. Irwin indicated there is no intention to include a helipad on any of the buildings in the site. Mr. Warren advised that he has no reservations about recommending that these applications be approved. All of the typical requirements for review of a site have been submitted and comply with the City's standards. Mayor Willson thanked Mr. Irwin and his team for being part of the City's redevelopment. He thanked staff for their work in bringing this project forward. Councilmember Lasman moved and Councilmember Yelich seconded to approve Planning Commission Application No. 2009 -004 subject to the following conditions of the Planning Commission: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 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. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the city ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specification and Details. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The final plat comprehended under Planning Commission Application No. 2009 -001 shall be given final approval by the City Council and filed with Hennepin County prior to the issuance of building permits for this project. BSP/PH Minn/Performance Agmt — Execution.081210.doc A -1 13. Plan approval is contingent upon the granting of the variance from the green strip /parking setback requirements comprehended under Planning Commission Application No. 2009 -005. 14. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 15. Storm water drainage systems shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 16. The owner of the property shall enter a proof of parking agreement to provide up to 694 parking spaces on the site upon a determination by the City, to be constructed within one year following notification that such parking is needed. Motion carried unanimously. BSP/PH Minn/Performance Agmt — Execution.081210.doc A -2 • Improvement Compliance with and completion of Approved grading, drainage and Erosion control plan and SWPPP Site clearing Landscaping and irrigation in the Right of Way Curb, gutter and driveways in the Right of Way Construction of Sewer and Water Appurtenances Compliance with Shingle Creek Watershed Management Commission Requirement Storm water drainage systems BSP/PH Minn/Performance Agmt — Execution.081210.doc ATTACHMENT TWO List of Improvements and Estimated Cost B -1 Estimated Cost $10,000 $22,500 $28,500 $7,500 $232,206 Incl. in SWPPP above Incl. in sewer and water above fi WELLS FARGO City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Ladies and Gentlemen: IRREVOCABLE LETTER OF CREDIT WELLS FARGO BANK, N.A. U.S. TRADE SERVICES — STANDBY LETTERS OF CREDIT ONE FRONT STREET, 21 FLOOR SAN FRANCISCO, CALIFORNIA 94111 Contact Phone: 1(800) 798 -2815 Email: sftrade@wellsfarao.com Letter of Credit No.NZS667326 Date: September 15, 2010 At the request and for the account of PH Minneapolis, LLC, 100 N. City Parkway, Suite 1700, Las Vegas, NV 89106, we hereby establish our Irrevocable Letter of Credit in your favor in the amount of Three Hundred Thirty Thousand Seven Hundred Seventy Six United States Dollars (US$330,776.00) available with us at our above office by payment of your draft(s) drawn on us at sight accompanied by your signed and dated statement worded as follows: The undersigned, an authorized representative of the City of Brooklyn Center (the "City ") hereby certifies that the amount drawn under Wells Fargo Bank, N.A. Letter of Credit No. NZS667326 is due to the City in connection with and p.ursuant to the obligations of PH Minneapolis, LLC to the City under the Performance Agreement between PH Minneapolis, LLC and the City." This Letter of Credit expires at our above office on September 15, 2011, but shall be automatically extended, without written amendment, to September 15 in each succeeding calendar year unless we have sent written notice to you at your address above by registered mail or express courier that we elect not to extend the expiration date of this Letter of Credit beyond the date specified in such notice, which date will be September _, 2011 or any subsequent September 15 and be at least thirty (30) calendar days after the date we send you such notice. Upon our sending you such notice of the non - extension of the expiration date of this Letter of Credit, you may also draw under this Letter of Credit by presentation to us at our above address, on or before the expiration date specified in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as above. Partial and multiple drawings are permitted under this Letter of Credit. Each draft must be marked "Drawn under Wells Fargo Bank, N.A. Letter of Credit No. NZS667326." Each draft must also be accompanied by the original of this Letter of Credit for our endorsement on this Letter of Credit of our payment of such draft. CANCELLATION PRIOR TO EXPIRATION: you may return this Letter of Credit to us for cancellation prior to its expiration provided that this Letter of Credit is accompanied by your written agreement to its cancellation. Such written agreement to cancellation should specifically reference this Letter of Credit by number, clearly indicate that it is being returned for cancellation and be signed by a person identifying themselves as authorized to sign for you. This Letter of Credit is subject to the International Standby Practices 1998 (ISP98), International Chamb er of Commerce Publication No. 590, and engages us in accordance therewith. Together we'll go far • • • 2 Very truly yours WEL ` F ' ' • BANK, N.A: By: Name: Title: EIS, p� CH AU A *RESIDENT �/ SS; 6 ! i +" PTh SIDEN The original of this document contains the seal of Wells Fargo Bank, National Association City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM • DATE: January 23, 2012 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards • SUBJECT: Resolution Calling for a Public Hearing on Proposed Use of 2012 Urban Hennepin County Community Development Block Grant Funds Recommendation: It is recommended that the City Council consider approval /adoption the Resolution Calling for a Public Hearing on Proposed Use of 2012 Urban Hennepin County Community Development Block Grant Funds. Background: This agenda item provides for a public hearing for the City's annual Community Development Block Grant (CDBG) program, which is required for participation in the CDBG program. Hennepin County has notified the City of Brooklyn Center that the City should use $211,641 as its estimate for its 2012 CDBG allocation. This is the amount allocated to the City in 2012.. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. The federal authorizing statute for the CDBG program requires that each funded CBDG activity meet one of the three national objectives: benefiting low income persons, preventing or eliminating slums and/or blight and meeting urgent community needs. The federal statute stipulates that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year must be used for activities benefiting low and/or very low income persons. Each city must meet this requirement at the local level. Administrative Rea_ uirements • Pursuant to program requirements, each city receiving a CDBG allocation is limited to a 15 percent cap on public service projects. • The CEAP, H.O.M.E. and HOME Line programs are categorized as public service projects. Based on the allocation for 2012, this would set the maximum dollar amount allocated to public service activities could not exceed $31,746.15. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Public Hearing A resolution calling for a public hearing for the 2012 CDBG program is included with this memorandum. The required public hearing notice has been prepared and includes the following allocation: • Continued funding of neighborhood service projects at the 15% cap. • Funding for the code enforcement initiative at $150,000. • The remainder of funding for the City's Housing Rehabilitation program. The resolution prepared for City Council consideration and included with this memorandum, establishes the date of February 13, 2012 as the public hearing date for the City's 2012 CDBG program. Hennepin County requires that specific dollar amounts be specified in the hearing notice and that the City's 2012 CDBG program must be submitted to Hennepin County by February 24, 2012. The public hearing notice does not commit the City to funding any specific CDBG activity at this time and the CDBG activities and dollar amounts allocated to them, can be revised at the public hearing on February 13, 2012, or at any time within the 2012 CDBG program year upon conducting a public hearing to amend the City's CDBG program. Additional background information on 2012 CDBG requests for funding, along with staff recommendations, will be submitted with Council packets for the February 13 public hearing. 2011 CDBG Program Funding Summary The City's 2011 CDBG program funded the following five projects, that all met the requirement for benefiting low and/or very low income persons and public services to assist seniors: 1. Rehabilitation of Private Property. This activity provides for rehabilitation and repair of single family homes of low and moderate income households. This activity has been part of the City's CDBG program since inception in the 1970's. The 2011 allocation was $19,394. 2. Household Outside Maintenance for the Elderly (H.O.M.E.I program. This activity has been part of the CDBG program for 17 years. The H.O.M.E. program's focus is minor home maintenance and repair, including exterior and interior painting and some household chore services, for persons 60 years of age and older. This program has also assisted with clean-up of garbage houses in the City. The 2011 allocation was $11,760. 3. Community Emergency Assistance Program. Inc. (CEAPI Senior Services Program. The Senior Services Program provides chore services to seniors and disabled persons at little or no cost and includes services such as lawn mowing, snow shoveling, housekeeping and some interior and exterior maintenance. The Senior Services Program also includes Meals on Wheels. This program has been funded by the City for eleven years. The 2011 allocation was $8,400. 4. Neighborhood Revitalization Code Enforcement Activity Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust ARM Council Goals: COUNCIL ITEM MEMORANDUM This item is for code enforcement activities supporting the goal of arresting the physical decline of certain income qualified areas of the city and focusing on vacant, foreclosed and deteriorated properties. The 2011 allocation was $126,000. 5. HOME Line Tenant Advocacy Services This activity focuses on three programs: a tenant hotline that provides free legal advice to tenants about landlord/tenant laws, a high school educational program, and an immigrant outreach program that provides services to new immigrants. The 2011 allocation was $5,460. Budget Issues: Since the Federal fiscal year for CDBG runs from July 2012 to June 2013, the 2012 CDBG program will be reflected in the 2013 Annual City Budget. The programming of the 2012 CDBG funds for code enforcement is consistent with the City's 2012 approved budget. Strategic: 3. We will stabilize and improve residential neighborhoods Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe cornmunity that enhances the quality of life and preserves the public trust NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on February 13, 2012, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs and the City's proposed use of the estimated 2012 Urban Hennepin County Community Development Block Grant Program planning allocation of $211,641. In addition, between July 1, 2012 to June 30, 2013, it is estimated that no additional program income from previously funded CDBG activities will be available to the City. The City of Brooklyn Center is proposing to undertake the following activities with 2012 Urban Hennepin County CDBG funds starting on or about July 1, 2012. Activity Budget Neighborhood Public Service Projects $31,745 Neighborhood Revitalization Code $150,000 Enforcement Activity Rehabilitation of Private Property $29,896 For additional information on the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763 -569 -3300 or the Hennepin County Housing Department at 612 - 348 -9260. The public hearing is being held pursuant to MS 471.59. 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. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 40 Hennepin County communities which are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its preliminary estimated allocation for the 2012 Urban Hennepin County CDBG Program is $211,641; and WHEREAS, a public hearing regarding the proposed use of 2012 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: Date Mayor 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. ATTEST: 1. A public hearing on the proposed use of 2012 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 13, 2012, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2. Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2012 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 13, 2011. City Council Agenda Item No. l0a • DATE: January 18, 2012 TO: City Council FROM: Curt Boganey, City Manage:� SUBJECT: Granite Peaks Licensing Resolution Recommendation: It is recommended that the City Council consider approval /adoption of the resolution receiving a report and outlining a partial rental license review process for Granite Peaks Apartments (Brookhaven) located at 3907, 3909 and 3911 65 Avenue North. Background: COUNCIL ITEM MEMORANDUM The rental license for the subject property formerly known as Brookhaven Apartments is revoked for one year ending February 13, 2012. According to Mr. Soderberg, Soderberg Investments purchased the property on December 23, 2011. Mr. Soderberg is aware that no new license application for the property may be submitted or considered prior to end of the revocation period. It an attempt to streamline the application and in consideration that Soderberg Investments plans to make substantial improvements to the property, Mr. Soderberg has made a request for a partial rental review process. This request is very similar to the request made and approved for Gateway Commons Apartments. Mr. Soderberg has agreed to make certain substantial improvements to 100% of the apartment units. To facilitate this investment, he is requesting a building -by- building license approval process. If this resolution is approved, each building will come before the City Council for license approval after the required work has been completed all other licensing provisions have been met. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust adoption: WHEREAS, the rental license for the apartments at 3907, 3909, and 3911 known as Granite Peaks (formerly Brookhaven) is revoked until February 13, 2012; and WHEREAS, the new owner Mr. James Soderberg has requested that the City Council allow for a partial occupancy license; and WHEREAS, City Staff have met with the owner to develop a schedule that would allow for a phased license rental process that would meet the objectives of the City as outlined in Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council will review and consider the issuance of a license for partial occupancy of the property at 3907, 3909, and 3911 65th AvenueNorth known as Granite Peaks in accordance with the conditions outlined in Exhibit A. ATTEST: Member introduced the following resolution and m oved its RESOLUTION RECEIVING A REPORT FROM THE CITY MANAGER OUTLINING A PARTIAL RENTAL LICENSE REVIEW PROCESS FOR GRANITE PEAKS LOCATED AT 3907, 3909, AND 3911 65TH AVENUE NORTH January 23, 2012 Date RESOLUTION NO. Mayor 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. • • RESOLUTION NO. EXHIBIT A Granite Peaks Partial Rental Property License The City Council will consider issuing a rental license for partial occupancy subject to all of the following conditions being met. The first approval (building 3907) requires the following: • 100% of all vacant units must be completely renovated to approved standards • All interior common areas must meet approved renovation standards • All occupied units must meet housing code standards • All previously approved occupied units that become vacant must be renovated before a new building is approved Subsequent, approvals require the following: • All previously approved occupied units that become vacant must be renovated before a new building is approved • Same improvement standards as above required Request for Individual Building Rental License Approval By Soderberg Apartment Specialists and Skyline Real Estate Services For Brookhaven Apartments Dear City of Brooklyn Center, Soderberg Investments, LLC, an affiliate of Soderberg Apartment Specialists, request approval for building by building licensing for multi- family leasing permits. Soderberg Investments purchased Brookhaven Apartments from Bank Mutual on 12/23/2011. The property had been severely neglected and subsequently had its rental license revoked for a period of one year. Soderberg Investments plans on a substantial renovation of the three buildings now named Granite Peaks. Our plan is to renovate buildings individually starting with the 3907 building to be followed by the 3911 building and completing the renovation with the 3909 building. Attached is a scope of work construction budget that outlines our capital allocations by category. We plan on repositioning the property by performing in -unit improvements and select improvements to the structures including new roofs on the 3909 and 3911 buildings. Many windows will be replaced; new signage and awnings will be installed in addition to landscaping and parking lot improvements. Our in -unit renovations will consist of new kitchen cabinets, granite countertops, American cherry flooring and carpet in units, new paint, and general repairs to address deferred maintenance, security, and code compliance issues. We anticipate that the majority of the renovation will be completed on building 3907 by January 17 January 31 on building 3911, and February 13 on building 3909. Prior to our ownership of what is now Granite Peaks, and as a condition to our purchase, Bank Mutual contracted with Jayhawk Mechanical to address and repair the heating and boiler system. Soderberg Apartment Specialists has been involved in major apartment renovations throughout the Minneapolis area for almost 25 years, and continues to own and manage apartment communities in Brooklyn Center. We are excited about continuing our commitment in Brooklyn Center, the improvements to Brookhaven, and are looking forward to the grand re- opening of what we now call Granite Peaks. City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM 0 DATE: January 23, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk %)1 SUBJECT: Type IV 6 -Month Provisional Rental License for 6234 Brooklyn Boulevard • Recommendation: It is recommended that the City Council consider approval of a resolution and the issuance of a Type IV 6 -Month Provisional Rental License and Mitigation Plan for 6234 Brooklyn Boulevard. 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: The property would qualify for a Type I Rental License based on property code violations and validated police nuisance incidents. However, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically attending the required number of Owners/Managers Association Meetings. The property owner received a Type IV Rental License on 09-12-11 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12 -901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12- 914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. The inspection of the property revealed zero code violations. However, since the Type IV Rental License condition has not been met, according to City ordinances the license should be renewed as a Type IV Rental License. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner made improvements to the condition of the property. The following is a brief history of the license process actions. Current rental license approval activities: 11 -14 -11 Thomas Johnson applied for renewal of the rental dwelling license for 6234 Brooklyn Boulevard, a single family residential property. 11 -29 -11 An initial rental inspection was conducted and passed. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 01 -06 -12 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. Prior Type TV Rental License approval activities: 02 -10 -11 Thomas Johnson applied for a renewal of the rental dwelling license for 6234 Brooklyn Boulevard, a single - family residential property. 03 -03 -11 An initial rental inspection was conducted. (Twelve violations cited, see attached rental criteria) 04 -07 -11 A second rental inspection was scheduled. The owner or representative did not appear and items were not corrected. 05 -13 -11 A reinspection was conducted and passed. 05 -13 -11 One validated police incident/nuisance was reported for loud party on 10/9/10. 06 -07 -11 A letter was sent to the owner notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 07 -20 -11 . A reminder letter was sent to the owner regarding Type IV license requirements. 08 -22 -11 The Mitigation Plan was received. 08 -27 -11 The Mitigation Plan was approved by staff. 10 -31.11 The rental license expired. 11 -04 -11 An administrative citation was issued for failure to meet Mitigation Plan requirements, specifically failure to submit CFHP Certificate, failure to schedule follow up CPTED with police department, and failure to attend a minimum of two ARM meetings. 12 -14 -11 An administrative citation was issued for operating a rental property without a valid rental license. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust • • COUNCIL ITEM MEMORANDUM Excerpt from Chanter 12 of City Code of Ordinances: Section 12 -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. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe comnuinity that enhances the quality of life and preserves the public trust 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 Impact Decrease 1 Category Decrease 2 Categories COUNCIL ITEM MEMORANDUM License Category (Based on Property Code Only) Type I — 3 Year Type II — 2 Year Type III —1 Year Type IV — 6 Months No Category 1 -2 Property Code and Nuisance Violations Criteria Number of Units Property Code Violations per Inspected Unit Cr t Greater than 8 eafer` ar i3 1 - 2 units unit 1 - 2 units 3 +units'. 1 - 2 units 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) 0 -1 ur 5 or more units 0 -0.35 5 or more units 0 -1 Greater than 0.50 but not more than 4 reater than 0 75but no(xnore: Greater than 4 but not more than 8 1 -2 Greater than 1 but not more than 3 eaterthan 0! 25 s but n °more 5 or more units Greater than 0.35 but not more than 0.50 1 -2 Greater than 3 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and 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 6234 Brooklyn Boulevard Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust • City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Phone: 763-569 -330a TTY/Voice 711 Fax: 763-569-3494 wwwv cityofbrooklyncenterorg Rental License Mitigation Plan (Type IV License) Handwritten plans will not be accepted. Please type or use finable form on City website. roperty ddresS The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be completed and reviewed by City staff before the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identi . s asible solutions to improve the overall conditions of the Submit the following documents with the Mitigation Plan for approval: I -1 1 I. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section B. 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by I e of each month (after license approval). Phase I I . 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: Page 1 Oct 20th. Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. 8 -4 -11 9 - - 11 Date Scheduled: Improvements to be completed by Type IV Mitigation Plan 4 -11 Phase Ili I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for 7 - 21 & 9 I will have no repeat code violations previously documented within the past year. For with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Furnace /AC Water Heater Kitchen Appliances Laundry Appliances Exterior -Paint/Siding - Windows -Roof -Fence -Shed - Garage - Driveway - Sidewalks Smoke Alarms & Carbon Monoxide Alarms Other: Date Last Replaced 2001 Future Replacement Date 2_ 2o 7 + 5 -1 -1 2006 2001 sec: r te Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: Check in with tenants every 30 days. Drive by property to check for violations twice a month. Evictte ts'in violation of the lease and all addendum. _ Provide a snow service. Provide gar age 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 her financial claims due to the City. Other: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10` of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if 1 do comply Page 2 Type 1V Mitigation Plan 4 -11 • with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. Thomas M Johnson Owner Owner or Agent Name and Title (Please Print) Owner or Agent Signature Date Additional Owner or Agent Name and Title (Please Print) f applicable) Additional Owner or Agent Signature (tf applicable) Pj Po ice Department / Title Building & G'onumunity Standards Department / Title Date ' Date 0,9 7 Page 3 Type IV Mitigation Plan 4 -11 Member introduced the following resolution and moved its adoption: WHEREAS, City Ordinance Sections 12 -900 to 12 -916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6234 Brooklyn Boulevard, was issued a Type IV Rental License on September 12, 2011; 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 6234 Brooklyn Boulevard, Brooklyn Center failed to attend the required 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 6234 Brooklyn Boulevard, Brooklyn Center, MN. ATTEST: RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6234 BROOKLYN BOULEVARD January 21 2012 Date RESOLUTION NO. Mayor 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. 10c • DATE: January 23, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cler SUBJECT: Type IV 6 -Month Provisional Rental License for 6207 Colfax Ave N Recommendation: It is recommended that the City Council consider approval of a resolution and the issuance of a Type IV 6 -Month Provisional Rental License and Mitigation Plan for 6207 Colfax Ave 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: COUNCIL ITEM MEMORANDUM The property would qualify for a Type I Rental License based onproperty code violations and validated police nuisance incidents. However, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically attending the required Owners/Managers Association Meetings, submitting Crime Free Multi Housing Certificate following completion of the class and completing security improvements. The property owner received a Type IV Rental License on 10 -10 -11 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12- 901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12- 914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. The inspection of the property revealed one code violation, with a weather deferral for exterior painting. However, since the Type IV Rental License condition has not been met, according to City ordinances the license should be renewed as a Type IV Rental License. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner made improvements to the condition of the property. The following is a brief history of the license process actions. Current rental license approval activities: 10 -21 -11 Long Vang applied for renewal of the rental dwelling license for 6207 Colfax Ave N, a single family residential property. • 10- 3 -11 The rental license expired. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 11 -21 -11 An initial rental inspection was conducted and passed with a weather deferral item for exterior painting. 12 -02 -11 The City Clerk was informed that the property was delinquent with their utility bill. 01 -05 -12 The owner paid all outstanding delinquent utilities. 01 -06 -12 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. Prior Tvne IV Rental License approval activities: 05 -17 -11 Long Yang applied for a renewal of the rental dwelling license for 6207 Colfax Avenue N, a single - family residential property. 06 -03 -11 An initial rental inspection was conducted. The owner was not on site and the inspector was unable to gain access. 06 -30 -11 A second rental inspection was scheduled. (Nine violations cited, see attached rental criteria.) 08 -01 -11 A reinspection was conducted and the inspection passed. 08 -01 -11 Zero validated police incident/nuisance calls occurred in the past 12 months. 08 -22 -11 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 09 -07 -11 A citation was issued for failing to submit a mitigation plan. 09 -15 -11 A Mitigation Plan was submitted. 09 -23 -11 The Mitigation Plan was finalized and approved. 10 -31 -11 The rental license expired. 12 -21 -11 A citation was issued for failing to meet the mitigation plan requirements. 12 -21 -11 A citation was issued for operating a rental property without a valid license. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust • COUNCIL ITEM MEMORANDUM Excerpt from Chanter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust b. Police Service Calls. COUNCIL ITEM MEMORANDUM License Category (Based on Property Code Only) Type I = 3 Year Type II -2 Year Type III -1 Year Type IV — 6 Months Decrease 1 Category Decrease 2 Categories Property Code and Nuisance Violations Criteria 1 - 2 units 3± units 1 - 2 units - 3± units, 1 - 2 units s 1 -2 units Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact 5 or more units 1 -2 5 or more units 1 -2 Number of Units 0 -1 0 -0.35 Greater than 1 Property Code Violations per Inspected Unit Greater than 1 but not more than 4 eater tha 0 but n "ot nore than l Greater than 4 but not more than 8 seater, th 1 . x b n ot m ore Greater than 8 r`eater but not more than not more t Greater than 0.35 but not more than 0.50 Greater than 3 ea er 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 10 -21 -11 Type IV Rental License Approval - Resolution Approving a Type TV Rental License for 6207 Colfax Ave N Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Phone: 763 - 569 -3300 TTY/Voice 711 Fax: 763 -569 -3494 w w w. c i tyo l b r o o kl yn c e n t e r. o rg City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Rental License Mitigation Plan (Type IV License) Handwritten • Ions will not be acc ted. Please 1 a or use dlabte orm on Ci website. The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be completed and reviewed by City staff before the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify . ossible solutions to im •rove the overall conditions of the ro pe . Submit the following documents with the Mitigation Plan for approval: 1 . Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section B. ©�2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum Submit written report by 10 of each month (after license approval). Phase I 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: Page 1 Date Course Scheduled: Pha II V I Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: O V -'- 1 Improvements to be completed by: 5/25J) 1 ype IV Mitigation Plan 4 -11 Phase I will attend a minimum of 50% of the ARM meetin ( o). I will attend the ARM meetings scheduled for: 0 // & 1 Z' 20/ Z I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Furnace /AC Water Heater Kitchen Appliances Laundry Appliances Exterior -Paint/Siding - Windows -Roof -Fence -Shed - Garage - Driveway - Sidewalks Smoke Alarms & Carbon Monoxide Alarms Other: Date Last Replaced Future Replacement Date LO L '2Ct7J5� SO �a11 4..0 (?i 27)2 -7 nib 2?'ZQ z /7 Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: Check in with tenants every 30 days. Drive by property to check for violations twice a month. Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. Install security system 'Provide maintenance service plan for appliances. Name of service company: I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other 3 financial claims due to the City. I Other: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the le of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply Page 2 Type IV Mitigation Plan 4 -11 with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. olice Department / Title Iti V. er or Agent N e an itle (Please Print) tr'A V. .kkiii, Own or Agent Signature / Loch �t,s Additional Ownerior Ag t Na Nary6 and Title (Please Print) (tf applicable) Lrl>lui L/wwc_i Additional Ownertor Agint Signature (f applicable) t Date Building & Community Standards Department / Title Page 3 Type IV Mitigation Plan 4 -11 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6207 COLFAX AVENUE N WHEREAS, City Ordinance Sections 12 -900 to 12 -916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6207 Colfax Avenue N, was issued a Type IV Rental License on October 10, 2011; 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 6207 Colfax Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings, submit Crime Free Multi Housing Certificate following completion of the class and complete security improvements. 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 6207 Colfax Avenue N, Brooklyn Center, MN. ATTEST: January 23. 2012 Date RESOLUTION NO. Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Work Session Agenda AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 23, 2012 Immediately Following Regular City Council and EDA Meetings Which,Start at 7:00 P.M. ACTIVE DISCUSSION ITEMS 1. Random Acts of Kindness 2. Dispatch Funding Later /Ongoing 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. PENDING LIST FOR FUTURE WORK SESSIONS 1. Progress Reports on Achievement of Strategic Goals — February 2012 2. Annual Department Year End Reports — February 2012 3. Property Maintenance — Including Snow Removal — February 2012 4. National League of Cities Service Line Program February 2012 5. Sister City Update — March 2012 6. Active Living Program March 2012 7. Highway 252 Update — April 2012 Work Session Agenda Item No. 1 COUNCIL ITEM MEMORANDUM • DATE: January 18, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 40AM°14AsiktetK SUBJECT:. Random Acts of Kindness Recommendation: It is recommended that the City Council consider providing direction to staff regarding any changes, if any, to the Random Acts of Kindness Program. Background: At its January 9, 2012, Study/Work Session, the City Council discussed and came to consensus on modifications to the Random Acts of Kindness Program. Attached you will find a revised letter to community members and nomination form to incorporate the changes recommended by the City Council. The consensus of the Council was to limit the number of certificates to one when an individual is nominated for more than one Random Act of Kindness. This is consistent with the current practice. An individual who is nominated several times receives only one certificate, although he /she receives the recognition by the Mayor each time the nomination is read by a Council Member. The consensus of the Council was to limit the number of nominations to four by a nominator. Two changes were made to address this modification: 1. Adding a sentence to the letter to community members, "You may submit up to four nominations." 2. Adding the following to the title on the nomination form, "A Nominator may nominate up to four (4) Nominees." The consensus of the Council was to reduce the list of examples of Random Acts of Kindness and each Council Member submitted a list of suggested examples. The following changes were made to address this modification: 1. The list labeled "Ideas for Random Acts of Kindness" was changed to be labeled "Examples of Random Acts of Kindness." 2. The list has been modified/reduced to identify the compilation of the examples of Random Acts of Kindness submitted by the Council Members. Budget Issues: There are no budget issues to consider. Council Goals: We will improve the image of the City with citizens and those outside of the City's borders Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust August 31, 2012 Dear Community Member: Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In October the Brooklyn Center City Council would like to recognize all Brooklyn Center residents and groups who have performed Random Acts of that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. We hope that you will join us in making this a significant celebration for our community. We are asking that you or someone you know send us a card or letter, or use the enclosed nomination form, nominating someone who has performed a random act of kindness in the past year. You may also send us drawings or photographs of people performing kind acts. You may submit up to four nominations. Nomination forms are available to download or submit online on the City's website at www.citvofbrooklvncenter.ora /rak. The deadline to accept nominations for 2012 is 4:30 p.m. on September 28, 2012. Random Acts of Kindness nominees will be formally recognized by the City Council during its October 22, 2012, meeting. All nominees will receive recognition by the City Council in the form of a commendation. You and your nominee are invited to attend the City Council recognition on Monday, October 22nd at 7 p.m. at City Hall. A letter will be mailed to you and your nominee prior to the meeting to confirm the date and time of the recognition. We look forward to hearing from you. Join us in celebrating kindness in our community! Sincerely, Tim Willson, Mayor Carol Kleven, Council Member Kay Lasman, Council Member Dan Ryan, Council Member New Council Member Enclosure • Name: Street Address: City, State, Zip Code: Email: Telephone: Individual Individual's Name: City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominator Nominee OR Organization or Group Name of Organization or Group: Street Address: Street Address: City, State, Zip Code: City, State, Zip Code: Email: Email: Telephone: Telephone: Brief summary of kind act — a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) Return Nomination Form BY SEPTEMBER 28, 2012, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Random Acts o Kindness \ k .f * YY Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone can nominate someone who has performed a random act of kindness over the past year. You may send a card or letter, or drawings or photographs of people performing kind acts, or use the City's nomination form on the reverse side of this page. All Random Acts of Kindness nominees are recognized by the City Council during an October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted" - Aesop What is a Random Act of Kindness? Most people try to fulfill obligations in life like doing their fair share of chores and supporting and comforting their families and friends - but these deeds are expected of us. When we make the extra effort of being kind when we aren't expected or required to and surprise someone, including ourselves - this is a. Random Act of Kindness, a good deed that is truly the embodiment of compassion and caring. Examples of Random Acts of Kindness • Walk a neighbor's dog • Donate your time to perform lawn services for the elderly or disabled • Collect soda can tabs for recycling and give the proceeds to the Ronald McDonald house • Feed a stranger's expired parking meter • Donate to a food shelf or clothing shelter • Photograph someone being kind to another • Read to a child • Donate books to a daycare or school • Tutor a student • Be a Safety Patrol and help kids get to and from school safely • Pick up litter (Adopt -A- Street or Park) • Collect mittens or socks and give to those in need • Care for the sick • Volunteer in the community (schools, hospitals, churches, etc.) • Plant a tree • Call a lonely person • Visit someone in the hospital • Open a door • Bake a hot dish for someone who just returned from the hospital • Pick up the mail for a senior citizen on your block each day • Give blood • Adopt a homeless pet at the Animal Humane Society • Donate time at a senior center • Pat someone on the back • Clean graffiti from neighborhood walls and buildings • Transport someone who can't drive °Iittipr Work Session Agenda Item No. 2 • DATE: January 18, 2012 TO: City Council FROM: Councilmember Lasman Through Curt Boganey, City Manag. SUBJECT: Dispatch Letter from Chief Stanek Recommendation: Council member Lasman has made request to have the letter from Sherriff Stanek discussed. Background: • MEMORANDUM - COUNCIL WORK SESSION I have enclosed a copy of the letter included with your weekly update that was sent by Sheriff' Stanek to Mayor Willson. The letter makes reference to discussions involving the independent PSAPs (public safety answering points) in the County. He states that "The next step in the study is to undergo a financial analysis including a review of the current policy of not charging cities for dispatch service provided by the Sheriff's Office." Staff will be gathering additional information regarding this matter in advance of the meeting on Monday. We can share what we have been able to discover at that time. Policy Issues: Council Goals: Strategic: 1. We will ensure a safe and secure community Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust January 5, 2012 RICHARD W. STANEK. HENNEPIN COUNTY SHERIFF Mayor Tim Willson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor Willson, As one of thirty -five Hennepin County cities that receive dispatch service from the Sheriffs Office, I wanted you to be aware of discussions that have been occurring over the past few months. On Monday, December 12, Hennepin County administrator Richard Johnson convened a meeting of the independent PSAPs (public safety answering points) in our county for purposes of reviewing a consultant study on consolidation and /or integration in the future. The next step in the study is to undergo a financial analysis including a review of the current policy of not charging cities for dispatch service provided by the Sheriffs Office. As you may know, the decision whether or not to charge a fee to cities for dispatch service is a policy decision to be made by the county board, with advice from the Sheriff, as outlined in MN Statute 383B.255 which I have included for your reference below. MN Statute 383B.255 Subd. 2. Policy and operations. The public safety communications system shall be under the direction of the sheriff. Public safety communications policies may be established by the board of county commissioners. Subd. 3. Extension of services; charges. Public safety communications services may be extended to any statutory or home rule charter city within the county, and to any adjoining county or statutory or home rule charter city in an adjoining county, upon the written request of its governing body to the Hennepin County board. All the communications equipment used in connection with the extended service shall, unless otherwise provided by the Hennepin County board, be owned, maintained, and serviced by Hennepin County. The board with the advice of the sheriff may establish a charge for extended public safety communications services pursuant to section 383B.118. In discussions with the county board, 1 have made it clear that I do not support a fee for dispatch service; however, the decision on whether to charge cities for dispatch service moving forward will be made by the county board. I am bringing DEDICATED TO PUBLIC SAFETY RooM 6, COURTHOUSE 350 SOUTH 5T11 STREET MINNEAPOLIS, MN 55415 WWW.HENNEPINSHERIEF.ORG 612 - 348 -3740 • this issue to your attention as I believe the next 12 months will be a critical time for cities to weigh in with your respective county commissioner to express your thoughts about a potential change in policy. If you have any questions about the above information, please feel free to contact Sandra Westerman on my staff, Director of Intergovernmental Relations, at 612.543.0694 or call me directly anytime. Sincerely, Richard W. Stanek Hennepin County Sheriff CC: Curt Boganey, Police Chief Kevin Benner, Fire Chief Lee Gatlin