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HomeMy WebLinkAbout2012 02-13 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION February 13, 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 i i AGENDA CITY COUNCIL STUDY SESSION February 13, 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 i CITY COUNCIL MEETING City of Brooklyn Center February 13, 2012 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. — provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. — Teresa Rousseau, St. Alphonsus Parish Administer Ceremonial Oath of Office 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 23, 2012 — Study /Work Session 2. January 23, 2012 — Regular Session 3. January 30, 2012 — Special Session b. Licenses C. 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 March 17, 2012 d. Resolution Opting Not to Waive Limited Tort Liability for 2012 e. Resolution Authorizing Execution of a Letter of Engagement for Professional Services for Audit of the 2011 Fiscal Year i i i CITY COUNCIL AGENDA -2- February 13, 2012 f. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2011 -05 and 06, Contract 2011 -B, Unity Avenue and Shingle Creek Parkway Street Improvements g. Resolution Authorizing Transfer of Unused Fund Balance h. Resolution Approving the Memorandum of Understanding for Law Enforcement Labor Services (LELS) Local 86 (Police Commanders /Sergeants) and the City of Brooklyn Center for 2012 Insurance Contribution i. Resolution Approving the Memorandum of Understanding for International Union of Operating Engineers (IUOE) Local 49 Public Works Maintenance and the City of Brooklyn Center for 2012 Insurance Contribution j. Resolution Calling for a Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs and Delinquent Weed Removal Costs 7. Presentations / Proclamations /Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Abiy Assefa for His Dedicated Public Service on the Shingle Creek and West Mississippi Watershed Management Commissions Requested Council Action: — Motion to adopt resolution. b. Resolution Expressing Recognition and Appreciation of Kathy Flesher for Over 42 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: — Motion to adopt resolution. C. Resolution Expressing Recognition and Appreciation of George Jennrich for Over 17 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: — Motion to adopt resolution. d. Resolution Expressing Appreciation for the Donation from David Grass in Support of the Cities Health Insurance Program Requested Council Action: — Motion to adopt resolution. e. Report from Centennial Memorial Amphitheater Fundraising Committee Requested Council Action: — Motion to accept report. CITY COUNCIL AGENDA -3- February 13, 2012 8. Public Hearings a. 2012 Urban Hennepin County Community Development Block Grant Program —This item was first read on January 23, 2012; was published in the official newspaper on February 2, 2012; and is offered this evening for second reading and Public Hearing. I. Resolution Approving Projected Use of Funds for 2012 Urban Hennepin County Community Development Block Grant Program, Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolution. 9. Planning Commission Items a. Planning Commission Application No. 2012 -001 Submitted by the City of Brooklyn Center. Request to Amend the City of Brooklyn Center's 2030 Comprehensive Plan Update by Changing an "OS -Office /Service Business" Land Use Designation to Mixed Use —OS /I (Office - Service Business /Industrial) for the Property Located at 4001 Lakebreeze Avenue (and generally located and bound by Azelia Avenue to the west, Lakebreeze Avenue to the north, and Hwy 100 to the east and south). The Planning Commission recommended approval of this application at its January 26, 2012, meeting. 1. Resolution Approving an Amendment to the 2030 Comprehensive Plan from OS- Office /Service Business to Mixed Use OS /I — Office- Service Business /Industrial, Relative to the Commercial Zoned Land Generally Located in the Southwest Quadrant of the City, Bounded by Azelia Avenue to the West, Lakebreeze Avenue to the North and Hwy 100 to the East and South of the Property. (Former NW Athletic Club /Lifetime Fitness site, -4001 Lakebreeze Avenue) Requested Council Action: — Motion to adopt resolution. 10. Council Consideration Items a. Mayoral Appointment of Member to Serve as Alternate Commissioner on Shingle Creek and West Mississippi Watershed Management Commissions Requested Council Action: — Motion to ratify Mayoral appointment. b. Mayoral Appointment of Member to Serve on Planning Commission Requested Council Action: — Motion to ratify Mayoral appointment. i CITY COUNCIL AGENDA 4- February 13, 2012 C. Hearing for Nelia Schaff Regarding Rental Property Located at 7018 Brooklyn Boulevard Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. — Motion to direct Staff to prepare a resolution for the next City Council meeting with findings of fact for either suspension or revocation of the rental license for property located at 7018 Brooklyn Boulevard. d. Hearing for Commers - Clover II LLP Regarding Rental Property Located at 6331, 6401, and 6425 Beard Avenue North; and 3401 47th Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. — Motion to direct Staff to prepare a resolution for the next City Council meeting with findings of fact for either suspension, revocation, denial, or non - renewal of the rental license for property located at 6331, 6401, and 6425 Beard Avenue North; and 3401 47th Avenue North. e. Consideration of Type IV 6 -Month Provisional Rental License for 6116 Aldrich Avenue North 1. Resolution Approving a Type IV Rental License for 6116 Aldrich Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. — Motion to adopt resolution. f. Consideration of Type IV 6 -Month Provisional Rental License for 6101 Xerxes Avenue North 1. Resolution Approving a Type IV Rental License for 6101 Xerxes Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. — Motion to adopt resolution. CITY COUNCIL AGENDA -5- February 13, 2012 i g. Consideration of Type IV 6 -Month Provisional Rental License for 5715 Emerson Avenue North 1. Resolution Approving a Type IV Rental License for 5715 Emerson Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. — Motion to adopt resolution. h. Consideration of Type IV 6 -Month Provisional Rental License for 5828 Fremont Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. 11. Council Report 12. Adjournment Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. City Council Agenda Item No. 6a -I 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 /WORK SESSION JANUARY 23, 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 Business and Development Gary Eitel, Police Chief Kevin Benner, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested discussion of Item 6b, Licenses, and asked where the Brass Monkey is located. City Manager Curt Boganey stated the license is for Oak City at 2590 Freeway Boulevard. The City Council agreed with the request of Councilmember Lasman that Consent Agenda Item 6c, Approval of Site Performance Guarantee Reduction for 1501 Freeway Boulevard — FBI /GSA Headquarters, be removed from the Consent Agenda so staff can provide an update. The City Council indicated it would be interested in touring the new FBI /GSA Headquarters. Mr. Boganey stated he will contact FBI staff to determine when the FBI Headquarters will be opening and request a private tour for the City Council Members. The City Council agreed with the request of Councilmember Lasman that Agenda Item 6d, Resolution Calling for a Public Hearing on Proposed Use of the 2012 Urban Hennepin County Community Development Block Grant Funds, be removed from the Consent Agenda so staff can present a report to assure the public is informed of this public hearing. Councilmember Ryan asked City staff to provide, during the CDBG public hearing, a review of fund use, history of funding levels, and if funding has been trending downward. MISCELLANEOUS Councilmember Ryan referenced the MPCA information relating to cleanup of the former Pilgrim Cleaners site and hope that the clean -up will be expedited. He noted this may have more significance to residents in the area than with the Luther development project. Councilmember 01/23/12 -1- DRAFT i Ryan stated it may be difficult to clearly communicate this technical information to residents and he looks forward to hearing more about this matter. Mr. Boganey explained that residents in this area are being asked if they have private wells and if so, to discontinue use of that water source. Mayor Willson reported on a call he received from a resident concerned about snowmobiles and ATVs cutting paths through Twin Lakes Island, which is posted as a wildlife sanctuary. Mr. Boganey stated he will follow up on this item and report back. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS RANDOM ACTS OF KINDNESSS Mr. Boganey presented the updated Random Acts of Kindness Program, letter to community members, and nomination form, noting the modifications requested by the City Council at its January 9, 2012, Study /Work Session have been incorporated. He noted the City Council indicated that a single individual nominated several times should receive only one certificate, and advised that is the current practice. However, the person is invited to come forward for each nomination. Mr. Boganey asked the City Council if it was comfortable with the list of examples. The City Council discussed the list of examples and consensus was reached to eliminate the following because they do not rise to a level for recognition: call a lonely person; open a door; give blood; and, pat someone on the back. The City Council discussed the intent of "random" acts, noting it should be spontaneous rather than planned. Councilmember Ryan suggested the title "Random Acts of Kindness" is a brand in being a program that is recognized by residents in promoting acts of kindness. The majority consensus of the City Council was to reword the draft letter to indicate: "You and your nominee are invited to attend the regularly scheduled televised City Council recognition on Monday..." The majority consensus of the City Council was to approve the Random Acts of Kindness Program, letter to community members, and nomination form as revised. DISPATCH FUNDING The Council referenced the January 5, 2012, letter from Sheriff Stanek indicating Hennepin County will be undertaking a financial analysis including a review of the current policy of not charging cities for dispatch services provided by the Sheriff s Office. Mayor Willson stated he remembers when the City's dispatch service went to Hennepin County and an important factor in making that decision was the indication by Hennepin County that there would be no fees charged by the County to do so. 01/23/12 -2- DRAFT Councilmember Lasman stated she served on the City Council when the decision was made to move dispatch services to Hennepin County and a lot of people were upset about that decision. She explained the City Council had made the decision after being convinced the service would not be compromised in any way and it would save the City money. She noted if the City is shown what the costs are, what it would cost the City to have its own dispatch service, and that the County service is cheaper, then that could be considered. However, she feels this is like a "bait and switch" based on the information that had been given to the City Council when it made that decision. Councilmember Lasman felt it sounded like Hennepin County was not following through with its original promise. Councilmember Ryan stated the City Council will probably receive more information about this issue. He asked the Police Department to provide input on whether the County dispatch center has worked so far and if there are advantages to the County service beyond money savings. Mayor Willson suggested staff be directed to draft a letter supporting Sheriff Stanek's position to not charge cities a fee for dispatch services. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:50 p.m. Motion passed unanimously. DISPATCH FUNDING The discussion continued on the matter of dispatch funding. Mr. Boganey stated he agrees with Sheriff Stanek and does not want the City to pay a fee for dispatch services. He also agreed it seems like a "bait and switch" if the County tries to charge a fee. However, there are a lot of things the City does not yet know, such as whether the new dispatching services would provide a higher service level than promised ten years ago at no charge. He noted there have been technical advances over the years, such as mapping capabilities, and it may be that the County is proposing significantly expanded dispatch operations that would enhance the operability of police and fire departments and EMTs to interact and coordinate. If that is the case, the question is whether the City is willing to pay to obtain far superior service to the current level of dispatch or is satisfied with the current level of service. Mr. Boganey recommended the City request more information before determining a response. 01/23/12 -3- DRAFT Councilmember Lasman supported reminding Hennepin County of the promises it made, agreement reached, and ask where current dispatch services are inadequate and in need of improvement. She supported the City making a response so Hennepin County is informed of the City's concerns and that it feels a bit betrayed. Councilmember Kleven agreed with the comments of Councilmember Lasman and suggested such a letter be drafted by staff. The majority consensus of the City Council was to direct the City Manager to prepare a response letter for review by the City Council reminding Hennepin County of promises made, the agreement reached, and to request additional information on the enhancements being proposed. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:58 p.m. Motion passed unanimously. 01/23/12 -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 23, 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, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Diane Sannes, 7006 Willow Lane, read a note from Ophelia Copes, 3008 Quarles Road, extending her thanks to the Fire Department for helping with her smoke detector. Ms. Sannes announced and invited the City Council to attend the Wednesday, January 25, 2012, welcome for FBI personnel at Panera Bread, and the April 14, 2012, EarthFest to be held at Brooklyn Center High School. Councilmember Ryan moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Father Martin Stillmock, St. Alphonsus, provided the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL 01/23/12 -1- DRAFT i I Mayor Tim Willson and C ncilmem er Carol Kleven Ka Lasman and Dan Ran. Also 0 ou b s Y Y , Y present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vicki Schleuning, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with the removal of Item Nos. 6c and 6d from the Consent Agenda to Council Consideration Item Nos. 10d and 10e, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 9, 2012 — Study Session 2. January 9, 2012 — Regular Session 3. January 9, 2012 — Work Session 6b. LICENSES FIREWORKS — PERMANENT Cub Foods 3245 County Road 10 GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Avenue N. Two Rivers Investment, Inc. 6840 Humboldt Avenue N. MECHANICAL A+ Mechanical, Inc. 2150 West Stark Road, Cambridge Jay Hawk Mechanical 3307 North 2 °a Street, Minneapolis Seasonal Heating & A/C 8565 80 Street N, Stillwater PUBLIC DANCE Brass Monkey, LLC dba Oak City Sports Tavern 2590 Freeway Boulevard RENTAL INITIAL (TYPE III — one-year license) 6737 Regent Avenue N. Kim Vu -Trap INITIAL (TYPE II —two-year license) 2804 67 Lane N. Bryon Aitkens 01/23/12 -2- DRAFT 54127 Circle Yanhau Sun 5351 71" Circle N. Ghulam Pyarali 4917 Abbott Avenue N. James Maciazke 6312 France Avenue N. Joseph Noonan 3834 Oak Street Passed w /Weather Deferral Man Lin 6307 Scott Avenue N. Passed w /Weather Deferral Donovan Gilbert 6908 Unity Avenue N. Xingfu Chen 7180 Unity Avenue N. Yue Liu 5836 Xerxes Avenue N. Paul Witte RENEWAL (TYPE III — one-year license) 3713 47" Avenue N. / Ryan Creek Manor Passed w /Weather Deferral Drew Kabanuk 1312 72 Avenue N. Curtis Cady 6012 York Avenue N. Passed w /Weather Deferral Korpo Ngaima/Presley Hanson RENEWAL (TYPE II — two-year license) 361347 �h Avenue N. / Ryan Creek Manor Passed w /Weather Deferral Drew Kabanuk RENEWAL (TYPE I — three-year license) 360147 1h Avenue N. / Ryan Creek Manor Drew Kabanuk 6101 Beard Avenue N. / Beard Ave. Apts. Passed w /Weather Deferral Beard Avenue Apartment 6130 France Avenue N. Ewing Square Family Housing Christopher Cooper 4100 Lakebreeze Avenue Bruce Waage 6031 Colfax Avenue N. J. Thomas Equities LLC` SIGNHANGER Lighttech, Inc. 235 Charles Avenue, St. Paul TOBACCO RELATED PRODUCT Brass Monkey, LLC dba Oak City Sports Tavern 2590 Freeway Boulevard Two Rivers Investment, Inc. 6840 Humboldt Avenue N. 6c. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 1501 FREEWAY BOULEVARD — FBI /GSA HEADQUARTERS This item was removed from the Consent Agenda to be considered as Agenda Item No. 10d. 01/23/12 -3- DRAFT 6d. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This item was removed from the Consent Agenda to be considered as Agenda Item No. l Oe. Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS — None 8. PUBLIC HEARINGS — None 9. PLANNING COMMISSION ITEMS — None 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2012 -14 RECEIVING A REPORT FROM THE CITY MANAGER OUTLINING A PARTIAL RENTAL LICENSE REVIEW PROCESS FOR GRANITE PEAKS LOCATED AT 3907, 3909, AND 3911 65" AVENUE NORTH City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution to receive a report outlining a partial rental license review process for Granite Peaks Apartments (Brookhaven) located at 3907, 3909, and 3911 65"' Avenue North. It was noted the rental license for this property is revoked for one year ending February 13, 2012. Soderberg Investments purchased the property on December 23, 2011, and is asking the City Council to consider allowing submittal of a license on a building -by- building basis. Mr. Boganey described the extensive renovations that would occur and greatly improve these rental apartments. Mayor Willson stated the City Council has considered this type of request in the past and it had worked well. He noted this is the type of process the City Council supports to restore rental units and address numerous violations. He stated Mr. Soderberg has worked well with other apartment complexes and based on his successful past history, supports approval of the request. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012 -14 Receiving a Report from the City Manager Outlining a Partial Rental License Review Process for Granite Peaks Located at 3907, 3909, and 391165"' Avenue North. 01/23/12 -4- DRAFT Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6234 BROOKLYN BOULEVARD Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised the owner of 6234 Brooklyn Boulevard received a Type IV Rental License on September 12, 2011, on condition of adherence to the Mitigation Plan. The property would qualify for a Type I rental License based on property code violations and validated police nuisance incidents. However, the owner has failed to comply with the Mitigation Plan (required attendance at ARM meetings) and according to City ordinances, if the requirements of the license category and Mitigation 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. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that Mitigation Plan and held discussion with the property owner and recommends approval of a Type IV 6 -month Provisional 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. No one appeared to address the Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-15 APPROVING A TYPE IV RENTAL LICENSE FOR 6234 BROOKLYN BOULEVARD Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-15 Approving a Type IV Rental License for 6234 Brooklyn Boulevard. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6207 COLFAX AVENUE NORTH Ms. Schleuning advised the owner of 6207 Colfax Avenue North received a Type IV Rental License on October 10, 2011, on condition of adherence to the Mitigation Plan. The property would qualify for a Type I Rental License based on property code violations and validated police nuisance incidents. However, the property owner has failed to comply with the Mitigation Plan (required attendance at ARM meetings) and according to City ordinances, if the requirements of the license category and Mitigation Plan are not met, the license renewal category remains a 01/23/12 -5- DRAFT i Type IV. It was noted that the property was inspected and one property code violations was cited, with a weather deferral for exterior painting. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval of a Type IV 6 -month Provisional Rental License in lieu of denial, revocation, or suspension because the owner made improvements to the condition of the property. Councilmember Kleven moved and Councilmember Lasman seconded to open the hearing. Motion passed unanimously. No one appeared to address the Council. Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012 -16 APPROVING A TYPE IV RENTAL LICENSE FOR 6207 COLFAX AVENUE Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2012 -16 Approving a Type IV Rental License for 6207 Colfax Avenue North. Motion passed unanimously. 10d. [FORMERLY CONSENT AGENDA ITEM NO. 6C.] APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 1501 FREEWAY BOULEVARD — FBI /GSA HEADQUARTERS Mr. Boganey introduced the item and presented staff's recommendation to reduce the site performance guarantee reduction for 1501 Freeway Boulevard, the FBI /GSA Headquarters. It was noted staff has verified the necessary site improvements have been completed. Mr. Boganey indicated that $20,000 would be retained as surety the landscaping will meet the one -year warranty requirement. Councilmember Lasman moved and Councilmember Ryan seconded to approve reduction of the site performance guarantee for 1501 Freeway Boulevard, the FBI /GSA Headquarters. Motion passed unanimously. 10e. [FORMERLY CONSENT AGENDA ITEM NO. 6D.] RESOLUTION NO. 2012 -17 CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 01/23/12 -6- DRAFT 'i Ms. Schleuning introduced the item and stated the purpose of the resolution to call for a Public Hearing on the proposed use of the 2012 Urban Hennepin County Community Development Block Grant (CDBG) funds. She reviewed the funding allocation, allocation cap, and indicated requests for funding would be presented at the public hearing on February 13, 2012. Mayor Willson indicated entities seeking CDBG funding must submit their information 10 days prior to February 13, 2012, for staff review and make recommendation to the City Council. Mr. Boganey clarified that the CDBG allocation will be $212,000 and the proposed program for next year is to use $150,000 for Code enforcement activities, up to 15% for public service projects, and the balance for the City's Housing Rehabilitation Program. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012 -17 Calling for a Public Hearing on Proposed Use of 2012 Urban Hennepin County Community Development Block Grant Funds. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • January 12, 2012, State of the City address and luncheon • January 12, 2012, Planning Commission meeting • January 17, 2012, Park and Recreation Commission meeting • January 18, 2012, Minneapolis Northwest Convention and Visitors Bureau breakfast • January 19, 2012, Northwest Hennepin Human Services luncheon Councilmember Kleven encouraged senior residents to make use of the Fire Department's smoke detector program and to vote in tomorrow's Special Election to fill the City Council vacancy. Councilmember Ryan reminded seniors of the Fire Department's smoke alarm program and urged all to vote tomorrow, January 24, 2012, at the Special Election for the vacancy on the City Council. Councilmember Lasman reported on her attendance at the following: • January 18, 2012, Crime Prevention Meeting Councilmember Lasman encouraged residents to vote tomorrow at the Special Election to fill the City Council vacancy. Mayor Willson reported on his attendance at the following: • January 12, 2012, presented the State of the City address at Edinburgh • January 16, 2012, met at City Hall with the videographers working with the Earle Brown School System 01/23/12 -7- DRAFT Councilmember Ryan announced the passing of a great Brooklyn City resident, Wallace Bernards, the former Brooklyn Center High School Principal. He extended his sympathy to the Bernards family. Mayor Willson added his condolences and stated it was a pleasure to have known Mr. Bernards and worked with him over the years. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:36 p.m. Motion passed unanimously. 01/23/12 -8- 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 i SPECIAL SESSION JANUARY 30, 2012 CITY HALL 1. CALL TO ORDER The Brooklyn Center City Council met in Special Session as an election canvass board ca lled to order by Mayor Tim Willson at 5:00 p.m. 2. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present was City Clerk Sharon Knutson. 3. CANVASS OF ELECTION RETURNS 3a. RESOLUTION NO. 2012 -18 REGARDING CANVASS OF JANUARY 24, 2012, MUNICIPAL SPECIAL ELECTION The Brooklyn Center City Council proceeded to canvass the City election returns from all City precincts, reporting ballots cast in the City of Brooklyn Center contest as follows: Office of Council Member Ballot Count Cto fill vacancy in term expiring January 7, 2013) Lin Myszkowsld 517 Mark Yelich 378 Councilmember Lasman moved and Councilmember Kleven seconded to adopt RESOLUTION NO. 2012 -180 Regarding Canvass of January 24, 2012, Municipal Special Election. Motion passed unanimously. 4. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the Special Session at 5:02 p.m. Motion passed unanimously. 01/30/12 -1- City Council Agenda Item No. 61b i COUNCIL ITEM MEMORANDUM DATE: February 7, 2012 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk n SUBJECT: Licenses for City Council Approval � Recommendation: It is recommended that the City Council consider approval of the following licenses at its February 13, 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. MECHANICAL Bonfe's Plumbing, Heating and Air 505 Rudolph Avenue, St. Paul Dean's Professional Plumbing, Inc. 5392 Quam Avenue, St. Michael North Country Aire 29617 Riverridge Road, Isanti Team Mechanical, Inc. 3508 Snelling Avenue, Minneapolis Weld & Sons Plumbing Co. 3410 Kilmer Lane N, Plymouth Yours By Design Heating and Cooling 1543 126 Avenue NE, Blaine MOTOR VEHICLE DEALERSHIP Blvd Auto Sales Inc. 6121 Brooklyn Blvd RENTAL See attached report. SIGN HANGER Elements, Inc. 10044 Flanders Court NE, Blaine :Mission. Ensuring an attractive, clears, safe community that enhances the quality of life antipreserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 475 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3 +units Greater than 0:75. but not more than 15 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3 +.units Greater than 1.5 butnot' more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3 ±units Greater.thar 3' License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3- 4'units: 0 -0:25 5 or more units 0-0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 =4, unifs,: Greater than:0.25 liut not more than 1 '. 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than 1 ' 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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E E E E E E E E Q N hq, (O f6 m f0 l0 m m t6 N G LL LL LL LL LL LL LL LL U O = 3 *T tl ba h�D O C h bA Oa * a) Of L .� f fLO p O J a� a 4— ) 4 a) U it i Ca. :5 =k'm Z 41 "O a1 U 'A > or Z a Z Z L f— C) x `a a) r- �a r- Q) > > > t° c Ln o / T c 3> 3 p c c a ) cu LA 0 v fn F �� n fu o u w a °; o o') tD °� a a-I a Ln L v p': O N ri d' O N O N tD LL V- Q • I? ' tD fa ri m Ct Co m N O r-I U (L; Ln a r- Lr) LO a I'D m r` r� City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cler 4 DATE: February 7, 2012 SUBJECT: 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 March 17, 2012 Recommendation: It is recommended that the City Council consider approval of the 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 March 17, 2012. Background: Church of St. Alphonsus, 7025 Halifax Avenue North, has submitted an application and permit for temporary on -sale liquor license for an event to be held March 17, 2012. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust oF , 7 :PATIRICKS DAY DA N C_ , FFLL Minnesota Department of Public Safety S ALCOHOL AND GAMBLING ENFORCEMENT DIVISION o 444 Cedar Street Suite 222, St. Paul MN 55101 -5133 ' (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE JA 1 , P' TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER ST ALPHONSUS CHURCH 1959 ES 32045 STREET ADDRESS CITY STATE ZIP CODE 7025 HALIFAX AVE N B OOKLYN CENTER MN 55429 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE MICHELLE KARL 4 63)503 -3389 ( > DATES LIQUOR WILL BE SOLD March 17 2012 TYPE OF ORGANIZATIO — - - --- 1 B C14ARITABLE Li I 7j QTHER NONPROFIT ORGANIZATION OFFICER'S NAME ADDRESS FR. PETER CONNOLLY, C.Ss.R. 7025 HALIFAX AVE N BROOKLYN CENTER MN 55429 ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe SCHOOL G Y M Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor _liability insurance? If so, please provide the carrier's name and amount of coverage. CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY OUNTY l� �(� DATE APPROVED CITY FEE AMOUNT t �O LICENSE DATES DI FEE PAID I �_ SIGNATURE CITY CLERK OR COUNTY &FICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NO "rE: Submit this form to the city or county30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (12/09) Certificate of Coverage Date: 1 /17/2012 Certificate Holder This Certificate is issued as a matter of information only and 'archdiocese of St. Paul- Minneapolis confers no rights upon the holder of this certificate. This certificate 'hancery Office does not amend, extend or alter the coverage afforded below. 226 Summit Avenue St. Paul, MN 55102 Company Affording Coverage THE - CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA Covered Location 10843 OLD MILL RD St. Alphonsus Catholic Church OMAHA, NE 68154 7025 Halifax Avenue North Brooklyn Center, MN 55429 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued •or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Coverage Effective Coverage Expiration Type of Coverage Certificate Number Date Date Limits Property Real & Personal Property D. General Liability Each Occurrence 500,000 General Aggregate Occurrence " "— Products-Comp/OP Agg 8589 7/1/2011 7/1/2012 Claims Made Personal & Adv Injury ® Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability Each Occurrence 500,000 8589 7/1/2011 7/1/2012 Annual Aggregrate Other Each Occurrence Claims Made Annual Aggregrate Limit /Coverage Description of Operations /Locations /Vehicles /Special Items (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language) Coverage is verified for the Covered Location's St. Patrick's Day Celebration, to be held on parish grounds, March 17, 2012, Includes Liquor Liability & Fidelity for Charitable Gambling Holder of Certificate Cancellation Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will City of Brooklyn Center endeavor to-mail 30 days written notice to the holder of Z01 Shingle Creek Parkway certificate named to the left, but failure to mail such notice shall rooklyn Center, MN 55430 impose no obligation or liability of any kind upon the company, its agents or representatives. Authorized - Representative / 0111001189 City Council Agenda Item No. 6d s r r COUNCIL ITEM MEMORANDUM DATE: 1 February 2012 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finance SUBJECT: Statutory Tort Liability Limits Recommendation: It is recommended that the City Council consider approval /adoption of the attached resolution adopting the no waiver option for statutory tort liability insurance. Background: Each year the City must chose whether to waive tort liability limit protections of Minnesota Statutes 466.04 as part of the insurance policy renewal application process. M.S. 466.04 states that the maximum liability for a city for any claim arising after 1 January 2010 is $ 500,000 with an aggregate maximum of $ 1,500,000 per incident. In past years the City Council has chosen not to waive the liability limits and the regular premium for insurance has covered all claims. If the City were to waive the limits set by statute, it would be prudent to purchase additional insurance coverage to cover possible higher awards in liability claims. Premiums for such insurance would exceed $ 9,000 per year. Budget Issues: The 2012 budget anticipates leaving the no waiver option in place for 2012 and has anticipated insurance premiums based on that no waiver option. Waiving the statutory limits would require that at least $ 9,000 in additional premium costs be allocated for 2012 and in each succeeding year. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City Mission: Ensuring an attractive, clean, safe coinnusnify that enhances the quality of life and preserves the public trust i SECTION 1: LIA$ILI'TY COVERAGE WAIVER FORM I Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: a If the i d n o t waive st atutor y to its an in c aiman wo a able r ec o ver c ty doe h o test tory rt lim its, cl aimant would b to r co r no e more than $500,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. a If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000, on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000., regardless of the number of claimants. a if the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further Information, contact LMCIT. You may also wish to discuss these issues with your city attorney. City of Brooklyn Center accepts liability coverage limits of $ 500,000/$1,500,000 from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: [� The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 456.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave, W., Sr. Paul, MN. 55103 -2044 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2012 WHEREAS, the City of Brooklyn Center has an option to waive its protection under the tort liability limitation contained in Minnesota Statutes 466.04; and WHEREAS, the statutory tort limit for 2012 is $500,000 per individual with an aggregate of $1,500,000 per incident; and WHEREAS, the City of Brooklyn Center has not opted to waive its rights to limited tort liability in past years and is required to make a declaration of its intention every year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 for 2012. February 13, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e i COUNCIL ITEM MEMORANDUM DATE: 1 February 2012 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finance SUBJECT: Audit Letter of Engagement Recommendation: It is recommended that the City Council adopt the attached resolution authorizing the Mayor and City Manager to execute the Letter of Engagement for audit services provided by Malloy, Montague, Karnowski, Radosevich & Co. in connection with the audit and review of the 2011 annual financial report. Background: Each year the City Council hires an independent CPA firm to audit the City's financial statements contained in the Comprehensive Annual Financial Report (CAFR). In connection with the audit the CPA firm prepares a Management Letter for the Council pointing out . highlights of the financial statements and suggesting ways that the financial reporting system might be improved. Occasionally there are items of concern that the auditors raise as findings or reportable conditions. The audit process includes review of the financial statements, comparison of the actual results with budgeted allocations, review of the internal control system of the City, compliance with state and federal accounting and reporting procedures, and preparation and presentation of the audit report and a Management Letter. The audit of the 2011 financial statements will be performed by the firm of Malloy, Montague, Karnowski, Radosevich & Co. (MMKR). This is the fifth time they will perform the City's annual audit. After a three year fixed cost commitment obtained through the 2007 audit RFP, MMKR offered an additional three year cost commitment adopted by the City Council in September of 2010. The not -to- exceed cost for the 2011 audit has been fixed at $ 38,500 which is the same as the 2010 audit agreement. During the audit of the 2011 CAFR they will review the financial statements in order to provide an opinion on the fairness of the presentation of the basic financial statements. They will also review supplementary information and indicate whether that information supports the fair presentation of the basic financial statements. They will use standards promulgated by generally accepted accounting principles, the Comptroller General of the United States through the Government Auditing Standards publication, the Government Accounting Standards Board (GASB) through its pronouncements and statements, and State of Minnesota through the Legal Compliance Audit Guide prepared by the State Auditor's Office. They will review internal control procedures and report any important weaknesses they find to the City Council. They will I'lission: Ensuring an attractive, clean, safe cone ucnitj- that enhances the qualiiv of life and preserves the public trust COUNCIL ITEM MEMORANDUM also prepare a Management Letter to the City Council giving a general analysis of the City's financial situation. Further details of the agreement to audit the City's financial statements are included in the attached form of the Letter of Engagement. Budget Issues: The proposed fee for this service on the 2011 financial statements is $ 38,500 plus reasonable out -of- pocket expenses. If, in addition, MMKR is required to perform an A -133 Federal Single Audit of federal fiends received because the City feceived more than $ 500,000 in federal funds in 2011, the projects) receiving those federal funds will be charged accordingly. The 2010 CAFR audit required $ 9,500 for the A -133 Federal Single Audit. Including out of pocket expenses, the 2011 payment for all 2010 audit expenses was $ 47,946. The 2012 budget contains a total of $ 53,200 in designated accounts in the General Fund, EDA fiend, and all Enterprise type funds. This is expected to be adequate for coverage of the regular and any Federal Single audit procedures plus reasonable out of pocket expenses. Council Goals: Ongoing: 2. We will ensure the financial stability of the City { Mission. Ensuring an attractive, clear, safe corninunity that enhances the quality of life and preserves the public trust PRINCIPALS Thomas M. Montague, CPA MMKR Thomas A. Karnowski, CPA j Paul A. Radosevich, CPA William J. Lauer, CPA " E R T I F I E D PUBLIC James H. Eichten, CPA C C O U N T A N T S Aaron J. Nielsen, CPA Victoria L. Holinka, CPA January 6, 2012 To the City Council of the City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Councilmembers: We are pleased to confirm our understanding of the services we are to provide the City of Brooklyn Center (the City) for the year ended December 31, 2011. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the City's basic financial statements as of and for the year ended December 31, 2011. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as the Management's Discussion and Analysis (MD &A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board (GASB) who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis 2. Required Supplementary Information 3. GASB required other post - employment benefits (OPEB) information (as needed) We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1. Combining and individual fund statements and schedules 2. Schedule of Expenditures of Federal Awards (if required) Malloy, Montague, Karnowski, Radosevich & Co., P. A. 5353 Wayzata Boulevard Suite 410 • Minneapolis, MN 55416 • Telephone: 952- 545 -0424 • Telefax: 952- 545 -0569 www.mmkr.com City of Brooklyn Center Page 2 January 6, 2012 The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance: 1. Statistical tables 2. Introductory section We will perform the required State Legal Compliance Audit conducted in accordance with auditing standards generally accepted in the United States of America and the provisions of the Legal Compliance Audit Guide, promulgated by the State Auditor pursuant to Minnesota Statute § 6.65, and will include tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. We will also prepare a management report for the City Council and administration. This report will communicate such things as our concerns regarding accounting procedures or policies brought to our attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis, and other information of interest. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the basic financial statements as a whole. The objective also includes reporting on: • Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, other within the City, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass- through entities and is not intended to be and should not be used by anyone other than these specified parties. i City of Brooklyn Center Page 3 January 6, 2012 Our audit will be conducted in accordance with generally accepted auditing standards established in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Ace Amendments of 1996; and the provisions of OMB Circular A -133, and will include tests of accounting records, a determination of major program(s) in accordance with OMB Circular A -133, and other procedures we consider necessary to enable us to express such opinions and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. Management is also responsible for identifying government award programs and understanding and complying with the compliance requirements, and for preparation of the Schedule of Expenditures of Federal Awards in accordance with the requirements of OMB Circular A- 133. As part of the audit, we will assist in the preparation of your Schedule of Expenditures of Federal Awards and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements, Schedule of Expenditures of Federal Awards, and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with the preparation of the Schedule of Expenditures of Federal Awards and that you have reviewed and approved the Schedule of Expenditures of Federal Awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including internal controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met and that there is reasonable assurance that government programs are administered in compliance with compliance requirements. You are also responsible for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective - financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and where applicable, cash flows in conformity with accounting principles generally accepted in the United States of America; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities also include identifying significant vendor relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that information. Management's responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. City of Brooklyn Center Page 4 January 6, 2012 You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the City involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the City complies with applicable laws, regulations, contracts, agreements, and grants. Additionally, as required by OMB Circular A -133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review at the conclusion of the engagement. You are responsible for the preparation of the supplementary information In conformity with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the reports, and for the timing and format for providing that information. Audit Procedures — General 1 An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major program. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. i ��I i City of Brooklyn Center Page 5 January 6, 2012 I Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Controls Our audit will include obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A -133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A -133. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However; during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and OMB Circular A -133. Audit Procedures — Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A -133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Circular A -133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of these procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A -133. Audit Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. City of Brooklyn Center Page 6 January 6, 2012 The assistance to be supplied by your personnel, including the preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices select by us for testing, will be discussed and coordinated with you. We will provide copies of our reports to City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarized our audit findings. We will provide copies of our reports to the City; however, it is management's responsibility to submit the reporting package (including financial statements, Schedule of Expenditures of Federal Awards, summary schedule of prior audit findings, auditors' report, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse and, if appropriate, to pass- through entities. We will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report for you to include with the reporting package you will submit to pass - through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will coordinate with you the electronic submission and certification. The audit documentation for this engagement is the property of Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a regulatory agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carryout oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of MMKR personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the regulatory agency. If we are aware that a federal awarding agency, pass- through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. James H. Eichten, CPA is the engagement partner and is responsible for supervising the engagement and signing the report. Our fees for these services will be based on the actual time spent at our standard hourly rates. We will also bill you for travel and other out -of- pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable upon presentation. Unless additional work is requested, or circumstances require additional work, our fees will be as described in the Technical Proposal for Professional Auditing Services, which outlined a total all - inclusive maximum price for the audit of $38,500. This price does not include an audit in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, which would only be required if the City expended $500,000 or more in federal assistance funds during the year. If the City is required to have a Single Audit of federal assistance funds, the price would need to be modified. City of Brooklyn Center Page 7 January 6, 2012 The fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events such as new contractual agreements, transactions. and legal requirements of new bond issues, new funds, major capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records, or turnover in the City's staff. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sinc ely, L OY, ONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A. Ja e H. Eichten, CPA P in ipal J :kch Response: This letter correctly sets forth the understanding of the City of Brooklyn Center. By: By: Title: Title: Date: Date: KERBER, ROSE & ASSOCIATES, S.C. Certified Public Accountants 1< 4211 N. Lightning Drive, Suite A • Appleton, WI 54913 (920) 993 -0105 e Fax (920) 993 -0116 (888) 725 -5277 System Review Report To the Principals of Malloy, Montague, Karnowski, Radosevich and Co., P.A. and the Peer Review Committee of the Minnesota Society of CPAs We have reviewed the system of quality control for the accounting and auditing practice of Malloy, Montague, Karnowski, Radosevich and Co., P.A. (the firm) in effect for the year ended May 31, 2010. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org /prsummary As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards and an audit of an employee benefit plan. In our opinion, the system of quality control for the accounting and auditing practice of Malloy, Montague, Karnowski, Radosevich and Co., P.A. in effect for the year ended May 31, 2010, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Malloy, Montague, Karnowski, Radosevich and Co., P.A. has received a peer review rating of pass. K , 4"C , KERBER, ROSE & ASSOCIATES, S.C. September 23, 2010 Members of the American and Wisconsin Institutes of Certified Public Accountants www.kerberrose.com Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF ENGAGEMENT FOR PROFESSIONAL SERVICES FOR AUDIT OF THE 2011 FISCAL YEAR WHEREAS, the City of Brooklyn Center last solicited Requests for Proposals (RFP's) for auditing services in 2007; and WHEREAS, the firm of Malloy, Montague, Karnowski, Radosevich & Co. was the successful proposer in that process; and WHEREAS, audit of the 2011 fiscal year will be the fifth in the engagement proposed in the 2007 RFP; and WHEREAS, Malloy, Montague, Karnowski, Radosevich & Co. has proposed a scope of work for audit of the 2011 financial statements and a schedule of fees consistent with budgetary expectations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Malloy, Montague, Karnowski, Radosevich & Co. be retained to perform and complete the audit of the 2011 Comprehensive Annual Financial Statements and accompanying reports at a cost not to exceed $38,500 plus reasonable out of pocket costs. Additional costs for an A -133 Federal Single Audit will be charged to the project receiving the federal funds generating the audit requirement. The Mayor and City Manager are hereby authorized to execute a Letter of Engagement for said services. February 13, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6f i COUNCIL ITEM MEMORANDUM DATE: February 7, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer s� SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2011 -05 and 06, Contract 2011 -13, Unity Avenue and Shingle Creek Parkway Street Improvements Recommendation: It is recommended that the City Council consider approval of the resolution accepting work performed and authorization final payment, Improvement Project Nos. 2011 -05 and 06, Contract 2011 -B, Unity Avenue and Shingle Creek Parkway Street Improvements. Background: On April 25, 2011, the City Council awarded Contract 2011 -13 to T.A. Schifsky and Sons, Inc. of St. Paul, Minnesota, for the Unity Avenue and Shingle Creek Parkway Street Improvements Project. T.A. Schifsky and Sons, Inc. has successfully completed the project work and is requesting final payment for the project. Budget Issues: The original contract amount with T.A. Schifsky and Sons, Inc. for the project improvements was $923,730.54. The total value of work certified for final payment is $774,248.45. The total project cost including contingencies / administration /engineering/legal is $975,551.10. The project was completed 16.4 percent under budget in the amount of $191,089.19. The attached resolution provides a summary of costs and funding sources for the project. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed I Hission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2011 -05 AND 06, CONTRACT 2011 -B, UNITY AVENUE AND SHINGLE CREEK PARKWAY STREET IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, T.A. Schifsky and Sons, Inc., of St. Paul, Minnesota has completed the following improvements in accordance with said Contract: Improvement Project Nos. 2011 -05 and 06, Contract 2011 -B, Unity Avenue and Shingle Creek Parkway Street Improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. Final payment shall be made on Improvement Project Nos. 2011 -05 and 06, Contract 2011 -B, Unity Avenue and Shingle Creek Parkway Street Improvements, taking the contractor's receipt in full. The total amount to be paid for said improvements under said Contract shall be $774,248.45. 2. The estimated project costs and revenues are hereby amended as follows: COSTS As Original Award As Final Contract $ 923,730.54 $ 774,248.45 Lighting $ 10,000.00 $ 0.00 Admin/Legal/Engr. $ 140,044.75 $ 195,435.81 Contingency $ 92,865.00 $ 5,866.84 Total Project Cost $1,166,640.29 $ 975,551.10 REVENUES As Original Award As Final Street Assessment $ 204,814.26 $ 204,814.26 Sanitary Sewer Utility Fund $ 15,604.34 $ 15,929.34 Water Utility Fund $ 5,229.51 $ 7,000.10 Storm Drainage Utility Fund $ 13,010.96 $ 13,984.20 Street Light Utility Fund $ 13,225.00 $ 0.00 Municipal State Aid Fund $ 745,527.97 $ 627,753.03 Street Reconstruction Fund $ 169,228.25 $ 105,645.17 Miscellaneous Revenues $ 0.00 $ 425.00 Total Revenue $1,166,640.29 $ 975,551.10 . 1 RESOLUTION NO. February 13, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6g COUNCIL ITEM MEMORANDUM DATE: February 7 , 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer S(< SUBJECT: Resolution Authorizing Transfer of Unused Fund Balance Recommendation: It is recommended that the City Council approve the transfer of funds from the Infrastructure Construction Fund to the General Fund that were unused as part of the 2010 Capital Maintenance Building Plan Project. Background: In November of 2007, the Public Works Department presented a Capital Maintenance Building Plan (CMBP) for municipal public buildings assembled by Bonestroo Engineers and Architects. The plan detailed 18 years of maintenance and repairs that should be performed on public buildings and facilities to protect the City's investment in those assets. The first two years of projects (2008 and 2009) were funded by the Municipal Liquor and utility funds. The 2010 project was funded by the General Fund, utility funds and a federal energy grant. On June 14, 2010, the City Council transferred $115,900 of excess amounts required by cash flow needs from the General Fund to the Infrastructure Construction Fund for the 2010 project. The 2010 project is now complete and was completed under budget. The unused amount originally designated to be funded by the General Fund ($33,028.25) is recommended to be transferred back to the General Fund. Budget Issues: $33,028.05 would be transferred back to the General Fund. There are no further budget issues relative to this project. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements 6. We will encourage citywide environmental sustainability efforts Hission. Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER OF UNUSED FUND BALANCE WHEREAS, the Capital Maintenance Building Plan originally estimated needed funds totaling $148,500 for the work to be performed in 2010 by the Capital Improvements Plan adopted by the City Council on December 14, 2009; and WHEREAS, $115,900 was transferred from the General Fund to the Infrastructure Construction Fund on June 14, 2010, to fund a portion of the 2010 Capital Maintenance Building Plan Project; and WHEREAS, the 2010 Capital Maintenance Building Project is complete and the final expenditures amount to $129,189.52 and amended revenues are as follows: REVENUES Original Estimate As Final Infrastructure Construction Fund $115,900.00 $ 82,871.95 Sanitary Sewer Utility Fund $ 1,700.00 $ 6,555.58 Water Utility Fund $ 31,000.00 $ 35,007.49 Federal Energy Grant $ $ 4,754.50 Total Revenue $148,600.00 $129,189.52 WHEREAS, there are unspent, excess funds that were transferred from the General Fund to the Infrastructure Construction Fund for the 2010 Capital Maintenance Building Project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is hereby authorized to transfer unused funds from the Infrastructure Construction Fund to the General Fund in the amount of $33,028.25. February 13, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Item No. 6h i COUNCIL ITEM MEMORANDUM DATE: January 31, 2012 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: RESOLUTION APPROVING THE MEMO OF UNDERSTANDING FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 (POLICE COMMANDERS AND SERGEANTS) AND THE CITY OF BROOKLYN CENTER FOR 2012 INSURANCE CONTRIBUTIONS Recommendation: It is recommended that the City Council adopt resolution approving the memo of understanding between the City of Brooklyn Center and Law Enforcement Labor Services (LELS) Local 86 for 2012 insurance contributions. Background: The current contract with LELS 86 (Police Commanders and Sergeants) had a reopener clause for 2012 insurance contributions. The City and the Union have met and negotiated in good faith to reach a settlement on the 2012 insurance. This labor agreement covers nine employees. The attached memorandum of understanding has been approved by a vote of the members and upon adoption by the City Council will establish 2012 insurance contributions. The following Article is affected by these negotiations: Article 28 — Insurance Effective 1/1/12, the City will contribute payment of eight hundred ninety -nine dollars ($899) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. Effective 1 /1A2, the City will contribute payment of seven hundred fifty -four dollars ($754) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non -high deductible health plan. Budget Issues: The decrease in the City's insurance contribution from 2011 to 2012 ($71 /month) equals $7,668 if all employees elect a high deductible health plan. The approved 2012 budget appropriates sufficient funds to cover this expense. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources i� 1SSloll:. 'TfSltt'ilt�T flit attractive. dean, safe cotn£TTraidfy that Etnh aT£eav the quality of fljL and pre serves YtITc'public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO, RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 (POLICE COMMANDERS /SERGEANTS) AND THE CITY OF BROOKLYN CENTER FOR 2012 INSURANCE CONTRIBUTION WHEREAS, the City has negotiated in good faith with LELS Local 86 (Police Commanders /Sergeants) for a Memorandum of Understanding for health insurance contribution for 2012; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit "A" is a proposed Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached Memorandum of Understanding with LELS Local 86 (Police Commanders /Sergeants) effective January 1, 2012 - December 31, 2012 set forth as Exhibit "A" and the Mayor and City Manager are hereby authorized to execute the document on behalf of the City of Brooklyn Center. February 13, 2012 Date Mayor ATTEST: City Cleric 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. ti EXHIBIT "A" MEMORANDUM OF UNDERSTANDING Health Insurance Contribution The City of Brooklyn Center and LELS Local #86 (Police Commanders /Sergeants) are parties to a labor agreement. The City of Brooklyn Center and LELS Local 86 agree to amend Article 29 of the collective bargaining agreement and add the following language in regards to the city's insurance contribution for 2012. ARTICLE 28 - Insurance 28.1 2012 Frill -time employees Effective 1/1/12, the City will contribute payment of eight hundred ninety -nine dollars ($899) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. Effective 1/1/12, the City will contribute payment of seven hundred fifty -four dollars ($754) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non -high deductible health plan. The Memorandum of Understanding is in effect January 1, 2012 — December 31, 2012. This Memorandum of Understanding is entered into this day of , 2012. For the City of Brooklyn Center: For LELS Local 86: City Council Agenda Item No. 6i COUNCIL ITEM MEMORANDUM DATE: January 31, 2012 j TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: RESOLUTION APPROVING THE MEMO OF UNDERSTANDING FOR INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL 49 AND THE CITY OF BROOKLYN CENTER FOR 2012 INSURANCE CONTRIBUTIONS Recommendation: It is recommended that the City Council adopt resolution approving the memo of understanding between the City of Brooklyn Center and International Union of Operating Engineers (IUEO) Local 49 for 2012 insurance contributions. Background: The current contract with IUOE Local 49 (Public Works Maintenance) had a reopener clause for 2012 insurance contributions. The City and the Union have met and negotiated in good faith to reach a settlement on the 2012 insurance. This labor agreement covers 25 employees. The attached memorandum of understanding has been approved by a vote of the members and upon adoption by the City Council will establish 2012 insurance contributions. The following Article is affected by these negotiations: Article 25 — Insurance Effective 1/1/12, the City will contribute payment of eight hundred ninety -nine dollars ($899) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. Effective 1/1/12, the City will contribute payment of seven hundred fifty -four dollars ($754) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non -high deductible health plan Budget Issues: The decrease in the City's insurance contribution from 2011 to 2012 ($71 /month) equals $21,300 if all employees elect a high deductible health plan. The approved 2012 budget appropriates sufficient funds to cover this expense. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission Ensuring an attractive, dean, Safe C(rrr7t)Zunikv tha C1Z11tffrca the ljuedity ofjlfe rrrrtl prewr ves t1rL' publie tr ast Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL 49 PUBLIC WORKS MAINTENANCE AND THE CITY OF BROOKLYN CENTER FOR 2012 INSURANCE CONTRIBUTION WHEREAS, the City has negotiated in good faith with IUOE Local 49 (Public Works Maintenance) for a Memorandum of Understanding for health insurance contribution for 2012; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit "A" is a proposed Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves, the attached Memorandum of Understanding with IUOE Local 49 (Public Works Maintenance) effective January 1, 2012 -December 31, 2012, set forth as Exhibit "A" and the Mayor and City Manager are hereby authorized to execute the document on behalf of the City of Brooklyn Center. February 13, 2012 Date Mayor ATTEST: City Cleric 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. EXHIBIT "A" MEMORANDUM OF UNDERSTANDING Health Insurance Contribution The City of Brooklyn Center and lUOE Local #49 (Public Works Maintenance) are parties to a labor agreement. The City of Brooklyn Center and IUOE Local 49 agree to amend Article 25 of the collective bargaining agreement and add the following language in regards to the city's insurance contribution for 2012. ARTICLE 25 — Insurance 25.1 2012 Full -time employees Effective 1/1/12; the City will contribute payment of eight hundred ninety -nine dollars ($899) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. Effective 1/1/12, the City will contribute payment of seven hundred fifty -four dollars ($754) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non -high deductible health plan. The Memorandum of Understanding is in effect January 1, 2012 — December 31, 2012. This Memorandum of Understanding is entered into this day of , 2012. For the City of Brooklyn. Center: For LELS Local 86: City Council Agenda Item No. 6j COUNCIL ITEM MEMORANDUM DATE: February 13, 2012 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager /Director of Building & Community Standards SUBJECT: Resolution Calling for a Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs and Delinquent Weed Removal Costs. Recommendation: It is recommended that the City Council consider approval /adoption of the resolution ordering a public hearing for Monday, March 12, 2012 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon any objections to the proposed special assessments for diseased tree removal costs and delinquent weed removal accounts. Background: The attached resolution calls for a public hearing to receive public testimony and comments regarding the proposed special assessments for diseased tree removal and weed removal accounts. The special assessment amounts are specified in the attached preliminary assessment rolls. • All trees have been declared a public nuisance in past City Council resolutions, and the trees have been removed by the City's tree contractor in accordance with established policy. • Delinquent weed destruction account property owners have received notice of delinquent accounts in accordance with the established collection policy and have not made payment. At the scheduled public hearing, the City Council would consider adoption of the resolution to certify the special assessment levy rolls with Hennepin County. The 2012 interest rate for special assessments is six percent, as previously established by the Council. A copy of the special assessment pending levy roll is attached. Budget Issues: The proposed levy roll for diseased tree removal totals $24,997.59. The proposed levy roll for delinquent weed removal costs totals $52,884.85. Council Goals: Strategic: 1. We will ensure a safe and secure community 2. We will stabilize and improve residential neighborhoods Mission: Ensuring an attractive, clean, safe commnnio� that enhances the quality of life and preserves the public trust �I , Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND DELINQUENT WEED REMOVAL COSTS. WHEREAS, the City performs and incurs costs for certain neighborhood maintenance services to protect public health, safety and welfare; and WHEREAS, Minnesota Statutes Chapter 429, provides for a public hearing process to recover the costs through special assessments; and WHEREAS, the City has performed neighborhood maintenance services, billed the property owners, and has not been reimbursed by certain property owners; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. A hearing shall be held on the 12th day of March, 2012, in City Hall at 7 p.m. or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for the following charges: • Diseased Tree Removal Costs • Delinquent Weed Removal Costs 2. The City Clerk with the assistance of the Director of Building and Community Standards shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 3. The City Cleric is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn Center that this resolution shall be effective immediately. February 13, 2012 Date Mayor i ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i I CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota, will meet in the Council Chambers of Brooklyn Center City Hall at 6301 Shingle Creek Parkway, on Monday, March 12, 2012 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon any objections to the proposed assessments for the following: DISEASED TREE REMOVAL COSTS It is proposed to assess the cost of diseased tree removal to those tracts or parcels where trees were removed by written agreement with the property owner or by order of the City Council pursuant to City Ordinances, Section 20 -301 through 20 -305 and in accordance with MS 429. DELINQUENT WEED REMOVAL ACCOUNTS It is proposed to assess the cost of noxious weed destruction to those tracts or parcels where, pursuant to City Ordinance Section 19 -1601 through 19 -1604 and in accordance with MS 429, noxious weeds were destroyed by order of the City Weed Inspector and the cost for such destruction remains unpaid. PROCEDURAL INFORMATION FOR OBJECTIONS TO SPECIAL ASSESSMENTS An owner may appeal am assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment for a specific parcel of land may be made unless the owner has filed a written objection to that objection to that assessment, signed by the affected property owner, with the City Clerk prior to the hearing or has presented such a written objection to the presiding officer at the hearing. These assessments are now on file at City Hall and open to public inspection. Written or oral objections to the proposed assessments will be considered at this meeting, but the City Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. AUXILIARY AIDS AVAILABLE UPON REQUEST Auxiliary aids for persons with disabilities are available upon request at least 96 hours (4 days) in advance of the hearing. Please contact the City Clerk at 763 -569 -3300 to make arrangements. Sharon Knutson, City Clerk By order of the City Council City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: February 7, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson City Clerk SUBJECT: Resolution Expressing Recognition and Appreciation of Abiy Assefa for His Dedicated Public Service on the Shingle Creek and West Mississippi Watershed Management Commissions Recommendation: It is recommended that the City Council consider approval /adoption of a Resolution Expressing Recognition and Appreciation of Abiy Assefa for His Dedicated Public Service on the Shingle Creek and West Mississippi Watershed Management Commissions. Background: Abiy Assefa served as Brooklyn Center Alternate Commissioner on the Shingle Creek and West Mississippi Watershed Management Commissions from April 10, 2006, through January 31, 2012. Mayor Willson has requested that residents be recognized for their volunteer service by Council Resolution. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves thepublic trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. I RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ABIY ASSEFA FOR HIS DEDICATED PUBLIC SERVICE ON THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS WHEREAS, Abiy Assefa served as Brooklyn Center Alternate Commissioner on the Shingle Creek and West Mississippi Watershed Management Commissions from April 10, 2006, to January 31, 2012; and WHEREAS, he has made significant contributions toward the goal of the Shingle Creek and West Mississippi Watershed Management Commissions, which is to enhance the water quality of the water resources within the watersheds through public information and education, analysis of the causes of harmful impacts on the water resources, regulation of the use of water bodies and their beds, regulation of land use, and capital improvement projects; and WHEREAS, his leadership and expertise have been greatly appreciated by the Shingle Creek and West Mississippi Watershed Management Commissions; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Abiy Assefa is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. February 13, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM DATE: February 3, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Recognition and Appreciation of Kathy Flesher for over 42 Years of Dedicated Service to the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval /adoption of a resolution expressing recognition and appreciation for the efforts of Kathy Flesher and her forty two plus years of dedicated service to the City of Brooklyn Center. Background: Attached, please find a City Council Resolution expressing appreciation to Kathy Flesher for over forty two years of service to the City of Brooklyn Center. Kathy began her employment with the City of Brooklyn Center on August 25, 1969 and will retire on February 15, 2012. Kathy's efforts allowed for the development of many of the city's recreation programs and services. It is fitting that Kathy's four decade commitment and contribution to the City of Brooklyn Center is duly recognized. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders Mission: Ensuring an attractive, dean, safe eonununity that enhances the duality of life and preserves the public trust I 1 Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KATHY FLESHER FOR OVER 42 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Kathy began her employment with the City of Brooklyn Center as a Recreation Program Supervisor on August 25, 1969, and will retire on February 17, 2012, with more than 42 years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, Kathy Flesher has consistently provided the City of Brooklyn Center and its residents with exemplary service; and WHEREAS, Kathy Flesher was instrumental in the development of many of the City's recreation programs and services, including adult and senior programs, along with unique and lasting recreation offerings such as the Annual Holiday Bazaar and Craft Show and the Kids Shopping Korner; and WHEREAS, Kathy Flesher has coordinated efforts for City volunteers, the Adopt -A- Garden Program, the Silver Sneakers Program, the Step -to -it Challenge and many other efforts and many similar initiatives; and WHEREAS, Kathy Flesher has won numerous industry awards and served on state and national committee's with the Women in Leisure Services Association and the Minnesota Recreation and Parks Association; and WHEREAS, Kathy Flesher's nurturing spirit can best be exemplified by former program participants, growing to become part of her program staff and are now bringing their children to her programs; and WHEREAS, Kathy Flesher has performed her duties in exemplary fashion, assuring the best interests of the City and the citizens were well served; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism Kathy has displayed in discharging her duties; and WHEREAS, the City Council of the City of Brooklyn Center recognizes the positive impact Kathy has made on the City and its citizens. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon recommendation by the City Manager, that the dedicated public service of Kathy Flesher is duly recognized and appreciated by the City of Brooklyn Center. RESOLUTION NO. February 13, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 'i City Council Agenda Item No. 7c i i COUNCIL ITEM MEMORANDUM DATE: February 2, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Recognition and Appreciation of George Jennrich for over 17 Years of Dedicated Service to the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval /adoption of a resolution expressing recognition and appreciation for the efforts of George Jennrich and his over seventeen years of dedicated service to the Centerbrook Golf Couse and the City of Brooklyn Center. Background: Attached, please find a City Council Resolution expressing appreciation to George Jennrich for over seventeen years of service to the City of Brooklyn Center. George began his employment with the City of Brooklyn Center on August 1, 1994 and retired on February 1, 2012. His efforts allowed Centerbrook Golf Course to consistently enjoy a reputation as one of the best conditioned par -three golf courses in the state It is fitting that Georges commitment and contributions to Centerbrook Golf Course and the City of Brooklyn Center are duly recognized. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders tllission: Ensuring an attractive, clean,, safe comntnunity that enhances the quallir of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF GEORGE JENNRICH FOR OVER 17 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, George Jennrich began his employment with the City of Brooklyn Center on August 1, 1994 and retired on February 1, 2012, with more than 17 years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, George Jennrich has consistently provided the City of Brooklyn Center, Centerbrook Golf Course and its residents with exemplary service; and WHEREAS, George Jennrich's efforts allowed Centerbrook Golf Course to consistently enjoy a reputation as one of the best conditioned par -three golf courses in the state; and WHEREAS, George Jennrich was instrumental in maintaining course condition during a major stormwater improvement project; and WHEREAS, George Jennrich has assisted other city departments when they had turf related issues; and WHEREAS, George Jennrich has assisted other golf course Superintendents, as a result of his industry experience; and WHEREAS, George Jennrich has performed his duties in a professional manner, assuring the best interests of the City, Centerbrook Golf Course and the citizens were well served; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism George has displayed in discharging his duties; and WHEREAS, the City Council of the City of Brooklyn Center recognizes the positive impact George has made on the City and its citizens. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon recommendation by the City Manager, that the dedicated public service of George Jennrich is duly recognized and appreciated by the City of Brooklyn Center. February 13, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Item lido. 7d COUNCIL ITEM MEMORANDUM DATE: February 2, 2012 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION FROM DAVID GRASS IN SUPPORT OF THE CITIES HEALTH INSURANCE PROGRAM Recommendation: Staff recommends acceptance of this donation and asks that it be coded to an appropriate budget fund. Background: David Grass, a former city of Brooklyn Center employee, has presented to the City a donation of five hundred ninety -three dollars ($593.00). Mr. Grass has requested the donation be designated to an appropriate use. Budget Issues: None noted : vision. hnswing an altract7rt, dean, SafB c(tJN7Jil d7 v tlwt C'tEhane'e'v the qualiq of fif81'1nd p ?Xrewef`res the public taf t Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION FROM DAVID GRASS IN SUPPORT OF THE CITIES HEALTH INSURANCE PROGRAM WHEREAS, David Grass (former city of Brooklyn Center employee) has presented to the City a donation of five hundred ninety -three dollars, ($593), and asked that it be used for an appropriate use, and WHEREAS, the City Council is appreciative of this donation and commends former City employee David Grass for his civic efforts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding contribution budget. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7e i i COUNCIL ITEM MEMORANDUM DATE: February 2, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Report from Centennial Memorial Amphitheater Fundraising Committee Recommendation: It is recommended that the City Council accept the report from the Centennial Memorial Amphitheater Fundraising Committee. Background: i Members of the Centennial Memorial Amphitheater Fundraising Committee will be present at the meeting to update the City Council on its fundraising efforts to construct a memorial amphitheater in Centennial Park. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders `fission: Ensuring an attractive, clean, safe comununity that enhances the quality of life and preserves the public trust city of f DOM n EWE 19 11 -2011 �k twu REPORT TO THE BROOKLYN CENTER CITY COUNCIL TO: Mayor Tim Willson, Mayor City of Brooklyn Center Councilmember Carol Kleven Councilmember Kay Lasman Councilmember Lin Myskowski Councilmember Dan Ryan CC: City Manager Curt Boganey FROM: Brooklyn Center Centennial Amphitheater Fundraising Committee Dr. Duane Orn, Chair DATE: February 13, 2012 SUBJECT: First Annual Financial Report The Brooklyn Center Centennial Amphitheater Fundraising Committee herewith submits a report of the Amphitheater fundraising activities. If there is additional information that you would like to be provided, please do not hesitate to make that request. i 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 •763- 569 -3400 •bc100years.org ciu Ot a akI n ont 1911- 20117k On,, BrOONYA centa Alk C ini a memorial AMPNicater Report to Brooklyn Center City Council Amer- v� 4 . Y 7 ~ •Y s Z February 13, 2012 Brooklyn r Centennia Memodal Amphitheater I � As Brooklyn Center celebrated its 100 Year, we look toward how we can leave a visible reminder of our rich past, exciting present and a future filled with remarkable potential. We are excited to propose an Amphitheater with a design which will be appreciated and used by young and old for generations to come. This would be a place that sustains the memories and momentum created by . the Centennial Celebration. How will the Amphitheater serve the community of Broolyn Center? Seating area for up to 1,000 people Located on the SE corner of Brooklyn Center Centennial Park (formerly Central Park) Beautiful setting with trees, water fountain, flowers and children's play area Ideal location for: ® Veteran's Memorial activities © City- sponsored events Concerts & plays . Civic organization events y p r 'P ♦y '.4 � - - �-���' a . �+' °y .. -0 ' "' =.� '`5.n-- - �* -. 4 The City of Brooklyn Center is a municipal corporation. Contributions to the City of Brooklyn Center are tax - deductible under section 170(c)(1) of the Internal Revenue Code. 2 Rendition (Subject to change) rabkl n Center r . CIVIC & VETERANS MEMORIAL, AMPHITHEATER Dedicated to: o Veterans, past, present and future, whose sacrifice and dedication preserve our way of life 0 Civic organizations whose vision and momentum enrich this vibrant community • Businesses that make our community more livable • Municipal government public servants, elected, professional and citizen advisors o Volunteers and citizens of Brooklyn Center who have contributed to the rich history of this great City • Future generations who will live, work, play and thrive in Brooklyn Center This everlasting memorial is made possible by the generous contributions from the following benefactors whose collective investment has built this lasting tribute to honor the past, celebrate the present and imagine the future of Brooklyn Center. $100,000 or more Xxxxxxx $50,000 or more Xxxxx3x $25,000 or more Blumental's Architecture, Inc. Gatlin Development Company $10,000 or more Dale Greenwald North Memorial Health Center $5,000 or more Briggs & Morgan Kraus- Anderson Brooldyn Center American Legion Robert Marvin Brooklyn Center Lions Club Mid- America Real Estate -MN $2,500 or more Carson, Clelland & Schreder Kunley -Horn & Associates Kennedy & Graven, Chartered $1,000 or more Brooldyn Center Rotary Club Foundation Myma Kauth Brian Danielson Dr. Duane Om Collins Electric Park Dental Mavo Systems, Inc. Veit Companies $500 or more Brooklyn Center Business Association Earl & Rutltanne Simons Kay & Len Lasman a�- un�nra U, Dedicated on Day Month Year 3 I 1% LA C ENTER i .uh)(JIST UPDAT& AMPHITHEATER REVENUES AND EXPENSES REVENUES - In -Kind Blurmentals $30,000.00 Robert Marvin $5,000.00 $35,000.00 REVENUES - Donation/Pledge Gatlin Development Company $25,000.00 Dale Greenwald $10,000.00 North Memorial Health Care $10,000.00 Brooklyn Center American Legion $5,000.00 Brooklyn Center Lions Club $5,000.00 Mid- America Real Estate -MN $5,000.00 Briggs & Morgan $5,000.00 Kraus - Anderson $5,000.00 Kennedy & Graven $2,500.00 Kimley -Horn and Associates $2,500.00 Carson, Clelland & Schreder $2,500.00 Dr. Duane Om $2,000.00 Mavo Systems, Inc. $1,500.00 Collins Electric $1,500.00 Veit Companies $1,500.00 Online Auction $1,265.43 Myrna Kauth $1,000.00 Brian Danielson $1,000.00 Brooklyn Center Rotary $1,000.00 Park Dental $1,000.00 Brooklyn Center Business Association $550.00 Kay & Len Lasman $500.00 Earl & Ruthanne Simons $500.00 Brooklyn Center Lioness Club $100.00 Architectural Consortium $100.00 Brick Sales Net $3,039.94 $94,055.37 Total Revenues $129,055.37 EXPENSES Construction Estimate Building $240,470.00 General Requirements /overhead $24,800.00 Contigency $10,610.00 $275,880.00 Professional Services for Design, Construction Docruments, Bidding & Construction Estimate Architecture $46,870.00 Structural Engineering $5,000.00 Electrical Engineering $5,000.00 Acoustics $2250:00 $59,120.00 Total Expenses $335,000.00 4 OMAL AMPHITHEATER I F V P AR BRICK PAVER SALES REVENUE 4 of Bricks Cost Total 17 $250.00 $4,250.00 EXPENSES # of Bricks Cost Total 17 $71.18 $1,210.06 $3 " - J,5, 0 00 i $ 1 9 a n 05 _0 i i �. 5 i CONTRIBUTOR PLEDGE RECEIVED Gatlin Development Company' $25,000 Dale Greenwald $10,000 $5,000 North Memorial Health Care $10,000 $5,000 Brooklyn Center American Legion $5,000 $2,500 Brooklyn Center Lions Club $5,000 Mid - America Real Estate-W" $5,000 ev Briggs & Morgan* $5,000 f,. Left to right are: Mike Sims, Mid - America Kraus - Anderson* $5,000 Real Estate Group Principal; Frank Gatlin I1I, Gatlin Development Company Chief Kennedy & Graven $2,500 $1,250 Executive Officer; Brooklyn Center Mayor Thu Willson; Keith Lester, Chair of Kimley -Horn and Associates $2,500 Centennial Conunittee; Will Matzek, Khnley -Horn & Associates. Collins Electric* $1,500 Presentation of checks for Amphitheater. Mavo Systems, Inca $1,500 Veit Companies* $1,500 Carson, Clelland & Schreder $2,500 $1,250 Dr. Duane Orn $2,000 Myrna Kauth $1,000 _ Brian Danielson $1,000 ' f,). Park Dental $1,000 Brooklyn Center Rotary Club $1,000 - Left to right: Dr. Duane Om, Chairman; Janelle Meyers, Brooklyn Center Brooklyn Center Business Association $550 Business Association presenting check. Kay & Len Lasman $500 Earl & Ruthanne Simons $500 Brooklyn Center Lioness Club $100 Architectural Consortium* $100 Total $30,000 $74,750 -Donation received at Shingle Creels Crossing groundbreaking ceremony. 6 Q BUID REP ORT w � A Cl a BUDGET REPORT Acct. Original Revised Revenues as of Balance to be ## Budget Budget 18 January 2012 Raised 400 Donations - 7,0 9,_ 117.55 (2 401 Opening Deposit - - 100.00 (100.00) 450 City Contributions - 19 19,831.29 (0.29) 490 Merchandise Sales - 2000.00 1 204.60 Revenues: - 28 831.00 30 844.24 (2 Original Revised Spent as of Remaining Budget Budget 18 January 2012 Budget 610 Design Costs 21600.00 4,410.66 5,263.64 (852.98) 601 Opening Deposit Refund 100.00 (100.00) 690 Memorabilia 3,931.00 6,000.00 5,467.88 532:12 611 Professional Printing 21000.00 2,000.00 3 (1,710.72) 612 In -House Copies 300.00 300.00 - 300.00 613 Supplies 800.00 1 842.46 357.54 616 Mailing & Postage 200.00 - 7.80 (7.80) 614 Advertising - 2,000.00 - 2,000.00 615 Fundraising - 500.00 246.75 253.25 620 Amphitheater - 1 1,000.00 - 670 BC All School Reunion - - 2 (2,960.65) 680 Events _ 11,420.34 9,591.11 1 Expenditures: 9 28 831.00 29 191.01 360.01 Remaining Funds: 1 .Composition of Remaining Funds: BC All School Reunion 835.35 General Centennial Operations 817.88 1,653.23 AMPHITHEATER FUND Amphitheater Cash at 18 January 2012 420 Brick Sales (1 0) 2 420 Amphitheater Donations 73,755.00. 421 Auction Proceeds ** 11265.43 420 Committee Contribution 1,0Q0.00 Amphitheater Fund Cash 78,527.93 As submitted by Director of Finance i MEMORIAL AMPHITHEATER IFLAZA OF HONOR AN I Brick P avers As part of the proposed Amphitheater, brick pavers are being sold for the Plaza of Honor to be located in an area near the Amphitheater. A purchase of $250.00 ensures a personalized, engraved brick paver 4" x 8" permanently laid as a part of the Plaza of Honor. These brick pavers are Calstar (Fly Ash) in a grayish tone and look like a typical outdoor brick. The message can be a maximum of 45 characters or spaces. .� " ,�_ -- � -� � ,fir'" I, � } y , wa .2. Fy.�L4 �, ^ •a �l � d 4. I` �/ r � 4Q 1 y rI 4�. BROOKLYN CENTER _.;_ ,• CENTENNIAL - MEMORIAL Architect's concept of the Memorial Amphitheater Brooklyn Center Centennial Park The City of Brooklyn Center is a municipal corporation. Contributions, including brick pavers, to the City of Brooklyn Center are tax - deductible under section 170(c)(1) of the Internal Revenue Code. Dr. Duane Om, Chairman Myrna Kauth, Mayor - 1/1/1995 to 12/31/2006 Phil Cohen, Mayor - 1/1/1966 to 12/31/1977 Sue LaCrosse, Staff Liaison Jeff Delzer Keith Lester, Ex Officio - Centennial Chair Brett Hildreth, Dragon Property Management Sue Low, Allegra Print & Imaging Sharon Kephart, Kids For A Better World, Inc. Earl Simons, Brooklyn Center Lions Club ookl entet�n „* hat . Brooklyq Certber l C�qt;�qqi� fqerqor*lal (jit;keat;er Report to Brooklyn Center Cit y Council b I I February 13, 2012 CEQTEQQIfIL f11611OPKIL How the Amphitheater will serve the community of Brooklyn Center • Seating area for up to 1,000 people • Located on the SE corner of Centennial Park • Beautiful setting with water fountain, flowers and children's play area Ideal location for • Veteran's Memorial activities • Concerts & plays • City-sponsored events • Civic organization events 1F All� IEEE The City of Brooklyn Center is a municipal corporation. Contributions to the City of Brooklyn Center are tax-deductible under section 170(c)( 1 ) of the Internal Revenue Code. 'I (ZEfIDITIOQ OF • PLfjqUE FOP Rrndition(Stbject to change) j n t CIVIC&VETERANS MEMORIAL AMPHITHEATER Dedicated to: Veterans,past,present and future,whose sacrifice and dedication preserve otr way of life Civic organisations whose vision and momentum enrich this vibrant community • Businesses that make cur community e munity mo livable • Mtmicipal govt-ni nt public servants,elected,professional and cdizrn advisors • Volunteers and citizens of Brooklyn Center who have contributed to the rich history of this great Citv • Future generations who will live,work play and thrive in Brooklyn Center This everlasting memorial is made possible by the generous contributions from the following benefactors whose collective investment has built this lasting tribute to honor the past,celebrate the present and imagine the future of Brooklyn Center. $100,000 or more Ksx�Yxx 550,000 or more XxmxxXY 525,000 or more Blumental's Architecture,Inc. Gatlin Development Company 510,000 or more Dale Greenwald North Memorial Health Center 551000 or more Briggs&Morgan Kraus-Anderson Brooklyn Center American Legion Robert Marvin Brooklyn Center Lions Club Mid-America Real Estate-MN 52,500 or more Carson Clelland&Schredcr Kindey-Horn&Associates Kennedy g Graven Chartered 51,000 or more Brooklyn Center Rotary Club Foundation Mymn Kauth Brian Danielson Dr.Duane Om Collins Electric Park Dental Mavo Systems,Inc. Veit Comparries $500 or more Brooklyn Center Business Association Earl&Rinharme Simons Kay @ Lcn Lamm aFUinaaat �' Dedicated on Dav Month Year REVENUES-In-Kind Bhtntenta h $30.000.00 Robert Manvt S5.000.00 535.000.00 REVENUES-Donation/fledge Gamin Development Contpam S25.000.00 Dale Greenwald SI0.000.00 North\tentorial Heaklt Care SI0.000.00 Brookh n Center Annerkan Legion S5.000.00 Brookh'n Center Lints Club SM00.00 slid-America Real Estate-\IN 55.000.00 Briggs&Morgan S5.000.00 Krim-Anderson 55.000.00 Kennedy C Graven 5,500.00 Kintlew-Han and Associates 52.500.00 Carson.CkOand&Sehreder 5=500.00 Dr.Duane Onn S2.000.00 \taco Systems.Inc. 51.500.00 Collets Electric 51.500.00 Veit Companies 51.500.00 Online Auction 51.265.43 %I%ma Kauth 51.000.00 Brian Danielson S1.000.00 BrooU:n Center Rain 51.000.00 Park Dental SI.000.00 Brooklyn Center Business Associatim 5550.00 Ka% R Len Lasnran 5-100.00 Earl S.Ruthanne Senons 5500.00 Brookh n Center Lianess Chi, 5100.00 Architectural Coacortaun 5100.00 Brick Saks Net 53.039.94 S94.055.3" Total Revenues 512 9.055.3' EXTENSES Construction Estimate Build n'2 5240.4-0.00 General Requirements rn erhead S24.800.00 Cattigencp SI0.610.00 S2"5.880.00 Protes,wxial Services for Design.Caxtnrtiat Documents.Bidden¢R Constntctian Estivate Architecture 546.8 70.00 Stntctmal Engineering 55.000.00 Electrical En_gmeereng S5.000.00 Acoustics S2.250.00 $59.120.00 Total Expenses S335,000.00 REVENUE of Brick-, Cost Total 17 520.00 $3?50.00 EXPENSES of Bricks Cost Total 1 Si1.18 51210.06 -- $335,000 $129,055 . $0 PLEDGE/DOQ(ITIOQ CONTRIBUTOR PLEDGE RECEIVED Gatlin Development Company* $25,000 Dale Greenwald $10,000 $5,000 North Memorial Health Care $10,000 $5,000 Brooklyn Center American Legion $5,000 $2,500 Brooklyn Center Lions Club $5,000 Mid-America Real Estate-MN* $5,000 Briggs&Morgan* $5,000 Kraus-Anderson* $5,000 Kennedy&Graven $2,500 $1,250 Kimley-Horn and Associates* $2,500 Collins Electric* $1,500 Mavo Systems,Inc.* $1,500 Veit Companies* $1,500 Carson,Clelland&Schreder $2,500 $1,250 Dr.Duane Orn $2,000 Myrna Kauth $1,000 Brian Danielson $1,000 Park Dental $1,000 Brooklyn Center Rotary Club $1,000 Brooklyn Center Business Association $550 Kay&Len Lasman $500 Earl&Ruthann Simons $500 Brooklyn Center Lioness Club $100 Architectural Consortium* $100 Total $30,000 $74,750 i / • • ' • • 2889 oATE �Ctabrr j oZL1r f 7ras,� 7r lo� O r"'^� l�roaKl ,/ Comm. P nd 7110r, Aft?D 4 ,�^ OQLLARS �:Q9d7654?r?r; 12343l,7d i-1--Jt4eCf,n !/l�t!'�L,/' I eL�rs��.oeG i �s Left to right: Dr. Duane Orn, Amphitheater Chairman; Janelle Meyers, Brooklyn Center Business Association • • I CEf2EfqOQU PRU • OF FOR (IfIlPFLITFIE(ITEP !kt' a k. 4iy da �n � say• }� ky 4 l { r a Left to right : Mike Sims, Mid-America Real Estate Group Principal; Frank Gatlin III, Gatlin Development Company Chief Executive Officer; Brooklyn Center Mayor Tim Willson; Keith Lester, Chair of Centennial Committee; Will Matzek, Kimley-Horn & Associates CEQTEQRIfIL r • BUDGET REPOQT i Jaquary 2012 BUDGET REPORT Acct. Original Revised Revenues as of Balance to be # Budget Budget 18 January 2012 Raised 400 Donations 7,000.00 9,117.55 (2,117.55) 401 Opening Deposit - 100.00 (100.00) 450 City Contributions 19,831.00 19,831.29 (0.29) 490 Merchandise Sales 2,000.00 1,795.40 204.60 Revenues: 28 831.00 30 844.24 (2,013.24) Original Revised Spent as of Remaining Budget Budget 18 January 2012 Budget 610 Design Costs 2,600.00 4,410.66 5,263.64 (852.98) 601 Opening Deposit Refund - - 100.00 (100.00) 690 Memorabilia 3,931.00 6,000.00 5,467.88 532.12 611 Professional Printing 2,000.00 2,000.00 3,710.72 (1,710.72) 612 In-House Copies 300.00 300.00 - 300.00 613 Supplies 800.00 1,200.00 842.46 357.54 616 Mailing&Postage 200.00 - 7.80 (7.80) 614 Advertising - 2,000.00 - 2,000.00 615 Fundraising 500.00 246.75 253.25 620 Amphitheater 1,000.00 1,000.00 - 670 BC All School Reunion - 2,960.65 (2,960.65) 680 Events 11,420.34 9,591.11 1,829.23 Expenditures: 9,831.00 28 831.00 29 191.01 360.01 I Remaining Funds: - 1653.23 Composition of Remaining Funds: BC All School Reunion 835.35 General Centennial Operations 817.88 1,653.23 AMPHITHEATER FUND Amphitheater Cash at 18 January 2012 420 Brick Sales(10) 2,507.50 420 Amphitheater Donations 73,755.00 421 Auction Proceeds** 1,265.43 420 Committee Contribution 11000.00 Amphitheater Fund Cash 78 527.93 As submitted by Director of Finance njEfTt0P1fjL OF • • • $250 ensures a personalized, engraved brick paver 4" x 8" • Made of Calstar (Fly Ash) in a grayish tone • Look like a typical outdoor brick • Message can be a maximum of 45 characters or spaces 4 BROOKLYN CENTER CENTENNIAL MEMORIAL Architect's concept of the Memorial Amphitheater Brooklyn Center Centennial Park DEJIGf�f�TED f�REf� REJERVED FOR THE CEf�TEn(�f�l mEmORlf�l BRICK If�JT(�llt�TlOn 0 - o • rrrr O rr�i�rrrrr rrrrrrr��rr��rrr rrrrr►rrrrrrrr��i�rrrr�i r�rr� O rrrrr��rr rrrrrrr�� r11 rr� rrrr�r�rr • rr��rrr rr�rirr r���� rr��� rrri�i - rig ►�rir r�ir��i rri�i�r�rrr�i�i rr rrrr rrrrrrrr►rrirrrrrrrrri rrrr rrrrrirrrryrrrirrirr rrrr rrrr rrrr rrr �irir rrirrrr r�r�irrr��ri� rriir r��iirr� rrriirr r rrrrr r •��� rrrr rr�r�rrrrrrr�irr�rirr rr rr rrrr rrirr prrrrrrrr�irr��rrrroii r�iiiiiiirrrriir ��r r�r rrrr rrrr rrrr r�rrrr viii rrrrrrrorr�iii �riru�rr rrrrrr�irrr r rrirrrrriigiiirr�rl Blumental� /Architecture Inc BROOKLYN CENTER CENTENNIAL MEMORIAL AMPHMiEATER JenM 61 OMO IL 200 mwl.-^"SU14 4/28/2011 BROOKLYN CENTR,MN e e fjfTjPFj1TFLEfjTEQ FUqDQ(j1f 1QG COnIfrLITTEE • Dr. Duane Orn, Amphitheater Chairman • Phil Cohen, Mayor - 1/1/1966 to 12/31/1977 • Jeff Delzer • Brett Hildreth, Dragon Property Management • Sharon Kephart, Kids For A Better World, Inc. • Myrna Kauth, Mayor - 1/1/1995 to 12/31/2006 • Sue LaCrosse, Staff Liaison • Keith Lester, Ex Officio - Centennial Chair • Sue Low, Allegra Print & Imaging • Earl Simons, Brooklyn Center Lions Club u4DU City Council Agenda Item No. 8a I COUNCIL ITEM MEMORANDUM DATE: February 13, 2012 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager /Director of Building and Community Standards SUBJECT: Public Hearing on Proposed Use of 2012 Community Development Block Grant Funds and Resolution Approving Projected Use of Funds for 2012 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements. Recommendation: It is recommended that the City Council consider approval /adoption of Resolution Approving Use of Funds for 2012 Urban Hennepin County Community Development Block Grant Program, Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements. Background: 2012 CDBG Allocation Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County Community Development Block Grant (CDBG) program. With CDBG, federal dollars from the Department of Housing and Urban Development (HUD) are awarded to Hennepin County and are allocated to participating cities on a formula basis. Federal CDBG Statutory Requirements The federal authorizing statute for the CDBG program requires that each funded CDBG activity meet one of three national objectives: 1. Benefiting low income persons 2. Preventing or eliminating slums and /or blight 3. Meeting urgent community needs. The federal statute also specifies 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. Based on the 2012 CDBG allocation of $211,641, meeting the 70 percent requirement means that $148,148.7 of the total allocation must be expended on programs and services directly benefiting low income persons. Low income persons are defined as persons with incomes ranging from 30 to 50 percent (very low income) to 80 percent (low income) of the median household income in Mission: Ensuring an attractive, clean, safe cormruniol that enhances the qualify of life and preserves the public trust COUNCIL ITEM MEMORANDUM the Minneapolis /St. Paul metropolitan area as defined by HUD. Currently, the median household income level is $83,900 for a family of four. History of CDBG Allocation Summary of 2010 CDBG Allocations The following summary represents the City's 2010 CDBG allocation of the total $203,588: • Senior Community Services Household Outside Maintenance for the Elderly (H.O.M.E.) program -- $15,150 • Community Emergency Assistance Program Senior Services program -- $9,410 • Neighborhood Stabilization/Code Enforcement program -- $151,001.83 • HOME Line's Tenant Advocacy -- $3,785 • Housing Rehabilitation ( Rehabilitation of Private Property) -- $24,241.17 Summary of 2011 CDBG Allocations The following summary represents the City's 2011 CDBG allocation of the total $171,014: • Senior Community Services Household Outside Maintenance for the Elderly (H.O.M.E.) program -- $11,760 • Community Emergency Assistance Program Senior Services program -- $8,400 • Neighborhood Stabilization/Code Enforcement program -- $126,000 • HOME Line's Tenant Advocacy -- $5,460 • Housing Rehabilitation ( Rehabilitation of Private Property) -- $19,394 2012 CDBG Applicants • Senior Community Services' Household outside Maintenance for the Elderly (H.O.M.E.) program 2012 request is $15,000 to continue the H.O.M.E. Program in Brooklyn Center. Details of Senior Community Services H.O.M.E. Program are provided in their attached "2012 CDBG Request for Funding" form. This program has been part of the City's CDBG program for 17 years. • Community Emergency Assistance Program (LEAP) 2012 request is $15,000 to continue the Senior Services Program in Brooklyn Center, including Meals on Wheels. Details on the CEAP Senior Services Program are provided in their attached "2012 CDBG Request for Funding" form. This program has been part of the City's CDBG program for 12 years. • HOME Line Tenant Advocacy Services request is for $7,968 to provide funding for HOME Line's Tenant Advocacy Services Program. Details on HOME Line's request are provided in their attached "2012 CDBG Request for Funding" form. 2012 would be the fourth year of funding for this program. Mission: Ensuring an attractive, clean, safe commutio that enhances the gualiop of life andpreserves thepublic trust COUNCIL ITEM MEMORANDUM • City of Brooklyn Center Neighborhood Stabilization/ Code Enforcement Program request is $150,000 to address foreclosed and vacant properties and arrest the decline of neighborhoods in the City. Details on the CDBG Code Enforcement activity are provided in the attached "2012 Request for Funding" form. This would be the fourth year of funding for the code enforcement activity. • Home Rehabilitation Program (Rehabilitation of Private Property). If the City Code Enforcement Program is approved and the maximum public service amount of 15% is awarded to any or all of the public service requests (Senior Community Services, CEAP and HOME Line) there would be $29,896 available to allocate to this program from the 2011 preliminary CDBG allocation. This amount would be used to address emergency items such as furnace replacement, water and sewer service repair, etc. The Home Rehabilitation program has been part of the City's CDBG program since CDBG was first created in the mid 1970's. CDBG ADMINISTRATIVE REQUIREMENTS • Pursuant to federal program requirements, each city receiving a CDBG allocation from the Urban Hennepin County CDBG program is limited to a 15 percent cap on public service projects. The H.O.M.E. Program (Senior Community Services), Senior Services Program (CEAP) and the HOME Line Tenant Advocacy Program are categorized as public service projects. Based on the allocation for 2012, the maximum amount of CDBG funds that can be allocated to public service activities is $31,745 or 15% of the City's 2012 CDBG allocation. The 15% cap on public service is a CDBG statutory requirement. • Hennepin County has indicated that no more than three activities should be undertaken in each city receiving CDBG funds and that each activity should have a budget of at least $7,500. This is not a statutory requirement and the county has indicated in their CDBG guidelines that, with regard to the $7,500 amount, "when funds are committed by other cities to carry out a single activity of mutual interest, these limits do not apply ". The H.O.M.E. Program (Senior Community Services) and HOME Line are considered multi - city activities or county wide activities. • CDBG activities must address a high priority need according to the County's Consolidated Plan for affordable housing, community development and human services. Cities funding activities that are not high priorities under the consolidated plan must explain why the project is needed in their city. All requests for CDBG funding.received for 2012 CDBG funds are categorized by Hennepin County as high priorities for 2012. PUBLIC HEARING AND RESOLUTION The attached public hearing notice was published in the February 2, 2012 edition of the Brooklyn Center Post. Hennepin County requires a public hearing be held on the use of CDBG funds and that the 2011 CDBG programs must be submitted to Hennepin County by February 24, 2012. A resolution approving the 2012 CDBG program has been prepared for City Council's Mission: Ensuring an attractive, clean, safe comnumity that enhances the quality of life and preserves tee public trust i , COUNCIL ITEM MEMORANDUM consideration. Funding for the 2012 CDBG program would be made available by July 1, 2012 and CDBG funds must be spent no later than December 31, 2013 (within 18 months). The resolution included with this memorandum also authorizes signature of the Subrecipient Agreement, which is the agreement between Hennepin County and the City of Brooklyn Center relative to CDBG funds. It also authorizes any third party agreements that would be executed between the city and third party vendors such as Senior Community Services the Community Emergency Assistance Program (CEAP) and HOME Line. These agreements are standardized agreements developed by Hennepin County and will be submitted after approval of the City's 2012 CDBG program. Representatives from Senior Community Services, CEAP and HOME Line have been notified of the public hearing. RECOMMENDATIONS FOR 2012 CDBG ALLOCATIONS Total preliminary 2012 City Allocation for CDBG Program Year 2012 (July 1, 2012 through December 31, 2013) is $211,641. Staff is recommending the following program/activity allocations for Program Year 2012: CDBG Activity Requested Amount Recommended Amount Senior Community Services $15,000 $14,600 H.O.M.E. Program CEAP Senior Service Program $15,000 $10,470 City of Brooklyn Center $150,000 $150,000 Neighborhood Stabilization/ Code Enforcement HOME Line Tenant Advocacy $7,968 $6,670 Program Home Rehabilitation Program $23,088 $29,901 TOTAL $211,641 Budget Issues: There are no direct municipal budget issues. CDBG funds are exclusively federal dollars. Council Goals: 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 community that enhances the quality) of life andpreserves thepublic trust COUNCIL ITEM MEMORANDUM Attachments: Attachment I — Resolution Attachment II — Funding History Attachment III — Homeline Application and 2011 Report Attachment IV — CEAP Application Attachment V — Home Application Attachment V — Code Enforcement Application Attachment VI — County CDBG Fund Memo Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Attachment I - Resolution Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the city held a public hearing on February 13, 2012 to obtain the view of citizens on housing and community development needs and priorities and the City's proposed use of $211,641 from the 2012 Urban Hennepin County Community Development Block Grant; and WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is a subrecipient community in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, pursuant to the Subrecipient Agreement between the City of Brooklyn Center and Hennepin County, the city agrees to assume certain responsibilities for the utilization of Community Development Block Grant funds; and WHEREAS, a notice to solicit public comment was published and comments were solicited for a period of 10 days, ending on February 10, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it approves the following projects for funding fiom the Urban Hennepin County CDBG Program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2012 Urban Hennepin County Community Development Block Grant Program. Project Budget Household and Outside Maintenance for the Elderly $ 14,600 CEAP Senior Services $ 10,470 i Homeline Tenant Advocacy Program $ 6,670 City of Brooklyn Center Neighborhood Stabilization Code Enforcement Activity $ 150,000 Home Rehabilitation Program (Rehabilitation of Private Property) $ 29,901 BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2012 CDBG Program. BE IT FURTHER RESOLVED, that should the final amount of FY2012 CDBG available to the city be different from the amount provided to the city, the City Council hereby authorizes the City Manager to adjust project budget(s) to reflect an increase or decrease in funding. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I Attachment 11 - Funding History Community Development Block Grant Program (CDBG) (Updated Feb 2012) m e e i I 'a $211,b41 2011 -25 $203,588 $170,294 $14,000 $10,000 $6,500 $150,000 $23,088 2010 -41 $171,014 $186,965 ;$15,150 $9,410 $3,785 $150,000 $10,620 2009 -37 $188,965 $186,215 $15,148 $9,284 $3,500 $150,000 $8,283 2008 -15 $186 $17,31,8 $10,614 $50,000 Amended $158,283 Amended' $108,283 2008 -27 $195,019 $18,135 $11,115 $165,769 2006 -16 $195,019 $18,135 $11 ; 115 $165,769. 2005-38 $19 9,764 $18,480 $1 1,340 $169,944 2004 -29 $ 239,0 2 9 $22,000 $13,500 - $ 2003 -35 $234,516 $22,000 $13,000 $24,516 $175,006 2002 -32 .$234;516 $22,000 $13,000 424;516 - $175,000 Attachment III — Homeline Application and 2011 Report HOM P Dit -actor ofEwiness c€ Da lopment City ofEroallyn Cent' 6301 Shinw-le GfeA Boulevard Broc1lLm Centef, NV 55430 7�.uaty 3 3 2012 ', LN. ldr. Eit.1; 'I"? is IAm is to request funding in the amount of 57,968 from tha City ofBrooklyn Centes'a Commmity Develop uea Bloc: Grant Ptogram to suppert HOME Linea services far ten tefs. A copy of the 2012 CDEC- Program Rego est for Funding is enclosed. ,Along , ;x itt: the CDBG Reque3t j Form, I am ez clo3ing a summary of out hotline's service to Eroollcx Canter fesidents. Included in this information is the continuing pfoblemof1 =fiord fofeclosuses affecting renters in BfoaklynCenter. 'Mofe than 23% ofouresllen from Brooklyn Center, (52 families in2011)&:e critical housing situations invohing lsz -dlxd -- in fof?closur?. K?aping mtea in th-eirbomes hat only b-m--fits theme fmiliei who have done nothing z ;rokg, but also 1`----ps homes Occupied longef preventinp hausas from bang v s ated unne-cessarily, thus (educing the citie3 bwden of desling frith vacant pfomie3. HO3IE Line is building upon o= depth of exp-f once in sen ing Bfooklyn Cent --. We are x oshing to meet csrent ch atl eas faring lour income rimten and would like the City of Brooklyn Gentef to continua as out paru-af in meeting these x--- W`4 than}: you for the oppvturity to submit this appli ation. If you have any questions of nand ad information, pleats call me at 61V -5770, extension 107 or Mike Vra& ousmanazing attom -n at - teasion 113. Sincerely, Beth Kodluboy ExA.cutive Dir -amor ewj.p sy4gA,ats noted 2012 III BA HENT COUNTY CDBG PROGRAM REQUEST FOR FUNTDLN1 LYUI,ableforrn Use oneform. per project) A. GEINMAL WFORALAMON 1. City: Bro oklyn Center 2. Project Name: HOINME Line's Tenant Advocacy Services Priman Contact Pers onl Phone No..Emaill%fike Vraa, 612 728-5770 x 113, mikev@homelinemn. or B. PROJECT DATA 1. CDBG Funding Requested S 7 (needs to be same as council resolution) 2. Is this an existineCDBG-funded project? MYes 13 3. Project Location: 34-i5BloominEtonA% HONIELine's tenant services are cihwAde. Tenants call our free hotline from their homes. 4. Project Description: (Describe the project in as much detail as possible, including.the local nee8(s) the project will address.) Renters make up nearly 3,756 households in Bro oklyn Center. and many o the se families have low incomes. When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose security8eposits that are rightfully theirs, or make decisions that cost them their home. HONE Line provides renters with the tools necessary to keep their homes safe and affordable. HOME Line's Tenant Hotline provides free legal advice to tenants about landlorcUtenant law. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducin--the use of the city's emergency resources. The Tenant Hotline Services began in 1992 as as ervic-e to Suburban Hennepin County residents. Today we serve the entire state and have recently taken our 13 6.000th call. Four staff attorneys and a tenant advocate work full time on the hotline alonEwith 75-100 lav; student volunteers each year. Brooklyn Center has act ounted for 4.4 87 calls since 1992. Our Tenant Hotline Services to Brooklyn Centerhave helped save tenants at least 532,045 this vear alone. We have also helped to prevent the eviction of 20 Brooklyn Center families. Last veer alone �.-e advis e8 217 renter households fromBrooklyn Center. The most common reasons Brooklyn Center residents call our hotline are: evictions, repairs. and infestations. The need for this s in Brooklyn Center is apparent -- Bra oklN n Center residents alreadyrely on this valuable service. Tenants livine in rental units (usually sinele- family hors orduplexes) have been encountering an ongoing problem in Brooklyn Center. the landlord being foreclo s ed on. This year it was the fourth most common reason tenants called us fromBrooklyn Center, Typically, the tenant has done nothingvgongand is usually current on their rent xhen they are served , .with anotice of an impending sheriff s sale (usuallywithin 2 -3 Nveeks). Faced with this information, manyrenters simply vacate the rental unit. The lain. however, probablrallows them to sta in the home for 6- 9 months following the sheriff's sale. Since 2005, HO.\ME Line's phone number has been included in all foreclosure notices and briefly explains renter's rights in these situations. The difference between leaving in 3 weeks or havingan additional 6 to 9 months to find suitable new housine cannot beoverstate -d people find adequate and livable new housing (and mayhave enough time to actually buy a home if they ate on a homeownership track) and their kids maybe able to complete their school year. - Our primary objective w -ith renters facing foreclosures is to provide information and advice. Once the tenant understands they don't have to leas =e prior to the sale, they can plan their lives accordingly instead of racing to vacate in three weeks into a less than ideal housing situation. Th goal is to make sure as mangy; tenants know this as possible. HOME Line expects to serve 10 renter households in foreclosure situations in Brookln Center in the next year. In- 1, we helped 11 renter households in Brooklyn Center facing foreclosure issues. By offering free tenanthotline services, HOME Line has been providing needed services for those most vulnerable. While our services are available to all renters free of charge, 9S% of our Brooklyn Canter callers have low incomes: (72 a so) of these callers are women; 70% are racial minorities. Our programs are aimed at low- income renters. W e identif�T the key demographics at the beginning of each call. 5. Consolidated Plan Priorities: Usine the Priori by Summary chart below, identify "V -hat priority(ies) the projec will meet. (`Ore:.(faproposed'project is a 101i Urban county prioriV, you mu.:t explain w7iLy it has a highsrprio)I in j ivurcominuniv..) �riurrtie� �_ [ 7�-#a�arlc�fe Rental Housing Existing Hou sine (Rehabilitation) } First Time Homeownership Homelessness l,v Special bleeds Housing �= Public Service .X Neighborhood Revitalization" i I Transportation Servic-es 6. Describe anticipated resultslaccomplishments the project will have. (numberof persons to receive zei ices, numberof gf'ordable Dousing unitsro be rehabiliraredorbuil sic.) NVe anticipate assisting approximate 210 Brooklyn CA-nter renter households over the hotline during the program year, savinetenants $30,000 dollars in rent abatements and security deposits preventine20 evictions and assisting 10 tenants facing landlord foreclosure. Also seethe attached one -page sheet which covers what HOME Line has accomplished in Brooklyn Center in the past. ?. Implementation Schedule: (Idemtti mgjo)-projecr to occua-dur-bige tiritliin tlis fist 12 months ofthe IS mronth expenditureperiod. Expenditure periodbegins July 1, 2412 and ends December 31, 2013.) Task: Tenant Hotline Senyices Date: Ongoing S. Budget: (Sped{. rotalp)-ojscr budgetk,. tngjom,fundingsour-ces. ,#ttach additional hs rings inhere uppropr iore.) F µ MY SOURCES i�AMO -- - -- --- - N 2012 CDBG ; $26,293 Prior Year CDBG Funding (2011 o nly) ; 569 Other Federal Funds (FHPAP) S57 Low Income HousingTax Credits ; 54 ; State 0IN DHS) ; S 10,000 Municipal(Blo omineton, Eden Prairie) S12 Metropolitan Council $0 ! Private (listed below) ; S181,000 3 Other (Trainings Sales) S70,S40 ________ _____p._.v__.__nov_ Project Total t $4771 fit ; i Addrtronal Fundm- - sources i Amount Private `Foundation funding Greater�Ftinnesota Housing Fund Foreclosure 10,000 >_ ___ __ ._ _ _.____.._„. .,,.,,.........,...____,_.__e__ _ _a , _Hu�h�J. xndersen Foundations ______________________ ___ 11,000x; ;_McKnight Foundation h _ °___- ^«WYgX _ ___ _______ _ 75,000 i Minnesota State Bar Foundation _ 500i� Otto Bremer Foundation 50,000 Ramsey CountX_Bar Foundation _ A _R u` N 2,000 Foreclosure-Fun ders Council X2,500 Govermm �9 �t ` �l _ t Pa w ____ Prison Reintegration Grant e_ 1000 0 - F ii i *VHonieless Prevention --Assistance ... ���' - «__ - ��; Program 22,500 ; r--__ ....... ... ... .... __. ..------ .- ..._.- _.-- ._ ..F _Hennepin County « _ « _ » _c . _ 35,000 3 Bloomington Healch & Human Services Grant ; 7,958 1 P�en� Hake CDBG .............. __.______.___...__.� _.4 -- 4,759 c- Broolclyn'Par!< »CDBG_ _______ _____________________ ®.___`____ 14,424a _______ _ ________»-_-____-,._-- _--- _-- _---- _ »__------ _,- - -_ - -- --------- Eden Prairie t 51000 _-.,......--------------------------- -- .------ °---- " — «____ Edina CDBG 1,689 ---------- -- ».. --- ---- ,.._...., ------_----_----- mm.-- _._.._.— _......__.._g.. ------- Hennepin County Consolidated Pool_CDBG 7,620 i ° - - - -,. .._---- - - - - -- --------------------- Maple Grove CDBG ; 3,000 -___ _ __- _ - -__ ------ -- ---- ------- ------- ----- --� Hopkins CDBG 1,000 Minnetonka CDBG ; 1,919 _____ _______ _____ ____ __ _ ___ __ , - - - --- _J Brooklyn Center CDBG 1,291 Fw ------------------ - - - -.— Ra..., . -- - ..._., .._ ---- - --- -... - -- -- -- - Plymouth CDBG 6,210 3 - - - ». - - --- a._. ---------- _.---- F.__------- .-- , .,.._ RamseyACountY_�DBGp __ _____ __s___ -__..µ -.. __. _ » ; 20,000 St. Paul COPP 11,500 ' Other F JW* - n g Community Shares 4,000 __ F -___ __mm____- .- _- ___..a _.z_ ®� »__ » - »; ; s----- _- - - - - -» i ' Contributions 20,000 i , HotlineTraining o_S6_w «_ « » «ry...... -».._ a ; 20,000 s ,.. »..--------- - - - - -- ................ 20,000 Tenant Ri hts Book 10,000 ----------- - s «..---- _-- -. -_ -a Interest Income ----- -- 200; _________________ --------- ._--------- _ -_ - -_ hliscell.ousIncome ____ __ ____ __ ____1,600_; F__....._..--_«_ p ° e ------------------------------ - - - - -` Other jkttorney_Fees, etc_ ____-------- _ _____________'____ . ....... aao H NIE Line F, Tema t Hotline in Brooklyn `enter: 2011 OVERVMV In 2011.21" Brookl Center renter households contacted H024E Line for Tenant Hotline Services. Brooklyn Center is the 10`' (out of 466) most served city by our tenant hotline in Minnesota, accounting for I .SS of all of our tenant hotline calls. This represents service to approximateh 543 residents when all family members have been counted. Over the past 20 nears HOINiE Line has served 4,4"8? Brooklyn Center renterhouseholds. The cost to serve the city of Brooklvn Center in 2012 is S7,968. H IOHLIOHn In 2011. HOME Line helped renters from Brooklyn Center: Tap Ten Reason; For C311s (2011) 1. Evictions 41 • Rec over andlor save an estimated $32,045 (S591.612 2. Repairs 33 since 1992).' 3. Infestation:Bed Bugs 17 • Prevent an estimated 20 evictions (331 since 1992). 4. Fees 15 • Renters with repair issues who follow our advice are 3 7% more likely to set their problem fixed than thosewho 5 = 'curit}�Deposit 13 don't. 6. Landlord Foreclosure 11 • In landlord foreclosure. a significant issue in Brooklyn 2, ?Notice to Vacate 11 Center the average amount of days stkyed after the sheriff s sale by renters we have helped is 180 dates and S. Break Lease S the avera_e amount of mone saved by r enters in a 9. Harassment 7 landlord foreclosure is S 13.05? in 2011 145.325 since 10. Late Fees 6 1992). IxComE $RE!lFCD0�1ti The v astmajority (98 of these callers are extremely- low. very -low orloiv- income. These income categories Callers' Income 2011 are those used by the U. S. Department of H. U. D.: i Extremely L ott: Incomes be low 30% of the metro L ° l� t� median. Very Low Incomes between 30 %and 50 of the ' metro median Lo;tiF 3 * • Low: Incomes bets een Mand SOo.Eo of the metro median. 0 Moderate: Incomes above SO of the metro r median. `° Itiodte f0 = Ba,ed or research c .npleted by a UrivemirLt of Mirresota School of Statstics FhrD. Cardida:e, Attachment IV — CEAP Application 2012 URBAN HENN SPIN COUNTY CDBG PROGRAM REQUEST )FOR FUNDING {I?llable farm. Use one fonn per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Nwne: C1 AP Senior Services Program 3. Primary Contact Pctsont Phone No./Email Byron Lailiern63- 450 -3663 byronlahcr@ceap.com B. PROJECT' DATA 1. CllBG Funding Requested $ 15,000 (needs to be some as council resolution) 2. Is this an existing CDBG- funded pmjcct7 Yes 3. project Location: Address 6840 7e Ave N, Brooklyin Park, MN 55445 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) CEAP's Senior Cliore Services Program were able to help keep 209 Brooklyn Center seniors and adults with disabilities In their own homes last year as a result of the city's support for Meals on Wheels and Home Chore sen1ces. 96 clients are over 80 years old anti would most certainly need more costly care rvithout this help. This serves the community In the following ways: • Maintains homes and property to present community blight; 9 Provides a means for City Inspectors to help residents whose property needs maintenance; ► Fosters independence for seniors and disabled individuals; • Supports social, mental and emotional Itealth; Creates savings by utilizing Volunteers as much as possible, especially in large fall and spring raking events; • Focuses citi?ens on retention of community resources rather than burdening government and health Industry resources. i Two programs are supported by this grant: Senior Chore Services and Meals on Wheels: Senior Chore Servicts; Referrals for Chore Services originate from family members, clients, medical professionals, churches, government offices and other social service agencies. This program is open for residents 60 -years of age or greater, as well as Individuals with physical restrictions living in Brooklyn Center. This program provides the following services: 1. Seasonal outdoor work, such as spring and fall raking and winter snow shoveling and blow 2. Routine indoor cleaning, 3, Indoor heavy cleaning, 4. Home repairs, 5. 'Ward work In 2011, Senior Chore Services completed 816 "jobs" - - 13% of which were performed by volunteers. Meals on Wheel CEAP provides Beals on Wheels. This program delivers nutritious meals to senior citizens 60 -years of age or greater, as well as individuals with disabilities. Volunteer drivers deliver hot meals to participants. Aleals on Wheels clients make donations as they are able but receive service regardless of their ability to donate. This program keeps seniors and the disabled In their homes and dramatically Increases their ability to live independently. In 2011, 11,513 hot meals were delivered to 83 clients In Brooklyn Center. 5. Consolidated plan Priorities: Using tht Priority Summary chart below, itl(.--ntify what priority the project will tctcet. •ati Yr.rF a a't { �� �� Mental Housin Existing Ilousin Rehabilitation First `lime Homeownershi Homelessness Special Decals Housin Public Service _— - -_ —_ x Neighborhood Revitalization Transportation Services 2 I 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, ntanher of affordable housing units to be rehabilitated or built, 1. Senior citirens and disabled residents In Brooklyn Center will be able to remain In their homes longer than possible without these two services. We expect to perform 850 senior chore projects and deliver more than 14,000 Meals on Wheels. We served 126 unduplicated households In 2011 with Senior Services (65 of whom were 80 years old or older) and 83 unduplicated individuals with Meals on Wheels (31 over 80 years of age). 2. Health ovitcomes for this clientele will Improve because we have addressed their nutritional needs. 3. We expect requests from seniors to increase when the Family Service Center opens In the fall of this year. 7. implementation Schedule. (Identify majorprojeet taAs to occur dur•ing1 within tile* first 12 months Of ille 18 month expenditure period. l xp,-nd itura period begins July 1, 2012 and ends December 31, 2013.) CYAP wIil provide services to newly identified clients and improved service to existing clients as long as adequate resources are available Major tasks for 1~x'2012 will be the provision of services through ideals on Wheels and Senior Chores. * Intake/Assessment upon new client contact and annual file review * Client database track.% progress and reports outcome measures monthly, quarterly and annually, * Volunteer management files are maintained and updated annually, * Review of prograins and operations annually by Hennepin County * Formal annual review and site visits by Metropolitan Area Agency on Aging and Volunteers of America * Client satisfaction surveys are conducted tivice per year with Senior Chore clients. * Because more than two thirds of the Brooklyn Center seniors who we serve are living be-low 20010 of the federal poverty guidelines, we Will be Instituting a sliding fee :scale and using contributed dollars to partially offset the out of pocket costs to these Individuals. 3 i 8. Budget; i( Ncif total project budget by majorfunding sow -ces. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $ 15,000 Prior Year C DBG Funding, (for this project) S8,400 Othcr Fedcral Funds MAAjVBP -CDB $25,000 Low hicome Housing Tax Credits � $0 l State (spccify) SU Municipal 30 Metr Council SO . Private (specify) Individuals and Orgs 55,000 Other (specify} Y 50 Program Fees S5 O Project Total 5103,400 Grant funds pay for engaging the community, i.e. recruitment and training ofvolunteers and workers; intake and screening of clients; HCA background checks on volunteers and workers; matching'tiorkers and illents; and scheduling workers and volunteers for both Senior Chore workers and Meals on Wheels drivers. Clients pay for the actual Chore Services and contribute to the cost of meals served. 4 I Attachment V - Home Application 2012 URBAN HENWEPPq COUNTY CDBG PRO GIWI REQUEST FOR FUNDRqG A. GENERAL INFORMATION I City: Brooldyn Center 2, Project MOM E. (Household &Outside 'Maintenance for Elderly), A Program of Senior Community Services Primn Contact Person Phone No Deb Taylor/ 952-541-1019 x317 I Maylorgseniorcommun ty.org B. PROJECT DATA I CDBG Funding Requested 511.000 (veetk to be ame mz coach re:*hwkz) 2. Is this an existinEMBO-fimded project? ;RYes O.N. Project Location: Address' of City-wide X 4. Project Description: (Describe the project in as much detail as possible, including the local need (s) the project will address.} An age ofuno- - Seniors living on a fixed income face hard choices as costs soar for groceries, gas and in-edicine. No relief is in sight. We know that these are many fixed and low-income seniors who wouldbenefit from. theseTvices; of theH.0-NEE. Program Se vices include hoes -mak home maintenance and chore smices. For some seniors, H .O ME. can make the difference between remaining in their own homes and moving into an assisted livingcomplex or nufAnghom-e the H-01[E. smices are coordinated out of three co= offices. H.0 ME. South, located in Creek Community Center in Bloomington. serve= the cities of Bloomington, Edina, Richfixild, Eden Prairie and St, Louis Park. H.0 11E- North est.with officis in Minnetonka at the SCS administrative building as well as at the local Co=unity Cente--, serves the cities of C-n Hopkins, Golden Valley. Maple Groi Ne Hopp, Plymouth, RAbinsdale, Wayzata. and Brooklyn Center. Provided on a sliding fee scale, smices include 1) hom-=---kinz - house-cleaning i laundry. and grocery shopping ?)home maintenance. including interior exterior painting minor home repairs, srinorcarpentry, and installing disability bars. and a} chose services. consistingof lawn mowing, snow removal, raking yard cleanup. and _; indow *gashing Staff provide hoeing and home maintenance services. while independent contractors provide lawn mowing and snow removal and volunteers prov=ide raking, vasd cleanup. and window washing, the overall goal is to maintain seniors in affordable housingby providing these services that they can no longer do for themselvei, By he]p; ; ep the city's housin4 stock in good shape. The H.011E. program has been part of the Brooklyn Center CDBG program for 1 years. In addition to minor hone maintenance and repair, including ex terior annd inteiiorpaintingand some household chore seices, for p :sons 60 years ofage and older, the H.t7 ME. program is interested in partnering with theBrooklyn Cent- Fire Departrzmt to pay° for smoke and CO detectors for residents ov - the -ge of 64. 5 C o nsolidated Plan Priorities: Usin7 the Ps iority Sumio=z chart below. identify what priorityk'ies the proje:t will meet: ?�►'or €: dt cry roe cs�c� prc�'�cr i3 a jct� ur�a�t cc�.Yn r xicrin ,tcu :us: empi ire k it Aas a igne pric i t ix ccurccm. munizr ) Rental Housine Existing Housing (Rehabilitation) MEN First Time Homeownership HomAessness Sp ecial Needs Housing OUR Public Sentice k Neighborhood Revitalization Transportation sm`icea' r d, Describe anticipated resultsfaccomplishments the project gill have. of ,P 10 yiZftte 1t.1't[tS, Ytl,►9tth e,'Gfaflot"dabtf ?4Gi.!tr,gtlP, its .o r6 ?'E;Fauiii'arEAOr lr.0111 provided 1.=54, 1 hours of service to €1 Brooklyn Center residents, age 64 and older in 2411. The number of Brool lam Cente; residents seed increase from 24 in 2414 to 6 1 in 2411 and the hours of service increased from 1.22..? in-')O 10 to 1,1 in?411, It is anticipated that H.024-E, will slightly increase the number of seniors seed and the hours of service in 2412 Nvith adding the partnership with the Brooklyn Center Fire Depwrtmant. Implementation Schedule: Fnu,'crracr rase, to acctjrola ►igitcir.ir rri firs! r ? Mnorr�'s o!' ie 15 znorr�, experdirt:r. r eriod. Exp -ndituseperiod b_-vins Jule 1, 2 i i 2412 and ends December 31.2013.E €7ngoing deliveiy ofFLO- IE. spices including.:►tlaintenance (minor carpenttyjeak faucets, ?lectricai repairs and interiorie? tesior paintinjt; Chore S-xv rces {lawn Snowing and snow shoveling}: and. Host ing (cling, vacuuming, dusting washing clothes and window cleaning). S. Budget: �S; Fc{fi :o,atzc,zcs sot:rcr. �#::crc addi:iorrc iir ingswkw e appopia. , e) Funding sources for theH2O.ME. pro mm- FU'i�`DL OUNNT A CDBG $80325 A Prior Year CDBG Funding (for this project) S Other Feder; Funds (specify)MAA S141 a Low Income HousingTax Credits ; SF = Y Late (specify sum a Municipal ; S Metropolitan Council ; S Private (specify) Fee for s ervice — Sliding 5324,000 A Fe_ Sale ti Other(specif�T) Foundations. Individual i S127 It Donors. Bloominzon HRA, United Wav �Projen Total_ $632.429 ; Prior Year CDBG Funding (for this project) from the Cit of Brooklyn Center was 511e'14. ii Attachment V — Code Enforcement Application 2012 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (fillable form. Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: Neighborhood Stabilization/Code Enforcement 3. Primary Contact Person/ Phone No. /Email Jesse Anderson, 763 -569 -3420 B. PROJECT DATA 1. CDBG Funding Requested $ 150,000 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? ®Yes RNo 3. Project Location: Address or Citywide 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) Consistent with National, State and County trends, the City of Brooklyn Center has experienced high rates of residential property foreclosures resulting in significant numbers of vacant and abandoned properties. Brooklyn Center is one of six Hennepin County cities experiencing the greatest number of foreclosures. Only Brooklyn Park and Minneapolis have more foreclosed and vacant residential properties than Brooklyn Center. On a percent basis, Brooklyn center had the highest percentage of foreclosures of all cities in suburban Hennepin County from 2007 through 2010. Based on current market conditions and projections by governmental and financial institutions, Brooklyn Center will continue to experience high rates of foreclosures for several years to come. Specific data for foreclosed and vacant properties in Brooklyn Center is shown by the following: Foreclosures in Brooklyn Center 2006 135 2007 254 2008 394 2009 305 2010 287 2011 246 Properties Vacant some point within 2009 804 Properties Vacant some point within 2010 848 Properties Vacant some point within 2010 916 Currently vacant homes as of January, 2012 392 (Difference in totals indicates re- occupancy) *Due to continual fluctuations in housing market and tracking capacity, numbers may vary slightly. The impacts of foreclosed and vacant properties in the City of Brooklyn Center is summarized by the following: 1, Vacant and abandoned properties can create costly problems for cities in general and potentially severe problems for specific neighborhoods hardest hit by clusters of foreclosed or vacant properties. Vacant properties detract from the quality of life in cities and can severely drain municipal budgets. These properties negatively affect homeowners who struggle to maintain their properties in an environment where property values may continue to decline. o The number of vacant properties fluctuates, but is expected to be high for the next few years. The status of the property, ownership, responsible parties and numbers can change daily. Some properties were vacant for two years. *The majority of vacant properties in the city have one or more code violations, everything from health/life safety hazards to general nuisances. • Significant city resources and costs are being spent to deal with problems associated with vacant properties, often shifting resources from other programs areas. *Early intervention with vacant properties helps to ensure minimum community standards, while increasing citizen satisfaction. • The presence of vacant homes and foreclosures on a block is impacting the sale prices of open market transactions. Some properties are being listed below or near land values. • Long term vacant properties create potential for increased levels of vandalism and more serious criminal activity. City of Brooklyn Center Foreclosure and Vacant Property Strategy The following is a summary of the city's comprehensive foreclosure and vacant property strategy. Implementation of the strategy will involve both local and CDBG funding sources. Four Step Foreclosure and Vacant Property Strategy Step 1— Data Collection Identify the scope and depth of foreclosures and its impact on the community in order to develop effective action plans. Although initial analysis is already complete, monitoring conditions as the housing market fluctuates and evolves is an ongoing process. Step 2 — Neighborhood Stabilization Evaluating the condition of properties, eliminating imminent health and life safety hazards, securing buildings and minimizing nuisances. Step 3 —Prevention and Intervention Educational and referral activities to prevent or assist individuals going through the foreclosure process. Step 4 — Reinvestment Getting vacant properties re- occupied with a focus on safe and decent housing and owner - occupancy. As part of the overall foreclosure and vacant property strategy, the City has adopted a Vacant Building Ordinance which includes the following provisions and requirements: ❖ An owner, mortgage company or other responsible party must register a residential or commercial property that is vacant for more than 30 days. ❖ A property plan, which includes operational information and a plan for re- occupying the property, must be developed. ❖ Actions must be taken to ensure the property is secured and maintained in good condition. ❖ An inspection prior to re- occupancy is required to ensure the property meets minimum health and safety standards ❖ A streamlined process for correction of nuisances and city - facilitated abatements is established. ❖ Unpaid registration fees and costs of abatements and city services may be specially assessed to the property. Summary of CDBG Assisted Activities Related to City's Foreclosure and Vacant Property Strategy CDBG assisted activities will focus on increased and targeted code enforcement in eligible geographical areas of the city qualifying as part of the low and moderate income upper quartile requirement. The primary goal of these CDBG assisted activities is to arrest the decline of City neighborhoods. Code enforcement activities are described by the following: ■ Maintain list of vacant residential properties, identify and evaluate property conditions and take actions to eliminate health and life safety hazards. ■ When foreclosed and vacant properties are identified, assure that property is secured, including boarding up if necessary, and checking to see that utilities are shut off if necessary to avoid problems such as frozen pipes, address public nuisance and housing/building code violations. • Administer provisions of city's Vacant Building Ordinance including identifying and working with responsible party (ies) to ensure property is secured and address required actions responsible party (ies) must take to comply with Vacant Building Ordinance. • Work with responsible parties on the development of a property plan pursuant to the requirements of the city's Vacant Building Ordinance, including timetable to address applicable regulations /violations. Work with residents to address issues relative to foreclosed and vacant properties that are unique to a particular neighborhood and work with appropriate city departments /staff and /or non - profit and community groups in a collaborative approach to property maintenance and rehabilitation. Proactively address issues which cause or create a blighting influence on adjoining properties. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Priorities ` i7se X to ind 4 Rental Housing Existing Housing (Rehabilitation) i First Time Homeownership Homelessness Special Needs Housing Public Service Neighborhood Revitalization X Transportation Services 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) The goal in 2011 was to address all existing foreclosed and vacant properties in a i timely manner. City staff have worked to process all foreclosures and vacant properties within the city. Currently there are 332 vacant properties that are monitored, inspected, and registered. The goals for 2012 are to accomplish the following: •Verify and update existing inventory of all foreclosed and vacant residential properties in the city. *Continue to quickly recognize vacant properties quicker by combining information on bank owned property and low water consumption. *Monitor foreclosures and associated problems such as vacant properties. •Work with mortgage companies and servicing companies for vacant properties for a timely response and resale of vacant properties. •Identify and prioritize property code violations with health and safety issues addressed and resolved first so that properties are safe and secured. *Address and resolve secondary housing /building code and public nuisance violations of vacant and foreclosed properties. *Continue to implement and administer the requirements of the city's Vacant Building Ordinance. •Assure that residents in areas affected by foreclosed and vacant properties are informed about code enforcement activities and that resident information regarding foreclosed and vacant properties is incorporated into property monitoring and information activities. •In addition to CDBG assisted code enforcement activities, it is the city's goal to provide staff and financial resources to assure that at minimum, 100 of the current number of vacant and foreclosed properties are re- occupied with a focus on safe, decent affordable owner occupied housing. Between March 2009 and January 2012 eighty two (96) Renew'Loans had closed on vacant /foreclosed properties in the city, providing homes for new homeowners in the city and contributing to the stability of city neighborhoods. CDBG activities assisted are part of a larger strategy to arrest the decline of City neighborhoods. Other non CDBG activities being deployed to arrest neighborhood decline include: •Renew Loan Program • Neighborhood Stabilization Program (NSP) Program *Remove and Rebuild Program • Street and Utility Improvement Program •Expanded Neighborhood Watch Program *Crime Reduction Strategy *Strategic Plan to Improve Neighborhoods • City Foreclosure Strategy 7. Implementation Schedule: (Identify major project tasks to occur during /within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2011 and ends December 31, 2012.) Task: Monthly Monitoring Vacant Properties Date: Ongoing Task: Decrease negative impact of Vacant Date: Ongoing Task: Neighborhood Sweep inspection Completed Date : October 15, 2012 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $150 (2012) Prior Year CDBG Funding (for this project) $150,000 Other Federal Funds (specify) $ Low Income Housing Tax Credits $ State (specify) $ Metropolitan Council $ Private (specify) $ Other (specify) $ Project Total $275,000 I Attachment VI — County CDBG Fund Memo • Hennepin County Memo i DATE: January 5, 2012 TO- 11rb: ti I lennepin County `Direct Allocation' ('ooperating C'oniniunitics � FRONI: trk Hendrickson. Principal Planner SUB31 "O': 2012 Urban I lennepin Cowity (,'DBG Prograatt Aceornpanying is the 2012 CDBG Program platining lxackcl. A hardeony of the packet will only be inailed if requested, Project fivading profxsals must be subaiaitted by I'ebrttary 23, 2012. Please schedule your public licaring as soon as possible to meet this deadline. If yott'rc not able to niect the submission deadline, contract your county CDBG rep as soon as possible. The following items are provided: Planning Allocation by Community (preliminany) Saniple Notice of Public Bearing Sample Resohition Request for funding forth ('/i(lable,iarm) Consolidated flan Schedule I"or tltc first time in a few years, Congress completed its appropriation of MUD and CI)BG funding; Ix -Here otir €iontial planning; process starts. 1 vcn though CDBG funding was reduced nationally by 1 1% ' . 1-lennepin County finiding increased by 1,2%($26,036) over last year, unfortunately, the wason our tending increased is that there %vere snore person's living in poverty at the tints of the 2010 census cattpared to the 2000 census. Note: even though I IUD's CDBO appropriation is final, the allocation to the county, and in- tarn cities, is still considered Preliminary, Wit will be notified as soon as the final amount is confirmed, This sliatild happen later in January, Also of note: 2010 census date %nits used flor the first lime' Ibis year to delermine the comity's fornnala allocation, '7'hc formula is based on population, over - crowded housing, turd poverty (counted twice). The formula is also used to dctcrtiiine each city's share (if the county grant after the county adtninistaation shard (13 %) is subtracted. Use of new census daw in the f r7niala tsnlml in ;l change to city ttllc>c;itirans, ThQ funding level increased for live cities, while it decreo-sed I'm lotir cities. i1 Etairr9N CoUta - 1 C+at min[r)' "fell` 7011 1, SU NG 11W, tl,'rjnvm\)u5, MN OvU4 Ft r��rl r. � ►G 1 i } 3 4 as =£) Cis F'tx: Cfi 12! 3� Ci � f) ?.O `1U1�i 1"t Y. tti 1 �}'.�L�ci £3E:�5 Under the tending fore Tula contained in the current Joint Cooperation Agreement, communities that receive n funding allocation of 3.5 or more of the County's grant will receive a dirco planning allocation. Communities that m eivc; less than 3.5% will not receive a planning ,allocation. Instead, these communities will be included in the Consolidated fool. Only cities contributing funding to the Consolidated Pool arc eligible to submit funding applications. Thnety Implementation of CDRG funded projects. As a condition of HUD entitlement grant funding, the county's unexpended CUBG grant funds cannot exceed 1.5 tines the annual grant amount. 'Phis is calculated 90 days prior to the start of tic new program year. Tv hclp ensure continued CDBG finding, each city must commit C13130 funds within six months and expend the funds within 18 months of the start of a new program year. To nice in this effort, tale county }dill continue using cxpenditurc goals to help cities monitor project implcmcntation and expenditures. OTHER FUNDING AVAILABLE IN 2012 Under the t'ounty's Coordinated Request for Proposal (CRIT) released .la►naary 5, 2012, the following programs provide additional opportunities for cities and other eligible applicants to apply for funding for housing and transit oriented development. Funding applications for these programs ate due by February 23, 2012. Application information is available on the County's rv�ebsitc- for additional program information and application materials - ti Osearch Nvord: CRIT). HOME Program - SI.2 million Under the Coordinated RF1', the county is currently requesting proposals for HOME fiends. All cities will receive direct notification for the HOME Program. If your city or a housing developer is inlemsted in HOME Program funding please contact Tonja Nest Hafiier at 612 348.2599. 1` nicrgcavy Solutions Gwent (C4(il'o) Program - $224,000 (est. includes $59,001) FYI 1 - Phase 11 and $165,000 NYI RIOT : A s41mrate request for proposals will be issued later in 2012 pending IIUD release of regulations for amending the Consolidated flan to incorporate changcs to tic I 1114rgcney (solutions Program (fourierly Emergency Shelter Grant Program) under the HEARTH Act. l niphasis of the new I St r pmgrant is on homelessness prevention and rapid re- housing, of people who become ltonicicss. If your city, non- profit emergency shelter, anchor emergency service provider in your community is interested in I?SG funds please contact Mark Hendrickson at to 12 -348 -2 199. Affordable Housing Incentive Fund (AHIF) Program - S2 million 77ae I lennepin County I lousing and Redevelopment Authority (I lei IRA) established the AHIF for the purpose ofexpanding the supply of safe, decent, sanitary housing for very low - income: hoiiselaol& and individuals in Ilennepin County. For information please Carol Stinar at 612- :348 -2670. 2 , transit Oriented Development Program(TOD)- $2 million For redevelopment area projects, including affordable housing, tltuat increase ridetship along Hennepin County hunsit c*rridors and routes. For more information please contact Patrick Connoy 612-348-2215. Continumn of Care for the Homeless (COC)- ►6.4 million (eit.) HUD funds, available: through tbrev squirate programs, can W used for acquisition, new construction, reliab, leasing or rental assistance for new permanent supportive housing for homeless fannilics, singles adults or youth. Funds can also be used to renew (continue) funding of previou ly amirded grants for support services and leasing. Nate: Only pre - applications for Inew' projects will be solicited under this IMP. For more information please contact Mark l icndrickson 612-34 8-2199, C ONS01,1DA`i ED P LAN: PRIORITIES & S7`RATEGIFS Use ofC DBG funds to addre'sS local needs must be consistent with priorities identified in the Consolidated flan for affordable housing, connnmunity development and human services. The relationship of proposed projects to countywide priod(ics Neill be ovaluated during the proposal review process. CDBG funds niust be used to address a high priority, or in sonic cases a medium priority. if you propose a project that does not address one ofthcsc priorities (sec priorities below), you must clearly explain why the project is a priority in your cornnnuiity. Ilic explanation should be included in the project description section of the application form. Frlorltiet for lire nest- -year Consolidated !'late period 2010.14 are generally the sante as the prior perlocl. One change is that a new priorit}► has been identifled for foreclosure recovery activities. High Priority Housing Activities: ✓ Rental housing for fainilles, elderl), plosirally disableel persons, and hotnelw per.wns with lo►i income (bela%v 50 percent of median tnro►ne) ivith a prioriiji for extrentely IoK Inconre persons (beloi+ 30 percent of median i ncome) ✓ S'rrplvrtire houving,ffir persons with inenral Illness ivith Income beln,i 50 percent of rrredian inco►ne. ✓ Rehabilitation of miner occulfied hoe ►sink; with income below 50 percent o, f me >tllan income 11e ►►rreoivnershlp asslsiance to households n0th invorne below 80 pereent of trrcdian inconre ✓ Foreclosure recovery activities I:Aigible activities include acquisition ofprolicrty, development related infrastmeture, develop.ntent safe- costs, downpaymcnt assistance for first -time ltcnntebuyen and rehabilitation of existing units. High Priority Public SctviceslFacilities 1'rthlic� scrriccs tr►1tt�c►r ►eilrtie�s tv trsci +t fanrilie�s tared seni�l►s te► nrrrintrlin r�nd�'or increi�.�e self - Sgffi iencr and independent living, and to as. ist .yYnah and their• »ith counseling and c'rivis Intesrvention serrlcev, and related activities, lsrtreyrgency services in response to the foreclosure problent and anemplo , me'nt will also be considered high priorities. 3 i High Priority Neighborhood Revitallaation: y` , �r. ighhcjrlrtxrd 'r•r.►tit�rlirtrtltrrr �rc`ti�irr�s tJrtrt ctc�rlress issrrc�s a, �srrUslc�nd "crrr?'t�ingfrreri�rvi�err�� err sratrer site or d efined area rede velopinents that still also provide rnffiprrlrrhle holisirng on 20 percent of the units, Planning and Removal of Architectural Barriers: ' t l of architectural barriers are considered a law General leannin acta� iheYs sync# project for th re,uaor� a � � l� a C'DBG funding priority, unless the activity or project is dirccily related to an otherwise eligible high priority housing or community development activity. r1DYIItYIS'i'ItA`IVlti: RE( UIREMENTS As ac guideline, no mare than three activities should be undertaken in each community and each activitt: should have a budget of at least $7 ► 300. Whcn fiends are commiticd by other, cities to carry out a single activity of mutual inte;ro -st; typically a public service activity, the allocation should not be less $3,500, Communities are strongly encouraged to develop joint initialivcs to ad(irrss mutual ne:cds by consolidating their resources. I ,OWlil� ODERATE. INCOME BENEFIT Each city must ensure that at least 70 percent of the expenditures during the program year (Jul) I to Juice 30) are users far activities benefiting very ,low and lo;o- income persons. `l'he, authorizing statute for the C'DBG Program requires that each funded activ meet one of three national objectives: benefiting low and moderate- income persons, preventing or eliminating slums andlor blight, mid meeting an urgent need. The statute states that onit grantee must meet this requirement. FONDING PURIA(' $ERVIC S Participating co m mun ities have fhc fle to Sl5t vp to 15 percent of their C DBG planning allocation to fund eligible, priority public services. HUD rules limit grantee use of C1DBG funding for public services to IS percent. AFFIRMATIVELY FURTHER FAIR HOUSING Asa recipient of HUD funds, I-lcnncpin County anti each subrecipient community must offirniatively further fair housing. Hennepin County encourages all communities to be proactive by addressing impediments to fair housing choice in your community. As a potential condition torccciving future funds, HUD annually evaluates effbits to affirmatively � further fair housing choice. To continue its support of countywide fair housing efforts, Hennepin County will allocate rands from its administrative budget for fair housing services. Services including outreach, counseling and referral services, training and education programs and enforcement of fair housing laws and ordinances, will be targeted to priority actions and services identified in the Regional Analysis of Impediments and Fair Housing Action Guide. Communities are strongly encouraged it) support similar efforts within their community using C L)BG and /or local Elands. SUBMISSION REQUIREMENTS Public hearing: Prior to February 23, 2,012, cash community receiving a direct funding allocation must conduct a local public; hearing and adopt a council ,resolution on the proposcd use of C D13G funds. A sample 4 i public hearing notice and resolution are enclosed. The wsolution includes language authoriAng the execution of subrecipient and thbyJ party agreements. Project Proposals; Project proposals must be submitted by Febmary 23. 2012. Proposals, can be stibinitied by email or regular snail, A fillablc form is included with this memo, Use otie form for each project. Hennepin County staffwill review each project to determine CDBG eligibility, program benefit and the relationship to countywide priorities. Submit the t'oltowfrre ht} Fehrrrarr 3,_ 2012 Request for Funding Form(s) Council Resolution (as soon as pOsyible) Public Hearing Notice -r Affidavit of Publication (as soon as possible) ■ hllinutes from the Public Hearing (as soon as possible) ASSISTANCE Please contact Mark l-leiidrickson 612.348 -219x3 or Kevin Dockry 612.348.2270 ifyou have any questions o need assistance with the planning process. Enclosures i l CDBG Funds Allocation Presented by: Vickie Schleuning , Assistant City Manager/ Director of Building and Community Standards Department City Council Meeting February 133 2012 Pu rpose Community Development Block Grand (CDBG) are funds distributed through a federal grant and passed through Hennepin County. The funds must meet one of three national objectives : Benefiting low income persons Preventing or eliminating slums and / or blight Meeting urgent community needs . City Council Meeting 211312012 2 Background The City of Brooklyn Center has been using CDBG funds since the program with created in the mid 1970 ' s . In 2008 some funds were shifted from the County Rehab program to fund code enforcement efforts due to the foreclosures I, and vacant properties . A Maximum of 15% of the funds can be allocated to non - profit organizations . The city has consistently provided the maximum 15% to non profit agencies . City Council Meeting 21132012 3 ME I ME 2011 Distribution 2011 CDBG allocation for Brooklyn Center was $ 171 , 014 The 2011 Distribution was as follows : (H .O . M . E.) program -- $ 11 , 760 Community Emergency Assistance Program Senior Services program -- $ 8 ,400 Neighborhood Stabilization / Code Enforcement program -- $ 126 , 000 HOME Line ' s Tenant Advocacy -- $ 5 ,460 Housing Rehabilitation ( Rehabilitation of Private Property) -- $ 19 , 394 City Council Meeting 211312012 4 Recommended 2012 Distribution The 2012 CDBG funds would be eligible to be used from July 1st, 2012 to December 31 , 2013 . The allocated 2012 Brooklyn Center CDBG funds will be $ 211 , 643 . CDBG Activity 2012 Requested Amount 2012 Recommended Amount Senior Community Services $15,000 $14,600 H.O.M.E. Program CEAP Senior Service Program $15,000 $10,470 City of Brooklyn Center $150,000 $150,000 Neighborhood Stabilization/ Code Enforcement HOME Line Tenant Advocacy $7,968 $6,670 Program ome Rehabilitation Program $23,088 $29,901 1! . -, I ,I I I ..I I City Council Meeting 211 31201 2 5 I N M- 1 2012 A pp licant H . O . M . E Program ► Household outside Maintenance for the Elderly (H .O . M . E.) program 2012 request is $ 15 , 000 ► Services include : Homemaking Home maintenance Chore services Smoke alarm installation partnership in 2012 This program has been part of the City' s CDBG program for 17 years . ► In 2011 , 1 ,450 . 75 hours of service was provided to 61 Brooklyn Center residents over the age of 60 . Senior Community Services City Council Meeting 2/13/2012 6 11 1 2012 Applicant CEAP The Community Emergency Assistance Program (CEAP) has requested $ 15 , 000 . Services include : Meals on Wheels Senior Chore Services This program has been part of the City' s CDBG program for 12 years . ► In 2011 CEAP provided services to 209 Brooklyn Center "r",esidents . City Council Meeting 211312012 7 I' 2012 o Applicant ® Homeline The Homel i ne Tenant Advocacy Services has requested $ 7 , 968 . ► Services include : Free legal advice to tenants about tenant law Legal help for unsafe living conditions Legal help for Security deposit loses ► This program has been part of the City' s CDBG program for 3 years . In 2011 Homeline helped save Brooklyn Center tenants at least $ 32 , 045 , prevented the eviction of 20 families , and advised 217 Brooklyn Center renters . I € City Council Meeting 2/13/2012 8 . _.. i X012 Applicant - Neighborhood stabilization / Code Enforcement The Neighborhood Stabilization /Code Enforcement has requested $ 150 , 000 that is consistent with the 2012 approved budget. ► Four step Foreclosure and Vacant Property Strategy: Data Collection Neighborhood Stabilization Prevention and Intervention Reinvestment ► This program has been part of the City' s CDBG program for 4 years . In 201 1 , 916 properties were identified as vacant throughout year; currently 392 known vacant properties . City Council Meeting 211312012 9 E - Recommendation It is recommended that the City Council approve the resolution determining the allocation of the 2012 CDBG funds . Summary of allocation : 1 5% ($ 31 , 745 ) of the funds allocated to Non - Profit organization r $ 150 , 000 allocated for Neighborhood revitalization / Code Enforcement $ 29 , 901 allocated for Hennepin County home rehabilitation loan program . City Council Meeting 211312012 10 Questions ? City Council Meeting 2/13/2012 11 City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: February 13, 2012 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development , s SUBJECT: Resolution Approving An Amendment to the 2030 Comprehensive Plan from OS- Office /Service Business to Mixed Use OS /I — Office - Service Business /Industrial, Relative to the Commercial Zoned Land Generally Located in the Southwest Quadrant of the City, Bounded by Azelia Avenue to the West, Lakebreeze Avenue to the North and Hwy 100 to the East and South of the Property. (Former NW Athletic Club /Lifetime Fitness site - 4001 Lakebreeze Avenue N) Recommendation: It is recommended the City Council adopt the resolution approving an amendment to the 2030 Comprehensive Plan from OS- Office /Service Business to Mixed Use OS /I — Office - Service Business /Industrial, relative to the commercial zoned land generally located in the Southwest Quadrant of the City, bounded by Azelia Avenue to the west, Lakebreeze Avenue to the north and Hwy 100 to the east and south of the Property. Background: This item is presented under Planning Application No. 2012 -001, with the City of Brooklyn Center as the Applicant. The subject site is the former Northwest Athletic Club /Lifetime Fitness site, located at 4001 Lakebreeze Avenue North, which consist of 7.4 acres; and the 1.26 acre State MnDOT excess right of way parcel (former Denny's Restaurant site). The combined area of the subject site is 8.66 acres. On December 15, 2011 the Planning Commission conducted an initial public hearing on Planning Commission Application No. 2011 -021, submitted by Paul Hyde of Real Estate Recycling, to rezone the subject site from C -2 (Commerce) to I -1 (Industrial Park). City staff also included a request by Mr. Hyde to change the underlying land use from OS - Office /Service Business to I - Industrial. The Commission provided a favorable recommendation to the rezoning and land use change, and was scheduled to be presented at the January 9, 2012 regular meeting. Prior to this Council meeting, city staff met to discuss the proposed land use change; its effect on the neighborhood; the resulting impact of the rezoning and proposed development; and decided to table this request from Mr. Hyde, in order for Staff to present a more thorough analysis and findings on the land use change under its own and separate public hearing. On January 26, 2012 the Planning Commission conducted a public hearing on Planning Commission Application No. 2012 -001, submitted by the City of Brooklyn Center related to a proposed amendment to the City's 2030 Comprehensive Plan Update by amending the subject Ifiss1OA: EIISI11T110 all florae /IVB, clean, safe COf1117Tuniff that enhances the quallo( of life andpreserves the public trust i COUNCIL ITEM MEMORANDUM site's current "OS- Office /Service Business" land use designation to a new "Mixed Use — OS/1- Office-Service Business /Industrial designation. At this public hearing, Planning Staff provided the attached report and verbal presentation of this land use change. Commissioner Parks asked for clarifications into this land use change and if this would lead to "spot zoning" of this land. Staff explained that spot zoning is essentially an act or decision which rezones a property or area that does not belong or fit the surrounding properties. More importantly, the zoning goes against or does not meet the underlying planned and approved land use of the area and /or property. In this particular case, a portion of the underlying land use (OS- Office /Service Business remains intact, while the amendment simply adds an "industrial" component to this existing land use. This new "Mixed -Use" designation will provide the opportunity to maintain the C2 (Commerce) zoning and allow a similar mixed use zoning, such as PUD -MIXED C2 /I -1 (Commerce /Industrial Park). By allowing the land use amendment, this would facilitate an ideal rezoning to allow a mixed use development to take place, optimize the property and create more opportunities on the site. Please note this amendment does not amend or change the current C2 zoning on this site. Any new rezoning will be considered under a separate (and future) public hearing date before the Planning Commission, with City Council consideration to follow. Attached for your review are handouts which illustrate the location, current zoning, land use, and conceptual site along with the minutes from the January 26, 2012 Planning Commission meeting. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans. Mission: Ensuring an attractive, clean, safe comnnurity that enhances the qualitti of life and preserves the puhlie trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOMMENDING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FROM OS- OFFICE /SERVICE BUSINESS TO MIXED -USE OS /I — OFFICE - SERVICE BUSINESS /INDUSTRIAL, RELATIVE TO THE COMMERCIAL ZONED LAND GENERALLY LOCATED IN THE r SOUTHWEST QUADRANT OF THE CITY, BOUNDED BY AZELIA AVENUE TO THE WEST, LAKEBREEZE AVENUE TO THE NORTH, AND HWY 100 TO THE EAST AND SOUTH OF THE PROPERTY (ADDRESS IS 4001 LAKEBREEZE AVENUE NORTH) WHEREAS, on March 11, 2010, the Planning Commission unanimously approved the adoption of Planning Commission Resolution No. 2010 -01, a resolution recommending that the Brooklyn Center City Council adopt the 2030 Comprehensive Plan Update; and WHEREAS, on March 22, 2010, the City Council unanimously approved the adoption of Resolution No. 2010 -65, a resolution adopting the 2030 Comprehensive Plan Update in accordance with Minnesota statutes and the policies of the Metropolitan Council; and WHEREAS, LTF Real Estate Company, Inc. owns a 7.39 acre parcel generally described in the heading of this resolution and which parcel is addressed as 4001 Lakebreeze Avenue North, and the State of Minnesota owns a 1.27 acre remnant parcel adjacent to and immediately east of the LTF owned parcel, and which two parcels as noted herein shall be known as the "Subject Site "; and WHEREAS, Real Estate Recycling, Inc. (RER) is proposing a new redevelopment plan on the subject site with a new office /manufacturing /warehouse facility, which requires rezoning, site and building plan and platting to complete; and WHEREAS, the current zoning of C -2 (Commerce) and underlying land use OS- Office /Service Business as identified in the 2030 Comprehensive Plan would not allow the redevelopment of this site as planned by RER under such zoning and land use category; and WHEREAS, under Planning Application No. 2012 -001, the City of Brooklyn Center initiated this land use amendment to the 2030 Comprehensive Plan in order to change the current land use designation of OS- Office /Service Business to Mixed -Use OS /I — Office - Service Business /Industrial; and WHEREAS, subject to a successful outcome of this land use amendment action, the City may consider a new planned unit development zoning classification on the Subject Site, to be considered under separate action and public hearing at a future Planning Commission meeting; and RESOLUTION NO. WHEREAS, the Planning Commission held a duly called public hearing on January 26, 2012, whereby a planning staff report was presented and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the land use amendment request in light of all testimony received, the guidelines for evaluating and determining the land use amendment as contained in the January 26, 2012 planning staff report, and the City's 2030 Comprehensive Plan; and WHEREAS, the Planning Commission recommended at the January 26, 2012 meeting, the approval of the proposed land use amendment to the City of Brooklyn Center's 2030 Comprehensive Plan, and the submission of an official land use amendment application to the Metropolitan Council, in accordance with Minnesota statutes and the policies of the Metropolitan Council. WHEREAS, on February 13, 2012, the City Council received the favorable recommendation of this item, reviewed the planning report and analysis regarding this item, and has considered and addressed the comments received from interested parties. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center that the land use amendment to change the current land use designation of OS- Office /Service Business to a Mixed -Use OS/I — Office - Service Business/Industrial as comprehended under Planning Application No. 2012 -001, and on the subject property is hereby approved based upon the following findings: 1. The proposed land use amendment will improve the appearance of the city and enhance the quality of life, property values and civic pride in this Southwest neighborhood area; 2. The proposed land use amendment may help reduce and eliminate incompatible relationships among land uses (such as industry vs. housing). 3. The proposed land use amendment will reduce the geographic over - concentration of particular types of land development when that pattern has become a negative influence on the community. 4. The proposed land use amendment will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial and industrial sectors; eliminates an obsolescent or deteriorating land use; and stimulates new investment in the neighborhood and community. 2 i i RESOLUTION NO. i 5. The proposed land use amendment will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. Will help to increase employment opportunities, possible retail sales, rental occupancy and tax base; ii. Provides for the redevelopment of an obsolete, underutilized and vacant sites into a possible use(s) that address needs in the marketplace, and provides a more pedestrian- friendly atmosphere by including a regional trail connection as part of the Developer's site plan; iii. The new site will use shared parking as a means of potentially increasing density and diversity of uses. 6. The proposed land use amendment will provide an opportunity to create a new zoning district provides for a more flexible mix of land uses and to encourage good design. BE IT FURTHER RESOLVED by the City Council for the City of Brooklyn Center that the land use amendment noted herein is granted preliminary approval and City Staff is directed to submit to the Metropolitan Council the application for formal review, and is subject to the following condition: 1. The Metropolitan Council approves the land use amendment change of this site from its current Office /Service Business to the proposed "Mixed -Use OS /I — Office- Service Business /Industrial" designation. February 13, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3 i i MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 26, 2012 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tern Kuykendall at 7:22 p.m. ROLL CALL Acting Chair Pro Tern Kuykendall, Carlos Morgan, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Chairman Sean Rahn and Commissioner Stan Leino were absent and unexcused. Commissioner Morgan arrived at 7:22 p.m. APPROVAL OF MINUTES — January 12, 2012 There was a motion by Commissioner Parks, seconded by Commissioner Schonning, to approve the minutes of the January 12, 2012 meeting as submitted. The motion passed. Commissioner Morgan abstained as he was not present at the meeting. ADMINISTER OATH OF OFFICE Mr. Benetti administered Oath of Office to Carlos Morgan. ELECTION OF 2012 CHAIR AND CHAIR PRO TEM Since the full Commission was not in attendance, it was the consensus of the Commission to postpone election of the Chair and Chair Pro Tern to delay the nominations until the next Planning Commission meeting. CHAIR'S EXPLANATION Acting Chair Pro Tern Kuykendall explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2012-001- CITY OF BROOKLYN CENTER Acting Chair Kuykendall introduced Application No. 2012 -001, a request for approval of a proposed amendment the City of Brooklyn Center's 2030 Comprehensive Plan Update by changing an "OS- Office /Service Business" land use designation to "Mixed Use — OS /I (Office- Service Business /Industrial) for the property located at 4001 Lakebreeze Avenue North (and generally located and bound by Azelia Avenue to the west, Lakebreeze Avenue to the north, and HWY 100 to the east and south). 1 -26 -12 Page 1 I Mr. Benetti presented the staff reporting describing the location of the property and the details of the proposal including the previous use of the site. He explained that this specific amendment would consider revising the current underlying land use of "OS- Office Service Business" to include an "industrial" element, which would allow a "Mixed -Use Office - Service /Industrial" land use designation. He added that if approved by the City Council, Staff will request authorization to submit an official application to the Metropolitan Council (as required by the Metropolitan Land Planning Act). Mr. Benetti explained that the subject area consists of two separate parcels with a total combined area of 8.67 acres. Real Estate Recycling is proposing to redevelop these two parcels with a new 123,759 sq. ft. office /manufacturing /warehouse facility, which requires rezoning of the property from C -2 (Commerce) to an Industrial Zoning. He added that prior to rezoning the properties, a land use amendment must also be considered. Mr. Benetti further explained that through review of city records, it appears that the property has undergone a number of changes over the past 40 years. At one time it contained a small farmhouse and the Joslyn Pole Yard Company and later was identified for multiple uses including future single family, industrial and multi- family. He added that in 2010, the City adopted its 2030 Comprehensive Plan update, which indicated a change to the subject site from "Retail- Business" to a new "OS- Office /Service Business" category. Mr. Benetti stated that for purposes of determining if the proposed land use change meets city code requirements, the City's "Rezoning Evaluation Policy and Review Guidelines" contained in Section 35 -208 was utilized. He reviewed the requirements and how the proposed land use change meets those criteria. Commissioner Morgan asked about the progress of the clean -up on this Super Fund Site. Mr. Benetti responded that the City received a $50,000 grant through DEED and Mr. Hyde is driving the clean up on the site. He added that a potential plume was discovered and is being addressed. Mr. Benetti further clarified that this is not a Super Fund site so the clean -up and impact will be minimal. Commissioner Schomiing asked for a definition of Condition Igo. 3 in the Recommendations of Approval. 3. "The proposed land use ainendinent will reduce the geographic over - concentration of particular types of laud developanent when that pattern has becoane a negative influence on the connininity." Mr. Benetti responded that by adding a mixed use, you still want to maintain an office /service element in conjunction with an industrial element in order to allow for office use and not create a wide industrial use that could negatively impact the neighborhood. Commissioner Parks asked if once approved by the Met Council, is the City approving a PUD where a recommendation can be made to the buffer area between the properties. Mr. Benetti 1 -26 -12 Page 2 stated that the PUD allows for flexibility but you must maintain the use to comply with the underlying zoning districts. He added that the buffers proposed by the applicant will remain in place to protect the integrity and stability of the adjacent residential neighborhood. Commissioner Parks asked for an explanation of spot zoning. Mr. Benetti explained that spot zoning would be a request to rezone a property that did not belong or fit the surrounding properties. The zoning must comply with the approved, underlying land use of the property. If one wishes to change or rezone a property, the current land use must be consistent, or changed separately to make the zoning legal and compliant. Benetti added that in this case, allowing the land use change to take place would allow or provide an opportunity to consider a new mixed - use or planned unit development (PUD) zoning of the site, which could allow a mixed -use style of development to take place on the subject site, and optimize the property and create more opportunities. PUBLIC HEARING — APPLICATION NO. 2012 -001 There was a motion by Commissioner Parks, seconded by Commissioner Schonning, to open the public hearing on Application No. 2012 -001, at 8:1 Op.m. The motion passed unanimously. Acting Chair Pro Tem. Kuykendall called for comments from the public. Mr. Paul Hyde, thanked the Commission for considering the application. He responded that they will begin testing the soils next week to find out how deep and wide the pollution is. Following the investigation, they will begin clean up. He added that they propose a maximum buffer on the west side of the property and will keep the mature trees ,on the site. He also stated that they are thrilled with the quality and caliber of the businesses that they anticipate will be relocating to this site. Commissioner Morgan asked for a general idea of what kinds of jobs may be available. Mr. Hyde stated that they anticipate that there will be over 200 jobs on the site with high caliber, high paying jobs in the medical industry. He added that they have not built such a facility in over four years. Penn Brown, 4819 Azelia Ave N, stated that the Caribou site is reap full with cars and she Y Y wonders if the city has given the developer the old Denny's site to use. Mr. Benetti responded that the Denny's parcel will be acquired by the city through MnDOT and the intent is that they would allow Mr. Hyde to combine that site with his parcel. Caribou would not be allowed to park on this site unless an off -site parking agreement is executed and excess parking is established on the site. Ms. Brown responded that 200 employees creates a lot of traffic and cars. Mr. Benetti explained that will be looked at during a traffic analysis to discern what is appropriate for the roadways and traffic flow. He added that such issues will be established at the formal review of the application at a later date. Commissioner Morgan stated that he noticed that traffic has tripled at the Caribou site. 1 -26-12 Page 3 I Mr. Hyde responded that times were tough for Caribou a few years ago and their management has aggressively turned things around. He added that the alternate to a busy, full parking lot is a dead business. He added that the proposed use will be will be a positive addition to the area and adds to the city's tax base. No other persons from the public appeared before the Commission during the public hearing on Application No. 2012 -001. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks s seconded by Commissioner Schonning, to close the public hearing on Application No. 2012 -001, at 8:10 p.m. The motion passed unanimously. The Acting Chair Pro Tem called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2012 -001 There was a motion by Commissioner Parks , seconded by Commissioner Schonning, to recommend approval of Planning Commission Application No. 2012 -001, subject to the following conditions: The Metropolitan Council approval of the land use amendment change of this site from its current OS- Office /Service Business to the proposed "Mixed Use — OS /I (Office - Service /Industrial)" designation. Furthermore, Staff believes this recommendation and requested amendment can be supported based on the following objectives and goals listed in the 2030 Comprehensive Plan (which are also memorialized in the attached Planning Commission Resolution No. 2012 -01: 1. The proposed land use amendment will improve the appearance of the city and enhance the quality of life, property values and civic pride in this Southwest neighborhood area; 2. The proposed land use amendment may help reduce and eliminate incompatible relationships among land uses (such as industry vs. housing). 3. The proposed land use amendment will reduce the geographic over - concentration of particular types of land development when that pattern has become a negative influence on the community. 4. The proposed land use amendment will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial and industrial g Y sectors; eliminates an obsolescent or deteriorating land use; and stimulates new investment in the neighborhood and community. 1 -26 -12 Page 4 5. The proposed land use amendment will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. helps to increase employment opportunities, possible retail sales, rental occupancy and tax base; ii. provides for the redevelopment of an obsolete, underutilized and vacant sites into a possible use(s) that address needs in the marketplace, and provides a more pedestrian - friendly atmosphere by including a regional trail connection as part of any future development plan; and iii. the new site will use shared parking as a means of potentially increasing density and diversity of uses. 6. The proposed land use amendment will provide an opportunity to create a new zoning district provides for a more flexible mix of land uses and to encourage good design. Voting in favor: Acting Chair Pro Tern Kuykendall, Commissioners, Morgan, Parks, and Schonning. And the following voted against the same: None The motion passed unanimously. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Parks, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:13 p.m. Chair Recorded and transcribed by: Rebecca Crass 1 -26 -12 Page 5 i I Planning Commission Information Sheet Meeting Date: January 26, 2012 Application No. 2012 -001 Applicant: City of Brooklyn Center Location: 4001 Lakebreeze Avenue N. Request: Request for Comprehensive Plan Land Use Amendment from "OS- Office /Service Business" to "Mixed Use — OS/I (Office - Service Business /Industrial) INTRODUCTION The City of Brooklyn Center is requesting to change the planned land use of an area in the community, from its current OS- Office /Service Business to" a "Mixed Use — OS /I (Office- Service Business /Industrial)" land use. The subject area is generally located in the southwest quadrant of the City, bounded by Azelia Avenue to the west, Lakebreeze Avenue to the north and Hwy 100 to the east and south. The subject property is addressed as 4001 Lakebreeze Avenue North. To facilitate this change, the City needs to amend the City's adopted 2030 Comprehensive Plan. This specific amendment would consider revising the current underlying land use of "OS- Office Service Business" to include an "industrial" element, which would allow a "Mixed -Use Office - Service /Industrial land use designation. Should the Planning Commission provide a favorable recommendation and City Council accepts the amendment, Staff will request authorization to submit an official application of said amendment to the Metropolitan Council, as required by the Metropolitan Land Planning Act. This report will provide background information, an analysis, and suggested recommendations to this land use amendment request. This item is being presented under a public hearing, with proper notice published in the local newspaper and mailed to the surrounding property owners. BACKGROUND The 4001 Lakebreeze Avenue property was formerly home to Northwest Athletic Club, which was acquired by Lifetime in 2006. Shortly thereafter, the club facilities were demolished and the site cleared. This parcel is approximately 7.4 acres in size and is currently zoned C -2 (Commerce). The former Denny's Restaurant parcel located immediately east of the Lifetime site was condemned by MnDOT in 2003 as part of the reconstruction of the TH 100 project. This remnant parcel is approximately 1.27 acres in size and was originally zoned C -2 (Commerce) when it functioned as the restaurant. Subsequent zoning map revisions identified this parcel as generic "right -of -way" category. The underlying land use was revised from "Retail Business" in the 2020 Comprehensive Plan to "Roadways" in the 2030 Plan update. The total combined area of these two parcels is 8.67 acres of land for redevelopment purposes. For the purpose of this report, the combined parcels are referred to as the "subject site." R_ 01 -2612 Page 1 of 13 The Highway 100 improvement project, completed in 2006, converted the nearby on- grade, signalized intersection of France Avenue and Hwy 100 into a typical, freeway on/off ramp designed interchange. These highway improvements with the France Avenue overpass included a raised road -bed entrance /exit ramps onto Hwy 100. These raised ramps and retaining wall systems located along the easterly and southerly edges of the site greatly impact the visibility of the subject site from Hwy. 100 , which has affected the marketablilty, value and highest and best use of this site for retail and /or commercial uses. The subject area consists of two separate parcels; the former Northwest Athletic Club and the P former Denny's Restaurant developments. Real Estate Recycling (RER) is seeking the opportunity to redevelop these two parcels with a new 123,758 sf. office / manufacturing / warehouse facility. A critical component of this redevelopment is the site must be rezoned from its current C -2 (Commerce) to an industrial zoning or other accommodating district. Prior to any rezoning, the properties must undergo consideration of a land use amendment. RER's development would necessitate the reconstruction of the Azelia Ave. road -bed and installation of a cul -de -sac to accommodate commercial trucks entering /exiting the site. The subject site is surrounded by I -2 Heavy Industry zoning to the north; R -4 Multiple Family Residence to the northwest; R -2 Two Family Residence to the west; and R -5 Multiple Family Residence to the southwest. The I -2 zone is virtually filled -in with existing office /warehouse developments. The R -4 area consists of a number of 4 -plex apartment buildings interspersed with single - family homes. The R -2 zone to the west consists of a number of single- family homes with two - family (duplex) homes; while the R -5 zone contains the Twin Lake Condos complex. This R -5 and part of the adjacent R -2 zoned areas are separated or buffered from this redevelopment site by a large natural berm and mature tree line along this boundary line. The remaining portion of the R -2 zone is separated by the dead -ended road section of Azelia Avenue North. During preliminary testing and soil investigations of the subject site, RER discovered some potential volatile organic compounds and petroleum compounds which may require soil clean up and remediation work. Some of this contamination may have been a direct result of the former Joslyn Pole Yard Manufacturing (wood treatment) site to the north. The City, in conjunction with RER has applied for grants through the Department of Employment and Economic Development and Met Council's Tax Base Revitalization programs to assist in funding a Phase II Site Investigation Work Plan. On December 16, 2011, the City was notified by DEED that we received a $50,000 grant to assist in the investigation of contaminants on the subject site. LAND USE & ZONING HISTORY In reviewing early city records, including previously adopted comprehensive plans and zoning maps, it appears this property has undergone a number of changes throughout the last four decades. A 1957 aerial view shows the site was vacant with what appears to be a small farm- house near the southwest corner, and the Joslyn Pole Yard company site located to the north. In 1961, the subject site was zoned I -1 (Limited Industry). t PC 01 -26 -12 Page 2 of 13 r �� l,� e'er • �• ��` ' J "� ?' ' =�`- .=? SSE •., , '1 - , ^ ,il _ -�} Y ac,nas� + -<_ I I'i ...I.�1 RYAN L<,KE !il �� n i t t I(.I�r!I, 11�lt, IIF �a :� U t r it • � / -� �� i1 n r 1957 Aerial 1961 Zoning In November 1966, the City adopted its first comprehensive plan. The land use plan map identified the city's 20 -year planned land use designations from 1965 to 1985. The subject site was identified under this future land use plan as "Single Family" uses. The areas to the north were guided as Industrial (Joslyn site) and Multi- Family. — e s�� �� INDUSTRIAL SINGLE — FAMILY 3 L I( PC 01 -26 -12 Page 3 of 13 Sometime between 1961 and 1974, the subject site and surrounding properties were rezoned from I -1 to I -2 (General Industry), as shown on the old zoning map in the lower right. The subject site appears to remain vacant, with the Davies Water Supplies and Dale Tile companies shown just north of the site. °m 01 :n�v Ul �5 J, { _ -_ 112 R003'i50�EE �' -�� RYAN LAKE 1971 Aerial 1974 Zoning In 1975 the Dale and Davies families created Dale and Davies 1 Addition on their properties to the north of the subject site, and the Dale family created Dale and Davies 2 nd Addition on the subject site to the south in 1977. In that same year, Dale and Davies rezoned (Ord. No. 77 -7) the two property sites from I -2 to C -2 (Commerce). Since that time, the subject site has remained C- 2 while the northern properties eventually converted back to I -2 (General Industry). In 1982, the City updated and adopted the 2000 Comprehensive Plan. Under this plan, the subject site was identified under the existing land use map as "Undeveloped" and "Commercial" (the Denny's parcel). The future land use map (lower right) indicated the undeveloped segment should be revised to "Commercial" as well. The plan provided a justification to this study area and other preferred land use changes based on the overarching statement that "certain land parcels have become ripe for redevelopment; either to a nevi and different type u1se or to a more intense activity. " Furthermore, the Plan stated that these revisions "... indicate the recommended uses of particular land parcels ivhich the City of Brooklyn Center feels should he amended in zoning and /or those parcels ivhich are vacant and simply receiving a reaffirmation of the City's intent for them. " PC 01 -26 -12 Page 4 of 13 = r H J r ih V P I�� y i ` ; ' :• i 1 1 _ —_ ._ 3i �� �� rl i 15. Public Open Space 4 �I r J r,!�, _ 16. Public Open Space ��•• - J —i "' - -I 17. Mid- Density Residential 19. Light dus Intrial >19. carrmercial 20. Lew- Tensity Residential 21. Service/Mice 22. Low- Iknsity Residential In 1998, the City again adopted its 2020 Comprehensive Plan update, and tinder that plan, the subject site was revised to the "Retail /Business" land use category. This RB land use complies with the existing and approved C -2 zoning on the subject site. LEGEND: Single- Family Residential Office /Service Business Two •Family Residential Pa4s and Open Space 0 Medium-Density Residential 0 Industrial 0 HigF�Dersih/ Residential © Public and Semi - Public Retail Business Undeveloped � lak /Crak PC 01 -26 -12 Page 5 of 13 Finally, in 2010, the City adopted its 2030 Comprehensive Plan update, which revealed once again a change to the subject site from the previous 2020 Plan's "Retail- Business" to a new "OS- Office /Service Business" category. Legend F_ i)IinaL4_' rn(r[r.: Ul- ' Single Family SF UP RO 7— o[ Thrca Family TF T—h... (Utdium Dcnsily) TH MMIt Famdy(High Dcnsity) NF oama:�arvi os Ralad Eusma RE ! H:duslrial I Railroad or Wilily RU = t Puhlic and S•ami.Puhllc PS - - - SCIiJCIS S - IIIIIIIIIII! Parks. Recreation. or OPcn FRO ' Vacant Lakes and R'va[s yy [__I AI[PUIl sl (Note: the Denny s /MnDOT parcel was revised to Roadways under this plan.) The 2030 Comp Plan did not provide specific reasoning or justification in changing this land use category on the subject site. The updated land use plan did however, provide the following statements: "This Land Use Plan is intended to be flexible enough to respond to changing circumstances and market demands. The zoning ordinance more strictly defines the range of use possibilities. Some parcels show two or more potential land uses where more than one use seems appropriate, or show a use that may become feasible over the long -term rather than in the near future. As an example, a single - family home in need of redevelopment may be designated retail business or office service because of its location on an arterial roadway, but may continue to be zoned single - family until such time as redevelopment is proposed. Other areas need further study before any changes in land use are proposed." The 2030 Plan also provides descriptions for these new land use categories, which are indicated on the following map illustration and noted as follows: Commercial /Industrial Land Use • Office /Service Business (OS) — Predominantly administrative, professional, or clerical services, including medical clinics. • Retail Business (RB) — Provision of goods or services. • Industrial (1) — Primarily manufacturing and /or processing of products; could include light or heavy industrial land use, or large warehouse facilities. PC 01 -26 -12 Page 6 of 13 D RB ' FHB OSIRB OS THIMFIOSIRBIP .r OSIRB - �cSSIRL83 �t SF - -Ave— z SFITFlTH1MF BB SF E IE Upper Twin lake a 1 � = THIMFIOSIRBIPS As part of the "flexibility" indicated earlier, the 2030 Plan also provided planned mixed uses, which was supported by the Comp Plan's land use plan statement: "...parcels [may] show two on more land uses where more than one use seems appropriate, or show a use that may become feasible over the long -term rather than in the near future." For example, the Opportunity Sites within the Central Commerce District are shown with THIMF /OS/RB/PS (Townhomes/Multi- Family/O_ffice- Service /Retail Business /Public Services); the Shingle Creek Industrial Park, which provides a mixture of office - services, hospitality and retail /commercial users along with existing light industrial uses; and Brooklyn Boulevard Corridor with similar mixed land uses along this important northlsouth major arterial roadway system. ANALYSIS The following analysis will be based on offering an "industrial" element to the existing OS- Office /Service Business land use, and consider a new mixed land use designation of Mixed Use OS/I - Office - Service Business/Industrial ". If the Planning Commission and City Council accept this land use amendment, the subject site would likely be presented under future consideration of rezoning from C -2 (Commerce) to a PUD -Mixed C -24-1 (Commerce /Industrial Park) district. The analysis contained in this report does not include any findings or supporting statement related to this proposed rezoning. This analysis will only provide justification and reasoning to PC 01 -26 -12 Page 7 of 13 support this amendment which Staff believes are based on a number of factors, with the following being important for the Planning Commission's consideration: 1) Current market conditions of the area and community; 2) Highway 100 Improvements, including the adjacent France Avenue /Lakebreeze Avenue interchange; 3) Recent development inquiries on the subject site, including: a. RER's office warehouse facility; b. Surly Brewing's new headquarters, which would include an expanded brewery, tap room, restaurant with a conference /meeting facility; and c. FBI's Regional Filed Office was 'a candidate site, which was dismissed due to location (proximity to support retail - commercial services) and lack of transit services. The City Code does not provide a set of criteria or means of determining a land use amendment of this nature; therefore, Planning Staff is electing to utilize those criteria listed under the City's "Rezoning Evaluation Policy and Review Guidelines" contained in Section 35 -208 (revised for the purposes of this analysis section) to discern or ascertain the merits of this land use change. a. Is there a clear and public need or benefit [ for this land use amendmentl It is staff's opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the City. The current office /warehouse facilities and operations to the north of this site (i.e. Caribou Coffee, Toro, Wagner Spray Tech) have created a proven track - record of successes in this area for these types of office /warehouse developments. The redevelopment of this site will provide a balance to the overall business needs of the community and the other needs of adjoining properties. The redevelopment will provide an increase to the tax base in the community and may provide full -time employment opportunities. Addressing the clean -up of polluted soils that can pose a risk to health and the environment is an obvious public benefit and creating jobs on a site that is vastly underutilized. The proposal addresses the public needs and benefits in a way that makes it possible for the developer to do so in an economically feasible manner. The Applicant intends to correct and clean-up the polluted soils are currently affecting or impacting this site, which represents a significant risk to human health and the environment. The site currently vacant brings zero jobs and minimal tax base to the site. Redevelopment will remove the pollution, clean up the site and bring jobs and higher tax base to the City. b. Is the proposed land use amendment consistent and compatible with the surrounding land use classifications? It is staff's belief that the proposed land use amendment would be consistent with those uses north of Lakebreeze Avenue in the Twin Lakes Business Park, and would remain PC 01 -26 -12 Page 8 of 13 r compatible with the already established surrounding land uses and neighborhoods. As stated previously, the redevelopment site is subject to added setbacks and buffering requirements, especially from adjacent residential uses. These increased setbacks, screening and landscaping measures will reduce the impacts to the residential areas. Staff would further comment that the proposed amendment should be consistent and compatible with surrounding land use classifications from the standpoint that this site served as a very busy commercial enterprise (health club) for number of years before its removal in 2006, and the potential mix of retail business and clean industrial uses should be less intensive than what the stand -alone C -2 zoning would allow today. New uses under this mixed land use can co -exist with abutting properties provided appropriate screening and buffering is maintained and other requirements of the overlay zoning district are maintained as well. c. Can all proposed uses in the proposed land use amendment area be contemplated for development of the subject property? Under a future planned unit development, the City Staff can identify and plan for specific uses to be developed under the overall PUD site. This will enable the City and Developer(s) an ideal means of selecting and targeting those specific uses that are most appropriate for this area and would be a good fit for the neighborhoods. Under a straight C -2, I -1 and /or I -2 zoning district, a large number of uses would be permitted or allowed by special use. By creating this Mixed OS /I land use, followed by a PUD -Mixed C -2/I -1 zone, the City can designate specific or allowable uses, and specify special requirements as necessary. For further consideration, appended to this report are the I -1 (Industrial Park) uses; C -2 (Commerce) uses; and C -1 and C-lA (Service /Office) uses. Please take careful notice of the differing uses (both permitted and special uses) found under each district. d. Have there been substantial physical or land use changes in this area since the subject property was amended In reviewing previous zoning records and land use maps, the zoning and land use in this area has seen a number of changes throughout the years. The last zone change on this site took place in 1977 (from I -2 to C -2); however, the subject site has seen a number of land use changes in the past four decades. For the most part, the underlying land use has kept pace with the C -2 zoning established on the subject site since 1977. The obvious physical change on the subject site was the demolition and site clearance of the former Denny's Restaurant in 2003; the Northwest Club facilities in 2006; and the Hwy. 100 improvements, especially the intersection interchange and ramps. With the removal of these former developments, and the physical results created by Hwy. 100 /France Avenue intersection improvements, the owners and City has been dealing with a "raw- land" situation since 2006, which began a slow decline in the viability of the site with a new retail or commercial (C -2) type development. PC 01 -26 -12 Page 9 of 13 The recent change to OS- Office /Service Business reflected the changes to HWY 100 and the freeway interchange, and the market conditions of the day. The loss of frontage and visibility due to this highway improvement created a need to re- examine this area and provide an alternative to Retail Business land use. Regardless of this fact, the proposed Mixed OS /I land use will provide an opportunity to change the C -2 Zone to a much more flexible and workable PUD -Mixed C -2/I -1 zoning. If appropriate screening and buffering can be provided to the residential areas, the intended use of this property for light commercial and /or light industrial purposes is an acceptable change. Making the site consistent with the development to the north can be considered a positive for the City. e. In the case of City initiated land use amendment proposals, is there a broad public purpose evident? The land use amendment will provide an opportunity to redevelop a site that has been sitting vacant for a number of years. The broad public purpose to initiating this land use amendment was created due to the situation or circumstance surrounding the improvements made under the Hwy. 100 project, which resulted in this site not being entirely suited for retail or commercial uses, or even large -scale offices or corporate headquarter type uses. The amendment will also provide the following added benefits to the community: i) redevelopment of a tract of land that has remained vacant and under- utilized for number of years; ii) an opportunity to provide a site clean-up project and reduce or eliminate any current or future environmental impacts; iii) an increase to the manufacturing/processing sector of the community; iv) increase the employment opportunities for the residents and surrounding communities; and v) provides an increase to the overall tax -base. The amendment may also provide an immediate opportunity to RER to forge ahead with their development plan, which may in turn meet or satisfy these benefits noted herein. RER's plans may also provide an ideal example of a successful marketing of an economic development plan, potential notoriety to the community with future tenants, and stability to the neighborhood. L Is the subject property generally unsuited for uses permitted in the present land use category with respect to size, configuration, topography or location? As noted previously, the current OS- Office /Service Business land use category would provide for such uses as "Predominantly administrative, professional, or clerical services, including medical clinics." In Staffs opinion, this area is not entirely established or suitable for this land use or type of uses, which fall under a typical C- 1 /C-lA Service Office district uses. These uses are more appropriately found and designated in the PC 01 -26 -12 Page 10 of 13 Central Commerce District or the community's established major arterial road systems, such as Brooklyn Boulevard. The topography leaves the site lower than the adjacent Highway 100 roadway system, which would require elevating or building a large, multi- story building to increase frontage or visibility of the office - building site commonly expected in similar office complexes. The subject site is also located approximately 3 /a to 1 mile from other retail and commercial uses, and the same distance away from any transit services. The site is more geared for a large corporate headquarters, which may also be difficult to attain due to limited visibility. By adding the industrial element to this Office /Service Business guided land site, this will provide the flexibility the City is seeking in establishing a more viable and workable "mixed -use" development on this site. g. Will the land use amendment result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? 1) The current Comp Plan states the Land Use Plan is intended to be flexible in response to changing circumstances and market demands. The Comp Plan provides the objective of promoting the redevelopment of obsolete, underutilized or vacant sites into uses that address the needs in the marketplace. This particular land use amendment would provide an option to redevelop a new commercial or industrial type use(s) or mix of the two on this vacant, underutilized site. The proposed creation of a new PUD -Mixed C -2 /I -1 zone would keep part of the commercial zoning intact while allowing a slight expansion of industrial uses to this area, which is already in place. i 2) The 2030 Comp Plan indicates only 2 acres of vacant, industrial land are available to the community. This amendment would expand the availability of industrial land, and also keeps the viability of commercial land on the table. 3) It is staff's belief that this land use amendment is in the best interest of the community, as it provides a real and possible immediate opportunity to redevelop a vacant, undenrtilized site. The amendment is supported by the goals and objectives of the city's 2030 Comprehensive Plan. Staff further believes this amendment appears to have merit beyond just the particular interests of the Applicant/Developer and should lead to a redevelopment that should be considered consistent and compatible with surrounding land uses. As mentioned previously, the proposal can be considered in the best interests of the community noting particularly the clean -up of a polluted site and a relatively clean development. h. Does the land use amendment proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Staff believes that the land use amendment has merit beyond just the particular interests of the City and /or the developer(s), in that it provides an ideal opportunity for a planned unit development with mixed -use capabilities. It will lead to a development that can be PC 01 -2612 Page 11 of 13 i consistent and compatible with surrounding land uses. The amendment would provide a an opportunity for quality development that is consistent with the City's Comprehensive Plan and be considered in the general best interests of the community. RECOMMENDATION Staff recommends the Planning Commission provide a recommendation to the City Council to approve and process a land use amendment to the 2030 Comprehensive Plan, specifically that the subject site described herein, is amended from the current "OS- Office Service/Business" to a "Mixed Use — OS/I (Office- Service/Industrial)" land use designation, subject to the following conditions: 1) The Metropolitan Council approval of the land use amendment change of this site from its current OS -Office /Service Business to the proposed "Mixed Use — OS/I (Office- Service /Industrial)" designation. Furthermore, Staff believes this recommendation and requested amendment can be supported based on the following objectives and goals listed in the 2030 Comprehensive Plan (which are also memorialized in the attached Planning Commission Resolution No. 2012 -01: 1. The proposed land use amendment will improve the appearance of the city and enhance the quality of life, property values and civic pride in this Southwest neighborhood area; . 2. The proposed land use amendment may help reduce and eliminate incompatible relationships among land uses (such as industry vs. housing). 3. The proposed land use amendment will reduce the geographic over - concentration of e e en en t become a negative particular t of land development t wh that pattern has b me influence on the community. 4. The proposed land use amendment will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial and industrial sectors; eliminates an obsolescent or deteriorating land use; and stimulates new investment in the neighborhood and community. 5. The proposed land use amendment will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. helps to increase employment opportunities, possible retail sales, rental occupancy and tax base; ii. provides for the redevelopment of an obsolete, underutilized and vacant sites into a possible use(s) that address needs in the marketplace, and provides a more pedestrian- friendly atmosphere by including a regional trail connection as part of any future development plan; and PC 01 -26 -12 Page 12 of 13 iii. the new site will use shared parking as a means of potentially increasing density and diversity of uses. 6. The proposed land use amendment will provide an opportunity to create a new zoning district provides for a more flexible mix of land uses and to encourage good design. PC 01 -26 -12 Page 13 of 13 ' I Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2012 -01 RESOLUTION RECOMMENDING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FROM OS= OFFICE /SERVICE BUSINESS TO MIXED -USE OS/I — OFFICE - SERVICE BUSINESS /INDUSTRIAL, RELATIVE TO THE COMMERCIAL ZONED LAND GENERALLY LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY, BOUNDED BY AZELIA AVENUE TO THE WEST, LAKEBREEZE AVENUE TO THE NORTH, AND HWY 100 TO THE EAST AND SOUTH OF THE PROPERTY (ADDRESS IS 4001 LAKEBREEZE AVENUE NORTH) WHEREAS, on March 11, 2010, the Planning Commission unanimously approved the adoption of Planning Commission Resolution No. 2010 -01, a resolution recommending that the Brooklyn Center City Council adopt the 2030 Comprehensive Plan Update; and WHEREAS, on March 22, 2010, the City Council unanimously approved the adoption of Resolution No. 2010 -65, a resolution adopting the 2030 Comprehensive Plan Update; and WHEREAS, LTF Real Estate Company, Inc. owns a 7.39 acre parcel generally described in the heading of this resolution and which parcel is addressed as 4001 Lakebreeze Avenue North, and the State of Minnesota owns a 1.27 acre remnant parcel adjacent to and immediately east of the LTF owned parcel, and which two parcels as noted herein shall be known as the "Subject Site "; and WHEREAS, Real Estate Recycling, Inc. (RER) is proposing a redevelopment plan on the subject site of an approximate 124,000 sq. ft. office /manufacturing/warehouse facility, which requires rezoning, site and building plan and platting to complete; and WHEREAS, the current zoning of C -2 (Commerce) and underlying land use OS- Office /Service Business as identified in the 2030 Comprehensive Plan would not allow the redevelopment of this site as planned by RER under such zoning and land use category; and WHEREAS, the City of Brooklyn Center initiated this land use amendment to the 2030 Comprehensive Plan in order to change the current land use designation of OS- Office /Service Business to Mixed -Use OS/I — Office- Service Business/Industrial; and WHEREAS, subject to a successful outcome of this land use amendment action, the City will recommend RER consider a new planned unit development under a new PUD -Mixed C- 2/I -1 (Commerce /Industrial Park) zoning classification on the Subject Site, to be considered under separate action and public hearing at a future Planning Commission meeting; and 1 i WHEREAS, the Planning Commission held a duly called public hearing on January 26, 2012, whereby a planning staff report was presented and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the land use amendment request in light of all testimony received, the guidelines for evaluating and determining the land use amendment as contained in the January 26, 2012 planning staff report, and the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the land use amendment to change the current land use designation of OS-Office/Service Business to a Mixed -Use OS /I — Office - Service Business/Industrial on the subject property, be approved based upon the following findings: 1. The proposed land use amendment will improve the appearance of the city and enhance the quality of life, property values and civic pride in this Southwest neighborhood area; 2. The proposed land use amendment may help reduce and eliminate incompatible relationships among land uses (such as industry vs. housing). 3. The proposed land use amendment will reduce the geographic over- concentration of particular types of land development when that pattern has become a negative influence on the community. 4. The proposed land use amendment will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial and industrial sectors; eliminates an obsolescent or deteriorating land use; and stimulates new investment in the neighborhood and community. 5. The proposed land use amendment will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. Will help to increase employment opportunities, possible retail sales, j rental occupancy and tax base; ii. Provides for the redevelopment of an obsolete, underutilized and vacant sites into a possible use(s) that address needs in the marketplace, and provides a more pedestrian - friendly atmosphere by including a regional trail connection as part of the Developer's site plan; iii. The new site will use shared parking as a means of potentially increasing density and diversity of uses. 2 i i 6. The proposed land use amendment will provide an opportunity to create a new zoning district provides for a more flexible mix of land uses and to encourage good design. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that that the land use amendment to change the current land use designation of OS- Office /Service Business to a Mixed -Use OS /I — Office - Service Business /Industrial be approved subject to the following conditions: 1. The Pp g Metropolitan Council approval of the land use amendment change of this site p from its current Office /Service Business to the proposed "Mixed -Use OS/I — Office- Service Business/Industrial" designation. Date Chair ATTEST Secretary 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. Chair , Commissioners and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 3 Section 35 -330. I -1 INDUSTRIAL PARK. 1. Permitted Uses a. The following manufacturing activities: 1) Food and kindred products as illustrated by: Dairy products Bakery products Confectionery and related products Beverages, including beer, wine, and distilled alcohol Macaroni, spaghetti, and noodles 2) Apparel and other finished products made from fabrics, leather, and similar materials. 3) Lumber and wood products, except saw mills and planning mills producing a dimensioned lumber. 4) Furniture and fixtures. 5) Converted paper and paperboard products (as opposed to paper and paperboard manufacturing). 6) Printing and publishing and allied industries. 7) Chemicals and allied products as follows: Drugs Soaps, detergents and cleaning preparations Perfumes, cosmetics and other toilet preparations (compounding and packaging only) 8) Miscellaneous plastic products. 9) Fabricated metal products as illustrated by: Office computing and accounting machines Household appliances Electrical lighting and wiring equipment Communication equipment, including radio and television receiving sets Electronic components and accessories Screw machine products City of Brooklyn Center City Ordinance 0 10) Professional, scientific, electronic and controlling instruments, photographic and optical goods, watches and clocks. 11) Miscellaneous manufacturing such as jewelry and silverware, musical instruments and parts, toys, amusement, sporting and athletic goods and pens, pencils and other office and artistic material 12) Assembly of electric powered vehicles. 13) Adult establishments. b. The following wholesale trade activities: 1) Automotive equipment 2) Drugs, chemicals and allied products 3) Dry goods and apparel 4) Groceries and related products 5) Electrical goods 6) Hardware, plumbing, heating .equipment and supplies 7) Machinery, equipment and supplies 8) Other wholesale trade similar in nature to the aforementioned uses such as paper and paper products, furniture, and home furnishings, and beer, wine and distilled alcoholic beverages, but expressly excluding petroleum bulk stations and scrap and waste materials and similar uses. C. The following service activities: 1) Laundering, dry cleaning and dyeing 2) Contract construction 3) Kennels 4) Veterinarian and animal hospitals d. Public transportation terminals (excluding truck terminals). e. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to City of Brooklyn Center City Ordinance include vYithout being restricted to the following: 1) Offstreet parking and offstreet loading. 2) Signs as permitted in the Brooklyn Center Sign Ordinance. 3) Storage of raw materials, work in process and inventory, provided. such storage is within completely enclosed buildings. f. Other uses similar in nature to the aforementioned uses, as determined by the City Council. 2. Special Requirements a. See Section 35 -413 of these ordinances. 3. Special Uses a. Foundries, provided that the foundry operation is a necessary incident to a principal use permitted in the I -1 district. b. Textile mills. i C. Retail sales of products manufactured, processed, warehoused, or wholesaled on the use site. d. Accessory ff -site parking not located on the same property with the principal rY P g p p Y p p use, subject to the provisions of Section 35 -701. e. Those commercial developments which, in each specific case, are demonstrated to the City Council to be: 1) Compatible with existing adjacent land uses as well as with those uses permitted in the I -1 district generally. 2) Complementary to existing adjacent land uses as well as to those uses permitted in the I -1 district generally. 3) Of comparable intensity to permitted I -1 district land uses with respect to activity levels. 4) Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park or the community. and, which are described in Section 35 -322, Subsection 1 d, e (subparts 1- F I City of Brooklyn Center City Ordinance 6), f, (subparts 2 and 3), g through j; 3 in and 3 p. Such commercial developments shall be subject to I -1 district requirements of Section 35- 400 and 35 -413 and shall otherwise be subject to the ordinance requirements of the use classification which the proposed development represents. g. Warehousing and storage uses which, in each specific case, are demonstrated to the City Council to be: 1) Compatible with existing adjacent land uses as well as with those uses permitted in the I -1 district generally. 2) Of comparable intensity to permitted I -1 district land uses with respect to activity levels. provided such uses shall adhere to applicable requirements in the I -1 district and shall not involve maintenance or servicing of vehicles on the site. i. Other noncommercial uses required for the public welfare as determined by the Council, including accessory outside storage of materials when screened from public view by an opaque wall. City of Brooklyn Center City Ordinance 1 City of Brooklyn Center Section 35 -322. C2 COMMERCE DISTRICT. 1. Permitted Uses a. The retail sale of food. b. Eating establishments, provided they do not offer live entertainment and further provided that the category does not permit drive -in eating places and convenience -food restaurants. C. The following uses: 1) The retail sale of heating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies. 2) The retail sale of tires, batteries and automobile accessories and marine craft accessories. 3) The retail sales of apparel and related accessories. 4) The retail sale of furniture, home furnishings and related equipment. 5) The retail sale of miscellaneous items such as the following: Drugs and proprietary items Liquors Antiques and secondhand merchandise Books and stationery Garden supplies Jewelry Flowers and floral accessories Cigars and cigarettes Newspapers and magazines Cameras and photographic supplies Gifts, novelties and souvenirs Pets Optical goods Sporting goods and bicycles d. Service /office uses described in Subsection 1(b) through 1(u), Subsection 1(w), and Subsection 3(c) of Section 35 -320. e. The following repair /service uses: 1) Electrical repair service shops. City of Brooklyn Center City Ordinance City of Brooklyn Center 2) Household appliances, electrical supplies, heating and plumbing equipment. i 3) Radio and television repair service shops. 4) Watch, clock and jewelry repair service shops. 5) Reupholstery and furniture repair shops. 6) Laundering, dry cleaning and dyeing. 7) Equipment rental and leasing services. f. The following medical and health uses: 1) Hospitals, not including animal hospitals. 2) Medical laboratories. 3) Dental laboratories. 4) Nursing care homes, (at not more than 50 beds per acre), provided that these institutions shall where required by state law, or regulation or by municipal ordinance, be licensed by the appropriate state or municipal authority. g. The following contract /construction uses: 1) Building construction contractors' offices. 2) Plumbing, heating and air conditioning contractors' offices. 3) Painting, paper hanging and decorating contractors' offices. 4) Masonry, stone work, tile setting and plastering contractors' offices. 5) Carpentering and wood flooring contractors' offices. 6) Roofing and sheet metal contractors' offices. 7) Concrete contractors' offices. 8) Water well drilling contractors' offices. h. Nonresidential educational uses including Area Learning Centers (ALC), City of Brooklyn Center City Ordinance City of Brooklyn Center I post - secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K -12). L Accessory uses, incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1) Offstreet parking and offstreet loading. 2) Signs as permitted in the Brooklyn Center Sign Ordinance. 3) Outside display and sale of merchandise provided that an administrative permit is first obtained pursuant to Section 35 -800 of these ordinances. j. Other uses similar in nature to the aforementioned uses, as determined by the City Council. k. Drop -in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. 2. Special Requirements a. See Section 35 -412 of these ordinances. 3. Special Uses a. Gasoline service stations (see Section 35 -414), motor vehicle repair and auto washes provided they do not abut an Rl, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space. b. The sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal building) provided adequate parking is available consistent with the Section 35 -704, 2 (b) and 2 (c). C. Drive -in eating establishments and convenience -food restaurants provided they do not abut an Rl, R2, or R3 district including abutment at a street line. (However, convenience food restaurants without drive -up facilities and located within the principal structure of a shopping center of over 250,000 sq. ft. of gross floor area shall be considered a permitted use.) City of Brooklyn Center City Ordinance City of Brooklyn Center i d. Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an RI, R2, or R3 district, including abutment at a street line. e. The sale of motor vehicles at retail provided the use is conducted on at least a three (3) acre parcel of land containing a structure or structures occupying a minimum of fifteen percent (15 %) of said parcel of land. f. The out -of -door display and sale of marine craft at retail. g. Transient lodging. h. Animal hospitals. i. Public transportation terminals (excluding truck terminals). j. Clubrooms and lodges. k. Accessory off -site parking not located on the same property with the { principal use, subject to the provisions of Section 35 -701. 1. Sauna establishments and massage establishments, provided they do not abut any residential (Rl through R7) district, including abutment at a street line. m. School bus garage facilities provided all storage, including vehicles, and minor servicing and minor repair shall be conducted wholly within an enclosed building and further provided it does not abut any residential (R1 through R7) districts, including abutment at a street line. n. Amusement centers provided the property on which the amusement center is to be located is not within 150 feet of any residentially zoned (Rl through R7) property. o. Automobile and truck rental and leasing. P. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and suntan studios. q. Group day care facilities provided that such developments, in each specific case, are demonstrated to be: 1) Compatible with existing adjacent land uses as Well as with those uses permitted in the C2 district generally. City of Brooklyn Center City Ordinance City of Brooklyn Center 2) Complementary to existing adjacent land uses as well as with those uses permitted in the C2 district generally. 3) Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4) Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5) Traffic generated by other uses on the site will not pose a danger to children served by the day care use. Furthermore, group day care facilities shall be subject to the special requirements set forth in Section 35 -412. I City of Brooklyn Center City Ordinance City of Brooklyn Center Section 35 -320. Cl SERVICE /OFFICE DISTRICT. 1. Permitted Uses The following service /office uses are permitted in the Cl district, provided that the height of each establishment or building shall not exceed three stories, or in the event that a basement is proposed, three stories plus basement: a. Nursing care homes, (at not more than 50 beds per acre), provided, however, that such institutions shall, where required by state law, or regulations of the licensing authority, be licensed by the appropriate state or municipal authority. b. Finance, insurance, real estate and investment office. C. Medical, dental, osteopathic, chiropractic and optometric offices. d. Legal office, engineering and architectural offices, educational and scientific research offices (excluding laboratory facilities), accounting, auditing and bookkeeping offices, urban planning agency offices. e. Places for religious assemblies such as chapels, churches, temples mosques, and synagogues. £ Beauty and barber services. g. Funeral and crematory services. h. Photographic services. i. Apparel repair, alteration and cleaning pickup stations, shoe repair. j. Advertising offices, provided that the fabrication of signs shall not be a permitted use. k. Consumer and mercantile credit reporting services office, adjustment and collection service offices. 1. Duplicating, mailing and stenographic service offices. m. Employment agency offices. n. Business and management consultant offices. o. Detective and protective agency offices. City of Brooklyn Center City Ordinance I City of Brooklyn Center P. Contractor's offices. q. Governmental offices. r. Business association, professional membership organizations, labor unions, civic, social and fraternal association offices. S. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1) Offstreet parking and offstreet loading. 2) Signs as permitted in the Brooklyn Center Sign Ordinance. 4) The compounding, dispensing or sale (at retail) of drugs, prescription items, patent or proprietary medicines, sick room supplies, prosthetic devices or items relating to any of the foregoing when conducted in the building occupied primarily by medical, dental, osteopathic, chiropractic or optometric offices. 4) Retail food shops, gift shops, book and stationery shops, tobacco shops, accessory eating establishments, sale and service of office supply equipment, newsstands and similar accessory retail shops within multistory office buildings over 40,000 sq. ft. in gross floor area, provided: that there is no associated signery visible from the exterior of the building; there is no carry -out or delivery of food from the lot; and the total floor area of all such shops within a building shall not exceed 10% of the total gross floor area of the building. t. Other uses similar in nature to the aforementioned uses as determined by the City Council. U. Financial institutions including, but not limited to, full- service banks and savings and loan associations. V. Drop -in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. W. Leasing offices, provided there is no storage or display of products on the use site. x. Libraries and art galleries. City of Brooklyn Center City Ordinance City of Brooklyn Center 2. Special Requirements a. See Section 35 -411 of these ordinances. a 3. Special Uses a. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. b. Group day care facilities provided that such developments, in each specific case, are demonstrated to be: 1) Compatible with existing adjacent land uses as well as with those uses permitted in the C 1 district generally. 2) Complementary to existing adjacent land uses as well as to those . uses permitted in the C1 district generally. 3) Of comparable intensity to permitted Cl district land uses with respect to activity levels. 4) Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5) Traffic generated by other uses on the site will not pose a danger to children served by the day care use. and further provided that the special requirements set forth in Section 35 -411 are adhered to. C. Instructional uses for art, music, photography, decorating, dancing and the like and studios for like activity. d. Nonresidential educational uses including Area Learning Centers (ALC), post - secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K -12). Section 35 -321. CIA SERVICE /OFFICE DISTRICT. 1. Permitted Uses (No height limitation) a. All of the permitted uses set forth in Section 35 -320 shall be permitted in a building or establishment in the C1A district. City of Brooklyn Center City Ordinance City of Brooklyn Center b. Transient Lodging and Associated Uses. 2. Special Requirements a. See Section 35 -411 of these ordinances. 3. Special Uses a. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. b. All of the special uses set forth in Section 35 -320 shall be allowed by special use permit in the C1A district. I City of Brooklyn Center City Ordinance City of Brooklyn Center Section 35 -411. SPECIAL REQUIREMENTS IN Cl AND CIA DISTRICTS. 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building. Semi - trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. 2. Incineration of waste material shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning official and sanitarian. 3. Where a C1 or CIA development abuts an R1, R2 or R3 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than 15 feet wide with an opaque fence or wall or a Council approved substitute. The protective strip shall not be used for parking, driveways, off - street loading or storage and shall be landscaped. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the Cl or CIA area. A proposed fence or wall shall be no less than four feet in height and shall not extend within 10 feet of any street right -of- way. 4. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -230. No parking shall be permitted within 35 feet of any major thoroughfare right -of -way or within 15 feet of any other right -of -way and the 35 foot or 15 foot area shall be maintained as a green strip. The site layout shall include an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. 5. On developments of sufficient magnitude so as to require on -site water main, sewer main, storm sewer, or storm drainage facilities construction, plans for such utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site utilities construction is required, the land owner or developer shall enter into a utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspection or repairs that are in the public interest.. 6. In the case of group. day care facilities, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height; or a Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. 7. Nursing care homes shall provide one six inch diameter tree per 14 beds. Tree species shall be long -lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. City of Brooklyn Center City Ordinance City of Brooklyn Center Section 35 -412. SPECIAL REQUIREMENTS IN C2 DISTRICTS. 1. All storage display, service, repair or processing shall be conducted wholly within an enclosed building or behind an opaque fence or wall not less than six feet high, or high enough to completely screen the storage or other activity from view of the abutting at gr ound level. Semi - trailers may not be used for the out of door storage p ro p erty t�' Y e of g materials, equipment, merchandise, inventory, etc. The outdoor storage of merchandise during business hours on a private pedestrian walkway located contiguous to the primary building is not prohibited by this section. This requirement shall not apply to the out of door storage and display of new and used motor vehicles or marine craft for which a special use permit has been issued. Neither shall the requirement apply to the out of door retail sale of food at drive -in eating establishments for which a special use permit has been issued. Temporary outdoor storage and display of merchandise may be allowed by permit pursuant to Section 35 -800 of this ordinance. 2. Incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning official and sanitarian. 3. Where a proposed C2 development abuts an Rl, R2, or R3 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip of not less than 35 feet in width. The protective strip shall not be used for parking, driveways, off - street loading or storage and shall be landscaped. The landscape treatment shall contain an opaque fence or wall which shall not extend within 10 feet of any street right -of -way. The fence or wall design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the commercial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or wall. 4. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -230. No parking shall be permitted within 15 feet of the street right -of -way and this 15 foot area shall be maintained as a green strip. The site layout shall include an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. 5. On developments of sufficient magnitude so as to require on -site water main, sewer main, storm sewer, or storm drainage facilities construction, plans for such utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site utilities construction is required, the land owner or developer shall enter into a utilities maintenance and inspection agreement with the City, which agreement shall grant the City, the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. 6. Access from a local street intended primarily to serve residential development may only be allowed upon a finding by the City Council that such access will not negatively affect the residential character of that neighborhood. 7. In the case of group day care facilities, outside recreational facilities shall be City of Brooklyn Center City Ordinance City of Brooklyn Center l appropriately separated from the parking and driving areas by a wood fence not less than four feet in height; or Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. City of Brooklyn Center City Ordinance Land Use Amendment by the City of Brooklyn Center 4001 Lakebreeze Avenue City Council Agenda Item No. 9.a Planning Commission Application No. 2012-01 City Council Meeting February 13, 2012 Introduction c-�a Amendment to the City's 2030 Comp Plan by changing land use of "OS-Office Service/ Business" to "Mixed Use - OS/1 (Office-Service/Industrial)" designation c�a Subject site - former Northwest Athletic Club/Lifetime Fitness property - located at 4001 Lakebreeze Avenue North - along with the former Denny's Restaurant site cat Amendment will facilitate a proposed rezoning of the site from C-2 (Commerce) to Mixed PUD C2/I-1 (Commerce/Industrial Park) or similar form of zoning [yet to be determined] Location Map Jk� L OAK�TN aiaT AVE Nr _.------- �.. b1 STAVE Y 61aTAVGN`" - tr' � s✓�� Happy Ndlsw Park ,.�y .WTN AVE N_y...--___ FOTH AT N �. JA 9 497RAVE%r ---- �" _ LAKE BHt_Lt _ ' I ABTAAVE flu m 1J ..:..UKESI LIE AV former (` \� Club Fitness) Site Vf �I vzvv�CUm.4dV5 c¢�-r�rc:!wYsS;6 au5 q 51211 Q -.*-Original D. 'y { • Restaurant shown E! A ¢ ' Former :. • Club shown Toro Building site LAKE BREEZE Ax/t: 4� Coffee vacant France Ave./HWY� 00 gyp+e �• shown at-grade intersection M r � 'r I connector r_ to Lakebreeze shown '", rl•. '' .t • � ` ...fin L 2000 Aerial, , Furn'urFh • /off e IL c r r • • 90 tl < LIAM Caribou Coffee HCl. 9 Lfr'n Ira - i i \� n4-hF'FhJtA1'F � f ; 1 t t .r.: 1P \i cess MnDOT R-O-W _ (tr, be added) 'J v fmr. Lifetime Fitness site ♦ilil t _ ��p� 4C Pit.. a C% ,rr . Total (combined) area of these two parcels equate to 8.67 ± acres �H• 01 History/ Background t 1961 Zoning 1957 Aerial - rr R034IN$?ALE = _- -RYAN -t KE J Limited Industrial District i Imo` p s INDUSTRIAL s P MULTI—FAMILY P Rossi N E SINGLE—FAMILY a mwgfo�'* 7­1 1 � s , i 1966 Comp Plan - Future Land Use Map W � ^ Diu� .- • � � . r KEVIN Emil Ulm .. —� . General . a ' Srp 51S��AVF a 1975 - Dale and Davies - - 1St Addn. to the north; 907' ''`' ''' / o •'• 1977- Dale and Davies 2"d Addn. subject site 00, "~-• t ❖ 1977 - both sites rezoned from I-2 to C-2 ❖ Subject site remained C2 (Commerce) while ' 1'r northern properties 48TI� nVF. N. eventually converted - Y back to I-2 (General 477N AVE. N. Industry). IX I ca. 1991 Zoning Map 2000 Comp Plan (1982) c 71, `t ► ! %; i ':5..6;x' t41��r•� ,t •:. .. .i ."'..... i! :yn�evelop ed" cial" M ' `Commer - 15. Public Open Space ! 16. Public Open Space i •'% 17. MSd-Density Residential 0 • '• "'� 18. Light lnduntrial �' - };• 19. Commercial ! t q 4 20. Lou-Density Residential :!• (' t !' 21. Service/Office 22. Low-Density Residential "-' ' LEGEND: 0 Single-Family Residential Office/Service Business Two -Family Residential Parks and Open Space Medium-Density Residential Industrial [� Hi h-Densi Residential Public. and Semi-Public Fi Retail Business Undeveloped Lake/Creek w i � 3 s 2020 Comp Plan (1998) LAND USE PLAN - 2030 Comp Plan - Citi) of PROIRU BrooU j 11 Center Re, ' U L SF FsttYe 2-2 s SF MF Land Use Plan OSrRB Legend Re „ RB "'-� j Single Family SF OSIRB l "" Two o*Thrao family Tr 7ownhome IMedrom Density) PH RB I ��\\ �•+,�.� � ■ \` �4 MuI+I Family rMlgh Density) MF OSIRB i ® Office s."ice Busirxsa Os .• TH/MF/OSIRB/PSt I O$ ^ Ralad Business RB h OS/RB � �r ® Indmerat I O$IRB'V1t RailrwdorVlility RU --------- I Pubheand Semt-Pubhc PS Avtt � SF v `■ SF/TFRH11N1F schools S dtEO• S SF i�� Parks.Recreation,a Open PRO r = tl �t 1t Lakes and Rivers Upper Twm Lake do _ THIMF/OS/RB/PS Aiwrl Lo IIPRO Note: 1,600 B00 0 1,600 Feet Planned land use for 2030 is the same as existing M�dCe Tsnn �• land use except where parcels are outlined and o� MF% labeled with Planned Designations. R,'."raTt� ,..:.,. . � yirii'R J 7_- SF Ryan lake :B.iO famprthrn.irr P1Rn SS CURRENT LAND USE - 2030 Comp Plan Upper Twin Lake 53rd A 52nr4, Ave z Oak St St Ave r�s /PRO 50th Ave a� Middle Twin La 49th Ave of Office/Service Business OS c� - Retail Business RB _ Industrial I ::... ...•---- (-D 1II' aINTLA1 AVE A i ...............:::N.::::: Z0 ............................ O I -------------- - ---- ---- L . �• ` ............................ r-f- I ( I rD (D <� a N 3 A M 3W4 � m 0 0 O -7 _ lu .. m _ AZELIAAVE :. m m rt O _ nVdNd�4N1 m_: m s✓ C �, ��f \ m ........ ....... ,, : �.. �- ..............o..:. CD D- .. FRANCE AVE N . ..... A FRANC E.PL.N :N QQ q :N:...... ......... T \ I--. ... .. .. A .......... ........... ... A: � .............. / 1 (D : ..0 N N ... Z M 1 0 P I� Anticipated Land Use Requests c�ia Rezone the two parcels from C2 (Commerce) District to anew PUD-Mixed C2,/I-1 (Commerce/Industrial Park) cua Replat the former Lifetime Fitness parcel and former Denny's restaurant parcel into one large parcel cua Site and Building Plan consideration of yet to be determined office/manufacturing/warehouse facility (90K - 125K sq. ft.) Buffer Standards C2 vs. I-1 Districts C2 District I-1 District ❖ Where C2 development abuts an R1, ❖ Where I-1 or I-2 abuts R1, R2, or R3 R2, or R3 district other than at a at a property line, the protective strip public street line a protective strip of shall be no less than 100-ft. width. not less than 35-ft. protective strip shall not be used for ❖ The protective strip shall not be used parking, driveways, loading or for parking, driveway, off-street storage and shall be landscaped. loading or storage and shall be ❖ The landscape treatment shall contain landscaped. an opaque fence/wall (8-ft height) ❖ The fence or wall design must be Where I-1 or I-2 abuts R1, R2, or R3 ❖ at a public street line, the protective approved by the City Council buffer strip shall be no less than 50- ❖ The protective strip shall contain no ft., shall contain no structures other structures other than the approved than screening devices, shall not be fence or wall. used for parking, off-street loading, storage, or any other industrial activity, and shall be landscaped. 411"rA r r i I i . I . * rr 2+e. a•a,,t♦f tx. :L � tM '1ir4f,s ♦t�►�ftftftf ff♦tom ,;,,. 1i♦lfftf� }if+ibfitbaitbit4 t M bu vl fif ftffi,►tfi� ' ttlttttft ttttttt f / ftttt sS► + itiit tt*�� ¢ ir+�tiiitititit.r * r f•.i*�,�rf i'i"Y Y M1 w 4 r � ►tt-+k%; VA ►4ttbfb�°i a;t��� 1 -. . ♦♦f i t ► �,►� € "°�,�*■rte �.*,.. ►s r LAKE BREEZE AVE `� t � _ t • r�' y.•�Jt �2 District Buffers k� 100�. — i 100 i✓ AT Roadway Classcation -W 2030 Comp Plan T L Upper Twin Lake ^.;h Ave 110 Std PI Lilac Dr 53rd Ave N z 2-U < Oak St 51st Av, LU < Access from •a local street intended :-01h Ave 501h Ave primarily to serve residential development may Twin Lake 49th Ave only be allowed upon a finding by Lakeside Ave 4801 Ave the City Council that Ave Legend such access will not - Principal Arterial neatively affect the - A Minor Augmentor • - A Minor Reliever residential character COIIKtOr of that 2-IJ 2 Lane Undivided neighborhood. 2-D 2 Lane Divided(median with left turn lane) 3 3 Lane(center Win tane) 4-U 4 Lane Undivided 4-D 4 Lane Divided $ 5 Lanes or More Comp Plan Amendment Evaluation ❖ Is there a clear and public need or benefit [for this land use amendment]? ❖ Is the proposed land use amendment consistent and compatible with the surrounding land use classifications? ❖ Can all proposed uses in the proposed land use amendment area be contemplated for development of the subject property? ❖ Have there been substantial physical or land use changes in this area since the subject property was amended? ❖ In the case of City initiated land use amendment proposals, is there a broad public purpose evident? ❖ Is the subject property generally unsuited for uses permitted in the present land use ca te orX with respect to size, configuration, topography or location? ❖ Will the land use amendment result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? ❖ Does the land use amendment proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Staff (Recommended) Findings 1. The ro osed land u p p use amendment will improve the appearance of the city and enhance the quality of life, property values and civic pride in this Southwest neighborhood area; 2. The proposed land use amendment may help reduce and eliminate incompatible relationships among land uses (such as industry vs. housing). 3. The proposed land use amendment will reduce the geographic over-concentration of particular types of land development when that pattern has become a negative influence on the community. 4. The proposed land use amendment will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial and industrial sectors; eliminates an obsolescent or deteriorating land use; and stimulates new investment in the neighborhood and community. 5. The proposed land use amendment will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. helps to increase employment opportunities, possible retail sales, rental occupancy and tax base; ii. provides for the redevelopment of an obsolete, underutilized and vacant sites into a possible use(s) that address needs in the marketplace, and provides a more pedestrian-friendly atmosphere by including a regional trail connection as part of any future development plan; and iii. the new site will use shared parking as a means of potentially increasing density and diversity of uses. 6. The proposed land use amendment will provide an opportunity to create a new zoning district provides for a more flexible mix of land uses and to encourage good design. Recommendation Planning Commission unanimously recommends the City Council approve the proposed land use amendment to the 2030 Comprehensive Plan, from "OS-Office Service / Business" to a "Mixed Use - OS/I (Office-Service/ Industrial)" land use designation, subject to: 1) The Metropolitan Council approval of the land use amendment change of this site from its current OS- i Office/Service Business to the proposed "Mixed Use - OS/I (Office-Service/ Industrial)" designation. Recommended Action �f City Council adopts a resolution approving an amendment to the 2030 Comprehensive Plan from OS-Office/Service Business to Mixed Use OS/ I - Office-Service Business/Industrial, relative to the commercial zoned land generally located in the Southwest Quadrant of the City, bounded by Azelia Avenue to the West, Lakebreeze Avenue to the North and Hwy 100 to the East and South of the Subject Property. QUESTIONS? City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: February 7, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Mayoral Appointment of Member to Serve as Alternate Commissioner on Shingle Creek and West Mississippi Watershed Management Commissions g Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Ellen Davis, 5301 Russell Ave N #206, to serve as Alternate Commissioner on the Shingle Creek and West Mississippi Watershed Management Commissions with term to expire January 31, 2015. Background: Brooklyn Center is a member of both the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. The Shingle Creek and West Mississippi Watershed Management Commissions are a municipal joint powers agreement formed to provide an organization which can investigate, study, plan, and control the constiuction of facilities to drain or pond storm waters, to alleviate damage by flood waters; to improve the creels channels for drainage; to assist in planning for land use; to repair, improve, relocate, modify, consolidate, or abandon, in whole or in part, drainage systems within the watershed area; to do whatever is necessary to assist in water conservation and the abatement of water pollution and the improvement of water quality; to promote ground water recharge; and to protect and enhance fish and wildlife habitat and water recreational facilities. Each member city appoints one Commissioner and one Alternate Commissioner. Della Young serves as Commissioner; Abiy Assefa notified that he would not seek reappointment to a third term and served until January 31, 2012. Notice of Alternate Commissioner vacancy on the Commissions was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 since January 3, 2012. Announcement was made in the January 12, 2012, Brooklyn Center Sun -Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members on February 3, 2012. Attached for City Council Members only is a copy of the application received: Ellen Davis 5301 Russell Ave N #206 A letter was sent to the applicant notifying her that her application for appointment would be considered at the February 13, 2012, City Council meeting. Mayor Willson recommends appointment of Ellen Davis. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust www.MinnLocal City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF VACANCY ON SHINGLE CREEKWATERSHED MANAGEMENT COMMISSION 0 1_' r AND i IIII E A WEST MIS M T COMMISSION A D AFFIDAVIT OF PUBLICATION Public Notice is hereby given that a cancy exists for the position of Alternate Commissioner to represent the City of STATE OF MINNESOTA ) Brooklyn Center on both the Shingle Creek and West Mississippi Watershed sS. Management Commissions. The posi- COUNTY OF HENNEPIN ) tion is for a three -year term beginning February 1, 2012. Meetings are general - Richard Hendrickson being duly sworn on m nth beginning at12 45 p.m Persons an oath, states or affirms that he is the Chief interested in being appointed to serve on Financial Officer of the newspaper(s) known the watershed commissions can visit the City website at www.cityofbrooklyncen- as tecorg or call City Clerk Sharon Knutson Brooklyn Park, Brooklyn Center Sun -Post at 763 - 569 -3306. Deadline to apply is February 3, 2012. Appointment will be made by the Mayor and City Council. (Published in Brooklyn Center Sun -Post and has full knowledge of the facts stated January 12, 2012) below: (Jan.12, 2012) Pi- AlternateCommiss (A) The newspaper has.complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 12 day of January , 2012, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of ,2012; and printed below is a copy of the lowercase alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkl mnopgrstuvwxyz BY. CFO Subscribed and sworn to or affirmed before me on this 12 day of January 2012. �. 7 fi Notary Public ` a JULIA 1. HELKENN s - ( NOTARY PUBUG- tdINNESOTA My Comm, Up, Jart. 31, 2015 i I I it City Council Agenda Item No. 10jb i COUNCIL ITEM MEMORANDUM DATE: February 7, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Mayoral Appointment of Member to Serve on Planning Commission I Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Scott Burfeind, 5043 Drew Avenue North, to the Planning Commission with tern to expire December 31, 2013. Background: The Planning Commission is composed of a chairperson and six members. There is one vacancy on the commission. Notice of vacancy on the commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 from December 14, 2011, to January 17, 2012. Announcement was made in the December 22 2011, Brooklyn Center Sun -Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Cleric if they are interested in applying for the commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Council Members in the January 27, 2012, update. Attached for City Council Members only are copies of the applications received: Scott Burfeind 5043 Drew Avenue North Brian Danielson 6223 Major Avenue North Applicants were notified that their application for appointment would be considered at the February 13, 2012, City Council meeting. Mayor Willson recommends appointment of Scott Burfeind. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission. Ensuring an attractive, clean, safe connnuni07 that entrances the quality of life antipreserves the public trust i City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members February 7, 2012 Neighborho 4 l cants Cu rrent Membe Southeast Kara Kuykendall Stephen Schonning Northeast Sean Rahn Northwest Stan Leino Brian Danielson West Central Central Michael Parks Southwest Scott Burfeind Carlos Morgan One vacancy City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: February 9, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Hearing for Nelia Schaff Regarding Rental Property Located at 7018 Brooklyn Boulevard Recommendation: It is recommended that the City Council: 1. Receive staff report. 2. Open the hearing to receive applicant testimony. 3. Close the hearing. 4. Direct staff to prepare a resolution for the next City Council meeting with findings of fact for either suspension or revocation of the rental license for 7018 Brooklyn Boulevard. Background: City Code Section 12 -901, subd. 9, states, "Licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. Licensees with less than three units must be current on the payment of all utility ees, taxes assessments fines penalties, or other financial claims due to the City on Y >p � Y the licensed property and any other rental real property in the City owned by the license holder prior to issuance or renewal of a license. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof that remain unpaid for a period exceeding one (1) year after becoming due." The property located at 7018 Brooklyn Boulevard is an apartment complex (1 building with 8 units). • City and County taxpayer records indicate owner as Nelia Schaff, P O Box 21524, Columbia Heights, MN 55421 • City rental dwelling license application records indicate owner as Nelia Schaff, 1551 Woodside Ct NE, Fridley, MN 55432 • August 22, 2011 — City Council approved issuance of renewal rental dwelling license for 7018 Brooklyn Boulevard with expiration date of July 31, 2013 • December 5, 2011 — City Assessor notified City Clerk that 7018 Brooklyn Boulevard had delinquent second half 2011 property taxes ($6,396.77 plus accruing penalties and interest) • December 5, 2011 — Utility Billing Clerk notified City Clerk that utilities were not current ($159.70) Mission: Ensuring an attractive, clean, safe comnuudot that enhances the gualig of life and preserves the public trust COUNCIL ITEM MEMORANDUM i • December 7, 2011 — City Clerk sent letter to Nelia Schaff notifying of delinquent taxes and utilities • January 4, 2012 — City Clerk notified City Prosecutor that property taxes and utilities were still not current • January 5, 2012 — City Prosecutor mailed letter and notice of proposed license action • February 7, 2012 — Hennepin County confirms that a payment of $6,168.31 was made February 1, 2012; however, an unpaid amount of $481.20 is still delinquent, a violation of City Code Section 12 -901 (9) • February 9, 2012 — Utility Billing Clerk confirms that utilities are not current in the amount of $918.96, a violation of City Code Section 12 -901 (9) History of Unpaid Property Taxes and City Utilities At its May 24, 2010, Work Session, the City Council requested that Staff identify the frequency of offenses to help the Council determine any sanctions. Since 2008, there have been no prior delinquencies in property taxes or City utilities for 7018 Brooklyn Boulevard. Information prior to 2008 is not available. i Budget Issues: There are no budget issues to consider. I I Council Goals: Strategic: E' We will stabilize and improve residential neighborhoods i i I i 1 I I i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM EXCERPT FROM MAY 24, 2010, CITY COUNCIL WORK SESSION MINUTES APARTMENTS WITH DELINQUENT PAYMENTS POLICY City Manager Curt Boganey reviewed the Council's past discussion whether rental property owners should be allowed to avoid the revocation or suspension hearing by making payments prior to the schedule hearing. The Council also questioned whether there should be additional penalties /fines to cover the City's costs to publish and mail notice of the hearing. Additional issues are whether all violators should be treated the same or consideration given to first -time offenders as opposed to repeat offenders. Mr. LeFevere stated the Council can also consider whether it wants to treat nonpayment of taxes and nonpayment of utilities at the same level of seriousness. He reviewed the details of his May 20, 2010, e -mail to City Manager Boganey that listed issues to consider in the formulation of a policy on the imposition of sanctions on rental properties that are not current in payment of taxes and /or utilities. Mr. LeFevere clarified that imposition of monetary penalties is not applicable to payment of taxes because that is County matter. The City currently charges penalties for nonpayment of utilities through an administrative penalty process. He explained the Council needed to look at this matter in the context of the Housing Ordinance; aesthetic violation versus life /safety violation, so the most serious penalty imposed is for violations deemed to be the most serious. The Council discussed each of the six issues put forward by Mr. LeFevere and reached the following consensus: 1. Does the Council wish to establish a reminder and grace period for payments? The Council discussed whether a 30 -day grace period was warranted and it was noted that the current process already includes a grace period. The Council agreed that the goal is to create responsible ownership of rental properties and creating a grace period would result in additional staff "babysitting" and overhead costs. 2. Does the Council wish to impose an administrative fine to encourage compliance without a hearing? Mr. LeFevere advised that the fine cannot be imposed the same day because all of the processes take some time. He asked when does the liability occur and if it should be one day after payment is due. He described several options for consideration, such as sending a reminder for the first violation with no consequence if paid in a week, no grace period if a second violation, and imposition of an administration penalty with a hearing if not paid within a certain period of time. In addition, if a hearing is scheduled for a first -time offender, there may be a different penalty depending on the number of violations with the same person. Following discussion, the consensus of the Council was to impose an administrative fine to encourage compliance and that the fine be set at a level to cover the City's costs and provide sufficient incentive to pay the utility bill as opposed to other bills. Mission: Ensuring an attractive, clean, safe community that enhanees the quality of life and preserves the public trust i! i COUNCIL ITEM MEMORANDUM 3. Once the policy calls for setting a hearing, the notice of hearing should inform the licensee of any relevant policy provisions. The consensus of the Council was to support Question #3 because it allows the Council, if desired, to consider past violations when imposing a penalty. 4. If the licensee pays before the hearing, does the Council wish to cancel the hearing? Mayor Willson suggested cancellation the hearing if payment is made in advance of the hearing. He asked what would be considered at the hearing if the violation had been remedied. Councilmember Lasman spoke against canceling the hearing because some rental owners make the payment after the City has expended costs to schedule and notice the hearing. She stated it is her opinion that administrative fines weaken, not strengthen, the situation. Mayor Willson asked why a hearing would be needed if guidelines are adopted. Mr. LeFevere explained the City has to hold the hearing to gather evidence from staff to prove that the violation occurred and hear from the property owner. He noted the ordinance requires the Council to state rationale and findings. Mayor Willson noted the hearing can only be held after payment if there is an ability to impose an administrative fine to cover staff and hearing costs. Following further discussion, the consensus of the Council was to not cancel the hearing if the violation is remedied prior to the hearing date. 5. If the matter proceeds to a hearing, the Council should take into consideration whether the licensee paid the delinquent amount before the hearing. The consensus of the Council was to remain firm on ordinance enforcement and to hold rental owners accountable; however, leniency may be considered for first -time violators. 6. If the matter proceeds to hearing, the Council may wish to consider including a guideline about the imposition of penalties. It was noted that establishing guidelines and policies on the consequences would protect the City and create a better position to defend the City should a lawsuit claim unfair treatment. Mr. LeFevere agreed that if the City has a policy, it removes the argument by someone that they are not being treated the same. Mr. LeFevere advised that a late payment resulting in a sanction of a six -month to one -year revocation, may result in rental owners being quick to bring legal challenges. That is why staff needs specific direction, to assure consistency so if legally challenged it can be proven that everyone has been treated the same way. Mission: Ensuring an attractive, cleat, safe cane un of that enhances the quallo� of life andpreserves the public trust i I COUNCIL ITEM MEMORANDUM Mayor Willson stated the last sentence indicating "that evidence introduced at the hearing ... may result in the imposition of a greater or lesser penalty" has some merit. He noted the rental owner is provided with the ordinance when the license is pulled so he did not understand why the City had to consider leniency. Mr. LeFevere advised that under the Code the Council can consider a range from doing nothing to a one -year revocation. If the Council establishes guidelines for the future, then all know what happens with first, second, or third violations. However, there may be some cases where the facts may find those guidelines are not appropriate. He explained if the City follows that guideline, it is considered to be acting reasonably and rationally. If not using the guideline, the City would need to cite rationale. Mayor Willson asked whether the Council would still consider revocation if payment is made the day before or the day of the hearing. Mr. LeFevere advised that the rental owner paying the day before means they are no longer in violation; however, the owner was in violation when the hearing was noticed. He pointed out that most of the time, when the Council considers revocation or suspension of the license, it may be after the violations were cured. The offense does not stop just because it is corrected, and the City can sanction the behavior. If challenged, the court will decide whether the Council's action was a reasonable response under the City Code based on the nature and seriousness of the offense. The Council discussed the options and agreed that it is difficult to impose a law to achieve automatic compliance. However, the Council can take one step at this point and determine to hold the hearing even if payment is made. With regard to consideration of repeat violators, it was indicated that will be determined by the Council upon hearing the case and receiving staff's report on the history of the property. It was noted that whether a first -time or repeat violator, the hearing will be held but the Council's response could be different. Mr. LeFevere recapped the Council's discussion that the start of the process will not change up to the point of giving notice. Staff will assure those procedures are routine and consistent and all are treated the same. Once it goes to a hearing, the notice of hearing will indicate that the hearing will be held even if the violation is resolved and also identify the frequency of offense. During the hearing, all offenses would be addressed by the Council when considering whether to impose a penalty. Mr. LeFevere advised that staff and the prosecuting attorney are in agreement that if imposing more severe sanctions for repeat violators, those violations need to be listed in the notice of hearing. The notice will indicate the Council will consider imposition of sanctions, list the violations, and that hearing will be held whether or not payment is made prior to the hearing. Mission: Eusw ing an attractive, clean, safe community that enhances the quality of life and presewes the public trust i 1 £ A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. 2. All nonresidential properties (commercial, industrial, and similar) shall keep, or cause to be kept, a current register of occupancy for each building that provides the following: a. Building address. b. List of all tenants occupying building. C. Nature of business conducted by each tenant in building. d. Contact person for each tenant. e. Gross floor area leased by each tenant. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. Section 12 -910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON - RENEWAL. 1. Applicability. Every license issued under the provisions of this Chapter is subj ect to suspension.or revocation by the City Council. 2. Unoccupied or Vacated Rental Units. In the event that a license is suspended, revolted, or not renewed by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. 3. Grounds for License Action. The Council may revoke, suspend, or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements, misrepresentations, or fraudulent statements on any application or other information or report required by this Chapter to be given by the applicant or licensee: City of Brooklyn Center 12 -20 City Ordinance b. failure to pay any application fee, fine or penalty, reinspection fees, reinstatement fee, special assessments, real estate taxes, or other financial claims due to the City as required by this Chapter and City Council resolution. G. failure to continuously comply with any property maintenance, zoning, health, building, nuisance, or other City Codes; or failure to correct deficiencies noted in Compliance Notices in the time specified in the notice. d. failure to comply with the provisions of an approved mitigation plan or not submitting an action plan as required. e. failure to qualify for the type of license held or applied for. f, excessive police calls for service in accordance with criteria determined by the City Manager and approved by the City Council, based on the number and nature of the calls when, after owner notification, the owner has failed to supply an appropriate written action plan to reduce the police calls for service g. failure to actively pursue the eviction of tenants who have violated the provision of this Chapter or Crime Free Lease Addendum or have otherwise created a public nuisance in violation of City, state, or applicable laws. h. the failure to eliminate imminent health and life safety hazards as determined by the City, or its authorized representatives. i. conviction of any crime related to the business or entity licensed and failure to show by competent evidence the rehabilitation and ability to perform the duties of the business. j . the abandonment of the property by the property owner as determined by the inability to make contact with the owner or his /her manager or local agent due to inaccurate or invalid contact information. k. failure to operate or maintain the licensed premises in conformity with all applicable state and local laws and Ordinances. 4. License Action Sections. Revocation, suspension, and non - renewal may be brought under either this Section or Section 12 -911, or both. City of Brooldyn Center 12 -21 City Ordinance a I 5. Notification, Hearing, and Decision Basis. a. Written Notice, Hearin. A decision to revoke, suspend, deny, or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged rounds therefor and the applicant or licensee will be given an g g pP g opportunity for a hearing before the City Council before final action to revolve, suspend, deny, or not renew a license. b. Decision Basis. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. 6. Affected Facility. The Council may suspend or revoke a license or not renew a license for part or all of a facility. 7. License Actions, Reapplication. a. Suspension. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. b. Revocation Denial Nomenewal. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no approval of any application for a new license for the same facility will be effective until after the period of time specified in the Council's written decision, which shall not exceed one year. The Council shall specify in its written decision the date when an application for a new license will be accepted for processing. A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. C. Reinstatement Fees. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. City of Brooklyn Center 12 -22 City Ordinance i 8. Written Decision, Compliance. A written decision to revoke, suspend, deny, or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units u becoming vacant in such part or parts of the facility may be re -let or occupied. a Revocation, suspension or non -renewal of a license shall not excuse the owner from 4 ' compliance with all terns of state laws and Codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this i, Chapter during the term of revocation, suspension or non - renewal is a misdemeanor (� and grounds for extension of the tern of such revocation or suspension or r continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non- renewal specified in the City Council's written decision- or in paragraph 6 of this i! Section. i 1 9. New Licenses Prohibited. A person who has a rental license revolted may not receive j� a rental license for another property within the City for a period of one year from the date of revocation. The person may continue to operate other currently licensed rental s ' properties if the properties are maintained in compliance with City Codes and other - -- applicable regulations. Section 12 -911. CONDUCT ON LICENSED PREMISES. �r 1. Conduct, Disorderly Activities, Nuisances Defined. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Chapter, disorderly'activities are considered nuisances and defined as follows: a. Noise — cats /dogs City Code Section 1 -110; horns /radios — City Code Sections 19 -1201, 1202, and 1203 b. Violation of City Code Section 19 -1121 (Unlawful Possession, Delivery, or Purchase) or violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes, Section 152.01, Subdivision 4, and drug paraphernalia as defined in Minnesota Statutes, Section 152:092. C. Public disturbance — City Code Section 19 -202. d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. e. Violation of laws relating to gambling. f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. City of Brooklyn Center 12 -23 City Ordinance Hennepin County Property Information Page 1 of 1 Hennepin tv! MN WWW. - .US HENNEPIN COUNTY TREASURER A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID No.: 27- 119 -21 -33 -0005 Property Address: 7018 BROOKLYN BLVD BROOKLYN CENTER Owner Name: N G SCHAFF & G J GEROCHI Taxpayer Name and Address: NELIA SCHAFF P O BOX 21524 COLUMBIA HEIGHTS MN 55421 j Property has prior year delinquent taxes. Call (612) 348 -3011 for amount due. It is anticipated that 2012 Taxes will be available on this web site approximately March 1, 2012. https: / /wwwl6.co. hennepin. mn. us /taxpayments /taxesdue.jsp ?pid= 2711921330005 02/07/2012 O y N � o P, d a� P, y o0 00 00 o O o rn o 0 ca o 0 0, 0 0 N N O .0 OO �O O O O V O O O O O C d ' z z z z z � � H Pa � 00 o N N GJ O o Q° cn N M N cd O °� 0 0 c O c U N �� �.� 0 O X fl m ti Lrl Pa CN O I zPP-, P-4v �H�w wzwz x N v a 1 Office of the City Clerk City of Brooklyn Center j A Millennium Community Sharon Knutson, MMC City Clerk December 7, 2011 ORDINANCE VIOLATION NOTICE Nelia Schaff Nelia Schaff P. O. Box 21524 1551 Woodside Ct NE Columbia Heights, MN 55421 Fridley, MN 55432 RE: Rental Property Located at: 7018 Brooklyn Blvd, PID# 27- 119 -21 -33 -0005 Dear Property Owner: Section 12- 901(9) states that licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. City records indicate that there are both taxes and utilities owed for this property. Property taxes and utilities must be paid in full to retain a rental dwelling license. Please submit payment for utilities-to the City of Brooklyn Center and payment for taxes to Hennepin County Government Center, 300 S 6th Street, Administrative'Tower A -600, Minneapolis, MN 55487- 0060, within 10 calendar days of the date of this letter. Failure to keep current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the rental property will result in legal prosecution by the City. FAILURE TO COMPLY AND BE CURRENT ON PROPERTY TAXES AND UTILITIES BY DECEMBER 19, 2011, WILL RESULT IN A HEARING BEFORE THE CITY COUNCIL, WHEREBY SANCTIONS MAY BE IMPOSED WHETHER OR NOT PAYMENT OF THE PROPERTY TAXES AND UTILITIES ARE MADE PRIOR TO THE HEARING. If payment has been made, please disregard this notice, as I will consult with the City Assessor and Utility Billing after your due date. Any questions regarding taxes may be directed to Hennepin County at 612- 348 -3011. Questions regarding utilities can be directed to the City utility billing division at 763- 569 -3390. Sincerely, Sharon Knutson City Cleric 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 Fax (763) 569 -3434 Fax (763) 569 -3494 www. cityo f brooklyncenter. or g i I II I Created Date /Time: 12/06/201104:10:17 PM Customer Number: 00028479 Account Number: 0013840002 Service Address: 7018 BROOKLYN BLVD Mailing Address: THOMAS SCHAFF 1551 WOODSIDE CT FRIDLEY MN 55432 -5245 I Customer /Account Transaction History Trans Date Transaction Amount Balance 11/16/20110:00 Payment - Check ($700.00) $859.70 11/16/20110:00 Penalties - Recycling $12.39 $1,559.70 11/16/20110:00 Penalties - Street Light $5.81 $1,547.31 11/16/20110:00 Penalties - Storm Drainage $24.08 $1,541.50 11/16/20110:00 Penalties - Sewer $67.69 $1,517.42 11/16/20110:00 Penalties - Water $31.82 $1,449.73 10/12/20110:00 Cycle Billing Due: 11/09/2011 $662.25 $1,417.91 09/13/20110:00 Certification Water Write -Off ($101.68) $755.66 08/17/20110:00 Penalties - Recycling $5.90 $857.34 08/17/20110:00 Penalties - Street Light $2.76 $851.44 08/17/20110:00 Penalties - Sewer $32.23 $848.68 08/17/20110:00 Penalties - Water $22.85 $816.45 08/17/20110:00 Penalties - Storm Drainage $11.47 $793.60 08/05/20110:00 Certification Admin Fee $30.00 $782.13 07/13/20110:00 Cycle Billing Due: 08/10/2011 $680.45 $752.13 07/07/20110:00 Certification - Water ($71.68) $71.68 07/07/20110:00 Certification - Water $71.68 $143.36 06/02/20110:00 Payment - Check ($716.85) $71.68 05/18/20110:00 Penalties - Recycling $5.90 $788.53 05/18/20110:00 Penalties - Street Light $2.76 $782.63 05/18/20110:00 Penalties - Storm Drainage $11.47 $779.87 05/18/20110:00 Penalties - Sewer $32.23 $768.40 05/18/20110:00 Penalties - Water $19.32 $736.17 04/13/20110:00 Cycle Billing Due: 05/11/2011 $716.85 $716.85 03/09/20110:00 Payment - Check ($700.18) $0.00 02/16/20110:00 Penalties - Recycling $5.90 $700.18 02/16/20110:00 Penalties - Street Light $2.76 $694.28 02/16/20110:00 Penalties - Storm Drainage $11.47 $691.52 02/16/20110:00 Penalties - Sewer $32.23 $680.05 02/16/20110:00 Penalties - Water $11.29 $647.82 01/12/20110:00 Cycle Billing Due: 02/09/2011 $635.65 $636.53 12/28/2010 0:00 Payment - Check ($675.00) $0.88 11/17/2010 0:00 Penalties - Sewer $28.87 $675.88 11/17/2010 0:00 Penalties -Water $32.57 $647.01 10/25/2010 0:00 Payment -Check ($812.18) $614.44 10/13/2010 0:00 Cycle Billing Due: 11/10/2010 $614.44 $1,426.62 09/01/2010 0:00 Payment -Check ($729.67) $812.18 08/18/2010 0:00 Penalties - Recycling $8.87 $1,541.85 08/18/2010 0:00 Penalties - Street Light $4.12 $1,532.98 08/18/2010 0:00 Penalties - Storm Drainage $17.40 $1,528.86 08/18/2010 0:00 Penalties - Sewer $47.97 $1,511.46 08/18/2010 0:00 Penalties - Water $59.08 $1,463.49 08/06/2010 0:00 Certification Admin Fee $30.00 $1,404.41 07/14/2010 0:00 Cycle Billing Due: 08/11/2010 $674.74 $1,374.41 07/01/2010 0:00 Certification - Street Light ($9.84) $699.67 07/01/2010 0:00 Certification - Street Light $9.84 $709.51 07/01/2010 0:00 Certification - Storm Drainage $124.53 $699.67 07/01/2010 0:00 Certification -Storm Drainage ($124.53) $575.14 07/01/2010 0:00 Certification - Sewer $343.33 $699.67 07/01/2010 0:00 Certification -Sewer ($343.33) $356.34 07/01/2010 0:00 Certification - Water $221.97 $699.67 i 07/01/2010 0:00 Certification - Water ($221.97) . $477.70 05/19/2010 0:00 Penalties - Street Light $2.61 $699.67 05/19/2010 0:00 Penalties - Storm Drainage $11.01 $697.06 05/19/2010 0:00 Penalties - Sewer $30.36 $686.05 05/19/2010 0:00 Penalties - Water $19.63 $655.69 04/19/2010 0:00 Transfer Balance ($19.65) $636.06 04/19/2010 0:00 Reconcile Balance To Recycling $19.65 $655.71 04/14/2010 0:00 Cycle Billing Due: 05/12/2010 $713.60 $636.06 03/24/2010 0:00 Payment - Check ($1,000.00) ($77.54) 03/09/2010 0:00 Certification Recycle WriteOff ($131.97) $922.46 03/09/2010 0:00 Certification Street Write Off ($63.11) $1,054.43 03/09/2010 0:00 Certification Storm Write -Off ($271.62) $1,117.54 03/09/2010 0:00 Certification Sewer Write -Off ($749.00) $1,389.16 03/09/2010 0:00 Certification Water Write -Off ($598.69) $2,138.16 02/17/2010 0:00 Penalties - Water $145.03 $2,736.85 02/17/2010 0:00 Penalties - Recycling $11.44 $2,591.82 02/17/2010 0:00 Penalties - Street Light $5.31 $2,580.38 02/17/2010 0:00 Penalties -Storm Drainage $22.44 $2,575.07 02/17/2010 0:00 Penalties - Sewer $61.86 $2,552.63 02/05/2010 0:00 Certification Admin Fee $30.00 $2,490.77 01/13/2010 0:00 Cycle Billing Due: 02/10/2010 $676.38 $2,460.77 01/12/2010 0:00 Certification - Recycling $131.97 $1,784.39 01/12/2010 0:00 Certification - Recycling ($131.97) $1,652.42 01/12/2010 0:00 Certification - Street Light ($63.11) $1,784.39 01/12/2010 0:00 Certification -Street Light $63.11 $1,847.50 01/12/2010 0:00 Certification - Storm Drainage $271.62 $1,784.39 01/12/2010 0:00 Certification -Storm Drainage ($271.62) $1,512.77 01/12/2010 0:00 Certification -Sewer $749.00 $1,784.39 01/12/2010 0:00 Certification - Sewer ($749.00) $1,035.39 01/12/2010 0:00 Certification - Water $568.69 $1,784.39 01/12/2010 0:00 Certification - Water ($568.69) $1,215.70 11/18/2009 0:00 Penalties - Recycling $12.00 $1,784.39 11/18/2009 0:00 Penalties - Street Light $5.74 $1,772.39 11/18/2009 0:00 Penalties -Storm Drainage $24.69 $1,766.65 11/18/2009 0:00 Penalties - Sewer $68.09 $1,741.96 11/18/2009 0:00 Penalties - Water $51.70 $1,673.87 10/14/2009 0:00 Cycle Billing Due: 11/11/2009 $675.84 $1,622.17 09/15/2009 0:00 Certification Recycle WriteOff ($126.13) $946.33 09/15/2009 0:00 Certification Street Write Off ($60.31) $1,072.46 09/15/2009 0:00 Certification Storm Write -Off ($259.60) $1,132.77 09/15/2009 0:00 Certification Sewer Write -Off ($715.85) $1,392.37 09/15/2009 0:00 Certification Water Write -Off ($514.02) $2,108.22 08/19/2009 0:00 Penalties - Recycling $10.77 $2,622.24 08/19/2009 0:00 Penalties - Street Light $5.15 $2,611.47 08/19/2009 0:00 Penalties - Storm Drainage $22.17 $2,606.32 08/19/2009 0:00 Penalties - Sewer $61.13 $2,584.15 08/19/2009 0:00 Penalties - Water $136.44 $2,523.02 08/07/2009 0:00 Certification Admin Fee $30.00 $2,386.58 07/15/2009 0:00 Cycle Billing Due: 08/12/2009 $710.67 $2,356.58 07/09/2009 0:00 Certification - Sewer $715.85 $1,645.91 07/09/2009 0:00 Certification - Sewer ($715.85) $930.06 07/09/2009 0:00 Certification : Recycling $126.13 $1,645.91 07/09/2009 0:00 Certification - Recycling ($126.13) $1,519.78 07/09/2009 0:00 Certification - Street Light ($60.31) $1,645.91 07/09/2009 0:00 Certification - Street Light $60.31 $1,706.22 07/09/2009 0:00 Certification - Storm Drainage $259.60 $1,645.91 07/09/2009 0:00 Certification - Storm Drainage ($259.60) $1,386.31 07/09/2009 0:00 Certification - Water $484.02 $1,645.91 07/09/2009 0:00 Certification - Water ($484.02) $1,161.89 05/20/2009 0:00 Penalties - Recycling $11.47 $1,645.91 05/20/2009 0:00 Penalties -Street Light $5.48 $1,634.44 05/20/2009 0:00 Penalties - Storm Drainage $23.60 $1,628.96 05/20/2009 0:00 Penalties - Sewer $65.08 $1,605.36 05/20/2009 0:00 Penalties - Water $44.00 $1,540.28 04/15/2009 0:00 Cycle Billing Due: 05/13/2009 $728.73 $1,496.28 02/19/2009 0:00 Penalties - Water $19.48 $767.55 02/19/2009 0:00 Penalties - Recycling $5.46 $748.07 02/19/2009 0:00 Penalties - Street Light $2.61 $742.61 02/19/2009 0:00 Penalties -Storm Drainage $11.24 $740.00 02/19/2009 0:00 Penalties - Sewer $30.99 $728.76 02/04/2009 0:00 Payment - Check ($774.47) $697.77 01/15/2009 0:00 Cycle Billing Due: 02/12/2009 $697.77 $1,472.24 01/14/2009 0:00 Certification - Recycling $58.29 $774.47 01/14/2009 0:00 Certification - Sewer $336.95 $716.18 01/14/2009 0:00 Certification - Sewer ($336.95) $379.23 01/14/2009 0:00 Certification - Recycling ($58.29) $716.18 i 5 January 2012 By Certified Mail and U.S. Mail Nelia Schaff P.O. Box 21524 Columbia Heights, Minnesota 55421 Nelia Schaff 1551 Woodside Circle NE Fridley, Minnesota 55432 RE: Notice of proposed license action Dear Property Owner, Enclosed herewith and served upon you is a notice of proposed action against your rental license for that premises at 7018 Brooklyn Blvd. The only exception to an action based upon failure to pay real property taxes in a timely manner is a lawsuit maintained by you challenging the amount and /or validity of the tax. You must make an application to the Council for relief, if such a lawsuit is pending. You are further advised that an action against the license is not the sole or exclusive remedy available to the City and the City reserves the right for further proceedings. You are still further advised that payment of the tax, utilities and other amounts due, prior to the hearing, will not cause the hearing to be stricken. Sincerely, CARSON, CLELLAND & SCHREDER I William G. Clelland Prosecuting Attorney cc City Manage, Assistant City Manager LeFevere i i i NOTICE OF PROPOSED LICENSE ACTION You are hereby notified, pursuant to Section 12 -910 of the City Ordinances of the ordinances of the City of Brooklyn Center, and related Sections of Chapter 12, that a hearing before the City Council shall be held on the 13 day of February 2012 at 7:00 pm o'clock at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, at which time the City Council shall consider the revocation, suspension or non renewal of the rental license held by Nelia Schaff for that apartment complex at 7018 Brooklyn Blvd, in the City of Brooklyn Center, Minnesota. The grounds for this license action are the failure of the licensee to completely pay the year 2011 real property taxes and utilities. Specifically, for 7018 Brooklyn Blvd N., the real property taxes are unpaid and overdue in the principal amount of $6,396.77 with accruing penalties and interest and utilities are unpaid and overdue in the principal amount of $159.70 with interest and/or penalties accruing. Section 12 -901 subd 4 provides that as a condition of acquiring a rental license and maintaining a rental license, the licensee must be current on payments for all assessments, taxes and utilities. Section 12 -910 provides for the revocation, suspension or non renewal of a rental license for, inter alia, failure to operate or maintain the license premises in conformity with all applicable state laws and codes and the City Code or Ordinances and any other violation of Chapter 12. YOU ARE ADVISED THAT PAYMENT OF THE TAXES, UTILITIES, PENALTIES AND INTEREST PRIOR TO THE HEARING WILL NOT CAUSE THE HEARING TO BE STRICKEN. YOU SHOULD BE PREPARED TO ADDRESS THIS VIOLATION OF THE CITY CODE AT THIS HEARING. it City Council Agenda Item No. loci i COUNCIL ITEM MEMORANDUM DATE: February 7, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk , L SUBJECT: Hearing for Commers - Clover II LLP Regarding Rental Property Located at 6331, 6401, and 6425 Beard Avenue North; and 3401 47th Avenue North Recommendation: It is recommended that the City Council: 1. Receive staff report. 2. Open the hearing to receive applicant testimony. 3. Close the hearing. 4. Direct staff to prepare a resolution for the next City Council meeting with findings of fact for either suspension, revocation, denial, or non- renewal of the rental license for 6331, 6401, 6425 Beard Avenue North; and 3401 47th Avenue North. Background: City Code Section 12 -901, subd. 9, states, "Licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. Licensees with less than three units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder prior to issuance or renewal of a license. In the event a suit has been commenced under Minnesota Statutes, Section 278.01 - 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof that remain unpaid for a period exceeding one (1) year after becoming due." The property located at 6331, 6401, and 6425 Beard Avenue North is an apartment complex (3 buildings with 36 units). • City and County taxpayer records indicate owner as Commers- Clover II LLP, 1000 County Road D W, New Brighton, MN 55112 • City rental dwelling license application records indicate owner as Clover Management c/o Phillip Scott Clover„ 4571 Trading Post Trail S, Afton, MN 55001 -9645 • January 11, 2010 — City Council approved issuance of renewal rental dwelling license for 6331, 6401, and 6425 Beard Avenue North with expiration date of October 31, 2011 • October 11, 2011 — Commers- Clover II LLP submitted renewal rental dwelling license application • October 13, 2011 — City notified Commers- Clover II LLP that application is received and applicant must be current on taxes and utilities • October 31, 2011— rental license expired Mission: Ensuring an attractive, clean, safe communI07 that enhances the quaH07 of life and preserves the public trust COUNCIL ITEM MEMORANDUM • December 5, 2011 — City Assessor notified City Clerk that 6331, 6401, and 6425 Beard Avenue North have delinquent second half 2011 property taxes • December 5, 2011 — Utility Billing Clerk notified City Clerk that utilities were not current • December 7, 2011 — City Clerk sent letter to Commers- Clover II LLP and Clover Management c/o Phillip Scott Clover notifying of delinquent taxes and utilities • January 4, 2012 — City Clerk notified City Prosecutor that property taxes and utilities were still not current • January 5, 2012 — City Prosecutor mailed letter and notice of proposed license action • February 7, 2012 — Hennepin County confirms 2011 property taxes plus penalties and interest are unpaid in the amount of $22,020.27 ($7,340.09 each building), a violation of City Code Section 12 -901 (9) • February 7, 2012 — Utility Billing Clerk confirms that utilities are not current in the amount of $7,196.33 ($2,098.57 for 6331; $2,304.16 for 6401; $2,793.60 for 6425), a violation of City Code Section 12 -901 (9) The property located at 3401 47th Avenue North is an apartment complex (1 building with 22 units). • City and County taxpayer records indicate owner as Commers- Clover II LLP, 1000 County Road D W, New Brighton, MN 55112 • City rental dwelling license application records indicate owner as Clover Management c/o Phillip Scott Clover„ 4571 Trading Post Trail S, Afton, MN 55001 -9645 • December 14, 2009 — City Council approved issuance of renewal rental dwelling license for 3401 47th Avenue North with expiration date of November 30, 2011 • October 11, 2011 — Commers- Clover II LLP submitted renewal rental dwelling license application • October 13, 2011 — City notified Commers - Clover II LLP that application is received and applicant must be current on taxes and utilities • November 30, 2011— rental license expired • December 5, 2011 — City Assessor notified City Clerk that 3401 47th Avenue North has delinquent second half 2011 property taxes • December 5, 2011 — Utility Billing Clerk notified City Clerk that utilities were not current • December 7, 2011 — City Clerk sent letter to Commers- Clover II LLP and Clover Management c/o Phillip Scott Clover notifying of delinquent taxes and utilities • January 4, 2012 — City Clerk notified City Prosecutor that property taxes and utilities were still not current • January 5, 2012 — City Prosecutor mailed letter and notice of proposed license action • February 7, 2012 — Hennepin County confirms 2011 property taxes plus penalties and interest are unpaid in the amount of $13,502.40, a violation of City Code Section 12 -901 (9) • February 7, 2012 — Utility Billing Clerk confirms that utilities are not current in the amount of $4,409.28, a violation of City Code Section 12 -901 (9) Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust i I COUNCIL ITEM MEMORANDUM History of Unpaid Property Taxes and City Utilities At its May 24, 2010, Work Session, the City Council requested that Staff identify the frequency of offenses to help the Council determine any sanctions. Since 2008, there has been one instance with first half 2011 property taxes being delinquent and utilities not current for both apartments. The City Clerk notified the owner and property taxes and utilities were paid prior to Council hearing notification. Information prior to 2008 is not available. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will stabilize and improve residential neighborhoods Mission: Ensuring an attractive, clew:, safe communlo? that enhances the gualio� of life and preserves the public trust COUNCIL ITEM MEMORANDUM EXCERPT FROM MAY 24, 2010, CITY COUNCIL WORK SESSION MINUTES j APARTMENTS WITH DELINQUENT PAYMENTS POLICY City Manager Curt Boganey reviewed the Council's past discussion whether rental property owners should be allowed to avoid the revocation or suspension hearing by making payments prior to the. schedule hearing. The Council also questioned whether there should be additional penalties /fines to cover the City's costs to publish and mail notice of the hearing. Additional issues are whether all violators should be treated the same or consideration given to first -time offenders as opposed to repeat offenders. Mr. LeFevere stated the Council can also consider whether it wants to treat nonpayment of taxes and nonpayment of utilities at the same level of seriousness. He reviewed the details of his May 20, 2010, e -mail to City Manager Boganey that listed issues to consider in the formulation of a policy on the imposition of sanctions on rental properties that are not current in payment of taxes and /or utilities. Mr. LeFevere clarified that imposition of monetary penalties is not applicable to payment of taxes because that is County matter. The City currently charges penalties for nonpayment of utilities through an administrative penalty process. He explained the Council needed to look at this matter in the context of the Housing Ordinance; aesthetic violation versus life /safety violation, so the most serious penalty imposed is for violations deemed to be the most serious. The Council discussed each of the six issues put forward by Mr. LeFevere and reached the following consensus: 1. Does the Council wish to establish a reminder and grace period for payments? The Council discussed whether a 30 -day grace period was warranted and it was noted that the current process already includes a grace period. The Council agreed that the goal is to create responsible ownership of rental properties and creating a grace period would result in additional staff "babysitting" and overhead costs. 2. Does the Council wish to impose an administrative fine to encourage compliance without a hearing? Mr. LeFevere advised that the fine cannot be imposed the same day because all of the processes take some time. He asked when does the liability occur and if it should be one day after payment is due. He described several options for consideration, such as sending a reminder for the first violation with no consequence if paid in a week, no grace period if a second violation, and imposition of an administration penalty with a hearing if not paid within a certain period of time. In addition, if a hearing is scheduled for a first -time offender, there may be a different penalty depending on the number of violations with the same person. Following discussion, the consensus of the Council was to impose an administrative fine to encourage compliance and that the fine be set at a level to cover the City's costs and provide sufficient incentive to pay the utility bill as opposed to other bills. Mission: Ensuring an attractive, clean, safe community that enhances the quality) of life and preserves the public trust i COUNCIL ITEM MEMORANDUM 3. Once the policy calls for setting a hearing, the notice of hearing should inform the licensee of any relevant policy provisions. The consensus of the Council was to support Question #3 because it allows the Council, if desired, to consider past violations when imposing a penalty. 4. If the licensee pays before the hearing, does the Council wish to cancel the hearing? Mayor Willson suggested cancellation the hearing if payment is made in advance of the hearing. He asked what would be considered at the hearing if the violation had been remedied. Councilmember Lasman spoke against canceling the hearing because some rental owners make the payment after the City has expended costs to schedule and notice the hearing. She stated it is her opinion that administrative fines weaken, not strengthen, the situation. Mayor Willson asked why a hearing would be needed if guidelines are adopted. Mr. LeFevere explained the City has to hold the hearing to gather evidence from staff to prove that the violation occurred and hear from the property owner. He noted the ordinance requires the Council to state rationale and findings. Mayor Willson noted the hearing can only be held after payment if there is an ability to impose an administrative fine to cover staff and hearing costs. Following further discussion, the consensus of the Council was to not cancel the hearing if the violation is remedied prior to the hearing date. 5. If the matter proceeds to a hearing, the Council should take into consideration whether the licensee paid the delinquent amount before the hearing. The consensus of the Council was to remain film on ordinance enforcement and to hold rental owners accountable; however, leniency may be considered for first -time violators. 6. If the matter proceeds to hearing, the Council may wish to consider including a guideline about the imposition of penalties. It was noted that establishing guidelines and policies on the consequences would protect the City and create a better position to defend the City should a lawsuit claim unfair treatment. Mr. LeFevere agreed that if the City has a policy, it removes the argument by someone that they are not being treated the same. Mr. LeFevere advised that a late payment resulting in a sanction of a six -month to one -year revocation, may result in rental owners being quick to bring legal challenges. That is why staff needs specific direction, to assure consistency so if legally challenged it can be proven that everyone has been treated the same way. Mission: Ensuring an attractive, clean, safe cwnnnadoy that enhances the quality of life andpreserves thepablic trust i COUNCIL ITEM MEMORANDUM Mayor Willson stated the last sentence indicating "that evidence introduced at the hearing ... may result in the imposition of a greater or lesser penalty" has some merit. He noted the rental owner is provided with the ordinance when the license is pulled so he did not understand why the City had to consider leniency. Mr. LeFevere advised that under the Code the Council can consider a range from doing nothing to a one -year revocation. If the Council establishes guidelines for the future, then all know what happens with first, second, or third violations. However, there may be 1 some cases where the facts may find those guidelines are not appropriate. He explained if the City follows that guideline, it is considered to be acting reasonably and rationally. If not using the guideline, the City would need to cite rationale. Mayor Willson asked whether the Council would still consider revocation if payment is made the day before or the day of the hearing. Mr. LeFevere advised that the rental owner paying the day before means they are no longer in violation; however, the owner was in violation when the hearing was noticed. He pointed out that most of the time, when the Council considers revocation or suspension of the license, it may be after the violations were cured. The offense does not stop just because it is corrected, and the City can sanction the behavior. If challenged, the court will decide whether the Council's action was a reasonable response under the City Code based on the nature and seriousness of the offense. The Council discussed the options and agreed that it is difficult to impose a law to achieve automatic compliance. However, the Council can take one step at this point and determine to hold the hearing even if payment is made. ' With regard to consideration of repeat violators, it was indicated that will be determined by the Council upon hearing the case and receiving staff's report on the history of the property. It was noted that whether a first -time or repeat violator, the hearing will be held but the Council's response could be different. Mr. LeFevere recapped the Council's discussion that the start of the process will not change up to the point of giving notice. Staff will assure those procedures are routine and consistent and all are treated the same. Once it goes to a hearing, the notice of hearing will indicate that the hearing will be held even if the violation is resolved and also identify the frequency of offense. During the hearing, all offenses would be addressed by the Council when considering whether to impose a penalty. Mr. LeFevere advised that staff and the prosecuting attorney are in agreement that if imposing more severe sanctions for repeat violators, those violations need to be listed in the notice of hearing. The notice will indicate the Council will consider imposition of sanctions, list the violations, and that hearing will be held whether or not payment is made prior to the hearing. I Mission: Ensuring an attractive, clean, safe conununio� that enhances the gualio) of life and preserves the public trust f. A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. 2. All nonresidential properties (commercial, industrial, and similar) shall keep, or cause to be kept, a current register of occupancy for each building that provides the following: a. Building address. b. List of all tenants occupying building. C. Nature of business conducted by each tenant in building. d. Contact person for each tenant. e. Gross floor area leased by each tenant. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. Section 12 -910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON - RENEWAL. 1. Applicability.. Every license issued under the provisions of this Chapter is subject to suspension. or revocation by the City Council. 2. Unoccupied or Vacated Rental Units. In the event that a license is suspended, revoked, or not renewed by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. 3. Grounds for License Action. The Council may revoke, suspend, or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements, misrepresentations, or fraudulent statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. City of Brooklyn Brooklyn Center 12 -20 City Ordinance I b. failure to pay any application fee, fine or penalty, reinspection fees, reinstatement fee, special assessments, real estate taxes, or other financial claims due to the City as required by this Chapter and City Council resolution. C. failure to continuously comply with any property maintenance, zoning, health, building, nuisance, or other City Codes; or failure to correct deficiencies noted in Compliance Notices in the time specified in the notice. d. failure to comply with the provisions of an approved mitigation plan or not submitting an action plan as required. e. failure to qualify for the type of license held or applied for. £ excessive police calls for service in accordance with criteria determined by the City Manager and approved by the City Council, based on the number and nature of the calls when, after owner notification, the owner has failed to supply an appropriate written action plan to reduce the police calls for service g. failure to actively pursue the eviction of tenants who have violated the provision of this Chapter or Crime Free Lease Addendum or have otherwise created a public nuisance in violation of City, state, or applicable laws. h. the failure to eliminate imminent health and life safety hazards as determined by the City, or its authorized representatives. i. conviction of any crime related to the business or entity licensed and failure to show by competent evidence the rehabilitation and ability to perform the duties of the business. the abandonment of the property b the roe owner as determined b J• Y the p P Y Y property inability to make contact with the owner or his /her manager or local agent due to inaccurate or invalid contact information. k. failure to operate or maintain the licensed premises in conformity with all applicable state and local laws and Ordinances. 4. License Action Sections. Revocation, suspension, and non - renewal may be brought under either this Section or Section 12 -911, or both. i IC I City of Brooklyn Center 12 -21 City Ordinance I i 5. Notification, Hearing, and Decision Basis. a. Written Notice, Hearing. A decision to revoke, suspend, deny, or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny, or not renew a license. b. Decision Basis. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revolve a license only upon written findings. 6. Affected Facility. The Council may suspend or revoke a license or not renew a license for part or all of a facility. 7. License Actions, Reapplication. a. Suspension. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. b. Revocation, Denial, Nonrenewal. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no approval of any application for a new license for the same facility will be effective until after the period of time specified in the Council's written decision; which shall not exceed one year. The Council shall specify in its written decision the date when an application for a new license will be accepted for processing. A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. C. Reinstatement Fees. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. City of Brooklyn Center 12 -22 City Ordinance l 8. Written Decision, Compliance. A written decision to revolve, suspend, deny, or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re -let or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and Codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non - renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations . on the period of suspension, revocation or non - renewal specified in the City Council's written decision- or in paragraph 6 of this Section. 9. New Licenses Prohibited. A person who has a rental license revolved may not receive a rental license for another property within the City for a period of one year from the date of revocation. The person may continue to operate other currently licensed rental properties if the properties are maintained in compliance with City Codes and other applicable regulations. Section 12 -911. CONDUCT ON LICENSED PREMISES. 1. Conduct, Disorderly Activities, Nuisances Defined. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Chapter, disorderly *activities are considered nuisances and defined as follows: a. Noise — cats /dogs City Code Section 1 -110; horns /radios — City Code Sections 19 -1201, 1202, and 1203 b. Violation of City Code Section 19 -1121 (Unlawful Possession, Delivery, or Purchase) or violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes, Section 152.0 1, Subdivision 4, and drug paraphernalia as defined in Minnesota Statutes, Section 152:092. C. Public disturbance — City Code Section 19 -202. d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. e. Violation of laws relating to gambling. f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. City of Brooklyn Center 12 -23 City Ordinance Hennepin County Property Information Page 1 of I Hennepin Court tV MN %VWM,fWW. us HENNEPIN COUNTY TREASURER A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID No.: 10-118-21-42-0038 Property Address: 3401 47TH AVE N BROOKLYN CENTER Owner Name: COMMERS-CLOVER 11 LLP Taxpayer Name and Address: COMMERS-CLOVER 11 LLP 2575 N FAIRVIEW AVE #250 ROSEVILLE MN 55113 Property has prior year delinquent taxes. Call (612) 348-3011 for amount due. It is anticipated that 2012 Taxes will be available on this web site approximately March 1, 2012. https://wwwl6.co.hennepin.mn.us/taxpayments/taxesdue.jsp?pid=1011821420038 02/07/2012 Hennepin County Property Information Page 1 of 1 Hennepin Count►, MN www. us HENNEPIN COUNTY TREASURER A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9 :15 p.m. (CST) Property ID No.: 34- 119 -21 -42 -0023 Property Address: 6331 BEARD AVE N BROOKLYN CENTER Owner Name: COMMERS- CLOVER II LLP Taxpayer Name and Address: COMMERS- CLOVER II LLP 1000 CO RD "D" W NEW BRIGHTON MN 55112 Property has prior year delinquent taxes. Call (612) 348 -3011 for amount due. It is anticipated that 2012 Taxes will be available on this web site approximately March 1, 2012. https: / /wwwl6.co.henn' OP in.mn.us /taxpayments /taxesdue.jsp ?pid = 3411921420023 02/07/2012 Hennepin County Property Information Page 1 of 1 Hennepin CountV, MN VW►W .us HENNEPIN COUNTY TREASURER A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID No.: 34-119-21-42-0022 Property Address: 6401 BEARD AVE N BROOKLYN CENTER Owner Name: COMMERS-CLOVER 11 LLP Taxpayer Name and Address: COMMERS-CLOVER 11 LLP 1000 CO RD "D if W NEW BRIGHTON MN 55112 Property has prior year delinquent taxes. Call (612) 348-3011 for amount due. It is anticipated that 2012 Taxes will be available on this web site approximately March 1, 2012. https://wwwl6.co.hennepin.mn.us/taxpayments/taxesduejsp?pid=3411921420022 02/07/2012 Hennepin County Property Information Page 1 of 1 Hennepin Countv, MN WWWW. • 0 US HENNEPIN COUNTY TREASURER A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID No.: 34-119-21-42-0017 Property Address: 6425 BEARD AVE N BROOKLYN CENTER Owner Name: COMMERS-CLOVER II LLP Taxpayer Name and Address: COMMERS-CLOVER 11 LLP 1000 CO RD 11 1)" W NEW BRIGHTON MN 55112 Property has prior year delinquent taxes. Call (612) 348-3011 for amount due. It is anticipated that 2012 Taxes will be available on this web site approximately March 1, 2012. https://wwwl6.co.hennepin.mn.us/taxpayments/taxesdue.jsp?pid=3411921420017 02/07/2012 5 January 2012 By Certified Mail and U.S. Mail Commers- Clover II LLP 1000 County Rd D W New Brighton, Minnesota 55112 Commers- Clover II LLP 2575 N. Fairview Avenue, Suite 250 Roseville, Minnesota 55113 Clover Management c/o Phillip Scott Clover 4571 Trading Post Trail S Afton,- Minnesota 55001 -9645 RE: Notice of proposed license action Dear Sir, 1 Enclosed herewith and served upon you is a notice of proposed action against your rental licenses for those premises at 6331 Beard Avenue N., 6401 Beard Avenue N., 6426 Beard- Avenue N., and 3401 47 Avenue N. The only exception to an action based upon failure to pay real property taxes in a timely manner is a lawsuit maintained by you challenging the amount and/or validity of the tax. You must make an application to the Council for relief, if such a lawsuit is pending. You are further advised that an action against the license is not the sole or exclusive remedy available to the City and the City reserves the right for further proceedings. You are still further advised that payment of the tax, utilities and other amounts due, prior to the hearing, will not cause the hearing to be stricken. Sincerely, CARSON, CLELLAND & SCHREDER William G. Clelland i Prosecuting Attorney cc City Manage, Assistant City Manager LeFevere i NOTICE OF PROPOSED LICENSE ACTION You are hereby notified, pursuant to Section 12 -910 of the City Ordinances of the ordinances of the City of Brooklyn Center, and related Sections of Chapter 12, that a hearing before the City Council shall be held on the 13 day of February 2012 at 7:00 pm o'clock at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, at which time the City Council shall consider the revocation, suspension or non renewal of the rental license held by Commers - Clover II LLP for those apartment complexes at 6331 Beard Avenue N., 6401 Beard Avenue N., 6425 Beard Avenue N., and 3401 47 Avenue N. all in the City of Brooklyn Center, Minnesota. The grounds for this license action are the failure of the licensee to completely pay the year 2011 real property taxes and utilities. Specifically, relating to 6331 Beard Avenue N., the I real property taxes are unpaid and overdue in the principal amount of $7,063.53 with accruing penalties and interest and utilities are unpaid and overdue in the principal amount of $2,098.57 with interest and /or penalties accruing. Relating to 6401 Beard Avenue N., the real property taxes are unpaid and overdue in the principal amount of $7,063.53 with accruing penalties and interest and utilities are unpaid and overdue in the principal amount of $2,304.16 with interest and /or penalties accruing. Relating to 6425 Beard Avenue N., the real property taxes are unpaid and overdue in the principal amount of $7,063.42 with accruing penalties and interest and utilities are unpaid and overdue in the principal amount of $2,793.60 with interest and /or penalties accruing. Relating to 3401 47 Avenue N., the real property taxes are unpaid and overdue in the principal amount of $13,018.59 with accruing penalties and interest and utilities are unpaid and i i overdue in the principal amount of $4,409.28 with interest and /or penalties accruing. Section 12 -901 subd 4 provides that as a condition of acquiring a rental license and maintaining a rental license, the licensee must be current on payments for all assessments, taxes and utilities. Section 12 -910 provides for the revocation, suspension or non renewal of a rental license for, inter alia, failure to operate or maintain the license premises in conformity with all applicable state laws and codes and the City Code or Ordinances and any other violation of Chapter 12. One criteria is past violations. City records show that the licensee has received notice of unpaid and non current taxes three previous times for the premises at 6331 Beard Avenue N. 6401 Beard Avenue N., and 6425 Beard Avenue N and once for 3401 47 Avenue N. YOU ARE ADVISED THAT PAYMENT OF THE TAXES, UTILITIES, PENALTIES AND INTEREST PRIOR TO THE HEARING WILL NOT CAUSE THE HEARING TO BE STRICKEN. YOU HO D REP O ADDRESS THIS VIOLATION OF THE S UL BE PREPARED RED T CITY CODE AT THIS HEARING. i Office of the City Clerk I City of Brooklyn Center A Millennium Community Sharon Knutson, MMC City Clerk. December 7, 2011 ORDINANCE VIOLATION NOTICE Commers- Clover II LLP Clover Management c/o Phillip Scott Clover j 1000 Co Rd D W 4571 Trading Post Trail S New Brighton, MN 55112 Afton, MN 55001 -9645 ! RE: Rental Property Located at: 6331 Beard Ave N, PID# 34- 119 -21 -42 -0023 6401 Beard Ave N, PID# 34- 119 -21 -42 -0022 6425 Beard Ave N, PID# 34- 119 -21 -42 -0017 Dear Property Owner: Section 12- 901(9) states that licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. City records indicate that there are both taxes and utilities owed for this property. Property taxes and utilities must be paid in full to retain a rental dwelling license. Please submit payment for utilities to the City of Brooklyn Center and payment for taxes to Hennepin County Government Center, 300 S 6th Street, Administrative Tower A -600, Minneapolis, MN 55487- 0060, within 10 calendar days of the date of this letter. Failure to keep current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the.City on the rental property will result in legal prosecution by the City. FAILURE TO COMPLY AND BE CURRENT ON PROPERTY TAXES AND UTILITIES BY DECEMBER 19, 2011, WILL RESULT IN A HEARING BEFORE THE CITY COUNCIL, WHEREBY SANCTIONS MAY BE IMPOSED WHETHER OR NOT PAYMENT OF THE PROPERTY TAXES AND UTILITIES ARE MADE PRIOR TO THE HEARING. If payment has been made, please disregard this notice, as I will consult with the City Assessor and Utility Billing after your due date. Any questions regarding taxes may be directed to Hennepin County at 612- 348 -3011. Questions regarding utilities can be directed to the City utility billing division at 763- 569 -3390. Sincerely, Sharon Knutson City Clerk 6301 Shingle Creek Parkway Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 Fax (763) 569 -3434 Fax (763) 569 -3494 www. cityofbrooklyncenter. org I Created Date /Time: 12/06/201104:14:40 PM Customer Number: 00035328 Account Number: 0031230000 Service Address: 6331 BEARD AVE N Mailing Address: CLOVER MGMT 1000 W COUNTY RD D NEW BRIGHTON MN 55112 -7576 Customer /Account Transaction History Trans Date Transaction Amount Balance 11/09/20110:00 Cycle Billing Due: 12/07/2011 $907.74 $1,907.79 09/14/20110:00 Penalties - Street Light $4.74 $1,000.05 09/14/20110:00 Penalties - Water $18.06 $995.31 09/14/20110:00 Penalties -Storm Drainage $12.85 $977.25 09/14/20110:00 Penalties - Sewer $55.26 $964.40 08/10/20110:00 Cycle Billing Due: 09/07/2011 $909.14 $909.14 06/10/20110:00 Payment - Check ($2,167.77) $0.00 05/11/20110:00 Cycle Billing Due: 06/08/2011 $1,002.94 $2,167.77 03/16/20110:00 Penalties - Sewer $47.35 $1,164.83 03/16/20110:00 Penalties - Water $58.54 $1,117.48 03/15/20110:00 Payment - Check ($1,035.87) $1,058.94 02/09/20110:00 Cycle Billing Due: 03/09/2011 $1,058,94 $2,094.81 12/15/2010 0:00 Penalties - Street Light $4.61 $1,035.87 12/15/2010 0:00 Penalties -Storm Drainage $12.73 $1,031.26 12/15/2010 0:00 Penalties - Sewer $53.65 $1,018.53 12/15/2010 0:00 Penalties - Water $23.18 $964.88 11/10/2010 0:00 Cycle Billing Due: 12/08/2010 $941.70 $941.70 10/18/2010 0:00 Payment - Check ($1,059.45) $0.00 09/15/2010 0:00 Penalties - Street Light $4.61 $1,059.45 09/15/2010 0:00 Penalties -Storm Drainage $12.73 $1,054.84 09/15/2010 0:00 Penalties - Sewer $53.65 $1,042.11 09/15/2010 0:00 Penalties - Water $25.32 $988.46 08/11/2010 0:00 Cycle Billing Due: 09/08/2010 $963.14 $963.14 06/09/2010 0:00 Payment - Check ($917.58) $0.00 05/12/2010 0:00 Cycle Billing Due: 06/09/2010 $917.58 $917.58 03/10/2010 0:00 Payment - Check ($918.92) $0.00 02/10/2010 0:00 Cycle Billing Due: 03/10/2010 $918.92 $918.92 12/23/2009 0:00 Reconcile Balance To Street $4.48 $0.00 12/23/2009 0:00 Reconcile Balance To Strm Drn $12.59 ($4.48) 12/23/2009 0:00 Reconcile Balance To Sewer $53.13 ($17.07) 12/23/2009 0:00 Transfer Balance ($70.20) ($70.20) 12/17/2009 0:00 Penalties - Street Light ($4.48) $0.00 12/17/2009 0:00 Penalties -Storm Drainage ($12.59) $4.48 Created Date /Time: 12/06/201104:13:39 PM Customer Number: 00035328 Account Number: 0031220001 Service Address: 6401 BEARD AVE N Mailing Address: CLOVER MGMT 1000 W COUNTY RD D NEW BRIGHTON MN 55112 -7576 Customer /Account Transaction History Trans Date Transaction Amount Balance 11/09/20110:00 Cycle Billing Due: 12/07/2011 $932.94 $2,094.69 09/14/20110:00 Penalties - Street Light $4.74 $1,161.75 09/14/20110:00 Penalties -Storm Drainage $12.85 $1,157.01 09/14/20110:00 Penalties - Sewer $55.26 $1,144.16_ 09/14/20110:00 Penalties- Water $32.76 $1,088.90 08/10/20110:00 Cycle Billing Due: 09/07/2011 $1,056.14 $1,056.14 06/10/20110:00 Payment - Check ($2,145.65) $0.00 05/11/20110:00 Cycle.Billing Due: 06/08 /2011 $1,116.34 $2,145.65 03/16/20110:00 Penalties - Sewer $48.53 $1,029.31` 03/16/20110:00 Penalties - Water $45.04 $980.78 03/15/20110:00 Payment - Check ($1,024.08) $935.74 02/09/20110:00 Cycle Billing Due: 03/09/2011 $935.74 $1,959.82 12/15/2010 0:00 Penalties - Street Light $4.61 $1,024.08 12/15/2010 0:00 Penalties -Storm Drainage.. $12.73 $1,019.47 12/15/2010 0:00 Penalties - Sewer $53.65 $1,006.74 12/15/2010 0:00 Penalties - Water $22.11 $953.09 11/10/2010 0:00 Cycle Billing Due: 12/08/2010 $930.98 $930.98 10/18/2010 0:00 Payment - Check ($1,046.19) $0.00 09/15/2010 0:00 Penalties - Street Light $4.61 $1,046.19 09/15/20100:00 Penalties -Storm Drainage $12.73 $1,041.58 09/15/2010 0:00 Penalties - Sewer $53.65 $1,028.85 09/15/2010 0:00 Penalties - Water $24.12 $975.20 08/11/2010 0:00 Cycle Billing Due: 09/08/2010 $951.08 $951.08 06/09/2010 0:00 Payment - Check ($905.52) $0.00 05/12/2010 0:00 Cycle Billing Due: 06/09/2010 $905.52 $905.52 03/10/2010 0:00 Payment - Check ($929.64) $0.00 02/10/2010 0 :00 Cycle Billing Due: 03/10/2010 $929.64 $929.64 12/23/2009 0:00 Reconcile Balance To Street $4.48 $0.00 12/23/2009 0:00 Reconcile Balance To Strm Drn $12.60 ($4.48) 12/23/2009 0:00 Reconcile Balance To Sewer $53.12 ($17.08) 12/23/2009 0:00 Transfer Balance ($70.20) ($70.20) 12/17/2009 0:00 Penalties - Street Light ($4.48) $0.00, 12/17/2009 0:00 Penalties - Storm Drainage ($12.60) $4.48 Created Date /Time: 12/06/201104:11:34 PM Customer Number: 00035328 Account Number: 0031210002 Service Address: 6425 BEARD AVE N Mailing Address: CLOVER MGMT 1000 W COUNTY RD D NEW BRIGHTON MN 55112 -7576 Customer /Account Transaction History Trans Date Transaction Amount Balance 11/09/20110 :00 Cycle Billing Due: 12/07/2011 $1,384.62 $2,539.64 09/14/20110:00 Penalties - Street Light $4.74 $1,155.02 09/14/20110:00 Penalties - Storm Drainage $10.42 $1,150.28 09/14/20110:00 Penalties - Sewer $55.26 $1,139.86 09/14/20110:00 Penalties - Water $34.58 $1,084.60 08/10/20110:00 Cycle Billing Due: 09/07/2011 $1,050.02 $1,050.02 06/10/20110:00 Payment - Check ($2,106.90) $0.00 05/11/20110:00 Cycle Billing Due: 06/08/2011 $968.82 $2,106.90 03/16/20110 :00 Penalties - Sewer $41.53 $1,138.08 03/16/20110:00 Penalties - Water. $61.93 $1,096.55 03/15/20110:00 Payment - Check ($1,043.28) $1,034.62 02/09/20110:00 Cycle Billing Due: 03/09/2011 $1,034.62 $2,077.90 12/15/2010 0:00 Penalties - Street Light $4.61 $1,043.28 12/15/2010 0:00 Penalties - Storm Drainage $10.32 $1,038.67 12/15/2010 0:00 Penalties - Sewer $53.65 $1,028.35 12/15/2010 0:00 Penalties - Water $26.26 $974.70 11/10/2010 0:00 Cycle Billing Due: 12/08/2010 $948.44 • $948.44 10/18/2010 0:00 Payment - Check ($1,009.38) $0.00 09/15/2010 0:00 Penalties - Street Light $4.61 $1,009.38 09/15/2010 0:00 Penalties -Storm Drainage $10.32 $1,004.77 09/15/2010 0:00 Penalties - Sewer $53.65 $994.45 09/15/2010 0:00 Penalties - Water $23.18 $940.80 08/11/2010 0:00 Cycle Billing Due: 09/08/2010 $917.62 $917.62 06/09/2010 0:00 Payment - Check ($945.76) $0.00 05/12/2010 0:00 Cycle Billing Due: 06/09/2010 $945.76 $945.76 03/10/2010 0:00 Payment - Check ($981.94) $0.00 02/10/2010 0:00 Cycle Billing Due: 03/10/2010 $981.94 $981.94 12/23/2009 0:00 Reconcile Balance To Street $4.48 $0.00 12/23/2009 0:00 Reconcile Balance To Strm Drn $10.21 ($4.48) 12/23/2009 0:00 Reconcile Balance To Sewer $53.13 ($14.69) 12/23/2009 0:00 Transfer Balance ($67.82) ($67.82) 12/17/2009 0:00 Penalties - Street Light ($4.48) $0.00 12/17/2009 0:00 Penalties - Storm Drainage ($10.21) $4.48 Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson, MMC City Clerk December 7, 2011 ORDINANCE VIOLATION NOTICE Commers- Clover II LLP Clover Management c/o Phillip Scott Clover 2575 N Fairview Ave #250 4571 Trading Post Trail S Roseville, MN 55113 Afton, MN 55001 -9645 RE: Rental Property Located at: 340147th Ave N, PID# 10- 118 -21 -42 -0038 Dear Property Owner: Section 12- 901(9) states that licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. City records indicate that there are both taxes and utilities owed for this property. Property taxes and utilities must be paid in full to retain a rental dwelling license. Please submit payment for utilities to the City of Brooklyn Center and payment for taxes to Hennepin County Government Center, 300 S 6th Street, Administrative Tower A -600, Minneapolis, MN 55487 - 0060, within 10 calendar days of the date of this letter. Failure to keep current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the rental property will result in legal prosecution by the City. FAILURE TO COMPLY AND BE CURRENT ON PROPERTY TAXES AND UTILITIES BY DECEMBER 19, 2011, WILL RESULT IN A HEARING BEFORE THE CITY COUNCIL, WHEREBY SANCTIONS MAY BE IMPOSED WHETHER OR NOT PAYMENT OF THE PROPERTY TAXES AND UTILITIES ARE MADE PRIOR TO THE HEARING. If payment has been made, please disregard this notice, as I will consult with the City Assessor and Utility Billing after your due date. Any questions regarding taxes may be directed to Hennepin County at 612 -348 -3011. Questions regarding utilities can be directed to the City utility billing division at 763- 569 -3390. Sincerely, *P0 Sharon Knutson City Cleric 6301 Shingle Creek Parkway Recreation and Community Center Phone.& TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 Fax (763) 569 -3434 Fax (763) 569 -3494 www.cityofbrooklyncenter.org Created Date /Time: 12/06/201104:07:59 PM Customer Number: 00035328 Account Number: 0063820002 Service Address: 340147TH AVE N Mailing Address: CLOVER MGMT 1000 W COUNTY RD D NEW BRIGHTON MN 55112 -7576 Customer /Account Transaction History Trans Date Transaction Amount Balance 11/23/20110 :00 Cycle Billing Due: 12/21/2011 $1,797.40 $4,008.44 09/28/20110:00 Penalties - Street Light $8.69 $2,211.04 09/28/20110:00 Penalties -Storm Drainage $25.36 $2,202.35 09/28/20110:00 Penalties - Sewer $101.31 $2,176.99 09/28/20110:00 Penalties - Water $65.64 $2,075.68 09/13/20110:00 Certification Water Write -Off ($1,876.40) $2,010.04 08/24/20110:00 Cycle Billing Due: 09/21/2011 $1,825.40 $3,886.44 08/05/20110:00 Certification Admin Fee $30.00 $2,061.04 07/07/20110:00 Certification - Water ($1,846.40) $2,031.04 07/07/20110:00 Certification - Water $1,846.40 $3,877.44 06/29/20110:00 Penalties - Water $184.64 $2,031.04 06/10/20110:00 Payment - Check ($2,126.52) $1,846.40 05/25/20110:00 Cycle Billing Due: 06/22/2011 $1,846.40 $3,972.92 03/30/20110:00 Penalties - Sewer $60.19 $2,126.52 03/30/20110:00 Penalties - Water $133.13 $2,066.33 03/15/20110:00 Payment - Check ($2,202.88) $1,933.20 02/23/20110:00 Cycle Billing Due: 03/23/2011 $1,933.20 $4,136.08 12/29/2010 0:00 Penalties - Street Light $8.45 $2,202.88 12/29/2010 0:00 Penalties - Storm Drainage $25.11 $2,194.43 12/29/2010 0:00 Penalties - Sewer $98.36 $2,169.32 12/29/2010 0:00 Penalties - Water $68.34 $2,070.96 11/24/2010 0:00 Cycle Billing Due: 12/22/2010 $2,002.62 $2,002.62 10/18/2010 0:00 Payment - Check ($2,179.30) $0.00 09/29/2010 0:00 Penalties - Street Light $8.45 $2,179.30 09/29/2010 0:00 Penalties -Storm Drainage $25.11 $2,170.85 09/29/2010 0:00 Penalties - Sewer $98.36 $2,145.74 09/29/2010 0:00 Penalties - Water $66.20 $2,047.38 08/25/2010 0:00 Cycle Billing Due: 09/22/2010 $1,981.18 $1,981.18 07/09/2010 0:00 Payment - Check ($2,033.37) $0.00 07/01/2010 0:00 Certification - Street Light ($84.48) $2,033.37 07/01/2010 0:00 Certification -Street Light $84.48 $2,117.85 07/01/2010 0:00 Certification -Storm Drainage ($251.12) $2,033.37 07/01/2010 0:00 Certification -Storm Drainage $251.12 $2,284.49 i 07/01/2010 0:00 Certification -Sewer ($983.62) $2,033.37 07/01/2010 0:00 Certification - Sewer $983.62 $3,016.99 07/01/2010 0:00 Certification - Water ($529.30) $2,033.37 07/01/2010 0:00 Certification - Water $529.30 $2,562.67 06/30/2010 0:00 Penalties - Street Light $8.45 $2,033.37 06/30/2010 0:00 Penalties - Storm Drainage $25.11 $2,024.92 06/30/2010 0:00 Penalties - Sewer $98.36 $1,999.81 06/30/2010 0:00 Penalties - Water $52.93 $1,901.45 05/26/2010 0:00 Cycle Billing Due: 06/23/2010 $1,848.52 $1,848.52 03/24/2010 0:00 Payment - Check ($2,001.65) $0.00 02/24/2010 0:00 Cycle Billing Due: 03/24/2010 $1,816.36 $2,001.65 01/04/2010 0:00 Payment - Check ($1,852.86) $185.29 12/30/2009 0:00 Penalties - Street Light $8.21 $2,038.15 12/30/2009 0:00 Penalties - Storm Drainage $24.85 $2,029.94 12/30/2009 0:00 Penalties - Sewer $97.40 $2,005.09 12/30/2009 0:00 Penalties - Water $54.83 $1,907.69 11/25/2009 0:00 Cycle Billing Due: 12/23/2009 $1,852.86 $1,852.86 09/17/2009 0:00 Payment - Check ($1,796.10) $0.00 08/26/2009 0:00 Cycle Billing Due: 09/24/2009 $1,796.10 $1,796.10 06/19/2009 0:00 Payment - Check ($2,037.13) $0.00 05/27/2009 0:00 Cycle Billing Due: 06/24/2009 $2,037.33 $2,037.13 03/17/2009 0:00 Payment - Check ($2,016.89) ($0.20) 02/25/2009 0:00 Cycle Billing Due: 03/25/2009 $2,016.69 $2,016.69 12/24/2008 0:00 Payment - Check ($2,233.33) $0.00 11/26/2008 0:00 Cycle Billing Due: 12/24/2008 $2,233.33 $2,233.33 09/15/2008 0:00 Payment - Check ($1,928.33) $0.00 08/27/2008 0:00 Cycle Billing Due: 09/24/2008 $1,928.33 $1,928.33 06/20/2008 0:00 Payment - Check ($1,669.58) $0.00 05/28/2008 0:00 Cycle Billing Due: 06/25/2008 $1,669.58 $1,669.58 03/10/2008 0:00 Payment - Check ($2,013.33) $0.00 02/27/2008 0:00 Cycle Billing Due: 03/26/2008 $2,013.33 $2,013.33 12/12/2007 0:00 Payment - Check ($1,996.55) $0.00 11/28/2007 0:00 Cycle Billing Due: 12/26/2007 $1,996.55 $1,996.55 09/25/2007 0:00 Converted Payment Code ($1,741.89) $0.00 08/29/2007 0:00 Converted Billing Code $1,741.89 $1,741.89 06/25/2007 0:00 Converted Payment Code ($32.13) $0.00 05/30/2007 0:00 Converted Billing Code $1,591.95 $32.13 05/01/2007 0:00 Converted Payment Code ($1,715.80) ($1,559.82) 04/25/2007 0:00 Converted Payment Code ($1,559.82) $155.98 02/28/2007 0:00 Converted Billing'Code $155.98 $1,715.80 02/28/2007 0:00 Converted Billing Code $1,559.82 $1,559.82 12/20/2006 0:00 Converted Payment Code ($1,879.78) $0.00 11/29/2006 0:00 Converted Billing Code $1,673.98 $1,879.78 10/19/2006 0:00 Converted Payment Code ($2,058.04) $205.80 08/30/2006 0:00 Converted Billing Code $205.80 $2,263.84 08/30/2006 0:00 Converted Billing Code $2,058.04 $2,058.04 06/19/2006 0:00 Converted Payment Code ($2,177.92) $0.00 City Council Agenda Item No. 10e i COUNCIL ITEM MEMORANDUM DATE: February 13, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J aW SUBJECT: Type IV 6 -Month Provisional Rental License for 6116 Aldrich Avenue N Recommendation: It is recommended that the City Council consider approval of the resolution and the issuance of a Type IV 6 -Month Provisional Rental License and Mitigation Plan for 6116 Aldrich Avenue N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: The property would qualify for Type II Rental License based on three property code violations and zero validated police nuisance incidents. However, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically attending the Owners/Managers Association Meetings, completing security improvements and submitting monthly updates. The property owner received a Type IV Rental License on September 12, 2011 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 I 1I and III of the Crime Free Housin g Program. Pro ram City rdinance Section 12- 914.3.c Y requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. The inspection of the property revealed three property 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 maintained the property in general compliance with property codes, allows for additional time to comply with the Mitigation Plan promoting long -tern compliance, and other penalties are provided by the process that seem more effective than license denial at this time. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe community that enhances the gualio of life and preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities: I 11 -10 -11 A rental license renewal application was received Troy Pullis, a single family residential property. 12 -06 -11 An initial rental inspection was conducted. Three property code violations were cited, see attached rental criteria. 01 -10 -12 No one was on site to meet the inspector for the scheduled inspection. 01 -10 -12 A reinspection fee of $100 was incurred for the property. 01 -25 -12 The reinspection fee was paid and the reinspection was conducted and passed. 01 -25 -12 City records indicate zero validated police incident /nuisance calls occurred in the past twelve months. 01 -31 -12 The previous rental license expired. Continued Type IV rental license approval activities 08 -22 -11 Troy Pullis applied for a renewal of the rental dwelling license for 6116 Aldrich Ave N, single family residential property. 08- 24 -11 An initial rental inspection was conducted and passed with zero property code violations. 08 -24 -11 Zero validated police incidents /nuisance calls were reported. 09 -12 -11 The license and the mitigation plan were approved by council with a license expiration date of January 31, 2012. 01-31-12 The rental license expired.. 02 -03 -12 Two Administrative Citations were issued for not meeting the Type IV Rental License and Mitigation Plan requirements for the ARM meetings and security improvements. Prior Type IV license approval activities: 04 -16 -10 Troy Pullis applied for a renewal of the rental dwelling license for 6116 Aldrich Ave N, single family residential property. 06 -01 -10 An initial rental inspection was conducted with 11 property code violations. 08 -30 -10 A second inspection was conducted and passed. 09 -10 -10 A reminder letter was sent to the owner regarding license requirements. 11 -12 -10 An incomplete Mitigation Plan was received and returned to the owner. 11 -18 -10 The Phase I Crime Free Multi Housing program was completed. 12 -15 -10 The Phase Il Crime Free Multi Housing assessment was conducted. 12 -27 -10 The Mitigation Plan was received and approved. 01 -10 -11 The license and the mitigation plan were approved by council with a license expiration date of July 31, 2011. If approved, after six months, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. r Mission: Ensnrin,,- an attractive, cleat, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM E xcerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and /or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe cony» utnity that enhances the qualio of fife andpreserves thepublic 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 g P p Y g 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. j Mission: Ensuring an attractive, clean, safe commnnify that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units _0475 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3 +units Greater than0.75 but not more than 1.5 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 3+ units ' 'Greater than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3-4 units 0 7 0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 34 units Gf6atef than 1 5 or more units Greater than 0.50 I Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust i. 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 September 12, 2012 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 6116 Aldrich Ave N Mission: Ensuring an attractive, clean, safe conununio that enhances the quality of life and preserves the public trust i I i I I I City of Brooklyn Center Phone: 763 - 569 - 3300 6301 Shingle Creek Parkway TTYlVoice 711 Brooklyn Center, MN 55430 -2199 Fax. 763 - 569 -34 www.cityolbrooldyncellter olg Rental License Mitigation Plan (Type IV License) Handwritten plans will not be accepted. Please type or use frllable form on City website� Property Address: 6116 aldrich ave north Owner Name: Troy Pullis Local Agent: Owner Address: Agent Address: 2974 Oaklawn lane, Mound MN 55364 Owner Phone: 952 -484 -4332 Agent Phone: Owner Email: T93properties @hotmail.com Agent Email: The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be completed and reviewed by City staff before the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions of the pro Section A _Required lloctimenls Submit the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Signed & Completed Mitigation Plan 4. Security Assessment Report (Performed by the Brooklyn Center Police Department) =5. Submit written report by 10` of each month (after license approval). Section B ,�Crune7+'t ee�Ho�s><n Pro ram Re. `u�re'rients.:. `: .. 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 ifrequested. 3. Pursue the eviction of tenants who violate the terms ofthe lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: Date Course Scheduled: 11/18/2010 Phase II © Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Completed: Z " Improvements to be completed by: Page 1 Type IV Mitigation Plan 9 -10 i Phase III I will attend a minimum of 50% of the ARM meetings (four). I will attend the ARM meetings scheduled for: & =I will have no repeat code violations previously documented within the past year. For properties with four or mare units. I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section. C :`Ton :Term Ca <a1`m ravements Plan Date Last Replaced Future Replacement Date Furnace /AC 01/0112008 Water Heater 10/01/2009 Kitchen Appliances 12/01/2009 Laundry Appliances 12/0112009 Exterior -Paint /Siding - Windows. -Roof 07/01/2013 -Fence 07/0112011 -Shed - Garage - Driveway 07ro1/2011 - Sidewalks Smoke Alarms & Carbon Monoxide Alarms 12/01/2009 Other: newer windows and stucco siding Section -;Ste s fo Jm rove 2VIaua emeut and 'to ndihons .of Pro e . Implementing the following best practices may assist in the management of your property. Bp checking Il :e 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: centerpoint energy servi plus Other: Page 2 Type IV Mitigation Plan 9 -10 i i i 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 I0' of each calendar month, the licensee must submit to the Building and Community Standards Depart rent 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 with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. //- z - zoi 6 it e Date Additional Owner or Agent Signature / Title Date (If applicable) Police Department / Title Date B ' mg & Community Standards Department ! Title Date Page 3 Type IV Mitigation Plan 9 -10 i il l Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6116 ALDRICH AVENUE N WHEREAS, City Ordinance Sections 12 -900 to 12 -916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6116 Aldrich Avenue N, 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 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 6116 Aldrich Avenue N, Brooklyn Center failed to attend Owners /Managers Association Meetings, complete security improvements and submit monthly updates. 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 6116 Aldrich Avenue N, Brooklyn Center, MN. February 13, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10f i COUNCIL ITEM MEMORANDUM DATE: February 13, 2012 TO: Curt Boganey, City Manager tj FROM: Sharon Knutson City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 6101 Xerxes Ave N Recommendation: It is recommended that the City Council consider approval of the resolution and the issuance of a Type IV 6 -Month Provisional Rental License and Mitigation Plan for 6101 Xerxes 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: The property would qualify for Type I Rental License based on property code violations and validated police nuisance incidents. However, the property owner failed to meet the condition of their Type IV Rental License, specifically failure to attend Owners/Managers Association Meetings and submit monthly updates. The property owner received a Type IV Rental License on November 28, 2011 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 I, II, and III of the Crime Free Housing Program. City Ordinance Section 12- 914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. The inspection of the property passed with one property code violation with a weather deferral. 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, and other penalties are provided by the process that seem to be more effective for this situation at this time. The following is a brief history of the license process actions. Current rental license approval activities: 12 -28 -11 Govan Singh submitted an application for a rental license renewal application for a single family property. 12 -31 -11 The previous rental license expired. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM O1 -12 -12 The owner attended the ARM meeting. 01 -23 -12 A rental inspection was conducted and passed with one weather deferred property code violation cited, see attached rental criteria. O1 -23 -12 City records indicate zero validated police incident /nuisance calls occurred in the past twelve months. Continued Type IV rental license approval activities 07 -21 -11 A rental license renewal application as received from Govan Singh. w v o va pp 08 -22 -11 An inspection was conducted noting six violations. 08 -22 -11 City records indicate zero validated police nuisance calls in the past 12 months. 09 -22 -11 A reinspection was conducted and failed. 09 -26 -11 An administrative citation was issued for renting without a license. (Expired 06- 30-11) 10 -14 -11 An extension was requested by the owner and granted by the inspector. 11 -02 -11 A reinspection was conducted and passed. 11 -09 -11 The property was posted as unlicensed (license expired 6- 30 -11) due to delinquent utilities. 11 -15 -11 The owner paid the delinquent water utility bill. 11 -28 -11 A type IV license was approved by the City Council (expires 12- 31 -11). 12 -31 -11 The rental license expired. 02 -03 -12 A repeat administrative citation for $600 was issued for renting without a license. (Expired 12- 31 -11.) 02 -03 -12 An administration citation was issued for $125 for not attending the ARM meetings and Mitigation Plan requirements. Prior Type IV license approval activities: 9 -30 -10 Govan Singh applied for renewal of the rental dwelling license for 6101 Xerxes Avenue N, a single - family residential property. 10 -27 -10 An initial rental inspection was conducted (nine ordinance violations were cited, see attached rental criteria). 1 -11 -11 A second rental inspection was conducted and passed. 1 -19 -11 Zero validated police incident /nuisance calls occurred in the past 12 months. 1 -19 -11 A letter was sent to the owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.). 02 -24 -11 A reminder letter sent requesting Mitigation Plan. 05 -02 -11 The Mitigation Plan was finalized. 05 -09 -11 A Type IV Rental License was approved by the City Council. (Expiration 06- 30 -11) 05 -12 -11 The owner didn't attend the ARM meeting as stated in the Mitigation Plan. 07 -01 -11 An Administrative Citation for $300 was issued for operating a rental property without a license. 07 -14 -11 The owner didn't attend the ARM meeting as stated in the Mitigation Plan. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and presems the public trust fi COUNCIL ITEM MEMORANDUM If approved, the licensing renewal process will begin immediately. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. 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. i 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 Mission: Ensuring an attractive, clean, safe conununify that enhances the quality of life and preserves the public trust I i COUNCIL ITEM MEMORANDUM month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • 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 conununit , that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1— 3 Year 1-2 units 0-1 3+ units 0--" Type 11— 2 Year 1-2 units Greater than I but not more than 4 �3+uhits --IGi� 3 -5 but na t =snore than 1.5 Type III —1 Year 1-2 - units Greater than 4 but not more than 8 umis = Greater hi&4.5 but not more than 3. Type IV — 6 Months 1-2 units Greater than 8 unit - 7- Ore 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 Pail I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than I but not more than 3 Category 3-4 units Greate 4h than 0.25 but notote than I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Gredtorthan I 5 or more units Greater than 0.50 Mission: Eiistiiiiigaii attractive, clean, safe communlo th at enhances the quality of life and preserves fle public tnist COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Copy of Mitigation Plan Approved as Part of the November 28, 2011 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 6101 Xerxes Ave N Mission: Ensuring an attractive, clean, safe community that enhances the 7ualig of life and preserves the public trust City of Brooklyn Center Phone: 763 - 569.3300 6301 Shingle Creek Parkway TTYj 6nice711 Brooklyn Center, MN 55430 - 2199 Far: 763 n�r•ts:cigwfbrvokb ncenter.atd Rental License Mitigation Plan (Type N License) Handwritten plans will not be accepter! Please type or use frllabie form on City website. Property Address: 6 101 Xerxes Ave. No Owner Name' Govan Singh Local Agent: Owner Address: Agent Address: 9812 Ford Circle, St. Louis Park, MN 55426 Owner Phone: 612_616 -4416 Agent Phone: Owner Finail: gsin rou com [ Agent Email: 9 �it 9 P• t The above referenced property qualifies fora '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 possible solutions to improve the overall conditions of the property. Submit the following documents with the Mitigation Plan for approval: I y l 1. Crime Free Housing Program Training Certificate 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Signed & Completed Mitigation Plan O 4. Security Assessment Report (Performed by the Brooklyn Center Police Department) 5. Submit written report by 10' of each month (after license approval). �ectiori B �r�me�r�e l�otistnII rAmRe uirennents `� _ _ ,,:.: ,: _:, 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 terns of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 03/23/2011 Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Completed: 04/0212011 Improvements to be com by: Page I Type 1V Mitigation Plan 1-11 Security was suggested at egress window but I already have an alarm system. Se a ttached. i i �I Phase III 0 ✓ 1 will attend a minimum of 50% of the ARM meetings (four). Twill attend the ARM meetings scheduled fm': 0511 912 0 1 1 & 071141201 R 0 I will have no repeal code violations previously documented within the past year. rnr properties with foen• or more units: 1 will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. `St?t*tia�,� - Lona1'err`in G- a`_fa�l Im".ro�remen�s Plan Date Last Replaced Future — Replacement Date Furnace /AC 09/01/2002 20yrs Water Heater 07101/2005 10yrs Kitchen Appliances 01101/2001 5yrs Laundry Appliances 09/01/2008 10yrS Exterior - Paint/Siding 06101/2009 4 -5yrs - Windows 06/01/2009 .20yrs _ -Roof 06/01/2000 9yrs -Fence -Shed - Garage - s6te�azee9 - Driveway - Sidewalks Smoke Alanus & Carbon Monoxide Alanus rd wire Other: 5eioil3 ._Ste �s to_Ttn rotie;lana. " �ment andondrt?on 9f Prti exi. Implementing the following best practices may assist in the management ofyour property. By checking the boxes below, yore 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: 0 I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. Other: If theType 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 I O' 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. Page 2 Type IV Mitigation Plan 1 -11 i I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. GOVAN SI H 04/22/ 011 -- v zz Owner W gent inn More / Title Date Additional Owner or Agent Signature / Title Date (If applicable) Police Department / Title Date Building & C mmmunity Standards Department / Title Date Page 3 Type IV Mitigation Plan 1 -11 i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6101 Xerxes Ave N WHEREAS, City Ordinance Sections 12 -900 to 12 -916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6101 Xerxes Ave N was issued a Type IV Rental License on November 28, 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 III 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 6101 Xerxes Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and submit monthly updates to the Mitigation Plan. 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 6101 Xerxes Ave N, Brooklyn Center, MN. February 13, 2012 Date Mayor ATTEST: City Cleric 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 Into. 10g I COUNCIL ITEM MEMORANDUM DATE: February 13, 2012 TO: Curt Boganey, City Manager - g FROM: Sharon Knutson City Cleric�� /��� Y � SUBJECT: Type IV 6 -Month Provisional Rental License for 5715 Emerson Ave N Recommendation: It is recommended that the City Council consider approval of the resolution and the issuance of a Type IV 6 -Month Provisional Rental License and Mitigation Plan for 5715 Emerson 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: The property continues to qualify for a Type IV Rental License based on eleven property code violations and one validated police nuisance incident. Further, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically not attending 50% of the scheduled Owners /Managers Association Meetings, not completing security improvements, not submitting monthly updates, and not submitting the Crime Free Multi Housing Certificate. The property owner received a Type IV Rental License on May 9, 2011 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 Phases I, 1I, and III of the Crime Free Housing Program in accordance with City Ordinance Section 12 -914. The inspection of the property revealed eleven property code violations, with one weather deferral item. Further, the Type IV Rental License conditions have not been met. Staff is recommending approval of a continued Type IV Rental License in lieu of license denial, suspension or revocation. No critical life safety hazards existed upon completion of the license application process, and it would allow the landlord to continue to work on long -term corrective measures as prescribed in the Mitigation Plan. The following is a brief history of the license process actions. Current rental license approval activities: 09 -22 -11 A rental license application was received from My Truong, for a single family residential property. Mission: Ensuring an attractive, clew:, safe communloy that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM j 10 -19 -11 An inspection was scheduled and no one was on site to meet the inspector. 10 -31 -11 An initial rental inspection was conducted, noting eleven property code violations. (Please see attached rental criteria.) 11 -30 -11 The reinspection was rescheduled. 11 -30 -11 The rental license expired. 12 -05 -11 The re- inspection was rescheduled. 12 -06 -11 The property was posted as an unlicensed rental property. 12 -09 -11 An Administrative Citation for $125 was issued for failure to meet the plan requirements. 01 -18 -12 A phone call was made to the owner regarding the unpaid reinspection fee. 01 -19 -12 The reinspection fee was paid. 01 -19 -12 The reinspection was conducted and passed with one weather deferral item. 01 -19 -12 City records indicate one validated police incident /nuisance calls occurred in the past twelve months. (Disturbance on I I- 12 -11.) Prior Type IV Rental License approval activities: 03 -30 -10 My Truong applied for initial rental dwelling license for 5715 Emerson Ave N, a single - family residential property. 04 -26 -10 An initial rental inspection was conducted and 16 property code violations were cited. (Please see attached rental criteria) 05 -26 -10 A second rental inspection noted violations not corrected. 06 -25 -10 A third rental inspection noted violations not corrected. 10 -14 -10 A fourth rental inspection noted one violation remained uncorrected. 11 -12 -10 Left message for owner regarding correction orders and re- inspection fees. 02 -02 -11 Called and spoke to owner re- informed of $200 re- inspection fee due. 02 -10 -11 Phone call from property manager discussed re- inspection fee. 02 -22 -11 Spoke to owner about re- inspection fee. 02 -24 -11 Spoke to owner about re- inspection fee 02 -25 -11 Inspection fee paid. 03 -01 -I1 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.) 04 -14 -11 A Mitigation Plan finalized. 05 -09 -11 The rental license and mitigation plan approved by City Council. If approved, the licensing renewal process will begin immediately. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe community that enhances the gualit►v of life and preserves the public trust COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and /or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust 1 7 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 j 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 conunnnity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 - 2 units 0 -1 � ± =units 0 -0,75 Type II — 2 Year 1 -2 u nits Greater than 1 but not more than 4 3 ± u nits _ i Greater than 0.75 but not more than 5 Type III — 1 Year 1 -2 units Greater than 4 but not m ore tha 8 3± units Greater than L b n ot m than 3 Type IV — 6 Months 1 -2 uni Greater than 8 3+ units Greater than =3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3A&uA 0 -0.25 5 or more units 0-0.35 Decrease 1 1 -2 Greater° t han 1 but not m ore th 3 Category 3-4 Greater t 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Great than 3 Categories 3 -4 units Grate 1 5 or more units Greater than 0.50 Mission: Ensuring on attractive, clean, safe eonun unit) that enhances the qualify of life and preserves the public trust i 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 May 9, 2011 Type IV Rental License Approval - Resolution Approving a Type e I Rental License for 5715 Emerson Ave N d Mission: Ensuring an attractive, clean, safe conununi& that enhances the guallo of life and preserves the public trust City of Brooklyn Center 6301 Shingle Creek Parkway _ Brooklyn Center, MN 55430 -2199 Rental License Mitigation Plan (Type 7V License) Handwrittenplans will not be accepted Please type or asefrllable farm on City webslte. Property Address: 5715 Emerson Avenue North Owner Name: and M Homes 11, LLC Local Agent: My Lam Owner Address: Agent Address: 2400 Blaisdell Avenue South #82 MPLS, MN 65404 Same Owner Phone: 612 870 - 6294 Agent Phone; 612 - 703 - 6666 Owner Email: mydiam@gmaii.com Agent Email: mydiam @gmail.com 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 pro perty concerns and identify possible solutions to imp rove the overall conditions ofthc p Sec tion A — Required Documents Submit the following documents with the Mitigation flan for approval: = L Crime Free Housing Program Training Certificate I Y 1 2. Copy ofLeasc including Minnesota Crime Tree Housing Lease Addendum = 3. ! 3. Signed & Completed Mitigation Plan = 4. u 4. Security Assessment Report (Perfornmed by the Brooklyn Center Police Department) ®S. Submit written report by 10" of each month (after license approval). Section B — Crinte Free Housing Program Requirements Phase 1 1. Use written lease including Crime Free Housing 1-case Addendum. 2. Conduct criminal background chock for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free housing course, Date Course Completed: Date Course Scheduled: 05112/2011 i�haso C1 I Complete Security Assessment and implement all security improvements rccornmended by the 1_ —J Brooklyn Center Police Department. Date Com leted: C j Improve to be completed by; 05/2512011 Page 1 Type IV Mitigation Plan 1 -1 I i I ' Phase m I will attend a minimum of 50% ofthe ARM meetings (four), I will attend the ARM meetings scheduled for: n7/1419M I & 09118/9p1 � 11/10/2011 & F_ v t 1 will have no repeat code violations previously documented within the past year. For properties wills four or more units, I will conduct resident training annually that includes crime prevention techniques, I will hold regular resident meetings. Sect C — Long Term Capital Imp rovernents Plan Date Last Replaced suture Replacement Date Fumace /AC o5/OW= \Vater Heater 051011201 5 _Ki tchen Appliances _ 0510112014 LaundryAppliances osrotnota Exterior - Paint/Siding 0510112020 Windows 05/01/2020 -Roof osotrzotr -hence 05/0112015 -Shed _ - Garage 05101/2020 - Driveway 0510V2015 _ - Sidewalks 0510112015 Smoke Alarms _ & C arbon Monoxide Alarms 05101/2009 0611512011 Qther: Section D — Steps to Improve Management and Conditions of Prope Implementing the following best practices may assist in the management of your property. By cheeking 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. J✓_ ,Provide maintenance service plan for appliances, Name of service company. Al Appliances 0✓ I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. Q Other, If the Tvpe IV Mental 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. Page 2 Type JV Mitigation Plan I -1 I I I verily that all information provided above is true and accurate. I understand that ifI do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. Owner or Agent Sigmaturc / Title Dura I Additional Owner or Agent Signature /Title llate Cd1' PPlicoble) / Police Department / Title II" -- Dat Building & C Standards Department / Title Date Page 3 Type IV Mitigation Plan 1 -1 1 i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5715 EMERSON AVE N WHEREAS, City Ordinance Sections 12 -900 to 12 -916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5715 EMERSON AVE N, was issued a Type IV Rental License on May 9, 2011; and WHEREAS, eleven property code violations were found during the initial rental license inspection resulting in a Type IV Rental License Category according to Rental License Category Criteria Policy adopted by the City Council on March 8, 2010; WHEREAS, City Ordinance Section 12 -901.2 requires a property owner who receives a Type IV Rental License complete Phase I, 11 and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12 -914 establishes the requirement for an owner of a Type IV rental property to complete Phase I, II, and III of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners /Managers Association Meetings, completion of Crime Prevention Through Environmental Design Requirements and submission of monthly updates; and WHEREAS, the property owner of 5715 Emerson Ave N, Brooklyn Center failed to attend 50% of the scheduled Owners /Managers Association Meetings, did not complete security improvements, did not submit monthly updates; and did not submit the Crime Free Multi - Housing Certificate. 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 5715 Emerson Ave N, Brooklyn Center, MN. February 13, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member l 1 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. 10h COUNCIL ITEM MEMORANDUM DATE: February 13, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ( JA SUBJECT: Type IV 6 -Month Provisional Rental License for 5828 Fremont Avenue N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and Mitigation Plan for 5828 Fremont Avenue N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on eleven property code violations found during the initial rental license inspection and zero validated police incidents /nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 10 -06 -11 Hamid Safdari applied for renewal of the rental dwelling license for 5828 Fremont Ave N, a single family dwelling. 11 -03 -11 An initial rental inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 12 -08 -11 A second rental inspection was conducted and passed. 12 -08 -11 City records indicate zero validated police incident /nuisance calls occurred in the past twelve months. 01 -04 -12 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01 -13 -12 The Mitigation Plan was submitted. 01 -19 -12 The Mitigation Plan was finalized. 01 -20 -12 A letter was sent to the owner(s) notifying reminding them of the type IV License requirements. Mission: Ensuring an attractive, clean, safe communio that enhances the quality of life and preserves the public trust i COUNCIL ITEM MEMORANDUM 01 -31 -12 The rental license expired. If approved, after six months, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of Citv Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, 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 Mission: Ensuring an attractive, clean, safe community that enhances the qualio of life and preserves the public bust COUNCIL ITEM MEMORANDUM month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required b the License Category, q Y , even g Y 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 conununity that enhances the quality of life nndpresewes thepublic trust i COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3 +units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 31 units Greater than 0.75 but not more than 1 5 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 3+- units Greater than 1.5 . but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3 -4> units 0 -0.25 5 or more units 0-0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3-4 -units Greater than 0.25 but-hot than 4 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 34 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the 7ualio of life and presewes the public trust i COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan I Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust / / /- � of Brooklyn Center Phone: 763-569-3300 TTY 711 it 6 Shingle Creek Parkway Fax: 763-569-3360 M Brooklyn Center, MN 55430-2199 www.cityoffirooklyncenter-org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Pkase type or usefillableform on City website. dd Ke Renew a& Curreht License Upirati' 1/31/1 ending Type IV License txp., Date Six months,&m current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing, compliancewith City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. NM Submit the following documents with the Mitigation Plan for approval: I . Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum F79 3. Submit written report by I O' of each month (after license approval). VIA- T 1. Use written lease including Crime Free Housing Lease Addendum. 571 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 ( I Q 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 12/13/2911 or Date Course Scheduled: Phase II ® Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: ///7/ y j Improvements to be completed by: Phase III i �✓ I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 01112/2012 & 03198/2012 Do these two meeting dates occur before the *Pending Type IV License expiration date? ❑ Yes* No ( *See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. 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. Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Fumace /AC- 8/1998 212022 Water Heater- 10/1999 212022 Kitchen App liances- 1112009 2/2025 Laundry Appliances- Dryer was replaced 0912011 212015 Exterior - Paint/Siding, fascia, trim Ne w g 09/2011, landscaping 09111 5/2000 212040 - Windows One window replaced bat 11 8/1998 2/2030 -Roof 10/1995 212025 -Fence 1011990 2/2030 -Shed 1012000 2/2040 - Garage 8/1951 2/2050 - Driveway 7/1998 212040 - Sidewalks no sidewalks Smoke Alarms & Carbon Monoxide Alarms 1112009 1112011 Other(s hSe�iQti?tS> a :som roveslVl$n e`ment>ndrid <ipir�bf P . _ _? s..: 4.,:a Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 1. Check in with tenants every 30 days. r ✓ 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11 -16 -11 I i F 3. Evict tenants in violation of the lease and all addendums. R 4. Provide lawn /snow service. S. Provide garbage service. M6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. ® 9. Other(s): Please read thoroughly: 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 I Oth 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 with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. M A Iteler'sel ifs ]' Mai — vv oI�Tluli�nr s� I,V t�'Lt 1 "'NHK(CP Owner or Agent Name and Title (P lease Print) 111 0 4 0 'r or Agent Signature Dat Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date For Citv Use -- Mitigation Plan Approved By: olice Department / Title ate Building &Community Standards Department /Title Date Page 3 Type IV Mitigation Plan Rev 11 -16 -11 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION February 13, 2012 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Draft Resolution Establishing Centennial Memorial Amphitheater Fundraising Task Force 2. Legislative Update 3. Retreat Update 4. Brooklyns Youth Council Update PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 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 MEMORANDUM - COUNCIL WORK SESSION DATE: February 2, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Request from Centennial Memorial Amphitheater Fundraising Committee Recommendation: It is recommended that the City Council consider the request from the Centennial Memorial Amphitheater Fundraising Committee designating them as an Advisory Task Force. Background: As the Centennial Memorial Amphitheater Fundraising Committee has been affiliated with the Centennial Celebration Committee that was dissolved on February 8, 2012, members of the Centennial Memorial Amphitheater Fundraising Committee have requested the City Council Consider designating them as a City Council Advisory task Force. By doing so, the Centennial Memorial Amphitheater Fundraising Committee can continue their fundraising efforts to solicit donations towards the construction of a memorial amphitheater in Centennial Park. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders Hission: Ensuring an attractive, dealt, safe community that enhances the quality of life and preserves the public trust j I Work Session Agenda Item - No. 2 i MEMORANDUM - COUNCIL WORK SESSION DATE: February 9, 2012 TO: Curt Boganey FROM: Curt Boganey, City Manag!o�; SUBJECT: Legislative Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding actions to take related to pending or needed legislation. Background: On Saturday February 18 there will be a breakfast meeting of Legislators representing Brooklyn Center, Brooklyn Park, Golden Valley, and New Hope, Robbinsdale and Crystal (see enclosure). All Councilmembers have been invited. It will be an opportunity for each Councilmember and each City to express any thoughts, concerns or needs with these State officials. In advance of this meeting and in response to the legislative actions under consideration during the current legislative session, I have placed this item on the Council Worksession Agenda for discussion. I have enclosed information from Metro Cities regarding the status of certain Bills that will potentially affect Cities. I have asked staff to review Bills they are aware of that may affect cities and may have significant costs or benefits to Brooklyn Center. On Monday I will outline any significant legislative issues that staff is aware of for your consideration. Policy Issues: Is there legislation that the City Council wants to take a formal position regarding? Council Goals: 4. We will ensure the city influence at the legislature 02.13.12.legislative.update. doc Mission: Ensuring an attractive, clean, safe community that enhances the quality af'life and preserves the public trust Metro Cities Page 1 of 1 Bill Category , ntle General Government Click A Bill Subject For Details. Link to General Government Policies... Bills 1 to 12 of 42 Next Last Bill Subject • Pobcy HF lee Senat Filee Description 911 Fees from Prepaid 236 The bill allows for the collection of 911 taxes on prepaid cellular Cetlphones 2D 441 phones to pay for local 911 services. Allowing Number of Watershed Currently, watersheds are only allowed to increase the number District Managers to be 2 740 0 watershed district managers. This legislation would allow that Decreased number to be adjusted both up and down with the same current requirements. This bill requires the automatic approval of variances when the Automatic Variance Approval 2A 1129 0 applicant of the variance establishes that there are practical difficulties or particular hardships in complying with the official control. The language is being supported by the Auto Dealers. This bill increases the maximum amount a city may be asked to pay Charter Commission Expense 2 to reimburse costs incurred by its Charter Commission to the Reimbursement increase 0 1616 greater of .0007 of the city's current certified general property tax Levy or $1,500 and is capped at $20,000. Civil immunity to Municipalities Prohibits any tort claim against a municipality resulting from the for Public Safety Equipment 2 695 735 use of public safety equipment donated by the municipality, unless Donations the claim is a direct result of fraud or intentional misrepresentation. Would allow for concurrent detachment and annexation of a Concurrent Detachment and property by resolution of one municipality or be initiated by the Annexation 21 753 792 property owner if one municipality has passed a resolution of support. Fire Safety Grants to Local Fire Authorizes the commissioner of Public Safety to authorize block Departments 2 609 503 grants from the fire safety account on a per firefighter basis to be spent on firefighter training. First Class Cities and Counties The bill would give authority to cities of the first class and counties Private Audit Authority 2A 1063 896 to use private CPA firms instead of the State Auditor for audits. $30,000,000 is appropriated from the bond proceeds fund to the Hennepin County 911 Regional 2K 484 594 commissioner of public safety for a grant to Hennepin County to Center Funding predesign, design, construct, furnish, and equip a regional 911 emergency communications center in Hennepin County. The bill regulates interim ordinances that deal with zoning for existing projects. States that an interim ordinance must not halt, delay, or impede consideration of a use, development, or subdivision for which a complete application is pending. The Interim Ordinance Regulation 2A 389 270 completeness of an application is determined by meeting the requirements of the ordinance. An application deemed incomplete must be returned to the applicant with an explanation detailing the incomplete portions and providing an opportunity to correct the deficiency. Inverse Condemnation This bill allows waste collectors to sue in district court to compel Authorization for Mixed 2A 2084 1664 cities to commence condemnation proceedings if a city organizes Municipal Solid Waste Collectors its waste collection. Provides financial assistance to locally declared disaster areas that Local Disaster Assistance 2 120 105 are not eligible for Presidential disaster declarations. $6 million is appropriated biennially for grants. The grants cant not be used to replace or supplant other available assistance. Click A Bill Subject For Details, Go Back Copyright Metro Cities 2010 http: / /metrocitiesbt.org /sections /category.ph =2 2/9/2012 Metro Cities Page 1 of 1 Bill Category T itle General Government Click A Bill Subject For Details. Link to General Government Policies... Bills 13 to 24 of 42 First Previous Next Last Bill Subject ♦ Policy House Senate Description File File Time frames are extended from 2010 to May 31, 2013 to prohibit a Local Sales Taxes Promotion political subdivisions from advertising, promoting, expending funds, Moratorium 2A 825 0 or holding a referendum to support imposing a local option sales tax unless it is for extension of an existing tax or the tax was authorized by a special law enacted prior to May 24, 2011. The bill is a broad based mandate repeal bill that will serve as the omnibus mandate bill for local governments. Some of the mandates to be repealed include: Library maintenance -of- effort grants Mandates Repeal 2A 7 159 Development /building fee reports Reporting of 3.2 beer - liquor licenses Aggregate value of benefits Out -of -state travel reporting Pay equity statutes High speed police chase training Part-time police officers cap /training required Marijuana Definition to Include Extends the definition of marijuana to include synthetic marijuana Synthetic Marijuana 2L 0 537 and imposes the same penalties for sale and possession. Eliminates the requirement for water conservation rate Non Metro Water Conservation implementation for cities over 1000 outside of the metropolitan Rates and Street Lighting 2 517 0 area. The bill also eliminates the prohibition of non- compostable Standards Elimination yard waste bags and rules governing minimum energy efficiency standards for street, highway and parking tot lighting. The bill would create a commission on Policy Innovation and Research. The commission would research and recommend Policy Innovation and Research innovative ideas to reform state government. Other commissions Commission 2A 45 0 and task forces have been created to look at collaboration between local governments, so we are watching to see how this commission wilt progress. The bill increases the the time provided for canvassing state primary election returns;County canvass. The county canvassing board shall meet at the county auditors office on the third a day following the third day and before the eighth day after the state Primary Canvassing Dates 2A 281 156 primary. The State Canvassing Board shall meet at the Secretary of States Office seven days on a day following the seventh day and before the 11th day after the state primary to canvass the certified copies of the county canvassing board reports received from the county auditors. The bill states that an arbitrator or panel must give substantial weight to the following issues and evidence presented by a public employer in determining an interest arbitration award: (1) private sector wages and benefits in the year immediately prior to and during the contract year being considered; (2) decreases in the public employers aid payments, market value homestead credit reimbursement or other declines in revenue experienced by the Public Sector Arbitration 2A 501 0 public employer in the year immediately prior to and during the contract year being considered; (3) the impact of levy limits, and also the levy limitation created by the preliminary levy certification(4) the general economic condition of the public employer and property tax burdens on property owners; and (5) the purpose of the budgetary reserves held by the employer, including any associated recommendations from the state auditor with regard to the necessary minimum level of reserves for public employers. The bill allows cities to post official notices on the web in place of Local newspapers. When doing so, a city must make print copies of Public Notices Via Internet 2A 162 412 all published documents available, and by mail upon request. Each year after designating alternative publication on the Web, a city must publish in a qualified newspaper and on the web a notice of the alternative means of publication. Public Safety Radio Equipment The bill xpands the sales tax exemption for region wide public Exemption 2E 214 183 safety communications to include all phases of implementation and 911 communication equipment. IJ 525 267 Public Safety Radio Equipment The bill expands the sales tax exemption for region wide public Expansion 2E safety communications to include all phases of implementation and 911 communication equipment. Public Safety Radio -Data The bill expands the sales tax exemption for region wide public Systems Included 2E� 394 0 safety communications to include the purchase of data systems. Public Safety Single Source rin ws cities to purchas epublic safety equipment without entering Acquisition 2 1139 921 o a pub lic bidding process if there is only one credible supplier the purchase price can be negotiated. Click A Bill Subject For Details. Go Back Copyright Metro Cities 2010 http: / /metrocitiesbt.org/ sections / category. php ?pageNum_rsBills= l &tota1Rows rsBi11s= 42 &... 2/9/2012 Metro Cities Page 1 of 2 Bill Category Title General Government Click A Bill Subject For Details. Link to General Government Policies... Bills 25 to 36 of 42 First Previous Next Last', Bill Subject Y policy House n 1671 Description File If proposed legislation would result in a new or increased level of public spending, impose new or increased financial obligations on a unit of local government, or impose new regulatory burdens on the Public Value Impact Statement 2A 673 private sector, a written public value impact statement is required for the bill. A public value impact statement must include a statement of the expected outcomes of the bill and how performance of these outcomes will be measured or evaluated. Public safety Egwuipment Allows municipalities to negotiate a purchase of public safety Single Source Acquipmen 2 1139 921 equipment from a single source without entering into a bidding process if there is only a one credible supplier. Publishing Notices on Web 2A 162 412 The bill allows political subdivisions to publish notices, official proceedings and summaries on the Web in lieu of newspapers. The bill contains various public sector employment changes, including a freeze on public employee compensation that includes Local governments. The does not prohibit those increases due to employee promotions or increaes in employer contributions to Reinventing Government 2A 192 0 pension plans. The bill also requires the state to reduce its Employment Act workforce by at least 15% by 2015 and requires a panel to make recommendations for reforming the state pension program. The bill does not apply to elected officials. The bill also contains a "Right to Work" constitutional amendment. Rep. Downey has indicated he will amend the bill to remove the loal government freeze provision. Repeals Prohibition on The bill repeals language that states a municipality may not issue Municipalities Of -sale From Issuing Multiple 2 1035 0 more than one off -sale intoxicating liquor license to anyone person ple Ofsale Liquor Licenses or for any one place. The bill requires a return on investment'analysis for bonding projects. The analysis requires a description of the statewide value of the project, including both subjective and objective benefits, measurable outcomes over a ten-year period, and the process by which the benefits and outcomes will be reported to the state and public for ten years following the appropriation; a ten-year total cost of ownership for all costs and ongoing operations of a project Return on Investment for including costs for staffing,administration, promotion, support Capital Projects 2A 369 500 services, and outside funding sources; a ten-year total revenue projection and the projected ten -year total net financial surplus or toss for the project; an optional schedule for payback of the bonding cost; and the net jobs impact to the state including: a ten - year schedule of jobs created by the project and a ten-year schedule showing the opportunity cost of jobs not otherwise created in the broader economy due to the capital consumed by the bonding amount not being available in other areas of the economy. The bill states that a tract or lot of real property may not be assessed by the same assessor for more than the maximum interval Rotation of Assessors 2A 1587 0 (five years. In the case of Cl property, the limitation may be exceeded due to lack of availability of staff with the necessary qualifications. Sates Tax Exemption far Public This bill exempts public radio communication products and services Safety Radio Communication from sales tax, including, but not limited to, end -user equipment Systems Retroactive to 2E 0 1622 used for construction, ownership, operation, maintenance, and 12/31/2010 enhancement of public safety radio communication systems including public safety radio dispatch centers. This bill is the vehicle to expend all Legacy funds including Clean Water funds, Parks and Trails, Outdoor Heritage and Arts. The bill Sales Tax Legacy Funding 2 1061 1363 does not include the Governor's proposal to set aside $3 million for 1/1 grants for fixing problems on private property that the bonding money we got last year could not address. Sprinkler Requirements in Statutorily prohibits the state building code, political subdivisions 2F 460 297 Single- Family Dwellings and the state fire code from requiring the installation of sprinklers in single family homes. This bill allows state agencies to carry forward 50% of their savings each fiscal year. It addresses the "Christmas In July' issue that agencies spend down all their budget by the end of the fiscal year State Agency Savings Program 2A 299 543 to avoid a cut the following year. This bill does not have an impact on cities, however it is one of several bills aimed at streamlining government to create savings or efficiencies. We will continue to monitor as the collaboration /shared service issue moves forward. A metropolitan local government shalt maintain a ten -foot to 15- foot buffer around any storm water retention pond located on Stormwater Retention Pond property owned by the metropolitan local government. Mowing, Buffer Requirement 2A 882 616 tilling, trimming, and the use of herbicides is prohibited within the buffer from March 31 to August 31 each year. If property boundaries or other physical barriers prevent maintenance of a ten .foot to 15 -foot buffer, a metropolitan local government shall http://metrocitiesbt.org /sections / category. php? pageNum_ rsBills= 2 &totalRows_rsBills= 42 &... 2/9/2012 Metro Cities Page 2 of 2 maintain the largest buffer possible within the existing physical confines. Click A Bill Subject For Details. Go Back ......................... .................... I ........ .... ...................... ...................... . ............. ............ ............................. Copyright Metro Cities 2010 htt P ://metrocitiesbt.org/sections/category.php?pageNum rsBiIIs=2&totaIRows rsBills=42&... 2/9/2012 Metro Cities Page 1 of 1 i. ill Category'I7tle General Government Click A Bill Subject For Details. Link to General Government Policies... Bills 37 to 42 of 42 First Previous Bill Subject Y Policy House Senate Description File File Students as Ex Officio City BB Allows city councils to appoint college students to serve as ex Council Members 2 0 officio members on the city council. and This bill is an omnibus drug bill that has a number of new provisions Synthetic Marijuana Synthetic togua Da Prohibition 2L 57 1166 including a prohibition of synthetic marijuana and analogue drugs Anag that mimic the makeup of illegal drugs. Synthetic marijuana as � Regulates synthetic marijuana under state controlled substances as Schedule I Controlled Substance 2L 0 7 a schedule 1 substance and prescribes penalties. This bill supercedes local zoning authority by stating 'The use of Vacation Rental of Residential residential property for vacation rental must be considered a Property as Permitted Use 2A ]1523 1190 permitted single family or permitted multifamily residential use of Requirement property for the purpose of zoning, except that a municipality may License such use as rental housing or may require the owner of such property to register the property with the municipality." Re- establishes zoning authority in response to the Krumenacher Variance/ Zoning Authorization 2A 52 13 Supreme Court decision. The language grants the same authority, and allows for the same requirements and mechanisms to cities, counties and townships when granting variances. Water and sewer changes to Bill permits mobile home park owners to measure water service mobite homes; Managers at and sewer service calculations and bill each resident for those mobile home parks included in 2A 1904 0 services. The bill does not limit any existing right or obligation of a Manager Background Checks. A IL municipality, including imposing fees and charges. Click A Bill Subject For Details. Go Back Copyright Metro Cities 2010 http: / /metrocitiesbt.org/ sections / category. php ?pageNum_rsBills= 3 &totalRows rsBills= 42 &... 2/9/2012 Metro Cities Page 1 of 2 Bill Category Title Municipal Revenue Click A Bill Subject For Details. Link to Municipal Revenue Policies... Bills 1 to 12 of 44 Next Last', Bill Subject ♦ Policy House Senate Description File File The bill stipulates that if a city cut firefighters or police officers in Aid Reductions and Public response to LGA or MVHC cuts in the previous year, the city would Safety 1C 790 0 lose all of its aid in the current year. The bill does not specify the threshold reduction. First legislative budget balancing bill that includes reductions to state aids and credits to cities that mirror 2010 reductions and unallotments. The bill also includes a reduction in the renter's credit, repeal of the political contribution refund program, and reductions to higher ed and health /human services programs. The level of city cuts were revised by the conference committee, with Budget Reduction Bill 1D 130 60 the total cuts in city local government aid increased so that the remaining 2011 and 2012 aid will be the lesser of that certified or the amount remaining after cuts in 2010. The market -value based credit reimbursement wilt be limited so the reimbursement will not exceed the reimbursement received in 2010. A provision for a public employee salary freeze was removed in conference committee. Bill proposes to amend the MN Constitution to limit the level of budgeted spenidng to 98% of th amount forecast to be collected in the biennium. Any excess or unencumbered funds would be paid Constitutional Amendment to into the state's budget reserve. The Legislature, by a 3/5 vote, Limit Spending to 98% of 1.1 0 1378 could appropriate from the reserve additional sums to fund Revenues expendtiures necessary to respond to emergencies involving the health, safety or welfare of the citizens of MN. Five "clone' bill have also been introduced in the Senate, with a total of 30 co authors.) The bill converts the market value homestead credit from a state - Converting the Market Value paid credit to a tax capacity reduction, which eliminates the credit Homestead Credit to a Tax 1G 1046 0 as a state cost. The tax capacity reduction has the effect of Capacity Reduction shifting an equivalent amount of taxes off of homestead properties so that the credit loss is shared relatively evenly by all types of property within each taxing jurisdiction. Allows any county, if approved by voters at a general election, to County Sales Tax Authority 1 994 0 impose up to a 1/2 of one percent local sales tax. The revenues are dedicated to pay for health and human services and community correction programs. Elimination of Sales Tax Paid by 1N 758 371 The bill reinstates the exemption from sales tax paid by local Local Governments governments. The cost of the bill is estimated at $240 million. Elimination of Sales Tax on Bill eliminates the sales tax on purchases made by local Purchases by Local 10 0 1483 governments, Governments Exempting RR Property From 1A 1348 0 The bill exempts certain railroad property from storm sewer or Storm Utilities storm water utility assessmetns, levies or charges. Exemption for Water Used in The bill exempts purchases of water used directly in providing Public Safety 1N 106 0 public safety services by an organized fire department, fire protection district, or fire company, from the state sales tax. This article makes the following temporary revenue savings initiatives enacted for one year in the 2010 1st special session permanent and ongoing: reduces the percent of rent constituting property taxes for renter property tax refund claims from 19 percent to 15 percent, effective for claims based on rent paid in 2010 and following years; repeals the political contribution refund; and limits payments to individual claimants under the sustainable Extension of 2010 Aid and 1D 982 0 forest incentive program, in addition it extends for 2 years - Pay Credit Reductions 2011 and 2012, temporary aid and credit reductions to counties and cities as follows: For Pay 2011 and Pay 2012 only, each county and city will get a CPA or LGA payment equal to the lesser of the amount received in 2010, or the amount certified for 2011. For Pay 2011 and 2012 only, a county or city's market value credit reimbursement amount is equal to the lesser of the amount received in 2010, or the amount calculated for payment in 2011 or 2012. The bill extends limited market value, in the case of property classified as ag homestead or nonhomestead, residential homestead or nonhomestead, timber, or noncommercial seasonal residential recreational, the assessor shall compare the value with the taxable portion of the value determined in the preceding assessment. For assessment years 2004, 2005, and 2006 2011 1H 546 Extension of Limited Market through 2013, the amount of the increase shall not exceed the Value 0 greater of 15 percent of the value in the preceding assessment, or 25 percent of the difference between the current assessment and the preceding assessment. For assessment year 2014, the amount of the increase shall not exceed the greater of 15 percent of the value in the preceding assessment, or 33 percent of the difference between the current assessment and the preceding assessment. For assessment year 2015, the amount of the increase shall not exceed http: / /metrocitiesbt.org /sections /category.php ?Policy =l 2/9/2012 Metro Cities Page 2 of 2 the greater of 15 percent of the value in the preceding assessment, or (2) 50 percent of the difference between the current assessment and the preceding assessment. This limitation shall not apply to increases in value due to improvements. The bill repeals the Fiscal Disparities Program. Currently, the fiscal disparities program is in the process of undergoing an analysis conducted by the MN Department of Revenue. Metro Cities will have an opportunity to provide input to the study. The goal of the study is to determine whether the fiscal disparities program is Fiscal Disparities Repeal 1J 357 0 meeting statutory goals and objectives. Metro Cities supported the legislation for this study. This bill repeals the program in its entirety (but not the Range program), and would create impacts for taxpayers. Cities that receive more tax base than they contribute through Fiscal Disparities would see increases in local taxes, while cities that are net contributors would see a reduction in taxes. Click A Bill Subject For Details. Go Back Copyright Metro Cities 2010 http: / /metrocitiesbt.org /sections /category.php ?Policy =l 2/9/2012 Metro Cities Page 1 of 2 Bill Category Title Municipal Revenue Click A Bill Subject For Details. Link to Municipal Revenue Policies... Bills 13 to 24 of 44 First Previous Next Last Bill Subject 9 Policy House Senate Description File File The bill provides that a city or group of cities may mipose a local sales tax of up to 0.5% without authorization. Approval of the tax General Local Sates Tax would be subject to a refemdum at a general election. A city that Authority 1A 649 467 impseos the tax would be albe to issue GO bonds to pay for projects permitted in the bill. The bill could be used for specific capital projects approved by voters such as libraries, community centers, etc. Restructures the homeowner property tax refund program by making homeowners with household incomes of $70,000 and higher Homeowner Property Tax ineligible for a refund, increasing the share of taxes over the Refund Modifications IF 1083 0 threshold qualifying percentage that is refunded to homeowners with household incomes from $25,420 to $69,999; and increasing the maximum refund allowed for homeowners with household incomes under $50,000. Homeowner Property Tax [$$77,520 ncreases the maximum property tax refund amount available from Refund Schedule Modification IF 1047 0 1850 to $2000 and decreases the maximum income allowable from to $58,500. Imposition of Levy Limits 1C 1911 0 The bill imposes levy limits on local governments effective for taxes levied in 2012 and payable 2013, and thereafter. Bill diverts 1/2 of the LGA apporpration and 1/2 of County Aid from general purposes to a capital and operating grant program to help lcoal govemmetns fund cpaital projects and pay for special operating costs associated with providing drinking water, LGA as Grant Program 1D 1262 0 wastewater cotlectin and treatment and public safety. Directs that grants be made by legislative appropration. Requires state eocnomist to develop a return on investment analysis format for all grant regeusts. Creates a shared service initiative revolving loan program to make no intereset loans to local units of governmetn to cover start up costs associated with shared services. The bill abolishes levy limits for 2011 -12 and thereafter. The bill Levy limits Abolished 1B 155 28 strikes references to several sections ni law dealing with levy limits. The bill modifies the regional library system maintenance of effort Library Maintenance of Effort 1A 1136 935 formula to allow cities whose library oeprating budget is reduced by at least 10% due to retirement of personnel and otehr reduced operating costs to reduce its local support by an equal amount. The bill reinstates Limited Market Value. For assessment year 2011, the bill stipulates that amount of the increase shall not exceed the greater of 20% of the value over 2009 or 33% of the difference Limited Market Value 1H 385 246 between the 2011 and 2009 assessment. For assessment years 2012 and thereafter, the amount of the increase shall not exceed the greater of; 15% of the value of the preceding assessment; or 25% of the difference between the current assessment and the preceding assessment. With respect to employees of governmental units to which "terms and conditions of employment" does not include employer contributions to premiums for or costs of health care insurance orhealth care benefits for retirees or other former employees, other than law enforcement and firefighter retirees or other Limits on Employee Health Care former employees, required under collective bargaining Benefits 1S 871 0 agreements, contracts, or personnel policies that become effective on or after January 1,2012. Also, under collective bargaining agreements,contracts, or personnel policies that become effective on or after January 1, 2012, the governmental unit may pay no more than 90 percent of the cost of employee -only coverage and no more than 75 percent of the cost of family coverage or employee -plus dependent coverage. The bill requires that the state budget must limit expenditures to the amount of revenue projected for that biennium. Sixty percent of the forecasted growth in revenues for the biennium ending June 30, 2013, over the forecasted revenues for the biennium ending Limits on State Revenues and June 30, 2011, may be used for general fund expenditures. Any Expenditures 11 67 129 distribution of the remaining 40% of the forecasted growth in revenues must be limited to: 20% for the the Angel Investment Credit, 45% to reduce the corporate tax rate, and 45% to allow a subtraction of the income derived from the conduct of a business operated as an S corporation, partnership, or LLC taxed on a pass - through basis. Provides that the property tax statement will provide a more detailed breakout of school levies. Under current law, school district levies are broken doom into "voter approved" school levies Listing of School Levies on and "other local" school levies. Under the delete everything Property Tax Statements 1 996 0 amendment to H.F. 996, the "voter approved" school levies would be broken down into "operating referendum levies' and "capital levies," while the other local school levies would be recharacterized as "board- approved" levies, and broken down into I http: / /metrocitiesbt.org/ sections / category. php ?pageNum_rsBills= l &totalRows rsBills= 44 &... 2/9/2012 Metro Cities Page 2 of 2 levies associated with state aids" and "other board•approved II l evies." I I Local Government Aid Increase increases LGA for cities under 500 population by $85,000 Th e b for Cities Under 500 Population ::DI 1070 The bill 122023 and increases the maximum available aid to cities under 500 by $85,000, Click A Bill Subject For Details. Go Back ........... ........... .............................. ..................................... . ........................... . .............................. ....... . ........................... Copyright Metro Cities 2010 http://metrocitiesbt.org/sections/category.php?pageNum rsBi11s=1&tota1Rows rsBills=44&... 2/9/2012 Metro Cities Page 1 of 2 Sill Category Title l Municipal Revenue Click A Bill Subject For Details. Link to Municipal Revenue Policies... Bills 25 to 36 of 44 First Previous Next Last Bill Subject • Pohcy HFilee S Fiate Description The bill would freeze property taxes for certain local governments at 2010 levels. The bill allows for a local authority to levy an amount in excess of this amount for debt service obligations sold prior to June, 2010. Local authorities may also levy an additional amount with the approval of a majority of voters. The bill also prohibits new debt. After May 30, 2010 no local taxing authority Local Government Property Tax may sell bonds or other debt instruments. This provision would not Freeze 1 B 481 0 apply to bonds sold before June 1, 2011 and obligations for which the levy in 2010 wouldnot exceed the deference between the authority's total debt service levy for 2011 and its total debt service levy for taxes payable in 2012 prior to issuance of those obligatinos. The bill also freezes local match requirements for grants, stating that the local funding or match shall not be increased for 2012 above the dollar amount used in 2011, regardless of the level of state funding provided. Bill provides cities with the authority to impose a local sales tax Local Option Sales Tax without legislative approval, for capital improvements as defined in Authority 1B the legislation. A referendum is required. Any imposed local sales 1777 0 tax would expire 10 years after its imposition. The bill allows cities to impose a local sales tax of up to one half of one percent, for general fund purposes. The aids to a city that Local Sales Tax Authority to 336 _d imposes a local tax are reduced by 50 %. Cities with exising local taxes would be allowed a 0.25 percent tax white the other tax is imposed. Market Value Homestead The bill provides a number of largely technical fixes to address Exclusion Technical Fix Bill 1H 2072 0 issues with limits based on market value that have arisen due to the transition from the MVHC to the Market Value Exclusion. Provides for a permanent reduction in certified disparity reduction aid in each unique taxing jurisdiction equal to 50 percent of the Permanent Fiscal Disparity Aid 11 1045 0 amount certified for taxes payable in 2011. Also deletes the Reductions procedure providing for recalculating disparity reduction aid amounts when there is a class rate reduction. Effective for taxes payable in 2012 and thereafter. Teh bill phases out the statewide Cl property tax, with complete Phase Out of CI Statewide 1L 1114 1 by 2032. The bill freezes the state levy on seasonal Property Tax recreational property, and It the maximum homeowner property tax refunds. Restructures the homeowner property tax refund program by; Making homeowners with household incomes of $70,000 and higher Property Tax Refund ineligible for a refund; Increasing the share of taxes over the restructure IF 1083 0 threshold qualifying percentage that is refunded to homeowners with household incomes from $25,420 to $69,999; and Increasing the maximum refund allowed for homeowners with household incomes under $50,000. Public Employees Taxes and Obligates any local government health insurance program managed Assessments Consistent with IT 834 646 the Office of Minnesota Management and Budget to pay all taxes Private Sector and assessments public health insurance programs are held to. The bill provides a permanent reduction of 50 percent in PERA aid Reduce PERA Aid Payments and to counties, cities, towns, and special taxing districts beginning Payment in Lieu of Taxes (PILT) 1P 1007 0 with aids paid in calendar year 2011. It also permanently reduces Payments PILT payments per acre on natural resource lands to 85 percent of the allowed per acre payments in calendar year 2011 and eliminates the automatic inflation growth in future payment rates. Renter Property Tax Refund Increases the maximum property tax refund amount available from Schedule Modification IF 1048 0 $1190 to $1550 and decreases the maximum income allowable from 1 $41,820 to $31,130. The bill is a broad based repeat of state aid and credit relating to property taxation. It eliminates all property tax aid and credit programs except those direct property tax relief programs lie Repeal of State Aid /Credit circuit breaker which are enhanced and expanded under the Programs 1A 398 0 bill,terminates maintenance of effort requirements; abolishes prohibition against local sales taxes, eliminats metro and iron range fiscal disparities programs, LGA, repeals levy limits, green acres and rural preserves programs, and metropolitan agricultural preserves; The bill restores the Green Acres and agricultural property tax classifications in statute prior to changes made in 2008. Any land enrolled in the Minnesota Agricultural Property Tax Law and that was removed from the program between May 21, 2008, and the Restoration of Green Acres 1H 12 2 effective date of this section, must be reinstated to the program at the request of the owner provided that eligibility requirements are met. If additional taxes have been paid by a property owner prior to the effective date of this section with respect to property described in paragraph as a result of the property being removed from the program, the county must repay the property owner. http: / /metrocitiesbt. org/ sections / category. php ?pageNum_rsBills =2 &totalRows _ rsBills= 44 &... 2/9/2012 Metro Cities Page 2 of 2 Click A Bill Subject For Details. Go Back --- — -- — ---- ........... Copyright Metro Cities 2010 http://metrocitiesbt.org/sections/eategory.php?pageNum 2/9/2012 Metro Cities Page 1 of 1 Bill Category T tle Housing and Economic Development Click A Bill Subject For Details. Link to Housing and Economic Development Policies... Bills 1 to 12 of 61 Next Last'.,. Bill Subject ♦ policy House Senate Description File File Permanently authorizes valuation exclusions for "this old house" improvements to homes that are at least 45 years old. Valuation exclusions for these types of improvements had been available for "This Old House" Including Cl 3K 0 1018 improvements made between 1993 and 2003, but have not been available since then. Creates a new valuation exclusion program for improvements to commercial - industrial properties with a building or buildings at least 45 years old, similar to the program for homesteads. Permanently authorizes valuation exclusions for "this old house" improvements to homes that are at least 45 years old. Valuation exclusions for these types of improvements had been available for "This Old House" Including Cl 3K 877 552 improvements made between 1993 and 2003, but have not been Property available since then. Creates a new valuation exclusion program for improvements to commercial - industrial properties with a building or buildings at least 45 years old, similar to the program for homesteads. Appropriations from the Parks $23 million is appropriated to the DNR for parks and traits grants and Traits Account in the 30 1106 0 and $15 million is appropriated to the Met Council from hte Legacy Funds constitutionally dedicated Parks and Traits funds. Bio Business Alliance Bill provides for an undetermined appropriation to DEED to make Appropriation 3H 729 501 grants to the BioBusiness Alliance. The goal of the bill is to position the state to be a leader in the bio•science industry. The bill appropriates $10M from state bonds to the MHFA to preserve public housing. "Public housing" means housing for low - income persons and households financed by the federal government Bonding for Affordable Housing 3E 344 219 and owned and operated by public housing authorities and agencies. Eligible public housing authorities must have a public housing assessment system rating of standard or above. Priority must be given to proposals that maximize federal or local resources to finance the capital costs. Bill appropriates $10M to the Greater MN Business Development Bonding for Greater MN 3H 742 568 Public Infrastructures Grant Program. While the program Business Development appropriates money for infrastructure it does not allow for metro cities to apply. Bonds for Greater MN Appropriates $20M to the Greater MN Business Development Public Infrastructure Program 3H 826 585 Infrastructure Grant Program. Similar to SF 568. Grants are not available to Metropolitan Cities. The bill would allow for a city to voluntarily lower the tax rate on a commercial building. The building would have to meet certain conditions: it would have to be found substantially vacant (50 %)for Cl Vacancy 3H 0 1397 at least a year, would have to be actively seeking a leasee, and would have to provide a benefit that would otherwise not happen without the tool. This is an idea that came from the Metro Cities' Housing and Economic Development Policy Committee. Clean Water Legacy Act 30 656 657 Spends the money collected and dedicated by the constitutionally appropriations dedicated sales tax as recommended by the Clean Water Council The bill requires cities, schools and non profits with youth facilitis and community sports to make information available to all coches, Concussion Policy 3A 905 612 athetes and parents about the natur and risks of concussions. Cities have concerns with the potential liabilities associated with the proposal and are working with the authros of the bill to incorporate language to address these concerns. Creating Small Business 3H 0 1614 Bill creates a small business regulatory review board to review Regulatory Review Board rules and statutes that impact small businesses. The bill allows for a fee owner of an easement obtained through Easement Discharge Related to eminent domain to petition the court to discharge the portion of Eminent Domain 31 578 229 easement, if it is not being used for what it was condemned for. Current law allows for a petition only on the entire easement if it isn't being used. Click A Bill Subject For Details. FGo Back Copyright Metro Cities 2010 http: / /metrocitiesbt.org /sections /category.php ?Policy =3 2/9/2012 Metro Cities Page 1 of 1 Bill Category Title Housing and Economic Development Click A Bill Subject For Details. Link to Housing and Economic Development Policies... Bills 13 to 24 of 61 First Previous Next Last Bill Subject 7 Policy House Senate File File Description Eminent domain relocation Bill adds an eligibility component to relocation assistance assistance eligibility or 3J 1833 1620 assistance amount determined by an administrative law judge. Enterprise MN Appropriation 3H 983 783 Bill appropriates $500K a year to DEED to fund Enterprise MN. Enterprise MN is a small business growth accelerator program. Establishment of a Legislative This bill would eliminate the Lessard Sams Outdoor Heritage Enviroment Commission to Council, Clean Water Council and the Legislative Citizen Commision Replace Leagcy Councils and 30 1073 989 on Minnesota Resources and replaces their advisory position with a LCCMR legislative Environment Commission made up of legislators. Extending TIF district in Bill gives Oakdale a TIF extension from July 1, 2013 to December Oakdale 31 1791 1619 31, 2017. Bonding bill totals $531M. It includes provisions for Central Corridor Transit Way Laboratory Mitigation, $600K for a groundwater Governor's Bonding Bitt 3H 607 459 monitoring system, Coon Rapids Dam Renovation, $12.5M to the Met Council for Transit Capital improvements, $5M to the Innovative Business Development Public Infrastructure Grant Program, and Non - profit Housing bonds. Income Producing Property The bill clarifies what information must be supplied to county Valuation Dispute Resolution 3E 1436 1156 assessor when a petitioner contests the valuation of an income producing property. Bill would provide a tax exemption to properties held by cities for Increasing Holding Period for sale for economic development. It would increase the time frame Property Held for Economic 31 138 244 to hold the property from 8 to 15 years, increase the threshold Development population of eligible cities from 5 thousand to 20 thousand, and would include cities in the metropolitan area. The bill reduces by $200m the corporate income tax and statewide business property tax, it also includes provisions intended to speed Jobs Bill 3H 600 1 up the environmental permitting process for businesses. Sen. Michel has indicated SF1 is a starting point for jobs creation/ retention and that he is open to including other proposals aimed at spurring economic growth. Bill would create a 5% tax credit for businesses which increase employment. Employer would have to hire an employee at over Jobs Credit to Increase $35K a year. The total FTE's during 2010 would be used as the Employment 3H 446 0 baseline for comparison to gauge the increase in employment. The credit would take the payroll attributed to FTE's for a particular year, and subtract the payroll for FTE's from 2010. The credit would be up to 5% of that difference. Landlord /Tenant Late Fee The bill is an update to the state landlord - tenant law. It limits late Provisions 3E 1515 1272 fees charged for subsidized housing. It allows for late fees to mirror federal standards for subsidized housing. Bill does not contain a specified amount, but it allocates money to the Minnesota Housing Finance Agency to administer low income Low - Income Housing Tax Credit 3E 1319 838 housing tax credits. The program would contain the same eligibility requirements as the federal low income housing credit. The credit is a five year program that would begin on January 1, 2012. MHFA Appropriation 3E 1280 0 The bill appropriates $2.5 million to the Minnesota Housing Finance Agency for family homeless prevention assistance, Click A Bill Subject For Details. Go Back Copyright Metro Cities 2010 http: / /metrocitiesbt.org /sections /category.php ?pageNum rsBi11s= 1&tota1Rows rsBi11s= 61 &... 2/9/2012 Metro Cities Page 1 of 1 Bill Category Title Housing and Economic Development Click A Bill Subject For Details. Link to Housing and Economic Development Policies... Bills 25 to 36 of 61 First Previous Next Last House Senate Bill Subject ® Policy File File Description MHFA may issue up to $36 million of nonprofit housing bonds to MHFA housing bonds for equip three or more facilities in the metropolitan area that will culturally specific transitional 3B 1887 0 provide culturally specific transitional housing and services to housing and counseling American- Indian, East African, Latina, African - American, or Asian facilities. girls and women to provide them protection from and the means to escape exploitation and trafficking. The bill would establish a 12 member task force. The role of the Metrodome Task Force 3H 1363 1377 task force would be to determine how to best use the metrodome facility in the event a professional football team is no longer a tenant, Bill would provide a tax credit to investors who owns, controls, or holds power to vote in 15 percent of securities. Business would Minnesota Business Investment have to be certified Minnesotan by DEED. Qualified businesses Company Credit 3L 288 283 would have to be principally located in Minnesota, have at least 80% of its employees in MN, have less than 100 employees, and certain companies do not apply. The credit would not exceed $200M. Bill would change the Minnesota Common Interest Ownership Act so Minnesota Common Interest that a dissolution would not need an 80% majority. It would only Ownership o Modification 3A 1254 926 need a simple majority. A change could effect how cities if the common interest no longer provides maintenance and other services. Modifying Wastewater Capital Opens up grants authorized to fund beneficial uses of wastewater Grant Program to include Storm 30 957 485 to include beneficial uses of stormwater that replaces the use of 4Yater groundwater. Neighborhood Development Bill appropriates $200K to neighborhood development centers. Center Appropriation 3H 848 761 Money would go through DEED to centers to develop entrepreneurial skills and job creations to communities it serves. The bill authorizes up to $5 million of nonprofit housing bonds for Nonprofit Housing Bonds 3E 1257 1373 community land trusts. The bonds can be used for properties at risk of foreclosure or in the foreclosure process. The bill sets the budget for DEED and DOLT. Both bills start a competitive grant program for workforce and business development programs. Senate begins program immediately and House waits a year. Both bills significantly reduce the IRRRB fund to minimize Omnibus Jobs /Economic 3L 1049 887 cuts in other areas. The House adds $1m to the Minnesota Development Bill Investment Fund and $750k to the redevelopment account. It also extends the petro fund cleanup. The Senate does not put any additional money in either accounts and does not extend the petro fund. (the extension is contained in the environment bill in the senate) The bill would allow a local government to issue an on -sale license to a brewery. This is the so called "surly" bill. Surly brewing in brooklyn center is proposing a new facility that would create jobs On -Sale License Bill 3H 703 406 through construction as well as on going jobs at a new location that would brew beers, serve food, and sell on location. The owner promotes the new venture as not only a job creator but a tourist destination. Bill would take $1.375M a year out of the DEED workforce Opportunity Industrialization development fund and apply it to opportunity industrialization Center Appropriation 3H 838 694 centers. Center is to provide assistance for comprehensive job training and related services for economically disadvanted, unemployed, and underemployed. The bill basically makes the JOBZ program a statewide program and changes the name to PROFIT. A business would have to be certified by the Commissioner of DEED to be eligible to receive tax benefits. Performance.Rewards On Fast In order to be certified the business would have to meet certain Investments Today 3H 1676 0 requirements including the amount workers would earn, create a certain amount of jobs, and other conditions. A business would be eligible for property tax, sales, and motor vehicle tax refunds under program. Bill makes an expansion of what isn't eligible for reimbursement from the petroleum tank release cleanup fund. It does not allow Petroleum Tank Clean Up Fund 3H2 434 356 reimbursement to a person in business of storing used oil primarily for sales to end users. Also, it changes the sunset of the petroleum tank release cleanup fund from June 30, 2012 to June 20, 2017. Click A Bill Subject For Details. FG. Back Copyright Metro Cities 2010 http: / /metrocitiesbt.org/ sections / category. php ?pageNum_rsBills= 2 &totalRows rsBills= 61 &... 2/9/2012 Metro Cities Page 1 of 2 Bill Category title Housing and Economic Development Click A Bill Subject For Details. Link to Housing and Economic Development Policies... Bills 37 to 48 of 61 First Previous Next Last Bill Subject P Policy House Senate File Description Bill would explicitly not allow the use of Tax Increment Financing Prohibiting TIF for Gaming to be used for gaming facilities. It adds casinos and class III Facility 3H 832 0 gaming, regardless if it is a tribal business, to the prohibited facilities portion of the TIF statute. Imder the bill, an owner of real estate that is described on the list maintained under subdivision 3 at the time of a proposed sale may not purchase real4estate under this chapter. Subd. 3. Delinquent list. By February 15, 2012, each county auditor must file with the commissioner of revenue a list of the parcels of land in the county upon which there are delinquent taxes. By the 15th day of each Prohibitions on Sale of Tax month thereafter, the county auditor must provide updated Forfeited Lands 3G 930 131 information on tax delinquencies. The commissioner must make this report available online. A person prohibited from purchasing property under this section must not directly or indirectly have another person purchase it on behalf of the prohibited purchaser for the prohibited purchasers benefit or gain. -------------------------- ------------------------------------------ ----------- Please direct all comments concerning issues or legislation The bill freezes the taxable market value used for levies on class 1 property to the taxable market value used for taxes levied in the Property Valuation Freeze- year the property was purchased, provided that the property was a Foreclosed Properties 3G 492 600 foreclosed property at the time of purchase, is homesteaded, has an EMV at the time of purchase equal to or less than $300,000 and is in compliance with local ordninances and codes within two years of the date of purchase. The bill clarifies that any appropriation to the Greater MN business PllbtiC Infrastructure Grant development program can only go to greater Minnesota. Last Requirement 3H 741 569 session a bill was introduced to allow all parts of the state access to apply to the fund. The bill allows racinos to be licensed in Minnesota. It creates an account for economic development called the Minnesota Future Racino 3H 1480 0 Fund, which dedicates funds in the following manner: 55% for job creation/ retention programs, 25% for growing technology businesses, 10% for regional grant programs, and 10% for partnership grants. Regulating Purchase of Real The bill would clarify that if the notice that goes to homeowner Estate During Redemption 3E 1518 1275 after sheriff sale, is not required if the person buying the property Period has a prior personal relationship with the homeowner. Last session, legislation was passed to provide notice and information to homeowners about their rights during the Reverse Mortgages in redemption and foreclosure process. It was aimed at providing as Redemption Period 3A 395 137 much information during the process to homeowners in hopes of keeping them in their homes and communities stable. This bill has some clean up language to the last session's bill. It allows for the inclusion of reverse mortgages in the 12 month redemption period. Bill establishes a program which the state would guarantee up to 70% of the amount of money loaned to a small business. The Small Business Loan Guarantee amount would apply to a loan made by a Qualified Economic Program 3L 611 803 Development Lender. A QED is a public or private economic development organization headquartered in MN. The program was created in 2003 under the MN Community Capital Program. Establishes permitting efficiency goals for the Department of State Agency Permitting 3N 1 42 Natural Resources (DNR) and the Pollution Control Agency (PCA) Efficiency and modifies environmental review and permitting provisions. Requires permits to be granted or denied in 150 days. Stay of mortgage foreclosure Bill spells out rights to tenants, including: tenant's right to allowed, and rights to tenants continued utility services if the landlord defaults on utility of foreclosed property 3G 1886 1521 payments during the foreclosure process; rights of tenants to provided. continue lease if property undergoes ownership transfer; rights to stay in the property during foreclosure process. The bill allows the use of TIF pooling increment for market rate housing in locations that meet specific criteria. This bill was initiated by Metro Cities and the LMC in 2010, and passed as part of the Omnibus Tax Bill, but was inadvertenly omitted from the final bill due to a legislative drafting error. The bill can be used to develop housing, the market value of which does not exceed 150 percent of the average market value of single - family homes in that TIF - Market Rate Housing 3J 445 284 municipality; or $200,000 for municipalities located in the metropolitan area; and $125,000 for all other municipalities, W hichever is less, and to pay the cost of site acquisition, relocation, demolition of existing structures, site preparation, and pollution abatement if the parcel contains a residence containing one to four family dwelling units that has been vacant for six or more months; contains a residence containing one to four family dwelling units that is structurally substandard, is in foreclosure as defined in section 325N.10, subdivision 7, but without regard to http: / /metrocitiesbt.org/ sections / category. php ?pageNum_rsBi11s= 3 &tota1Rows rsBills= 61 &... 2/9/2012 Metro Cities Page 2 of 2 whether the residence is the owners principal residence; or is a I II vacant site, if the authority uses the parcel in connection with the IIII development or redevelopment of a parcel. Last session legislation providing flexibility in two areas of the TIF laws. One authorized unspent cash balances to be used to spur new construction, the other change allowed the creation of an TIF Extension 3H 776 420 economic development district for any type of new construction, rather than just manufacturing. In both cases the flexibility ends by June 30th of this year. This bill will provide an additional two year window before the flexibility sunsets. Click A Bill Subject For Details. Go Back Copyright Metro Cities 2010 htt : / /metrocitiesbt.or /sections /cate or h a eNum_rsBi11s= 3 &tota1Rows rsBills= 61 &... 2/9/2012 1 P g g Y•P p•A g _ , Metro Cities Page 1 of 1 i Bill Category Title Housing and Economic Development Click A Bill Subject For Details. Link to Housing and Economic Development Policies... Bills 49 to 60 of 61 First Previous Next Last Bill Subject ® policy House Senate Description File File This is the same bill as SF420. It extends by two years the TIF Extensions 3H 0 539 flexibility in TIF statute from last years jobs bill in both using unspent increment from existing districts and the expansion of uses for economic development districts. Bill would allow for a two year extension to the flexibility in TIF Flexibility Extension 31 195 205 expending tax increments included in last sessions jobs bill. It does not include the two year extension for flexibility in economic development districts. Bill would allow for Tax Increment Financing to be used for areas designated by DEED as Transit Improvement Areas. It would add TIA's into the public purpose and eligible uses for an economic TIF for Transit Oriented development TIF district. A TIA must increase the effectiveness by Development 3H 869 464 incorporating one or more public transit modes with commercial, residential, or multi -use development. The purpose is to shape development around a transit station, but not to provide resources to build or operate the transit itself. The bill excludes the computation of county levies for TIF or consultations with the county auditor in the formation of a TIF TIF /County Levies 3H 337 0 District. The bill effects TIF distrits and amendments adding area to any existing TIF District or which a certification request is made after June 30, 2011. The bill prohibits any expansion of TIF authority. Under the bill, no authority may request certification of a new tax increment financing district or the addition of geographic area to an existing Tax Increment financing tax increment financing district after June 30, 2011; or modify an Authority Expansion Prohibited 31 338 0 existing tax increment financing plan in a manner that extends the duration of a district, expands the activities to be financed within the district, or authorizes the incurring of additional expenses not included in the plan before May 1, 2011 Temporary Moratorium on State Bill halts any state agency rulemaking, with a few exceptions, from Agency Rulemaking 3H 0 1631 July 2012 through June 2014. Permanently authorizes valuation exclusions for "this old house' improvements to homes that are at least 45 years old. Valuation This Old House 3K 630 914 exclusions for these types of improvements had been available for improvements made between 1993 and 2003, but have not been available since then The bill would require a transaction agent, at the request of the Transaction Agents Information mortgagor, to provide identity, address, and phone number of the Disclosure 3E 1637 666 current owner of the mortgage. It must happen within ten business days of the request and can happen once in a calendar year. Bill has a blank appropriation for transitional housing. Up to ten Transitional Housing 3E 846 556 percent of the appropriation may be used for housing extending past 24 months. The bill would authorize a site selection process fo ran an NFL stadium. It would include a sports memorabilia tax, 101 at the wholesale level. It would allow the home city to issue an on -sale license for the stadium. There would be a five member panel appointed by the Governor to select a site, one member from Vikings Stadium 3H 1441 1164 Hennepin, one from Ramsey, and three not from either Hennepin or Ramsey. The team would have to contribute $1 for every $2 of state and local contribution during the site preparation and construction period. Team would have to sign a 40 year lease. it would impose a tax on any team employee making more than $250K a year. It would also allow a participating city or county to impose a tax. This bill would eliminate a 2008 law that required public water suppliers serving more than 1,000 people to adopt conservation rate structures. Conservation rate structures are rate structures Water Conservation Rate that encourage conservation, such as increasing block rates, Requirement Elimination 30 7923 1560 seasonal rates, and excess use rates. The requirement went into effect 1 /1/10 for the metro area and goes into effect 1/1 /13 for greater Minnesota. Currently approximately half of metro area water providers have conservation rate structures in place. Wholesale Repeal of Tax 289 0 The bill repeals development subsidies, research credit, and other Exemptions /Credits 3H subsidies /credits /exemptions. Click A Bill Subject For Details. FGo Back Copyright Metro Cities 2010 http: / /metrocitiesbt.org/ sections / category. php ?pageNum_rsBills= 4 &totalRows rsBills =61 &... 2/9/2012 Metro Cities Page 1 of 1 Bill Category Title Housing and Economic Development Click A Bill Subject For Details. Link to Housing and Economic Development Policies... Bills 61 to 61 of 61 First Previous Bill Subject • Policy House Senate Description File File Workforce Development Council Bill would add one member to the workforce development council Membership Change 3H 844 1204 [ to increase the total to 32. It would provide for a representative of public libraries to council Click A Bill Subject For Details. Go Back Copyright Metro Cities 2010 http: / /metrocitiesbt.org/ sections / category. php ?pageNum_rsBills= 5 &totalRows rsBills= 61 &... 2/9/2012 Work Session Agenda Item No. 3 MEMORANDUM - COUNCIL WORK SESSION DATE: February 9, 2012 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Review Retreat Agenda Recommendation: It is recommended that the City Council consider providing direction to staff regarding the scheduled Council Staff retreat, scheduled for March 3 ,d 2012. Background: Each year the Council holds a Leadership- Planning -Team Building Retreat with Department Heads. This year the retreat is planned for March 3` 2012 at the Earle Brown Heritage Center. I have enclosed a copy of the agenda prepared for 2011 retreat for your review and comment. Mr. Don Salverda will deliver an updated version for the 2012 retreat on Monday. It is assumed that we will follow a similar format this year. The outline of the retreat is designed to devote most of time to team building and a lessor amount to goal setting. This is a draft and it is subject to modifications by the Council. Policy Issues: Does retreat agenda meet the expectations and goals of the Council? work session memo .retreat. review. 02.14.11.doc Mhssian: Lrtsuring an attractive, clean, sc {fe community that enhances the quality nf7ife and preserves the public trust i CITY OF BROOKLYN CENTER COUNCIL MEMBERS AND DEPARTMENT HEADS, 2011 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT Tentative Agenda 8:00 — 8:30 COFFEE AND DONUTS — INFORMAL VISITING 8:30 — 8:35 OPENING REMARKS — MAYOR AND CITY MANAGER 8:35 — 10:00 SESSION 1: "WORKING AS A TEAM — THE CHALLENGE OF PUBLIC SECTOR LEADERSHIP" Focus • Objectives and expectations for the retreat • Communication and perspectives sharing exercise • Review of progress being made during the last year (The staff will have reviewed with the council, prior to the retreat, the city's attainment of various goals and successes.) 10:00-10:15 BREAK 10:15 —12:00 SESSION 2: "WORKING AS A TEAM — PROVIDING DIRECTION" Focus: • Changes that are likely to impact the city • Review of the city's mission, values and goals • Updated consensus on priority issues and opportunities • Updated goals program 12:00 — 1:00 LUNCH 1:00 — 2:30 SESSION 3: "WORKING AS A TEAM — ROLES AND RESPONSIBILITIES - IMPROVING EFFECTIVENESS" Focus • The interdependency of council and staff • Review of roles and responsibilities • Expectations and contributions (council and staff) • Ideas for improving the council's and staffs overall effectiveness 2:30 — 2:45 BREAK 2:45 — 4:15 SESSION 4: "WORKING AS A TEAM — BUILDING POSITIVE WORK RELATIONSHIPS" Focus • Understanding work behavior styles • Building on team member strengths 4:15 — 4:30 SUMMARY AND WRAP -UP COMMENTS Focus • Review of the day • Importance of follow -up • Making a positive impact in leadership roles w Donald Salverda & Associates j Roseville Professional Center•Suite 620 2233 N.Hamlin Avenue Roseville, MN 55113(651)484-1335 A PROPOSAL FOR THE CITY OF BROOKLYN CENTER COUNCIL MEMBERS AND DEPARTMENT HEADS 2012 LEADERSHIP - PLANNING TEAM BUILDING RETREAT Proposal To Mr. Curt Boganey City Manager Proposed By Don Salverda Consultant/Facilitator I WHY HAVE A LEADERSHIP - PLANNING -TEAM BUILDING RETREAT? 1) ORGANIZATIONS NEED TO PERIODICALLY ASSESS THEIR PROGRESS, RE- ESTABLISH DIRECTION, AND ENHANCE TEAM SPIRIT 2) HOW WELL THE MAYOR, COUNCIL MEMBERS, CITY MANAGER, AND DEPARTMENT HEADS PROVIDE LEADERSHIP, COMMUNICATE, AND WORK TOGETHER TOWARD COMMON GOALS IS KEY TO THE CITY'S EFFECTIVENESS 3) IT'S EASIER TO DEVELOP CONSENSUS ON ISSUES, OPPORTUNITIES, AND GOALS IN AN OFF-SITE RELAXED ENVIRONMENT RATHER THAN THE FORMALITY OF THE NORMAL WORK ENVIRONMENT 4) A LEADERSHIP - PLANNING - TEAM BUILDING RETREAT IS AN EXCELLENT WAY TO INTEGRATE NEW MEMBERS ONTO THE LEADERSHIP TEAM CITY OF BROOKLYN CENTER COUNCIL MEMBERS AND DEPARTMENT HEADS 2012 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT PRIMARY OBJECTIVES 1) To provide an opportunity to become better acquainted with the new council member, integrating her onto the city's leadership team 2) To build on previous retreats 3) To review progress being made by the city on previously established ongoing,and strategic goals, and success target results 4) To discuss changes and forces that are likely to impact the city 5) To develop an updated consensus on issues and opportunities facing the city (1 — 3 year perspective) 6) To develop an updated goals program and success targets r 7) To review the roles and responsibilities of the city's leadership team. 8) To enhance communication, working relationships, and develop renewed team spirit among the participants 9) To discuss ways that the council and staff can improve their overall effectiveness 10) To be both educational and enjoyable II FORMAT OF THE RETREAT The sessions will be highly participative combining group discussions, individual activities, and facilitator comments. Seating Arrangements: Tables (preferably round) seating five participants per table Audio-visual Needs: Three large, standing, metal-backed easels and (None required) writing pads (facilitator will provide) III TIMING AND LOCATION Timing: Saturday, March 3, 2012 Location: Earle Brown Conference Center IV PARTICIPANT MATERIALS Each participant will receive a comprehensive outline, related supplemental materials and an Executive Summary of the Retreat V THE CONSULTANT/FACILITATOR - Over twenty-five years experience in the professional development field - Skilled seminar, workshop, and retreat leader - Leadership experience in the private, public, and volunteer sectors - Student of leadership VI INVESTMENT $2,500 Pre-Retreat Planning and Preparation On-Site Retreat Post-Retreat Report Writing Plus additional expenses incurred with the engagement such as duplicating of handout materials, easel pads, learning instruments @ $18.00 (if used), travel expenses @ $.50/mile, etc. 1 CITY OF BROOKLYN CENTER COUNCIL MEMBERS AND DEPARTMENT HEADS, 2012 LEADERSHIP PLANNING - TEAM BUILDING RETREAT Tentative Agenda 8:00 —8:30 COFFEE AND DONUTS— INFORMAL VISITING 8:30 —8:35 OPENING REMARKS—MAYOR AND CITY MANAGER 8:35 — 10:00 SESSION 1: "WORKING AS A TEAM—THE CHALLENGE OF PUBLIC SECTOR LEADERSHIP" Focus • Objectives and expectations for the retreat • Communication and perspectives sharing exercise • Review of progress being made during the last year 10:00— 10:15 BREAK 10:15 — 12:00 SESSION 2: "WORKING AS A TEAM—PROVIDING DIRECTION" Focus: • Changes that are likely to impact the city • Review of the city's mission, values and goals • Updated consensus on priority issues and opportunities ( • Updated goals program 12:00— 1:00 LUNCH 1:00 —2:30 SESSION 3: "WORKING AS A TEAM—ROLES AND RESPONSIBILITIES- IMPROVING EFFECTIVENESS" Focus • The interdependency of council and staff • Review of roles and responsibilities • Expectations and contributions (council and staff) • Ideas for improving the council's and staffs overall effectiveness • Understanding work behavior styles 2:30--2:45 BREAK 2:45—4:15 SESSION 4: "WORKING AS A TEAM— PRELIMINARY ACTION PLANNING" Focus • Preliminary action planning on the highest priority goals 4:15 —4:30 SUMMARY AND WRAP-UP COMMENTS Focus • Review of the day • Importance of follow-up • Making a positive impact in leadership roles Work Session Agenda Item No. 4 MEMORANDUM - COUNCIL WORK SESSION DATE: February 9, 2012 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Brooklyns Youth Council Update Recommendation: It is recommended that the City Council consider providing direction regarding the future Council interaction and /or relationship with the Brooklyns Youth Council. Background: On November 28 the City Council was approached by members of the Brooklyns Youth Council (BYC) inviting a Council member to attend a meeting to discuss how youth could provide a voice to issues impacting the community (minute excerpt enclosed). On January 9 the City Council discussed the request and Councilmembers Ryan and Kleven were authorized to represent the City Council at the next BYC meetin�. Per this direction, Councilmember Ryan and Councilmember Kleven attended the February 6 2012 meeting of the Brooklyns Youth Council. I have enclosed a memo from the Advisor to the Youth Council sent to Councilmembers Ryan and Kleven as a follow up to that meeting and an email from Councilmember Ryan describing the issues from his perspective as well. This item has been placed on the Worksession Agenda so that the Council can determine if provide any.response that you deem appropriate at this time. It is my understanding the BYC wants to know the opinion of Council as what approach to Youth involvement will best serve the interest of the City from the Councils perspective. Policy Issues: Is there an appropriate role for the BYC in the development of public policy. Council Goals: • We will positively embrace the community demographic makeup and increasing ethnic diversity a. Youth will be adequately served by recreation and educational programs and activities. i 2lission: Ensuring nn attractive, clean, safe community that enhances the quality of life and preserves the public trust Curt Boganey fi From: Dan Ryan Sent: Wednesday, February 08, 2012 10:20 AM To: Curt Boganey Subject: FW: Follow -up from Monday's Meeting Attachments: Brooklyns Youth Council Roster.xlsx; Important Issues and ideas from 2.6 Meeting.docx Curt, I forwarded for your information a message from Kelsey Schonning, Brooklyns Youth Council Advisor pertaining to the meeting with Councilmember Kleven, myself and the Youth Council on Monday, Feb. 6th. Ms. Schonning facilitated and took minutes at the meeting. I thought it would best if I would give you the opportunity to review the minutes. As Ms. Schonning mentions in her message the meeting "...left a bit of a grey area in terms of how we (i.e. the City Council and Youth Council) should proceed in the future. Based on the conversation, however, it sounded like you would be bringing your thoughts, ideas, and observations back to the (full) City Council, and as a group would make a decision about how you would like to work with the Youth Council. Let me know if it would be beneficial for the Youth Council to create a document in which they outline how they would like to partner with the City Council, so that the document could be used during your conversation with the City Council." One the point that I tried to make to the Youth Council was that the City Council wished to acknowledge that it is their organization and that they own it. It was created by them to represent our youth and that the City Council should not run them. I believe that the City Council has made a good faith effort to encourage open lines of communication with the Youth Council. And I believe that we have made the same effort with other organizations in Brooklyn Center. The point was made during the discussion that we are creating something new in terms of a youth based organization working with the City Council. In that context, I suggested that the City Council would benefit by learning how the Youth Council would like to work with us. I suggested a couple of possible arrangements, which of course, would require approval by the full City Council. I left it to the Youth Council to determine how they would like to work with the City Council. Given the lack of experience of the young people on the Y.C. perhaps some guidance and mentoring on the part of their staff advisor or some other capable interested party could help their members draft a proposal for how they would prefer to work with us. My second concern is that there is no confusion or miscommunication resulting from our conversations with the Y.0 I believe that Councilmember Kleven and I were clear that we were at the meeting, to listen to their concerns, answer questions and give our opinions. I tried to explain that any decisions can only be made by the full City Council. I hope that message came through. I think that Ms. Schonning's question asking me if the Youth Council should draft a document suggests that I may have been successful on that point. I certainly hope that is the case. I look forward to your questions, comments or suggestions as to how we should proceed. Thank you, Dan Ryan councilmemberryan @ci.brooklyn- center.mn.us From: Kelsey Schonning [Kelsey.Schonning @Brooklyn Park.Org] Sent: Tuesday, February 07, 2012 11 :52 AM i To: Dan Ryan; Carol Kleven Cc: Jim Glasoe Subject: Follow -up from Monday's Meeting .ello Council Members Kleven and Ryan, I wanted to first say thank you so much for attending the meeting last night. I know that your presence It that our conversation of us off on the right Youth Council members and I felt g meant a neat deal to the o g g , foot in terms of establishing a partnership that will be mutually beneficial. It seemed to me that at the end of the meeting - after talking through a few ideas from both the City Council and from the Youth Council - that we left a bit of gray area in terms of how we should proceed in the future. Based on the conversation, however, it sounded like you would be bringing your thoughts, ideas, and observations back to the larger City Council, and as a group would make a decision about how you would like to work with the Youth Council. Let me know if it would be beneficial for the Youth Council to create a document in which they outline how they would like to partner with the City Council, so that the document could be used during your conversation with the City Council. I've also attached the Roster that details the school, city of residence, and contact information for each Youth Council member, and also a document that lists the information that was posted on the wall, and a few bits and pieces I gathered from our conversation as a group last night. Let me know if there are other things you need from us, otherwise thank you again for taking the time to come to the meeting, we look forward to working together towards building a bright future for Brooklyn Center! Kelsey Schonning 'rooklyns Youth Council Advisor 1763) 493 kelsey.schonning @bz,00klynpark.org www.brooldynsvouth.com 2 I Brooldyns Youth Council fleeting 2,6.2022 Important Issues City Council Perspective Council Member Kleven - Apprenticeships during and after school (provide career exploration and professional experience for High School students) - Intergenerational Tutoring (older teaching younger, younger teaching older) - Earle Brown Mural Project (contribute paint, and starting April 15 Time!) Council Member Ryan - Employment - Safe places to socialize Educational tutorial resources - Transportation Brooklyns Youth Council Perspective - Transportation - Money (funding for youth serving programs) - Jobs - Cutting Sports in Middle Schools - Mentoring and guidance for older youth - More caring adults with a vested interest in youth success - Building positive rapportbetween youth and adult decision - makers - Integrating Youth Voice and perspective into city -wide decision - making processes Ideas for Youth Integration - BYC attends regularly scheduled City Council meetings to present ideas and perspectives to City Council - Consistent Liaison form City Council attends BYC meetings - BYC acts as Youth Commission • BYC input is sought on key items (when there is a need for youth perspective) • BYC does grassroots youth -to -youth research on key items • BYC presents findings and recommendations to the Council - Youth Opinion Box: • Link on website and Social Media that allows young people to give feedback to local government • BYC monitors Opinion Box for big issues and trends • BYC presents research and recommendations on the big issues and trends to the City Council - Youth On Existing Commissions: o Youth have voting power on existing commissions as representatives of their communities 2011 -2012 Brooklyns Youth Council Members sch, grd city Email Adam Jaco) PR, 11 BP adamjacobs27 @gmail.com Alex Marvii CO, 10 BC sk8forlyph @gmail.com Alejandra C PC, 12 BP edalegar47 @yahoo.com Azia Berhe PC, 11 BP smartgirl2222 @yahoo.com Enol Clerm PC, 12 BC clermontjr @hotmail.com Jambara Qi BC, 12 BC jambaraqualah @yahoo.com Katherine LTG, 11 BP kshermoenl5 @aol.com Kau Guann BC, 10 BC kay13_13 @yahoo.com Kayla Gray PC, 11 BC kgray002 @yahoo.com Lynn Onyai PC, 11 BP lynnkemunto @ymail.com Michael Ad PC, 11 BP Naomi Cha BC, 10 NH dearnaomichan @gmail.com Nicole Wilk PC, 12 BC nicole.wilke002 @yahoo.com Sativa N; BC, 10 BC snaranjolaw @gmail.com Sophia M PC, 11 BC sophiamyszkowski @gmail.com TeQuoya PC, 12 BP lashae07 @ymail.com Advisor Kelsey Schonning 612 - 306 -61 kelsey.schonning brooklynpark.org SCHOOLS BC =BCHS PR= Perpich PC =Park Center CO= Cooper TG= Totino Grace I 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 Hope 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 Cleric 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. 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. 01/09/12 -2- tonight's agenda for first reading of an amendment to the City's licensing code. It is also scheduled for discussion at tonight's Work Session. Mr. Boganey stated the modification proposed is straight forward to address concerns raised by Mr. Soderberg, and the City Attorney has drafted language for the City Council's consideration. It was noted the City Council can act on that proposed ordinance or postpone action so it can be discussed. If approved, the amendment allows staff to accept a new rental license during the revocation period and allows the City Council to approve the new rental license with an effective date following the end of the revocation period. MISCELLANEOUS None. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS YOUTH PARTICIPATION REQUEST Director of Community Activities, Recreation and Services Jim Glasoe introduced the item and indicated members of the Brooklyn Youth Council had invited the City Council to its Blue Jean Ball and requested time on a future agenda to tell the City Council about their organization and how they can assist the City Council with decisions involving youth. Kayla Gray, 6909 Regent Avenue N. and Naomi Chan, 9010 60%2 Avenue N., New Hope, described the establishment of the Brooklyn Youth Council in 2008, current membership, goals, and vision to lower the rate of violence, create safer environments for all, and more resources for youth. The Brooklyn Youth Council would like to be more interactive with the Brooklyn Park and Brooklyn Center City Councils to help communicate concerns on issues that affect the City's youth and to help make decisions that would improve the community. Ms. Gray offered the Brooklyn Youth Council's assistance to gain insight of youth on important issues and services that affect youth, become more representative of the community as a whole, and engage youth in the governmental progress. The City Council was invited to send a liaison to Brooklyn Youth Council meetings to discuss issues impacting the community and how to bring youth's voice to the conversation. At the invitation of Mayor Willson, those in attendance introduced themselves. The City Council expressed its appreciation to the Brooklyn Youth Council members for attending and complimented Ms. Gray and Ms. Chan on their presentation. The City Council indicated the youth's perspective is important and it has high hopes for hearing their input. The majority consensus of the City Council was to direct staff to schedule discussion on a future Work Session agenda of the Brooklyn Youth Council and feasibility of a Council Liaison. RENTAL LICENSE — REVOCATION PROCESS 11/28/11 -2-